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
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