FINAL VERSION FOR APPROVAL - 3/22/2012

Title 1 ADMINISTRATIVE CHAPTER 1 OFFICIAL VILLAGE CODE 1-1-1 TITLE Upon adoption by the board of trustees, this village code is hereby declared to be and shall hereafter constitute the official village code of Island Lake. This village code of ordinances shall be known and cited as the ISLAND LAKE VILLAGE CODE, and it is hereby published by authority of the board of trustees and shall be kept up to date as provided in section 1-1-3 of this chapter under the direction of the village clerk and village attorney, acting for the village board. Any reference to the number of any section contained herein shall be understood to refer to the position of the same number, its appropriate chapter and title heading, and to the general penalty clause relating thereto, as well as to the section itself, when reference is made to this village code by title in any legal document. 1-1-2 ACCEPTANCE This village code, as hereby presented in printed form, shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the village of general and permanent effect, except the excluded ordinances enumerated in section 1-2-1 of this code. 1-1-3 AMENDMENTS Any ordinance amending this village code shall reference the provision to be amended, and this shall constitute a sufficient compliance with any statutory requirement pertaining to the amendment or revision by ordinance of any part of this village code. All such amendments or revisions by ordinance shall be forwarded to the codifiers for insertion in its proper place in each copy of this village code. 1-1-4 SUPPLEMENTS Any person having in his custody an official copy of this village code shall make every effort to maintain this code in an up to date and efficient manner, including insertion of replacement pages when received. The code books, when in actual possession of officials and other interested persons are the property of the village and shall be returned to the office of the clerk upon expiration of the persons term of office or termination of employment, as the case may be.

FINAL VERSION FOR APPROVAL - 3/22/2012

CHAPTER 2 SAVING CLAUSE 1-2-1 REPEAL OF GENERAL ORDINANCES All general ordinances of the village passed prior to the adoption of this village code are hereby repealed, except those included in this village code or those by necessary implication that are reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the village; and all special ordinances. 1-2-2 COURT PROCEEDINGS No new ordinance shall be construed or held to repeal a former ordinance, whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment be mitigated by any provision of a new ordinance, such provision may be, by the consent of the party affected, applied to any judgment announced after the new ordinance takes effect. This section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. Nothing contained in this chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the village herein repealed and the provisions of all general ordinances contained in this code shall be deemed to be continuing provisions and not a new enactment of the same provision; nor shall this chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the village under any ordinance or provision thereof in force at the time of adoption of this village code. 1-2-3 SEVERABILITY CLAUSE If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this village code or any part thereof is for any reason held to be unconstitutional or invalid or

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ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this code, or any part thereof. The village board hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective. CHAPTER 3 DEFINITIONS 1-3-1 A. RULES OF CONSTRUCTION: Whenever any word in any section of this village code importing the plural number is used in describing or referring to any matters, parties or persons, any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter, party or person is referred to in this village code by words importing the singular number only, or the masculine gender, several matters, parties or per sons and females as well as males and bodies corporate shall be deemed to be included; provided, that these rules of construction shall not be applied to any section of this village code which contains any express provision excluding such construction or where the subject matter or content may be repugnant thereto. The word "ordinance" contained in the ordinances of the village has been changed in the content of this village code to "title", "chapter", "section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the village's ordinances is not meant to amend the passage and effective dates of such original ordinances. In the construction of this code and of all ordinances, the rules and definitions set out in this chapter shall be observed unless such construction would be inconsistent with the manifest intent of the board of trustees. The rules of construction and definitions set out herein shall not be applied to any section of this code which shall contain any express provision excluding such construction or where the subject matter or the context of such section may be repugnant thereto. All general provisions, terms, phrases and expressions contained in this code shall be liberally construed in order that the true intent and meaning of the board of trustees may be fully carried out. In the interpretation and application of any provision of this code, they shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of the code imposes greater restrictions upon the subject matter than the other provisions of the code, the provision imposing the greater restriction or regulation shall be deemed to be controlling. DEFINITIONS Whenever the following words or terms are used in this code, they shall have the meanings herein ascribed to them, unless the context makes such meaning repugnant

B.

C.

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thereto: AGENT: A person acting on behalf of another. ANNUAL FEE ORDINANCE: That certain schedule of fees that is annually adopted by ordinance of the board of trustees setting forth the applicable fees, charges, penalties, and fines authorized by this code and by other ordinances of the village, as set out in chapter 16 of title 1 of this code. BOARD OF TRUSTEES, CORPORATE AUTHORITIES, OR VILLAGE BOARD: The board of trustees of the village of Island Lake, which shall consist of the mayor and trustees. CODE: The village code of Island Lake, Illinois and amendments thereto. COUNTY: The Counties of Lake and McHenry, State of Illinois. EMPLOYEES: Whenever reference is made in this code to a village employee by title only, this shall be construed as though followed by the words "of the village of Island Lake". FEE: A sum of money charged by the village for the carrying on of a business, profession or occupation. LICENSE: The permission granted for the carrying on of a business, profession or occupation. MAYOR: The mayor of the village may be referred to as "President" or "mayor" of the village. MISDEMEANOR: Any offense for which a sentence to a term of imprisonment in other than a penitentiary for less than one year may be imposed. NUISANCE: Anything offensive or obnoxious to the health and welfare of the inhabitants of the village; or any act or thing repugnant to, or creating a hazard to, or having a detrimental effect on the property of another person or to the community. OCCUPANT: As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others. OFFENSE: Any act forbidden by any provision of this code or the omission of any act required by the provisions of this code. OFFICERS: Whenever reference is made in this code to a village officer by title only, this shall be construed as though followed by the words "of the village of Island Lake". OPERATOR: The person who is in charge of any operation, business or profession. OWNER: As applied to a building or land, this term shall include any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
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PERSON: Any public or private corporation, firm, partnership, association, organization, government or any other group acting as a unit, as well as a natural person. PERSONAL PROPERTY: Every description of money, goods, chattels, effects, evidence of rights in action and all written instruments by which any pecuniary obligation, right or title to property is created, acknowledged, transferred, increased defeated, discharged or diminished and every right of interest therein. RETAILER: Unless otherwise specifically defined, this term shall be understood to relate to the sale of goods, merchandise, articles or things in small quantities direct to the consumer. STATE: The State of Illinois. STREET: This term shall include alleys, lanes, courts, boulevards, public squares, public places and sidewalks. TENANT: As applied to a building or land, this term shall include any person who occupies the whole or any part of such building or land, whether alone or with others. VILLAGE: The Village of Island Lake, Lake and McHenry Counties, State of Illinois. VILLAGE PRESIDENT: See mayor. WHOLESALER and WHOLESALE DEALER: Unless otherwise specifically defined, such terms shall be understood to relate to the sale of goods, merchandise, articles or things in quantity to persons who purchase for the purpose of resale. WRITTEN, IN WRITING: These terms may include printing and any other mode of representing words and letters, but when the written signature of any person is required by law to any official or public writing or bond required by law, it shall be in the proper handwriting of such person, or in case he is unable to write, by his proper mark. 1-3-3 CATCHLINES The catchlines of the several sections of this village code are intended as mere catchwords to indicate the content of the section and shall not be deemed or taken to be titles of such sections, nor be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any division or section hereof, nor unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. CHAPTER 4 GENERAL PENALTY 1-4-1 GENERAL PENALTY Whenever in this code, or in any ordinance of the village, any act or omission is

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prohibited or is made or declared to be unlawful or an offense or a violation of this code, or whenever in this code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a violation of this code, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance is hereby declared to be an offense and shall be punishable by a fine in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code. A separate offense shall be deemed committed on each day or part thereof on which a violation occurs or continues or is permitted to occur or continue. 1-4-2 APPLICATION OF PROVISIONS The penalty provided in this chapter shall be applicable to every section of this code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this code where any duty is prescribed or obligation imposed, or where any action which is of a continuing nature is forbidden or is declared to be unlawful, shall be deemed guilty of a misdemeanor. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues, unless otherwise specifically provided in this code. In all cases where the same offense is made punishable or is created by different clauses or sections of this code, the prosecuting officer may elect under which to proceed; but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this code and there shall be no fine or penalty specifically declared for such breach, the provisions of this chapter shall apply. 1-4-3 LIABILITY OF OFFICERS No provision of this code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty, unless the intention of the board of trustees to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. CHAPTER 5 MAYOR 1-5-1 ELECTION; TERM OF OFFICE The mayor shall be elected for a term of four (4) years, and shall be the president of the board of trustees, as provided by statute. 1-5-2 A. DUTIES: The mayor shall be the chief executive officer of the village and shall perform all such duties as may be required by statute or ordinance. The mayor shall have

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supervision over all the executive officers of the village and over all the employees of the village. The mayor shall have the power and authority to inspect all books and records kept by any village officer or employee at any reasonable time. B. Whenever there is a question as to respective powers or duties of any appointed officer of village, it shall be settled by the mayor. The mayor shall have the power to delegate to any such officer any duty which is to be performed when no specific officer has been directed to perform that duty. BOND; OATH; SALARY The mayor shall take oath or affirmation of office and shall execute and deliver to the village a bond in accordance with section 1-8A-7 of this code. The mayor shall receive an annual salary of eight thousand eight hundred dollars ($8,800.00). In addition to the annual salary, the mayor shall receive the sum of one hundred dollars ($100.00) for each board and special meeting of the village board attended by the mayor. Meetings that are concurrent on the same date will be deemed to be one meeting, and the mayor will receive the total sum of $100 for the date regardless of how many meetings or what type of meetings are held and attended by the mayor. Further, in addition to the annual salary and to the one hundred dollars ($100.00) for each meeting attended, the mayor shall receive an annual salary of one thousand two hundred dollars ($1,200.00) for performing the duties of liquor commissioner. The duties of the mayor include a minimum of twenty (20) hours per week, exclusive of meetings attended. 1-5-4 MAYOR PRO TEM During a temporary absence or disability of the mayor, the board of trustees shall elect one of its members to act as mayor pro-tem, who, during the absence or disability of the mayor, shall perform the duties pertaining to the office. CHAPTER 6 BOARD OF TRUSTEES 1-6-1 ELECTION; FUNCTIONS The board of trustees, consisting of six (6) members, shall be elected to office for a four (4) year term, according to the method provided by statute. This board shall be the legislative department of the village government, and shall perform such duties and have such powers as may be delegated by statute to it. 1-6-2 SALARY Each trustee of the village shall receive the sum of one hundred dollars ($100.00) for each board and special meeting of the village board attended by the trustee. Meetings that are concurrent on the same date will be deemed to be one meeting, and a trustee will receive the total sum of $100 for the date regardless of how many meetings or what type of meetings are held and attended by that trustee.

