City of Chicago Office of the City Clerk lll I llil]ililll]ililllllllilll I ]t 02018-8115 Document Tracking Sheet Meeting Date: 10 s112018 Sponsor(s): Villegas (36) Munoz (22) Ramirez-Rosa (35) Waguespack (32) Reboyras (30) Moreno (1) Santiago (31) Taliaferro (29) Ordinance Type: Title: Com m ittee(s) Ass ignment: Amendment of Municipal Code Titles 1 and 9 concerning general provisions motor vehicle recovery of debt and release of impoundment Committee on Finance Chicago City Council Referred to Committee on Finance October 31,2018 oRpINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHIGAGO: l. SECT¡ON Title 1 of the Municipal Code, GENERAL PROVISIONS, amended by adding the language underscored, as follows: is hereby l -19-020 Default in payment of fines - Recovery of collection costs and attorney's fees. Notwithstanding any other provision of this code to the contrary and in addition to any other late penalty, interest, or other types of charges or costs provided for in this code: (a) any person who fails to pay any debt due and owing, which debt is a result of that person's default in the payment of a fine or any installment of a fine, shall be liable for the city's collection costs and attorney's fees incurred by the city in the collection of the debt-C¡ggpt fol survivors of domestic violence. victims of identitv theft or qualifving hardship participants pursuant to Section 9-100-101. provided they perform community service in accordance with rules and regulations promulqated bv the Department of Finance; and (Omitted text is unaffected by this ordinance) l -19-030 Failure to pay other debt - Recovery of collection costs. Notwithstanding any other provision of this code to the contrary and in addition to any other late penalty, interest, or other types of charges or costs provided for in this code: (a) any person who fails to pay any debt due and owing, other than the debt specified in Section 1-19-020, shall be liable for the city's collection costs in the collection of the debt, except for survivors of domestic violenbe, victims of identitv theft or qualifvinq hardship participants pursuant to Section 9-100-101, provided thev perform communitv service in accordance with rules and requlations promulgated bv the Department of Finance; and (Omitted text is unaffected by this ordinance) 1-20-040 Defenses to violation of law. ln an action brought under this chapter where the city has issued a written notice of a violation, it shall be a defense that: the defendant undertook reasonable efforts to remedy the existing violation of law within the time prescribed in the city's notice, or if no time is 1 prescribed in the city's notice, a reasonable period of time, or that the defendant did not contribute to the violation which was caused by third parties. l-20-050 Billing - Rules and regulations. City departments that provide services may promuþate rules and regulations to determine the method of calculating costs recoverable under this chapter, procedure for appealinq decisions relatinq to costs incurred due to actio ns bv third oartv and loan foroiveness and for billi ng persons for charges under this chapter l-20-060 Recovery of court cost and attorney's fees. ln any action brought under this chapter, the City of Chicago shall also be entitled to recover a penalty in an amount equal to the city's litigation and collection costs and attorney's fees. except aoainst survivors of domestic violence. victims of identitv theft or qualifyino hardship participants pursuant to Section 9-100-101 provided thev perform community service in accordance with rules and requlations promulqated by the comptroller. SECTION 2. Title 9 of the Municipal Code, VEHICLES, TRAFFIC AND RAIL TRANSPORTATION, is hereby amended by adding the language underscored and deleting the language struck through, as follows: 9-92-020 Vehicle pound established. The superintendent of police and the commissioner of streets and sanitation are authorized to establish and operate vehicle pounds, to which motor vehicles may be removed as provided in and sanitation must allow vehicle the tratfic code. Emplovees of the department of owners access to their impounded vehicle in accordance with rules and reoulations issued bv the commissioner of the department of streets and sanitation. (Omitted fexf rs unaffected by this ordinance) 9-92-080 Release procedure for impounded vehicles. (Omitted text is unaffected by this ordinance) for in is ion will be reduced 5Oo/o F violence, victims of identitv theft and qualifvinq hardship participants pursuant to Section 9100-101, provided thev perform communitv service in accordance with rules and requlations promuloated bv the Department of Finance. 2 (Omitted text is unaffected by this ordinance) 9-92-100 Disposal of unclaimed vehicles. (Omitted text is unaffected by this ordinance) (d) The superintendent of police is authorized to reserve for the city's use such unclaimed impounded vehicles for which a notice has been sent pursuant to Section 9-92-070, as the various departments of the city may require. Any vehicle reserved for such purpose shall be added to the list of the respective departm ent's fleet of vehicles. lf the suoe does not exercise this authority. the commissioner of the department of streets and sanitation is authorized to dispose of such vehicles contractino with a not-for-profit agencv to oive such vehicles to individuals of need. (e) Disposal of a vehicle pursuant to this section shall not relieve the violator of liability for penalties incurred in conjunction with such vehicle: provided, however, that all costs, fines and withrespecttodisposalofanabandonedvehicle,theamountofliability@ €e€ts shall be reduced by any amounts realized in the disposal of the vehicle in accordance with Article ll of Chapter 4 of the lllinois Vehicle Code. 9-l 00-050 Determination of liability. (Omitted text is unaffected by this ordinance) (e) Failure by any respondent to pay the fine within 245 days of issuance of a determination for a violation will of liability automatically subject the respondent to a penalty for late payment; provided that an eligible participant paying the indicated fine under an early payment installment plan pursuant to Section 9-100-105 shall not be subject to the late payment, unless the eligible participant defaults on the early payment installment plan. ln the event of such a default, the eligible participant shall be subject to the late payment in accordance with this section. The penalty for late payment shall be an amount equal to 10% of the amount of the fine for the relevant violation. (Omitted text is unaffected by this ordinance) 9-100-060 Grounds for contesting a violation. 