here - Village of Oakwood, Illinois

ORDINANCE NO. I4-1I.IO-2
AN ORDINANCE AMENDING CODE
SECTION 8.28.060 PENALTIES
WHEREAS, the President and Board of Trustees of the Village of Oakwood, Illinois
have previously adopted an ordinance regulating certain public nuisances and the seizure of
vehicles, including penalties for violations therefor; and,
WHEREAS, the President and Board of Trustees of the Village of Oakwood, Illinois
desire to increase the penalties for said violations of Chapter 8.28; and,
WHEREAS, OrdinanceNo. 07-4-9-l contains scrivener's errorswhichrnisidentified
certain sections as 10.28.060,10.28.070 and 10.28.080 instead of 8.28.060 and 8.28.070 arrd
8.28.080.
NOW, THEREFORE, be it ordained by the President and Board of Trustees of the
Village of Oakwood, Illinois as follows:
Section 1: There is hereby added to the Municipal Code of Oakwood the following
sections, to-wit:
8.28.060 Penalties.
(A) Whenever a motor vehicle is used in the commission of or in conjunction with any
of the offenses described in Section 8.28.010 the motor vehicle may be impounded and the
owner of record of the motor vehicle shall be liable for an administrative penalty in the
arnount of $500 and any applicable towing and storage fees.
(B) Costs. In addition to any fine or other penalty imposed pursuant to this chapter,
the owner of record sha1l be ordered to pay the costs and fees incurred by the village in
prosecuting the violation, which shall include, but not be limited to, the costs associated with
an administrative adjudication proceedings or court proceeding, and reasonable attorney's
fees
(C) If apenalfy is imposed pursuant to this chapter, such penalty shall constitute a debt
due and owing to the village. The owner of record's obligation to pay such debt to the
village shall be independent of the village's return of any impounded motor vehicle. If a
bond has been posted, the Hearing Officer shall enter an order deducting any fines and fees
irnposed pursuant to this chapter from the bond so posted.
(D) Except as otherwise provided in this chapter, an irnpounded motor vehicle shall
be returned to the owner of record, or other person who is legally entitled to possess the
motor vehicle, upon his or her payment to the village of the penalty or penalties imposed
pursuant to this chapter, including the towing and storage fees, unless the motor vehicle has
been sold or otherwise disposed of to satisfy a judgment or enforce a lien as provided by law.
(E) Nofwithstanding any other provisions of this chapter, whenever a person with a
lien of record against a motor vehicle impounded under this chapter has commenced
foreclosure or repossession proceedings, possession of the motor vehicle shall be given to
that person, but only upon agreeing, in writing, to refund to the village the net proceeds
of
any sale of the motor vehicle, less any amounts necessary to pay all lien holders
of record,
up to the total amount of penalties imposed pursuant to this chapter which are outstanding.
8.28 "07 0
Unclaimed Vehicles.
Any m<ltor vehicle which is not reclairned within 30 days after expiration of the time
during which the owner of record may seek judicial review of the village's actions purr.runi
to this chapter, or the time at which a final judgment is rendered in favor of the
,rillug., o.
the time a final administrative order is entered against an owner of
record who is found in
default, may be disposed of as an unclaimed
vehicle as provided by 1aw.
-ot,
8.28.080 Severability.
If any provision or part of this chapter shall be found unconstitutional or outside the
corporate or home rule powers of the village, the remaining provisions
shall continue in full
force and effect.
Section 2: Sections 10.28.060, 10.28.070 and 10.28.080 are hereby repealed.
Section 3: This ordinance shall be in
publication.
full force
and effect immediately upon its
Passed this 106 day of Novemb er, 2014 pursuant to a ro11 call vote by the Board
Trustees of the Village of Oakwood,Illinois, as follows:
AYES
NAYS
ABSENTEES: 6ouJa6
ABSTENTIONS:
of
Approved this
1Oth
day of November, 2014
ATTEST:
Connie Young, Yll[.fge
Published the 10'h day of November,2014
in pamphlet form.
Connie Young, Y{l/age
C:WyFiles\STEVE MILLER FILES\VILLAGE OF OAKWOOD\Ordinance 14-l l-10-2 amending oode section 8,28.060 penalties.rvpd
ORDTNANCE NO. 14-11-10-3
AN ORDINANCE ESTABLISHING FINES
FOR VIOLATIONS OF CHAPTER 9.80
OF THE OAKWOOD MLINICIPAL CODE
WHEREAS, the President and Board of Trustees of the Village of Oakwood, Illinois
have previously adopted Ordinance No. 12-04-09-1 establishing Chapter 9.80 of the
Oakwood Municipal Code; and,
WHEREAS, the President and Board of Trustees of the Village of Oakwood, Illinois
desire to increase the fines for violations of said chapter.
NOW, THEREFORE, be it ordained by the President and Board of Trustees of the
Village of Oakwood, Illinois as follows:
Section l: Section 9.80.050 is hereby amended to read as follows: "Any one found
guilty of a violation of this chapter shall pay a fine of $750.00 for the first offense and
$1,000.00 for each subsequent offense."
Section 2: This ordinance shall be in
publication.
full force and effect immediately after its
Adopted this 10th day of November, 2014 pursuant to a roil call vote by the BoarC
Trustees of the Village of Oakwood, Illinois, as follows:
AYES
NAYS
ABSENTEES: ?y',,
t r
ABSTENTIONS:
Approved this
ATTEST:
Connie Young, Vi
1Oth
day of Novemb er,2Ol
of
Published the iOth day of November,2074
in pamphlet form.
Connie Young,
Vi
C:\MyFiles\STEVEMILLERFILESWILLAGE
Code.wpd
OF OAKWOOD\Ordinance l4-1 l-10-3 establishingfinesforviolations ofCh9.80 OakwoodMunicipal