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1-6-3 A.

MEETINGS Regular Meetings: Regular meetings of the board of trustees shall be held on the second and fourth Thursday evening of each month unless otherwise approved in accordance with the Illinois Open Meetings Act. Special Meetings: Special meetings may be held anytime on call of the mayor, or on the call of at least three (3) trustees, or as otherwise provided by state statute. The special call by the 3 trustees shall be in writing, duly signed by each sponsoring trustee, and shall be presented to the village clerk, who shall proceed immediately to prepare the agenda and provide notice of the special meeting to the news media as required by the Illinois Open Meetings Act and cause the agenda and any supporting documents to be served on the mayor and members of the village board by e-mail. Any notice of a special meeting must be in compliance with the Illinois Open Meetings Act, 5 ILCS 120/1.01 et seq. In accordance with state statute, no business other than that set forth in the agenda may be transacted or undertaken at any special meeting. Time and Location: All regular meetings are to be held at 7:30 P.M. local time in the village hall, 3720 Greenleaf Avenue, Island Lake, Illinois, unless otherwise specified by the notice of the meeting or approved by the board of trustees. ORDER OF BUSINESS AND RULES OF PROCEDURE A. B. Quorum: A majority of the corporate authorities shall constitute a quorum to do business. Order of Business: Unless otherwise determined by a majority of the corporate authorities, the business shall be conducted in the following order: 1. 2. 3. 4. 5. 6. Call to order. Roll call. Pledge of allegiance. Correspondence/recognition of village employees with family members in the military. Public commentslimited to 5 minutes per speaker. Consent Agenda items. a. b. c. Approval of Minutes. Approval of Payments of Bills. Committee & Department Reports: i. ii. iii. iv. v. Finance and administration. Public works & Water. Building, zoning, and ordinance. Police and public safety. Parks, recreation & education.

B.

C.

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vi. 7. Agenda items: a. b. 8. 9. 10. 11. 12. 13. 14. C. D.

Economic development.

Old business. New business.

Items from village clerk, trustees and department heads. mayors report. Open to public comments limited to 5 minutes per speaker. Executive session. Reconvene to regular session. Action on executive session items. Adjourn.

Agenda: Any matter of business before the board may be rescheduled on the agenda by majority vote of the members present. Voting, record yeas and nays: 1. 2. Upon request of any member, the yeas and nays upon any question shall be taken and entered upon the minutes. The results of all votes by yeas and nays shall be announced by the clerk, no members vote may be changed after the result has been announced.

E.

Rules of Order: The rules of parliamentary procedure in the latest published edition of Roberts Rules of Order shall govern the board meetings in all cases to which they are applicable and in which they are not inconsistent with the rules of this board or the statutes of this state. Temporary Suspension of Rules: These rules may be temporarily suspended, repealed, altered or amended by a two-thirds vote of the corporate authorities. Meeting Procedures: 1. Duties of the presiding officer. The mayor shall be the presiding officer and chair. If the mayor is absent then the temporary chair shall be the presiding officer and chair. The presiding officer shall preserve order and decorum and may speak to points of order in preference to other members and shall decide all questions of order subject to appeal. The presiding officer may speak to matters being considered by the village board without relinquishing his or her chair. If he or she refuses to allow the trustees to exercise their right to appeal a decision of the chair, the trustees may consider and pass on the matter in spite of the chairs failure to grant them an appeal. In case of any disturbances or disorderly conduct, the presiding officer shall have the power to require the chamber to be cleared. 2. Duties of trustees. While the presiding officer is putting the question to vote, no trustee shall walk across or out of the board room. Every trustee, prior to speaking, making a motion, or seconding the same, shall address himself or herself to the presiding officer and appropriately

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address the chair and shall not proceed with his or her remarks until recognized and named by the chair. He or she shall confine himself or herself to the question under debate, avoiding personalities and refraining from impugning the motives of any other trustees opinion, argument or vote. When two ore more trustees address the chair at the same time, the presiding officer shall name the trustee who is first to speak. 3. Visitors. Except during the time allotted for public discussion and comment, no person other than a member of the village board shall address the village board, except as authorized by the board. Public comment shall be limited to five minutes per speaker unless the village board by a majority vote expands the time available for any public speaker. The village board, by a majority vote, may also set a lower or higher time limit for a speaker or for comment on a particular subject which shall apply to all speakers during that public comment section. The public comment section may be closed at any time upon a motion and second of the board of trustees and a majority vote in favor thereof. Call of trustees to order, disorderly conduct and expulsion. A trustee, when called to order by the chair, shall thereupon discontinue speaking and return to his or her seat if the trustee has temporarily vacated the seat, and the order of ruling by the chair shall be binding and conclusive, subject only to the right of appeal. Any member who fails to come to order after two warnings during a single meeting may be charged by the chair with disorderly conduct. By concurrence of two-thirds of the trustees then holding office, the trustee charged with disorderly conduct may be determined to have committed the offense and shall pay within seven days thereafter to the village treasurer the sum of one hundred dollars ($100.00) by the concurrence of two-thirds of the trustees then holding office and may be expelled from a meeting for disorderly conduct on a motion to so act. A trustee may not be expelled a second time for the same incident. A trustee who fails to come to order upon a third call at a meeting, upon concurrence of two-thirds of the trustees then holding office, shall pay an additional one hundred dollars and shall be expelled from said meeting. Such amounts, if not paid, may be recovered in a civil proceeding. The warnings are not limited to individual subjects or speaking occurrences but instead shall apply to the meeting as a whole.

4.

H.

General Procedure for Legislation: All new ordinances or resolutions, except pro forma, honorary or proclamatory resolutions, shall be either (1) referred to a standing committee for recommendation to the village board or (2) introduced at a meeting and then held over to the next regular meeting for final action or (3) introduced and considered for final action at the meeting at which the legislation is introduced but only if specifically listed on that meetings agenda. Ordinances or resolutions referred to committee shall be placed on the old business agenda until reported out of committee. If not reported out of committee within thirty days from the date of reference, the ordinance or resolution shall be called for final action. STANDING COMMITTEES The standing committees of the board of trustees are:

1-6-5 A.

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1. 2. 3. 4. 5. 6. B.

Finance and administration. Public works and water Department. Police and public safety. Building, zoning and ordinance. Economic development. Parks, recreation and education.

The corporate authorities, by majority vote, shall have the power to appoint and remove, at will, one member of the village board to be the chairperson of each standing committee, and four other trustees as members of the committee. The appointed standing committee shall oversee his or her respective department and have a working knowledge of the personnel and procedures of the department. In addition, each committee chairperson will keep the village board informed of his or her respective departments operations and make recommendations to the village board concerning these operations. The standing committees shall serve the following overall functions in the area of each individual committee responsibility: 1. 2. 3. 4. 5. 6. Overall supervision and review of village policies and procedures. Liaison with other governmental agencies. Long-range planning. Budget and fiscal responsibility. Origination of ordinances and resolutions. Coordination of village staff.

C.

D.

The responsibilities of each committee shall be to investigate and gather information on matters pending before the village board, to initiate legislation and recommend to the village board the adoption of ordinances and resolutions. The areas of responsibility of each committee shall include but not be limited to the following: 1. Finance and administration: a. b. c. d. e. 2. Entire village budget. Contracts. Appropriation and levy. License fees. Personnel. a. Roads, sewer, water. b. Local public improvements. c. Drainage issues. d. Electrical.

Public works & water department.

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e. Storm water detention. f. 3. Environmental controls (wells, litter, weeds, garbage). Police and public safety: a. Police department. b. Traffic control. c. Fire. d. Disaster (tornado, flood, riot control). e. Animal control. f. 4. Medical services. g. Coordination with village emergency management agency. Building, zoning, ordinance: a. b. c. d. e. f. 5. a. b. c. d. 6. a. b. c. d. E. 1. 2. 3. Building code regulations. Permits and inspections. Annexations. Long-range planning. Coordination with zoning board of appeals and plan commission. Public buildings. Long range planning. Update village master plan. Attract new business to village. Retain existing business base. Oversee village recreation department. Oversee village park maintenance and development. Oversee creative playtime pre-school and club. Plan and run all village special events.

Economic development:

Parks, recreation and education:

Standing Committee Rules: Procedure: The chairperson will preside at the meetings and have final authority to rule on disputes in procedure. Quorum: Three members of the committee are required to establish the quorum. Voting: A favorable vote of a majority of those present at a committee meeting, but not less than two votes, is required to refer a matter to the village board and out of the standing committee. If a matter is not referred

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out of a standing committee within thirty days of reference, the ordinance or resolution may be called for a final vote as provided in section 1-6-5 H. 4. Notice requirements: Notice of meetings shall be as required by the Open Meetings Act. All meetings will be open to the public and minutes shall be prepared of each meeting. Report to village board: The standing committee will provide the village board with a brief written overview of each item discussed. Public participation: The standing committee meetings will have a public participation section on the agenda.

5. 6. 1-6-6 A.

PERMISSION OF BOARD FOR ANY ACTION OR DECISION Any person desiring permission for any actions or decisions of the board of trustees which are not now included in the village ordinances must file a written application or letter of intent. Such application or letter of intent must be in full detail as to the nature of the request and the action of the petitioner in the event the request is granted. In the event the board of trustees deem such action, if granted and not fulfilled, would place in jeopardy the health and welfare of the village, a cash bond, determined by the board of trustees, will be demanded to ensure such fulfillment. DISTURBING MEETINGS It shall be unlawful for any person to disturb any meeting of the board of trustees or of any committee thereof. Any person violating the provisions of this section shall be subject to the penalty provisions of chapter 4 of title 1 of this code for each offense.

B.

1-6-7

1-6-8

TAPING OF CLOSED SESSION MEETINGS It shall be unlawful for any person other than the village clerk or other person specifically designated by the village board at that specific meeting which is closed to the public to tape, film or record by other means any portion of a meeting which has been closed to the public pursuant to the Illinois open meetings act, 5 ILCS 120/1 et seq., as may be amended from time to time. Any tapes made by the village clerk or such other person shall be kept as required by the Illinois open meetings act and the ordinances of the village. Any person who violates the provisions of this section shall be subject to the penalty provisions of chapter 4 of title 1 of this code for each offense.

1-6-9 A.

