§ 2-236. Stipulations.

(a)

In the event that a violator agrees with the violation(s) contained on the citation or notice of violation(s), but requests more time to correct the violation(s), the violator shall have the option to enter a voluntary stipulation agreeing to the violation(s) and waiving the violators right to any further hearings before the code enforcement board or special magistrate. The violator shall then have additional time as agreed to between the officer and violator to correct the violation(s) before any fine begins to run.

(b)

The stipulation offered to the violator shall include the violators agreement to the violation(s); the waiver of the right to further hearings; and, be in writing on a form provided by the officer and approved by the village attorney. The stipulation shall also contain the date that the violator must correct the violation(s) before a fine commences to run, and shall state the amount of the daily fine if the violation(s) are not corrected by the correction date. The violator shall pay the fee set by resolution for the stipulation prior to the officer approving the stipulation. Once the stipulation is approved by the officer, all administrative costs and fees associated with the violators case up to the date of the stipulation shall be waived.

(c)

By signing the stipulation, the violator agrees to the entry of an order by the code enforcement board or special magistrate approving the stipulation. The violator is not required to be present at the hearing in which the stipulation is reviewed by the code enforcement board or special magistrate. The order approving the stipulation shall provide that the stipulation shall have the same effect as an order entered by the code enforcement board or the special magistrate imposing a fine and creating a lien in the event that the violator does not correct the violation(s) by the correction date.

(d)

In the event that the code enforcement board or the special magistrate does not approve the stipulation, the violator shall not be prejudiced for not appearing at the hearing and shall be given additional reasonable time for compliance and shall be issued a notice of hearing (if not previously issued) to appear at the next available hearing. Said notice of hearing will be sent by regular U.S. mail to the address contained on the stipulation.

(e)

The stipulation shall not waive the violator's right to request a lien reduction hearing if a lien is imposed as a result of the stipulation.

(Ord. No. 2008-33, § 2, 12-11-2008)