3 (a) A person charged with a parking, standing or compliance violation may contest the charge through an administrative adjudication limited to one or more of the following grounds with appropriate evidence to support: (1) that the respondent was not the owner or lessee of the cited vehicle at the time of the violation; (2) that the cited vehicle or its state registration plates were stolen at the time the violation occurred; (3) that the relevant signs prohibiting or restricting parking or standing were missing or obscured; (4) that the relevant parking meter was inoperable or malfunctioned through no fault of the respondent; (5) that the facts alleged in the violation notice are inconsistent or do not support a finding that the specified regulation was violated; (6) that the illegal condition described in the compliance violation notice did not exist at the time the notice was issued; (7) that the compliance violation has been corrected prior to adjudication of the charge; provided, however, that this defense shall not be applicable to: (i) Seetren€¡â4-p$ (ii) @r eómplianee vielatiens invelving meter vehiele exhaust systems under suþseetien compliance violations involving registration plates under subsection (a) of Section 9- 76-160; -(*i)(iiv) compliance violations involving display of registration plates, temporary registration or temporary permits under subsection (b) of Section 9-76-160, except to the extent that 625 ILCS 5/3-821.2(b) provides for an affirmative defense; fijiv) compliance violations relating to glass coverings or coating under Section 9-76220', or 0vÐ compliance violations involving the use of a mobile, cellular, analog wireless or digital telephone while driving a motor vehicle under Section 9-76-230. (Omitted text is unaffected by this ordinance) 9-100-l0l lnstallment payment plans. (Omitted text is unaffected by this ordinance) 4 (A) ent plan shall be: Fer vehieleewners prier te: (i) the vehieleþeing immebili-ed er impeunded; er (ii) the ineis, Vehiele Cede; an ameunt whieh the traffie eemplianee administrater deems apprepriate fer the vehiele ewner's eembined liability fer fines and penalties, plus aeerued penalties and fees under (B) Fer all ether vehiele ewners after vehiele immeþilizatien er impeundment, er after the ewner's driver's lieense has þeen suspended pursuant te See, 5/6 306,5 ef the- lllineis Vehiele penalties and fees under Seetieno rnn a^n(h) and fer immebilizatien, impeundment, tewing @ P4) Required installment payments after the initial payment shall be substantially equal, unless the traffic compliance administrator determines, based on a review of the vehicle owner's finances, that installments in different amounts will be more effective in paying off the total indebtedness; É5) lf the vehicle owner fails to make all required payments in a timely manner, the vehicle owner's motor vehicle shall be subject to immpbilization or impoundment, or the vehicle owner's driver's license shall be subject to suspension pursuant to Sec. 5/6-306.5 of the lllinois Vehicle Code, if applicable, and the vehicle owner shall be liable for the outstanding balance plus an additional penalty of $100.00. (56) Every installment plan shall be in a form prescribed by the traffic compliance administrator, and shall state the total indebtedness, the amount of the initial installment, the amount of each subsequent installment and the date each is due, the penalty for delinquency under the installment plan, and such other provisions as the traffic compliance administrator may determine. The installment plan shall also require the vehicle owner to pay every parking, standing, compliance, automated traffic law enforcement system and automated speed enforcement system fine that becomes final during the term of the installment plan. The-initial installment shall be paid whe+ the plan is exeeuted, Upon execution of the agreement and payment of the initial installment, and as long as the vehicle owner is in compliance with the installment plan, the vehicle owner's vehicles shall not be subject to immobilization and impoundment for failure to pay the fines and penalties described in the installment. (Omitted fexf rs unaffected by this ordinance) 9-100-105 Early payment installment plans. (a) For purposes of this section, the following definitions apply "Default" means the non-payment or underpayment of eligible participant under an early payment installment plan. a monthly amount due from an "Eligible participant" means a person who was issued a notice: (i) under Section 9-100030 or a se€end notice for a parking, standing or compliance violation under Section 9-100050(dX1); or (ii) under Section9-100-045for an automated speed enforcement system or automated traffic law enforcement system violation, but has not been issued a notice of final determination for such violation. "Eligible violation" means a parking, standing, compliance, or enforcement system or automated traffic law enforcement system violation. 5 automated speed (b) The traffic compliance administrator may establish a program in compliance with this chapter for early payment installment plans for the payment of eligible violation fines by eligible participants. (c) The early payment installment plan shall include the following conditions: (1) the plan has a scheduled duration of 90 days or less; and (2) the plan requires one payment per month on a day specified in the executed plan and the monthly payments are in equal amounts¡and (3) the dewn payment is equalte the first menthlyinstallment payment. (Omitted fexf rs unaffected by this ordinance) SECTION 3. This ordinance is effective ninety days after passage and approval M GILBERT VILLEGAS Alderman, 36th Ward 6 àJ ç Alderman, ¿!}--4vara¡ Alderman, Ward) V/ard ) Alderman, ( Ward) Ward) Alderman, ( Ward) V/ard) Alderman, ( V/ard) Alderman, ( Ward) Alderman, ( Ward) Alderman, Ward) Alderman, ( Ward) Alderman, ( Alderman, ( Ø V/ard) ,ñ (ls e¿¿tu Alderman, ( 2?'+' of lPage - -l