ELECTRONIC ATTENDANCE AT MEETINGS Policy. It is the policy of the village of Island Lake that any member of the village board may attend any open meeting of the village board via electronic means (such as by telephone, video or internet connection) provided that such attendance is in compliance with these rules and any applicable laws. For purposes of the village code, meeting shall be as defined in 5 ILCS 120/1.02 of the Open Meetings Act (as may be amended from time to time) and shall mean any gathering, whether in person or by video or audio conference, telephone call, electronic means (such as, without limitation, electronic mail, electronic chat and instant messaging), or other means of contemporaneous interactive
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communication, of a majority of a quorum of the members of a public body held for the purpose of discussing public business. B. Prerequisites. A member of the village board may attend a meeting electronically if the member meets the following conditions: 1. The member should notify the village clerk at least 48 hours before the meeting, unless impractical, so that necessary communications equipment can be arranged. Such notice shall be in writing, if possible. The member must assert one of the following three reasons why he or she is unable to physically attend the meeting. a. b. c. The member cannot attend because of personal illness or disability; or The member cannot attend because of employment purposes or the business of the village; or The member cannot attend because of a family or other emergency.

2.

C.

Authorization to Participate. 1. The clerk or his or her designee, after receiving the electronic attendance request, shall inform the village board of the request for electronic attendance. After establishing that there is a quorum physically present at a meeting where a member of the village board desires to attend electronically, the presiding officer shall state that (i) a notice was received by a member of the village board in accordance with these Rules, and (ii) the member will be deemed authorized to attend the meeting electronically unless a motion objecting to the members electronic attendance is made, seconded, and approved by two-thirds of the members of the village board physically present at the meeting. If no such motion is made and seconded or if any such motion fails to achieve the required vote by the members of the village board, physically present at the meeting, then the request by the member to attend the meeting electronically shall be deemed approved by the village board and the presiding officer shall declare the requesting member present. After such declaration by the presiding officer, the question of a members electronic attendance may not be reconsidered.

2.

D.

Adequate Equipment Required. The member participating electronically and other members of the village board must be able to communicate effectively, and members of the audience must be able to hear all communications at the meeting site. Before allowing electronic attendance at any meeting, the village board shall provide equipment adequate to accomplish this objective at the meeting site. Minutes. Any member attending electronically shall be considered an off-site attendee and counted as present electronically for that meeting if the member is
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allowed to attend. The meeting minutes shall also reflect and state specifically whether each member is physically present or present by electronic means. F. Rights of Remote Member. A member permitted to attend electronically will be able to express his or her comments during the meeting and participate in the same capacity as those members physically present, subject to all general meeting guidelines and procedures previously adopted and adhered to. The member attending electronically shall be heard, considered, and counted as to any vote taken. Accordingly, the name of any member attending electronically shall be called during any vote taken, and his or her vote counted and recorded by the clerk and placed in the minutes for the corresponding meeting. A member attending electronically may leave a meeting and return as in the case of any member, provided the member attending electronically shall announce his or her leaving and returning. Executive Session. No member shall be permitted to attend an executive session electronically. Committees, Boards and Commissions. These rules shall apply to all committees, boards and commissions established by authority of the village board. INDEMNIFICATION OF VILLAGE OFFICERS Definitions: Words and terms used in this section shall have the meanings listed below: INDEMNIFY OR INDEMNIFICATION: Payment on behalf of a village officer to the extent permitted by law to compensate for a judgment, court costs or attorneys fees assessed against the village officer, or for compromise or settlement of a claim or act against the village officer. LEGAL DEFENSE SERVICES: the undertaking of legal representation, and reimbursement for part or all of the court costs and attorneys fees incurred, in the defense of eligible claims or liabilities by the attorney assigned by the village's insurer or, if the claim or liability is not covered by insurance, the village attorney or other attorney assigned by the village. VILLAGE OFFICERS: All persons who were, now are, or shall be lawfully elected, appointed or employed officials of the village; members of commissions, boards, or other units operated by and under the jurisdiction of the village; village employees; persons who perform a service on a volunteer basis for the village and under its direction and control; and persons providing services to the village under any mutual aid or similar agreement. B. Indemnification and Legal Defense Services for Village Officers: Except for any claim or liability arising out of bad faith, intentional, reckless or willful misconduct, or criminal conduct, the village will indemnify, hold harmless, and provide legal defense services and insurance coverage, to
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FINAL VERSION FOR APPROVAL - 3/22/2012

the extent permitted by law, for claims and liabilities to which the village officer has or will become subject by reason of a claim or liability allegedly arising out of an action occurring within the scope of the officers duties, whether or not the village officer continues to be a village officer at the time of the claim or liability. C. Criteria for Determining if Action within Scope of Duties: In determining whether an action is within the scope of a village officers duties under this section, the following will be considered: 1. whether the conduct is the kind the village officer is employed or charged to perform; whether it occurred substantially within authorized time and space limits; and whether it was motivated, at least in part, by a purpose to serve the village.

2.

3.

D.

Additional Rights. 1. The rights of under this section shall be in addition to any other rights to which the village officer may otherwise be entitled to as a matter of law. Whenever the village provides legal defense services under this section, as a condition of such defense, the village may assume exclusive control over the representation of such village officer; provided, however, that any village officer may at any time, at his or her option, take control over the representation by waiving all rights to all or part of the indemnification and rights to payment for legal defense services under this section. If the village attorney or other attorney assigned by the village determines that a settlement offer is reasonable and the village agrees in writing that it would fund such settlement, and the village officer refuses to settle, the village will continue to defend and/or indemnify the village officer; however, the extent of the village's liability for indemnity or legal defense services will then be limited to the amount of such settlement offer which the village would have accepted.

2.

3.

E.

Exceptions: The village's undertaking pursuant to this section shall not apply to the provision of defense or indemnification to: 1. any village officer in any investigation, claim, action, or proceeding instituted by the village against the officer; any village officer that fails to notify the village in writing within 14 days after service of a claim, demand, notice, summons or other

2.

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FINAL VERSION FOR APPROVAL - 3/22/2012

process upon the village officer for which the village may provide for defense; and 3. any village officer that fails or refuses to cooperate with the village in good faith with respect to any claim or liability, which includes but is not limited to providing necessary documents, objects or other tangible things, and participating in necessary physical or mental examinations.

Notwithstanding anything stated herein limiting any indemnification or defense, the village may elect to authorize indemnification or defense if the corporate authorities determine that justice would be served. CHAPTER 7 VILLAGE CLERK 1-7-1 ELECTION; TERM; OATH; BOND The village clerk shall be elected and serve for a four (4) year term and until the clerks successor is elected and qualified, as provided by statute. The clerk shall take an oath or affirmation of office and shall execute and deliver to the village a bond in accordance with section 1-8A-7 of this code. 1-7-2 A. POWERS AND DUTIES Signatures: The village clerk shall seal and attest all contracts of the village and all licenses, permits and such other documents as shall require this formality. Money Collected: The clerk shall turn over all money received by the clerk on behalf of the village to the collector promptly upon receipt of the same, and with such money he shall give a statement as to the source thereof. Minutes. The clerk shall be responsible for taking and keeping all minutes of the meetings of the corporate authorities. Records: In addition to the record of ordinances and other records which the clerk is required by statute to keep, the clerk shall keep a register of all licenses and permits issued, the payment thereon, a record showing all of the officers and regular employees of the village and such other records as may be required by the board of trustees. Custodian Of Seal: The clerk shall be the custodian of the village seal and shall affix its impression on documents whenever this is required. Documents: The clerk shall be the custodian of all documents belonging to the village which are not assigned to the custody of some other officer.

B.

C.

D.

E.

F.

17

FINAL VERSION FOR APPROVAL - 3/22/2012

G.

Indices: The clerk shall keep and maintain a proper index to all documents and records kept by the clerk, so that ready access thereto and use thereof may be had. Additional Duties: In addition to the duties herein provided, the clerk shall perform such other duties and functions as may be required by statute or ordinance. SALARY

H.

1-7-3

The clerk shall receive the sum of seventy five dollars ($75.00) for each board and special meeting of the village board attended by the clerk. Meetings that are concurrent on the same date will be deemed to be one meeting, and the clerk will receive the total sum of $75.00 for the date regardless of how many meetings or what type of meetings are held and attended by the clerk. The clerk shall also receive a salary in the amount of $150.00 per month for performance of the duties set forth in this chapter 7, including the preparation of minutes of the meetings of the village board. 1-7-4 DEPUTY VILLAGE CLERK The mayor, with the advice and consent of the village board, may appoint one or more deputy village clerks. The powers and duties of such deputy village clerks shall be as delegated by the village clerk. CHAPTER 8 OFFICERS AND EMPLOYEES ARTICLE A. GENERALLY 1-8A-1 EFFECT The provisions of this Article shall apply alike to all officers and employees of the village, regardless of the time of creation of the office or position or the time of appointment of the officer or employee. 1-8A-2 APPOINTMENT OF OFFICERS AND HIRING, REVIEW, DISCIPLINE AND TERMINATION OF EMPLOYEES: A. Village Officers. All officers other than elective officers shall be appointed by the mayor with the advice and consent of the board of trustees. Removal of village officers shall follow the procedure set forth in 65 ILCS 5/3.1-35-10, unless otherwise provided by statute. Village Employees. Except for (1) department heads; (2) matters covered within any applicable collective bargaining agreement; and (3) matters under the jurisdiction of the Island Lake Fire and Police Commission, the department heads shall have responsibility for hiring and termination decisions, as well as disciplinary actions such as warnings and suspensions with or without pay, for employees in their respective departments; provided, however, that department heads shall report to the corporate authorities any hiring, termination, or

B.

18

FINAL VERSION FOR APPROVAL - 3/22/2012

suspension decision within three days of that decision. The corporate authorities shall retain authority over employee salary, bonus, and other compensation decisions. C. Department Heads. The heads of the finance department, building department, and public works department shall be hired and terminated by the mayor with the advice and consent of the board of trustees. The department heads are not appointed village officers. TERMS OF OFFICE; VACANCIES Every appointed officer of the village shall hold office until May 1 following the officers appointment or until the officers successor is appointed and qualified, unless it is otherwise provided by ordinance or statute. Vacancies in an appointed office shall be filled in the same manner in which appointments or selections are made, in the absence of provisions in this ordinance or state law to the contrary. 1-8A-4 MONIES RECEIVED Every officer of the village shall, at least once each month or more often if so required, turn over all money received by him in his official capacity, to the clerk or Collector with a statement showing the source from which the same was received. 1-8A-5 OATHS Every officer of the village shall, before entering upon his duties, take the oath of office prescribed by Statute. 1-8A-6 SALARIES All officers and employees of the village shall receive such salaries as may be from time to time provided by ordinance or resolution. 1-8A-7 BOND Every officer and employee shall, if required by the board of trustees or state statute, upon entering upon the duties of office, give a bond in such amount and with such sureties as may be determined by the board or statute, conditioned upon the faithful performance of the duties of the office or position. 1-8A-8 ASSIGNMENT OF DUTIES The mayor and board of trustees shall have the power to assign to any appointive officer any duty which is not assigned by ordinance to some other specific officer and shall determine disputes or questions relating to the respective powers or duties of officers. 1-8A-9 A. POWERS AND DUTIES Records: All records and books kept by any officer of the village shall be open to inspection by the mayor, or any member of the board of trustees at all

1-8A-3

19

FINAL VERSION FOR APPROVAL - 3/22/2012

reasonable times, whether or not such records or books are required to be kept by statute or ordinance. B. Arrests: The mayor, members of the board of trustees, as well as every member of the police department, are hereby declared to be conservators of the peace with such powers to make arrests as are given to conservators of the peace by statute; provided, however, that to qualify as a conservator of the peace, an individual must first have received a certificate attesting to the successful completion of a training course as required by 65 ILCS 5/3.1-15-25. TERMINATION OF OFFICE; DELIVERY OF BOOKS AND RECORDS

1-8A-10

Every officer and employee of the village, upon the expiration of his term for any cause whatsoever, shall deliver to his successor all books and records which may be the property of the village, and if no successor has been appointed within one week after the termination of office, such property shall be delivered to the village clerk or village treasurer. 1-8A-11 A. PROHIBITED ACTS Impersonation: It shall be unlawful for any person to impersonate, without lawful authority, any village officer or employee. Interference With Officers: It shall be unlawful to interfere with or hinder any officer or employee of the village while engaged in the duties of his office or employment. Penalty: Any person violating any provision of this section shall be subject to the penalty provisions of chapter 4 of title 1 of this code for each offense. PREVAILING WAGE RATE To the extent and as required by the state prevailing wage act, the general prevailing rate of wages in this locality for laborers, mechanics and other workers engaged in the construction of public works coming under the jurisdiction of the village is hereby ascertained to be the same as the current prevailing rate of wages for construction work in Lake and McHenry Counties as determined by the department of labor of the state of Illinois (the "department") from time-to-time, and as established on an annual basis by ordinance adopted by the board of trustees. Nothing herein is intended to apply or shall be construed to apply said prevailing rate of wages as herein ascertained to any work or employment performed on behalf of this village except public works construction to the extent required by the act. The village clerk shall publicly post or keep available for inspection by any interested party in the village hall this determination of prevailing rate of wages. A copy of this determination or of the current revised determination of prevailing rate of wages then in effect shall be attached to all contract specifications.

B.

C.

1-8A-12 A.

B.

C.

20

FINAL VERSION FOR APPROVAL - 3/22/2012

D.

By July 15 of each year, the village clerk shall file a certified copy of the ordinance codified herein with the secretary of state of Illinois in Springfield and with the Illinois department of labor. Within thirty (30) days after filing a certified copy of the ordinance codified herein with the secretary of state, the village clerk shall cause to be published in a newspaper of general circulation within the area a notice that this determination is effective and constitutes the determination of this public body. The village clerk shall mail a copy of the ordinance codified herein to any employer, to any association of employers, and to any person or association of employees who have filed their names and addresses requesting copies of any determination stating the particular rates and the particular class of workers whose wages will be affected by such rates. ARTICLE B. (Reserved)

E.

F.

ARTICLE C. VILLAGE ATTORNEY 1-8C-1 CREATION; APPOINTMENT There is hereby created the office of village attorney, an executive office of the village. The village attorney shall be appointed by the mayor, by and with the advice and consent of the board of trustees. 1-8C-2 SPECIAL COUNSEL The mayor, with the consent of the board of trustees may, from time to time, retain an attorney to represent or advise the village on legal matters if no village attorney has been appointed. The mayor may likewise retain special counsel to advise or represent the village on special matters or to assist the village attorney. 1-8C-3 A. POWERS AND DUTIES Suits and Actions: The village attorney shall prosecute or defend any and all suits or actions at law or equity to which the village may be a party, or in which it may be interested, or which may be brought against, or by, any officer of the village on behalf of the village or in the capacity of such person as an officer of the village. Judgments: It shall be the duty of the village attorney to see to the full enforcement of all judgments or decrees entered in favor of the village, and of all similar interlocutory orders. Advice: The village attorney shall be the legal advisor of the village and shall render advice on all legal questions affecting it, whenever requested to do so by

B.

C.

21

FINAL VERSION FOR APPROVAL - 3/22/2012

any village official. Upon request by the mayor or a majority of the board of trustees, the Attorney shall reduce any such opinion to writing. ARTICLE D. BUILDING INSPECTOR 1-8D-1 CREATION; APPOINTMENT There is hereby created the position of Building Inspector, who shall be appointed by the mayor, by and with the advice and consent of the board of trustees. 1-8D-2 A. POWERS AND DUTIES Generally: It shall be the duty of the Building Inspector to see to the enforcement of all ordinance provisions relating to building1 or zoning2 and to inspect all buildings or structures being constructed or altered, as frequently as may be necessary to insure compliance with the village ordinances. Ex-Officio Plumbing Inspector: The Building Inspector shall act as ex-officio Plumbing Inspector and shall have all the powers and perform all the duties connected with that office. Ex-Officio Electrical Inspector: The Building Inspector shall act as ex-officio Electrical Inspector and shall have all the powers and perform all the duties connected with the office. STOP ORDER A. The Building Inspector shall have the power to order all work stopped on construction, alteration or repair of buildings in the village when such work is being done in violation of any provision of any ordinance relating thereto or in violation of the Zoning Title. Work shall not be resumed after the issuance of such order except on the written permission of the Building Inspector; provided, however, that if the stop order is an oral one, it shall be followed by a written stop order within an hour. Such stop order may be served by any police officer. Penalty: Any person who shall continue to work in violation of a stop order of the Building Inspector shall be subject to the penalty provisions of chapter 4 of title 1 of this code for each offense. ARTICLE E. VILLAGE COLLECTOR 1-8E-1 CREATION AND APPOINTMENT There is hereby created the office of village collector. The mayor, with the advice and consent of the village board, may appoint the clerk or some other person to perform all of the duties of the collector at such a salary as shall be established from time to time by the village board. The collector shall keep accounts showing all money received by the

B.

C.

1-8D-3

B. C.

22

FINAL VERSION FOR APPROVAL - 3/22/2012

clerk, the source and disposition thereof and such other accounts as may be required by statute or ordinance. ARTICLE F. LEGISLATIVE COUNSEL 1-8F-1 LEGISLATIVE COUNSEL The village trustees are authorized to retain legislative counsel to advise the trustees on matters relating to their legislative duties such as the drafting of ordinances, opinions on the powers of the legislative branch, and providing other advice on matters within the purview of the legislative branch of municipal government. trustees may seek legal counsel regarding any matters within the range of items specified above. The legislative counsel will indicate on their invoices the trustee who initiated the contact with them and will also provide a general description of the services provided. The legislative counsel shall be retained as an independent contractor at a rate authorized by the village board for a term in excess of one year but not exceeding the term of the mayor. No department or office of legislative counsel is hereby created. CHAPTER 9 MISCELLANEOUS PROVISIONS 1-9-1 ELECTIONS Elections for Municipal offices shall be held as provided by Statute and at the time prescribed by Statute. 1-9-2 A. SURETY BONDS In the absence of any provision by ordinance to the contrary, whenever a bond to indemnify the village is required as a prerequisite to exercising the duties of any office or position, or to the issuance of a license or permit or for the exercise of any special privilege, the surety on such a bond shall be a corporation licensed and authorized to do business in the State. Whenever in its opinion additional sureties or an additional surety may be needed on any bond to indemnify the village against loss or liability because of the insolvency of the existing surety or sureties or for any other reason, the village may order a new surety or sureties to be secured for such bond. If such new surety or sureties are not procured within ten (10) days from the time such order is transmitted to the principal on the bond, or his assignee, the board shall declare the bond to be void and thereupon such principal or assignee shall be deemed to have surrendered the privilege or position as condition of which the bond was required.

B.

1-9-3

CORPORATE SEAL The Corporate Seal of the village shall be as follows:

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FINAL VERSION FOR APPROVAL - 3/22/2012

A circular disc, so designed as to impress the words "village of Island Lake, Lake-McHenry County, Illinois" on the periphery thereof and "village Seal" in the center. 1-9-4 FISCAL YEAR The fiscal year for the village shall begin on May 1 of each year and end on April 30 of the following year. CHAPTER 10 MUNICIPAL FINANCES (Reserved) CHAPTER 11 FREEDOM OF INFORMATION 1-11-1 REQUESTS FOR ACCESS TO RECORDS Requests for access to the records of the village are to be referred to the village's freedom of information act officer. The village board may designate one or more officials or employees to act as its freedom of information act officer. All requests for inspection or copies of public records must be submitted in writing in accordance with the village of Island Lake freedom of information act policy, which policy is available for inspection at the office of the village. CHAPTER 12 OFFICIAL COMPREHENSIVE PLAN 1-12-1 OFFICIAL COMPREHENSIVE PLAN ADOPTED The document attached to ordinance 1218-04, hereinafter referred to as the official comprehensive plan of the village of Island Lake, is hereby adopted as the official comprehensive plan of the village. CHAPTER 13 ETHICAL CONDUCT 1-13-1 DEFINITIONS For purposes of this chapter, the following terms shall be given these definitions: CAMPAIGN FOR ELECTIVE OFFICE: Any activity in furtherance of an effort to influence the selection, nomination, election, or appointment of any individual to any federal, state,

24

FINAL VERSION FOR APPROVAL - 3/22/2012

or local public office or office in a political organization, or the selection, nomination, or election of presidential or vice presidential electors, but does not include activities: a) relating to the support or opposition of any executive, legislative, or administrative action, b) relating to collective bargaining, or c) that are otherwise in furtherance of the person's official duties. CANDIDATE: A person who has filed nominating papers or petitions for nomination or election to an elected office, or who has been appointed to fill a vacancy in nomination, and who remains eligible for placement on the ballot at a regular election, as defined in section 1-3 of the election code. COLLECTIVE BARGAINING: Has the same meaning as that term is defined in section 3 of the Illinois public labor relations act. COMPENSATED TIME: With respect to an employee, any time worked by or credited to the employee that counts toward any minimum work time requirement imposed as a condition of his or her employment, but for purposes of this chapter, does not include any designated holidays, vacation periods, personal time, compensatory time off or any period when the employee is on a leave of absence. With respect to officers or employees whose hours are not fixed, "compensated time" includes any period of time when the officer is on premises under the control of the employer and any other time when the officer or employee is executing his or her official duties, regardless of location. COMPENSATORY TIME OFF: Authorized time off earned by or awarded to an employee to compensate in whole or in part for time worked in excess of the minimum work time required of that employee as a condition of his or her employment. CONTRIBUTION: Has the same meaning as that term is defined in section 9-1.4 of the election code3. EMPLOYEE: A person employed by the village of Island Lake, whether on a full time or part time basis or pursuant to a contract, whose duties are subject to the direction and control of an employer with regard to the material details of how the work is to be performed, but does not include an independent contractor. EMPLOYER: The village of Island Lake. GIFT: Any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an officer or employee. LEAVE OF ABSENCE: Any period during which an employee does not receive: a) compensation for employment, b) service credit towards pension benefits, and c) health insurance benefits paid for by the employer. OFFICER: A person who holds, by election or appointment, an office created by statute or ordinance, regardless of whether the officer is compensated for service in his or her official capacity. POLITICAL ACTIVITY: Any activity in support of or in connection with any campaign for
25

FINAL VERSION FOR APPROVAL - 3/22/2012

elective office or any political organization, but does not include activities: a) relating to the support or opposition of any executive, legislative, or administrative action, b) relating to collective bargaining, or c) that are otherwise in furtherance of the person's official duties. POLITICAL ORGANIZATION: A party, committee, association, fund, or other organization (whether or not incorporated) that is required to file a statement of organization with the state board of elections or a county clerk under section 9-3 of the election code, but only with regard to those activities that require filing with the state board of elections or a county clerk. PROHIBITED POLITICAL ACTIVITY: A. Preparing for, organizing, or participating in any political meeting, political rally, political demonstration, or other political event. Soliciting contributions, including, but not limited to, the purchase of, selling, distributing, or receiving payment for tickets for any political fundraiser, political meeting, or other political event. Soliciting, planning the solicitation of, or preparing any document or report regarding anything of value intended as a campaign contribution. Planning, conducting, or participating in a public opinion poll in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. Surveying or gathering information from potential or actual voters in an election to determine probable vote outcome in connection with a campaign for elective office or on behalf of a political organization for political purposes or for or against any referendum question. Assisting at the polls on election day on behalf of any political organization or candidate for elective office or for or against any referendum question. Soliciting votes on behalf of a candidate for elective office or a political organization or for or against any referendum question or helping in an effort to get voters to the polls. Initiating for circulation, preparing, circulating, reviewing, or filing any petition on behalf of a candidate for elective office or for or against any referendum question. Making contributions on behalf of any candidate for elective office in that capacity or in connection with a campaign for elective office. Preparing or reviewing responses to candidate questionnaires. Distributing, preparing for distribution, or mailing campaign literature, campaign signs, or other campaign material on behalf of any candidate for elective office or for or against any referendum question.
26

B.

C.

D.

E.

F.

G.

H.

I.

J. K.

FINAL VERSION FOR APPROVAL - 3/22/2012

L. M.

Campaigning for any elective office or for or against any referendum question. Managing or working on a campaign for elective office or for or against any referendum question. Serving as a delegate, alternate, or proxy to a political party convention. Participating in any recount or challenge to the outcome of any election.

N. O.

PROHIBITED SOURCE: Any person or entity who: A. Is seeking official action: 1) by an officer or 2) by an employee, or by the officer or another employee directing that employee; Does business or seeks to do business: 1) with the officer or 2) with an employee, or with the officer or another employee directing that employee; Conducts activities regulated: 1) by the officer or 2) by an employee, or by the officer or another employee directing that employee; or Has interests that may be substantially affected by the performance or nonperformance of the official duties of the officer or employee. PROHIBITED POLITICAL ACTIVITIES A. No officer or employee shall intentionally perform any prohibited political activity during any "compensated time", as defined herein. No officer or employee shall intentionally use any property or resources of the village of Island Lake in connection with any prohibited political activity. At no time shall any officer or employee intentionally require any other officer or employee to perform any prohibited political activity: 1) as part of that officer's or employee's duties, 2) as a condition of employment, or 3) during any compensated time off (such as holidays, vacation or personal time off). No officer or employee shall be required at any time to participate in any prohibited political activity in consideration for that officer or employee being awarded additional compensation or any benefit, whether in the form of a salary adjustment, bonus, compensatory time off, continued employment or otherwise, nor shall any officer or employee be awarded additional compensation or any benefit in consideration for his or her participation in any prohibited political activity. Nothing in this section prohibits activities that are permissible for an officer or employee to engage in as part of his or her official duties, or activities that are undertaken by an officer or employee on a voluntary basis which are not prohibited by this chapter.

B.

C.

D.

1-13-2

B.

C.

D.

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FINAL VERSION FOR APPROVAL - 3/22/2012

E.

No person either: 1) in a position that is subject to recognized merit principles of public employment or 2) in a position the salary for which is paid in whole or in part by federal funds and that is subject to the federal standards for a merit system of personnel administration applicable to grant in aid programs, shall be denied or deprived of employment or tenure solely because he or she is a member or an officer of a political committee, of a political party, or of a political organization or club. GIFT BAN

1-13-3 A.

Solicitation And Acceptance Of Gifts: Except as permitted by this section, no officer or employee, and no spouse of or immediate family member living with any officer or employee (collectively referred to herein as "recipients"), shall intentionally solicit or accept any gift from any "prohibited source", as defined herein, or which is otherwise prohibited by law or ordinance. No prohibited source shall intentionally offer or make a gift that violates this section. Exceptions: Subsection A of this section is not applicable to the following: 1. Opportunities, Benefits And Services: Opportunities, benefits, and services that are available on the same conditions as for the general public. Fair Market Value: Anything for which the officer or employee, or his or her spouse or immediate family member, pays the fair market value. Fundraising: Any: a) contribution that is lawfully made under the election code or b) activities associated with a fundraising event in support of a political organization or candidate. Education: Educational materials and missions. Travel Expenses: Travel expenses for a meeting to discuss business. Gifts From Relatives: A gift from a relative, meaning those people related to the individual as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, and including the father, mother, grandfather, or grandmother of the individual's spouse and the individual's fiance or fiancee. Gifts Of Friendship: Anything provided by an individual on the basis of a personal friendship unless the recipient has reason to believe that, under the circumstances, the gift was provided because of the official position or employment of the recipient or his or her spouse or immediate family member and not because of the personal friendship. In determining whether a gift is provided on the basis of personal friendship, the recipient
28

B.

2.

3.

4. 5. 6.

7.

FINAL VERSION FOR APPROVAL - 3/22/2012

shall consider the circumstances under which the gift was offered, such as: a) the history of the relationship between the individual giving the gift and the recipient of the gift, including any previous exchange of gifts between those individuals; b) whether to the actual knowledge of the recipient the individual who gave the gift personally paid for the gift or sought a tax deduction or business reimbursement for the gift; and c) whether to the actual knowledge of the recipient the individual who gave the gift also at the same time gave the same or similar gifts to other officers or employees, or their spouses or immediate family members. 8. Food: Food or refreshments not exceeding seventy five dollars ($75.00) per person in value on a single calendar day; provided that the food or refreshments are: a) consumed on the premises from which they were purchased or prepared or b) catered. For the purposes of this section, "catered" means food or refreshments that are purchased ready to consume which are delivered by any means. Benefits From Outside Business Activities: Food, refreshments, lodging, transportation, and other benefits resulting from outside business or employment activities (or outside activities that are not connected to the official duties of an officer or employee), if the benefits have not been offered or enhanced because of the official position or employment of the officer or employee, and are customarily provided to others in similar circumstances. Intragovernmental And Intergovernmental Gifts: For the purpose of this section, "intragovernmental gift" means any gift given to an officer or employee from another officer or employee, and "intergovernmental gift" means any gift given to an officer or employee by an officer or employee of another governmental entity. Inheritances: Bequests, inheritances, and other transfers at death. Items Less Than One Hundred Dollars: Any item or items from any one prohibited source during any calendar year having a cumulative total value of less than one hundred dollars ($100.00).

9.

10.

11. 12.

Each of the exceptions listed in this section is mutually exclusive and independent of every other. C. Disposition Of Gifts: An officer or employee, his or her spouse or an immediate family member living with the officer or employee, does not violate this chapter if the recipient promptly takes reasonable action to return a gift from a prohibited source to its source or gives the gift or an amount equal to its value to an appropriate charity that is exempt from income taxation under section 501(c)(3) of the internal revenue code of 1986, as now or hereafter amended, renumbered, or succeeded. ETHICS ADVISOR AND ADVISORY OPINIONS

1-13-4

29

FINAL VERSION FOR APPROVAL - 3/22/2012

A.

The mayor, with the advice and consent of the board of trustees, shall designate an ethics advisor for the village of Island Lake. The ethics advisor will be a member of the ethics commission. Upon the concurring vote of a majority of the corporate authorities of the village, after a complaint is filed by any party, or upon their own motion, the corporate authorities may request an advisory opinion of the ethics commission. The purpose of such advisory opinion shall be to provide guidance to the officers and employees of the village of Island Lake concerning the interpretation of or compliance with the provisions of this chapter, state ethics laws, village ordinances, and any other matters deemed appropriate by the corporate authorities, including all duties as may be delegated by the corporate authorities. An advisory opinion requested pursuant to this section shall be rendered in writing by the ethics commission and returned to the corporate authorities. A recommendation by the ethics commission shall require the concurrence of at least two (2) members of the commission. The ethics commission shall not have any power to enforce the recommendations of an advisory opinion or to refer the matter to anybody other than the corporate authorities for further action. If the ethics commission determines, after being referred a matter for an advisory opinion, that there are no disputed issues of material fact that would prevent the advisor or the commission from rendering an advisory opinion in a summary matter, then upon such determination, no evidentiary hearing shall be held and the ethics commission shall forthwith render its summary opinion on the issue presented. Advisory opinions of the ethics commission are unenforceable and may be accepted or rejected or have no action taken thereon as the corporate authorities, in their discretion, may determine. ETHICS COMMISSION

B.

C.

1-13-5 A.

Commission Created: There is hereby created a commission to be known as the ethics commission of village of Island Lake. The commission shall be comprised of three (3) members appointed by the mayor with the advice and consent of the board of trustees. No person shall be appointed as a member of the commission who is related, either by blood or by marriage up to the degree of first cousin, to any elected officer of the village of Island Lake. Terms: At the first meeting of the commission, the initial appointees shall draw lots to determine their initial terms. Two (2) commissioners shall serve two (2) year terms, and the third commissioner shall serve a one year term. Thereafter, all commissioners shall be appointed to two (2) year terms. Commissioners may be reappointed to serve subsequent terms. At the first meeting of the commission, the commissioners shall choose a chairperson from their number. Meetings shall be held at the call of the chairperson or any two (2) commissioners. A quorum shall consist of two (2) commissioners, and official action by the commission shall require the affirmative vote of two (2) members. Removal From Office: The mayor, with the advice and consent of the board of trustees, may remove a commissioner in case of incompetency, neglect of duty or malfeasance in office after service on the commissioner by certified mail,

B.

C.

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FINAL VERSION FOR APPROVAL - 3/22/2012

return receipt requested, of a copy of the written charges against the commissioner and after providing an opportunity to be heard in person or by counsel upon not less than ten (10) days' notice. Vacancies shall be filled in the same manner as original appointments. D. Powers And Duties: The commission shall have the following powers and duties: 1. To promulgate procedures and rules governing the performance of its duties and the exercise of its powers. Upon receipt of a signed, notarized, written complaint, to investigate, conduct hearings and deliberations, issue recommendations for disciplinary actions, impose fines in accordance with subsection 1-13-6C of this chapter and refer violations of section 1-13-2 or 1-13-3 of this chapter to the appropriate attorney for prosecution. The commission shall, however, act only upon the receipt of a written complaint alleging a violation of this chapter and not upon its own prerogative. To receive information from the public pertaining to its investigations and to require additional information and documents from persons who may have violated the provisions of this chapter. To compel the attendance of witnesses and to compel the production of books and papers pertinent to an investigation. It is the obligation of all officers and employees of the village of Island Lake to cooperate with the commission during the course of its investigations. Failure or refusal to cooperate with requests by the commission shall constitute grounds for discipline or discharge. The powers and duties of the commission are limited to matters clearly within the purview of this chapter.

2.

3.

4.

5.

E.

Complaints: 1. Complaints alleging a violation of this chapter shall be filed with the ethics commission. Within three (3) business days after the receipt of a complaint, the commission shall send by certified mail, return receipt requested, a notice to the respondent that a complaint has been filed against him or her and a copy of the complaint. The commission shall send by certified mail, return receipt requested, a confirmation of the receipt of the complaint to the complainant within three (3) business days after receipt by the commission. The notices to the respondent and the complainant shall also advise them of the date, time, and place of the meeting to determine the sufficiency of the complaint and to establish whether probable cause exists to proceed. Upon not less than forty eight (48) hours' public notice, the commission shall meet to review the sufficiency of the complaint and, if the complaint
31

2.

3.

FINAL VERSION FOR APPROVAL - 3/22/2012

is deemed sufficient to allege a violation of this chapter, to determine whether there is probable cause, based on the evidence presented by the complainant, to proceed. The meeting may be closed to the public to the extent authorized by the open meetings act. The commission shall issue notice to the complainant and the respondent of the commission's ruling on the sufficiency of the complaint and, if necessary, on probable cause to proceed within seven (7) business days after receiving the complaint. If the complaint is deemed sufficient to allege a violation of section 1-13-3 of this chapter and there is a determination of probable cause, then the commission's notice to the parties shall include a hearing date scheduled within four (4) weeks after the complaint's receipt. Alternatively, the commission may elect to notify in writing the attorney designated by the board of trustees to prosecute such actions and request that the complaint be adjudicated judicially. If the complaint is deemed not sufficient to allege a violation or if there is no determination of probable cause, then the commission shall send by certified mail, return receipt requested, a notice to the parties of the decision to dismiss the complaint, and that notice shall be made public. If the complaint is deemed sufficient to allege a violation of section 1-13-2 of this chapter, then the commission shall notify in writing the attorney designated by the mayor and board of trustees to prosecute such actions and shall transmit to the attorney the complaint and all additional documents in the custody of the commission concerning the alleged violation. 4. On the scheduled date and upon at least forty eight (48) hours' public notice of the meeting, the commission shall conduct a hearing on the complaint and shall allow both parties the opportunity to present testimony and evidence. The hearing may be closed to the public only if authorized by the open meetings act. Within thirty (30) days after the date the hearing or any recessed hearing is concluded, the commission shall either: a) dismiss the complaint or b) issue a recommendation for discipline to the alleged violator and to the mayor, or impose a fine upon the violator, or both. The particular findings in the case, any recommendation for discipline, and any fine imposed shall be a matter of public information. If the hearing was closed to the public, the respondent may file a written demand for a public hearing on the complaint within seven (7) business days after the issuance of the recommendation for discipline or imposition of a fine, or both. The filing of the demand shall stay the enforcement of the recommendation or fine. Within fourteen (14) days after receiving the demand, the commission shall conduct a public hearing on the complaint upon at least forty eight (48) hours' public notice of the hearing and allow both parties the opportunity to present testimony and evidence. Within seven (7) days thereafter, the commission shall publicly issue a final

5.

6.

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FINAL VERSION FOR APPROVAL - 3/22/2012

recommendation to the alleged violator and to the mayor or impose a fine upon the violator, or both. 7. If a complaint is filed during the sixty (60) days preceding the date of any election at which the respondent is a candidate, the commission shall render its decision as required under subsection E5 of this section within seven (7) days after the complaint is filed, and during the seven (7) days preceding that election, the commission shall render such decision before the date of that election, if possible. A complaint alleging the violation of this chapter must be filed within one year after the alleged violation.

8.

1-13-6 A.

PENALTIES A person who intentionally violates any provision of section 1-13-2 of this chapter may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty four (364) days, and may be fined in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code. A person who intentionally violates any provision of section 1-13-3 of this chapter is subject to a fine in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code. The commission may fine any person who knowingly files a frivolous complaint alleging a violation of this chapter in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code. The commission may recommend any appropriate discipline up to and including discharge. Any person who intentionally makes a false report alleging a violation of any provision of this chapter to the local enforcement authorities, the state's attorney or any other law enforcement official may be punished by a term of incarceration in a penal institution other than a penitentiary for a period of not more than three hundred sixty four (364) days, and may be fined in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code. A violation of section 1-13-2 of this chapter shall be prosecuted as a criminal offense by an attorney for the village of Island Lake by filing in the circuit court an information, or sworn complaint, charging such offense. The prosecution shall be under and conform to the rules of criminal procedure. Conviction shall require the establishment of the guilt of the defendant beyond a reasonable doubt. A violation of section 1-13-3 of this chapter may be prosecuted as a quasicriminal offense by an attorney for the village of Island Lake, or, if an ethics commission has been created, by the commission through the designated administrative procedure. In addition to any other penalty that may be applicable, whether criminal or civil, an officer or employee who intentionally violates any provision of section 1-13-2
33

B.

C.

D.

E.

F.

G.

FINAL VERSION FOR APPROVAL - 3/22/2012

or 1-13-3 of this chapter is subject to discipline or discharge to the extent permitted by law.

CHAPTER 14 CREDIT OR DEBIT CARD PAYMENT 1-14-1 DEFINITIONS AUTHORIZED OBLIGATION: In connection with the village, any fine (noncourt related), fee, charge, tax, or cost imposed by, owing to, or collected by or on behalf of the village. CREDIT CARD: Any instrument or device, whether known as a credit card, bank card, charge card, debit card, automated teller machine card, secured credit card, smart card, electronic purse, prepaid card, affinity card, or by any other name, issued with or without fee by an issuer for the use of the holder to obtain credit, money, goods, services, or anything else of value. 1-14-2 A. ACCEPTANCE FOLLOWING ELECTION Following election of the village (by approval of this chapter) to accept credit card payments for authorized obligations, the village may enter into agreements with one or more financial institutions or other service providers to facilitate the acceptance and processing of credit card payments. Said agreements shall conform with the requirements of 50 ILCS 345/20(a) and are subject to cancellation by the village upon giving the proper notice of intent to cancel. The village may pay the amounts due a financial institution or other service provider by paying upon receipt of the invoice or by allowing the financial institution or other service provider to withhold the amount of the fees from the credit card payment. RELIEF FROM THE UNDERLYING OBLIGATION Any person who makes a credit card payment to the village for an authorized obligation as provided herein shall not be relieved from liability of the authorized obligation except to the extent that the village realizes final payment of the authorized obligation in cash or the equivalent. If the credit card payment is made by some party other than the credit card issuer or guarantor of payment in the credit card transaction, then the authorized obligation shall survive and the village shall retain all remedies of law for enforcement of said authorized obligation. 1-14-4 LIABILITY OF VILLAGE'S EMPLOYEES No village employee who accepts payment by credit card in accordance with this chapter shall incur any personal liability for the final collection of the payment. CHAPTER 15

B.

1-14-3

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DEPOSITS REQUIRED FOR DEVELOPERS AND OTHERS 1-15-1 PAYMENT AND REIMBURSEMENT Property owners, petitioners and others seeking village plan approval ("applicants") pay and reimburse the village for any and all administrative expenses, special meeting costs and any and all fees, costs, salaries or compensation incurred by the village or charged to the village by retained personnel or an outside consultant for work in connection with the proposed subdivision of land, development of land, construction of land or any other project or plan review where the village is charged fees, and shall enter into a written agreement, if requested. "Retained personnel" shall be defined as any engineer, attorney, planner, plan or code reviewer, architect, surveyor, traffic or ordinance consultant, economist, or other technical professional, consultant or expert paid or retained by the village to assist or advise the village, directly or indirectly, in connection with any aspect of a proposed subdivision of land, development upon land, or construction of land in the village 1-15-2 DEPOSIT The applicant shall deposit with the village clerk at the time of application a sum in the amount set forth in the annual fee ordinance schedule contained in section 1-16-3 of this code which has been calculated on the basis of the amount of territory to be subdivided, developed or constructed to be used toward defraying aforesaid expenses, costs, fees, salaries and compensation. 1-15-3 SECURITY The deposit shall act as security to guarantee all expenses will be paid on a timely basis. 1-15-4 STAFF REVIEW OR MEETING There shall be no staff review or meetings by or with any village officials or retained personnel or consultants until such time as the retained personnel deposit has been made. 1-15-5 ESCROW ACCOUNT Said funds shall be deposited and maintained in a separate developer escrow account, separate and apart from the general funds of the village; provided, however, said funds may be commingled with other developer deposits in a single bank account with separate accounting of each applicant's funds. Interest on any such account or funds shall accrue to the village. 1-15-6 DISBURSEMENT OF FUNDS The finance director shall, upon payment by the village of any fees or costs related to the review, evaluation or processing of the application, promptly reimburse the village for said payment from the pertinent deposit, and shall render an accounting regarding same to the applicant. The village's payment of any such fees or costs shall be conclusive

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FINAL VERSION FOR APPROVAL - 3/22/2012

evidence that such payment was due, is for services actually rendered, and is a reasonable amount to be paid for such services. 1-15-7 REPLENISHING ACCOUNT Whenever said funds shall have been disbursed, so as to reduce the funds on account to or below the minimum balance described in section 1-15-2 of this chapter, the finance director or village treasurer shall notify the applicant that the account must be replenished to the initial required amount, and the applicant shall, not more than fifteen (15) days later, make a deposit with the village treasurer or finance director to so replenish the funds. If the applicant shall fail to replenish the account upon such written notice, the village shall cease work on and processing of the subject application until such time as such additional deposit has been received, unless otherwise agreed by the village board. 1-15-8 EXCEPTIONS The village board may, in its sole discretion, considering the size and complexity of the proposed development: A. Require a larger initial deposit, and/or set a higher minimum balance at which the account shall be replenished; and Reduce the amount of the initial deposit, and/or reduce the minimum balance at which the account shall be replenished. BALANCE TO BE RETURNED After payment of all reimbursements due to the village, any balance remaining on account of the applicant shall be returned to the applicant. 1-15-10 RIGHT OF SET OFF

B.

1-15-9

The village shall set off any unpaid past due account of any applicant against a new deposit by the same or an affiliated applicant. If the new account falls below the initial deposit set forth in section 1-15-2 of this chapter, the applicant shall replenish the account to the full amount before any work is done by the village. CHAPTER 16 ANNUAL FEE ORDINANCE 1-16-1 PURPOSE

The purpose of this chapter is to conveniently locate within one chapter of the Island Lake village code all fees, fines, and penalties of the village. 1-16-2 CONFLICT

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FINAL VERSION FOR APPROVAL - 3/22/2012

The provisions of this chapter supersede any provision of this code or ordinance or resolution of the village board which is inconsistent with this chapter. To the extent fees or penalties are imposed by other provisions of this code or by ordinance or resolution of the village board and such fee or penalty is not also provided for in this chapter, then such other provisions apply notwithstanding this section.

1-16-3

SCHEDULE OF FEES, FINES, AND PENALTIES

Corresponding section of the Island Lake village code Sec. 1-4-1

Description General Penalty

Amount Not less than $35.00 and not more than $750.00, except as expressly provided otherwise in this code. Not to exceed $2,500.00

Sec. 1-13-6A

Sec. 1-13-6B

Penalty for violation of Prohibited Political Activities Regulations (Sec. 1-13-2) Penalty for violation of Gift Ban Regulations (Sec. 1-13-3) Penalty for filing a frivolous ethics complaint Penalty for filing a false ethics complaint Developer Deposit

Not less than $1,001.00 and not more than $5,000.00 Not less than $1,001.00 and not more than $5,000.00 Not to exceed $2,500.00

Sec. 1-13-6C

Sec. 1-13-6D

Sec. 1-15-2

Acreage

Initial Deposit

Minimum Balance $1,000.00 5,000.00 5,000.00 10,000.00 10,000.00 10,000.00

Up to 5 6-25 26-10 101-200 201-400 401 plus Sec. 3-1-1F4F Violation of Municipal Utility Tax Provisions Annual Liquor License Fees

$3,000.00 10,000.00 15,000.00 25,000.00 40,000.00 50,000.00

Not less than $100.00 nor more than $750.00 Class A AA B C SE Initial Fee and Renewal Fee $1,500.00 1,500.00 1,500.00 1,000.00 $25.00/event $1,500.00 1,500.00 1,500.00 1,000.00 N/A

Sec. 3-2-4-4B

Sec 3-2-4B3 Sec 3-2-4B3

Liquor License Application Fee Background Check Fee

Initial Fee: $250.00 Reapplication Fee: $100.00 $100.00 (each background check after the

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Sec. 3-2-8E

Penalty for Violation of Social Hosting Regulations Penalty for Violation of Liquor Regulations Sexually Oriented Business Application and Investigation Fee Sexually Oriented Business License Fee Sexually Oriented Business Employee Application, Investigation, and License Fee Penalty for Violation of Sexually Oriented Business Regulations Solicitation Fee

Sec. 3-2-9 Sec. 3-3-9A & B

first check) First offense: $500.00 - $750.00 Each subsequent offense: not less than $750.00 Not less than $500.00 for each violation and not more than $1,000.00 Initial Fee: $5,000.00 Renewal Fee: $2500.00 $1,500.00 Initial Fee: $250.00 Renewal Fee: $200.00 $750.00

Sec. 3-3-9C Sec. 3-3-9D & E

Sec. 3-3-16

Sec. 3-4-3F

Basic fee (per 3 day permit): $500.00 Additional fee for each solicitor (per 3 day permit): $200.00. Notwithstanding the above, no permit fee shall be required for a governmental entity or an organization that provides evidence to the village of registration with the state of Illinois as a non-profit organization. Annual Fee: $100.00 per device Temporary License Fee: $200.00 per device $35.00 per sign Not to exceed $750.00 for each offense. Not to exceed $750.00 for each day of a material breach, and not to exceed $25,000.00 for each occurrence of a material breach per customer Type Of License Fee

Sec. 3-5-4A

Coin Operated Amusement License Fee

Sec. 3-6-3B6 Sec. 3-7-8 Sec. 3-10B-3

Violation of Garage Sale Sign Limitations Violation of Raffle Regulations Penalties for Violation of the Cable and Video Protection Law

Sec. 3-11-14

Contractor License Fee

General Contractor $75.00 Carpenter 25.00 HVAC Contractor 25.00 Excavation Contractor 35.00 Concrete/paving Contractor 35.00 Fence Contractor 25.00 Roofing Contractor 25.00 Drywall Contractor 25.00 Electrician 25.00 Sewer, water, utility Contractor 50.00 Mason 25.00 Structural Steel Contractor 50.00 Other Contractor 50.00

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Sec. 4-1-1B Sec. 4-1-2C Sec. 4-1-2E

Sec. 4-4-8D Sec. 4-4-8E Sec. 4-4-9A1

Street Contractor Bond Permit Fee Excavation Contractor Permit Fee Street Opening Security Deposit (refundable at completion of project) Meter Testing Fee Water Shutoff Fee Water Reinstatement Fee Water Connection Fee (To be adjusted annually for CPI)

$25.00 $50.00 $10.00 for each square foot of opening

$100.00 $50.00 $50.00 Size Of Pipe

Fee

1 or smaller $6,505.83 1 1/4 $9,758.74 1 $12,212.31 2 $20,316.84 Larger than 2 $20,316.84 (plus $2,210.00 per inch increase beyond 2) $6,505.83, plus applicable connection fee in section 4-4-9A1

Sec. 4-4-9A2

Additional Water Connection Charges for Multi-Family, Hotel, Motel, or Dormitory Buildings Water Availability Charges

Sec. 4-4-9B1

Size Of Pipe

Fee (per quarter)

Res 1 or smaller $24.00 Comm. 1 $62.00 Comm. 1 $100.00 Comm. 2 $138.00 Comm. Larger than 2 $195.00 Sec. 4-4-9B4 Water Service Charges Rate code Quarterly Min. Per 1,000 gal. R1 C2 C3 C4 C5 C6 C7 Sec. 4-4-9D Sec. 4-4-9F Sec. 4-4-9G1 Sec. 4-4-9G2 Sec. 4-4-10C Sec. 4-4-10C Sec. 4-4-10C Fee to Discontinue Water Service Service Call Charge Temporary Water Meter Rental Charge Temporary Water Setup and Administrative Charge Red Tag Notice Fee Water Shutoff Fee Water Reconnection Fee $50.00 $100.00 per hour $5.00 per day $40.00, plus $3.70 per 1,000 gallons used $35.00 $35.00 $50.00 $24.00 $62.00 $100.00 $138.00 $195.00 $138.00 $195.00 $3.70 $3.70 $3.70 $3.70 $3.70 $3.70 $3.70

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Sec. 4-4-10D Sec. 4-4-11K Sec. 4-5-15 Sec 4-5-17H Sec. 4-6-5

Additional Lien Fee Equipment Damage Fee Contamination Reconnection Fee Penalty for Violation of CrossConnection Regulations Penalty for Violation of Beach Regulations

$75.00 $500.00 per violation $500.00 Not less than $100.00 nor more than $750.00 for each offense First Offense: Not less than $10.00, nor more than $100.00 Each Subsequent Offense: Not less than $25.00, nor more than $200.00 $200.00 First Offense: Not less than $75.00 nor more than $100.00 Each Subsequent Offense: Not less than $10.00 nor more than $500.00

Sec. 4-10-4F Sec. 5-1B-4

Right of Way Utility Construction Application Fee Penalty for Violation of Open Burning Regulations

Sec. 5-2-6B

Garbage Collection Service Charge Penalty for Violation of Weed Control Regulations Animal Impoundment Fee Penalty for Violation of Criminal Offenses Penalty for Violation of Curfew Regulations Penalty for Violation of Parental Responsibility Regulations False Alarm Service Charge

Sec. 5-3-3 Sec. 6-4-10B Sec. 6-5-28 Sec. 6-6-1D Sec. 6-6-2E

$49.00 per quarter, except for those eligible for 20% senior discount under section 5-2-6C Not less than $200.00 $25.00 per day. Not less than $50.00 nor more than $750.00 Not less than $50.00 nor more than $750.00 Not less than $50.00 nor more than $750.00 Second and Third False Alarms: $100.00 Subsequent Offenses within any 12 month period: $250.00 $250.00 Not less than $1,250.00 and not more than $2,500.00

Sec. 6-7-5A

Sec. 6-7-5A2 Sec. 7-1-2A

Sec. 7-2-3A

Alarm Reconnection Charge Penalty for Driving Under the Influence and/or Driving While a License is Revoked or Suspended Vehicle Sticker Fees

Type of Vehicle Passenger vehicle for private use and trucks of less than 1 ton capacity Freight or merchandise carrying vehicles or trucks over 1 ton capacity Motorcycles Motor Scooters Public passenger vehicles with capacity over 7 persons (motor buses)

Fee

$25.00

$27.50 $18.75 $18.75

$40.00

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Public passenger vehicles having capacity of 7 persons or less Others Sec. 7-2-3B Additional Fee for Failure to Purchase Vehicle Sticker, in addition to license fee Senior Citizen Vehicle Sticker Fee Penalty for Violation of Abandoned or Inoperable Vehicle Regulations Penalty for Violation of Vehicle Size, Weight, and Load Restrictions Boating Sticker Fee, Resident $25.00

$21.25 $33.75

Sec. 7-2-3C Sec. 7-3-20

$6.25 First Offense: Not less than $35.00 for the first offense Second Offense: $70.00 Subsequent Offenses: $150.00 Not less than $100.00 nor more than $750.00 $18.75 for the first boat $12.50 for each additional boat $37.50 for each boat $6.25 Not less than $200.00 nor more than $750.00 Not less than $100.00 nor more than $750.00 $250.00 Not less than $250.00 New building: First 1,000 s.f. Second 1,000 s.f. Each s.f. over 2,000

Sec. 7-4-2D

Sec. 7-5-1B1

Sec. 7-5-1B1 Sec. 7-5-1B2 Sec. 7-5-5K Sec. 7-7-4A

Boating Sticker Fee, Nonresident Senior Citizen Boating Sticker Fee Penalty for Violation of Horsepower Restrictions Penalty for Violation of Parking Regulations Penalty for Violation of Disabled Parking Regulations Penalty for Driving without a Valid Safety Sticker Building Permit Fee Schedule (Business, Public Buildings, Commercial, Storage, Etc.)

Sec. 7-7-5B Sec. 7-12-6 Sec. 8-1-3C

$0.75 s.f. $0.50 s.f. $0.30 s.f.

Garage or parking structure: First 1,000 s.f. $0.35 s.f. Each s.f. over 1,000 $0.25 s.f. Accessory building $0.06 s.f. ($25.00 min)

Alterations or remodeling: Conversion or change in use, $1.00 per all building or structure to $100 of cost include siding repairs, etc ($10.00 min) Building inspection fees: For each addl inspection After the first add Other building permit fees: Electrical new bldg up $75.00 $50.00

$200.00

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Sec. 8-1-3C

Building Permit Fee Schedule (Residential Single-Family Family) Construction, and Multiple

plus $20.00 per each addl 100 amp Electrical additions to $50.00 Heating $50.00 Plumbing new or additions $50.00 For each addl fixture add $8.00 Central air conditioning $50.00 Signs and sign structures: Under 15 s.f. in area $20.00 Over 15 s.f. in area $20.00 Plus, per s.f. $0.25 Sign inspection fee $25.00 Temporary signs $25.00 Demolition $50.00 Driveways $40.00 Parking lot $1.00 per $100 of cost ($20 min) Building inspection fee $75.00 For each addl inspection after the first add $50.00 Temp bldgs & construction trailer fee $60.00 Deposit of up to $2,000 in cash, letter of credit or other form of financial guarantee acceptable to the village (per trailer) Certificate of occupancy: Commercial $100.00 Industrial $100.00 Each separate office, manufacturing or business within a building shall be considered a separate unit. Temporary occupancy permit $100.00 Temporary occupancy permit with a hold harmless agreement signed by the owner for any unfinished items of a minor or nonhazardous nature when approved only by the building department official. Activity Fee New construction, habitable space Basement or crawl space Garage or parking structure Accessory building Repairs

To 200 amp

Building inspection fee For each addl inspection After the first add Other building permit fees: Sea walls

$0.65 s.f. $0.35 s.f. $0.40 s.f. $0.06 s.f. ($25.00 min) $1.00 per $100.00 of cost ($10.00 min) $40.00 $25.00

$75.00

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Sec. 8-1-3C Sec. 8-1-3C

Plan Review Deposit Plan Review Fees

Piers docks $75.00 Fireplaces concrete, stone masonry, metal $25.00 Electrical new building $75.00 Electrical additions to $50.00 Heating $50.00 Plumbing new or additions $50.00 For each addl fixture add $8.00 Central air conditioning $50.00 Driveways $40.00 Structure removal demo dumpster permit $50.00 Swimming pools, spas & hot tubs $95.00 (Fees include pool, barrier, and electrical inspection) Residential inspection for smoke detectors, electrical & compliance letter $50.00 Fences: 0-260 linear feet $20.00 Over 260 linear feet $40.00 Roofs $40.00 Building inspection fee $40.00 For each addl inspection after the first add $25.00 Temporary buildings and construction trailer fee $60.00 (per trailer) Deposit of up to $2,000 in cash, letter of credit or other form of financial guarantee acceptable to the village (per trailer) Certificate of occupancy $70.00 (per dwelling unit) Temporary occupancy permit $50.00 Temporary occupancy permit with a hold harmless agreement signed by the owner for any unfinished items of a minor or nonhazardous nature when approved only by the building department official. $35.00 Development Fee Garages (detached and attached) 120-200 s.f. $65.00 (plus $.10 for each additional s.f. over 200 s.f.) Residential: $.10 per s.f. (min. fee for any structure $50.00) Commercial, Industrial, and Institutional: $.25 per s.f. (min. fee for any structure $150.00)

Sec. 8-1-3D

Permit Application Deposit

$25.00, or $5.00 for senior citizens

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Sec. 8-1-12D Sec. 8-1-12F Sec. 8-1-12K Sec. 8-2-2C

Vacant Property Inspection Fee Vacant Property Annual Registration Fee Penalty for Violation of Vacant Property Regulations Fence Permit Fee

$500.00 $200.00 Not less than $100.00 and not more than $750.00 per day per violation Fence Fee 0 - 260 linear feet Over 260 linear feet $500.00 $100.00 annually $10.00 $20.00

Sec. 8-4-4C Sec. 8-6-5 Sec. 8-8-11E Sec. 8-9-5

Landscaping Bond Deposit Commercial Swimming Pool License Fee Fill Permit Antenna Permit Fee

$25.00 Residential Antenna Fee: $10.00 Nonresidential Antenna Fee: $25.00 $25.00 Not less than $500.00 $75.00, plus inspection fee of $25.00 $100.00 annually $750.00 Houses and each apartment: $50.00 Hotel and motel rooms: $10.00 Studio apartments: $20.00 First reinspection: $25.00 Second reinspection: $50.00 $100.00 per caliper inch $100.00 per caliper inch $100.00 per caliper inch Size of Structure (square feet): o 200 to 1,000 -- $125.00 o 1,001 to 4,000 -- $175.00 o 4,001 and greater -- $250.00 Variation -- $500.00 Interpretation -- $250.00 Appeal -- $250.00 Text or Map Amendment -- $250.00 Planned Unit Development or Special Use Permit -- $500.00 for 10 acres or fraction thereof; plus $25.00 for each additional acre or fraction thereof above 10 acres

Sec. 8-10-8 Sec. 8-11-4C Sec. 8-11-4H Sec. 8-12-7O Sec. 8-12-12D Sec. 8-13-9A

Dock Permit Fee Violation for Beach Fill Shoreline Permit Gas Permit Penalty for Violation of Fire Protection Regulations Rental Inspection Fees

Sec. 8-14-2G2e Sec. 8-14-2G2f Sec. 8-14-2G2g Sec. 9-9-3D.2.m

Fee for failure to replace trees Tree Replacement Fee Fine for Tree Removal Zoning Ordinance, annual fee for temporary use permit for temporary structure accessory to business Zoning Ordinance, zoning application fees

Sec. 9-11-8D

Sec. 9-11-20E

Zoning Ordinance, sign permit fee

Permanent Signs that Require a Permit (square feet): o Less than 15 square feet in area -$20.00 o 15 square feet in area or greater --

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$20.00 plus .25 per square foot over 15 square feet Inspection fee - $25.00 Temporary Signs that Require a Permit -$10.00 Sec. 9-11-24 Zoning Ordinance, violations Not less than $25.00, nor more than $750.00, each day a violation exists shall be a separate and distinct offense; provided, however, that, if service of summons is made by certified mail pursuant to 65 ILCS 5/1-2-9.1, the maximum fine shall not exceed $200 for each offense $35.00 for the first lot or living unit and twenty dollars ($20.00) for each additional lot or living unit $200.00, or two percent (2%) of the estimated construction cost, whichever is greater, for each development. $200.00 per development or three percent (3%) of the estimated cost involved in the inspection procedure, whichever is greater Unit Size Fee Single Family (detached & attached) 2 bedroom 3 bedroom 4 bedroom $1,066.00 $3,317.00 $5,687.00

Sec. 10-1-3A

Administrative Fee

Sec. 10-1-3B

Engineering Review Fee

Sec 10-1-3C

Utility Inspection Fee

Sec. 10-3-10A2

School Impact Fee

Apartments/Condominium 2 bedroom 3 bedroom Sec. 10-3-10A3 Annexation Lag Time Fee Unit $1,066.00 $3,317.00 Fee

Projected Student Per Dwelling Unit

Single Family (detached) 2 bedroom 3 bedroom 4 bedroom 0.204 0.726 1.188 $1,066.00 $3,317.00 $5,687.00

Single Family (attached) 2 bedroom 0.174 3 bedroom 0.361 4 bedroom 0.649

$659.09 $1,367.42 $2,458.33

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FINAL VERSION FOR APPROVAL - 3/22/2012

Apartment/Condominium 2 bedroom 3 bedroom Sec. 10-3-10B Sec. 10-3-10C Sec. 10-3-10D Sec. 10-3-10E Sec. 10-4-1A Park Land and Open Space Impact Fee Library Impact Fee Municipal Impact Fee Lake Management Fee Annexation Fees 0.174 0..475 $659.09 $1,799.24

$1,000.00 per dwelling unit $266.00 per dwelling unit $2,500.00 per dwelling unit $500.00 per dwelling unit For territory up to 5 acres: $1,000.00 For territory 5 acres or greater: $1,000.00 plus $100.00 per acre for each acre in excess of 5 acres

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