===== PDF PAGE 95 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO PUBLIC AFFAIRS COMMITTEE AGENDA ITEM SUMMARY ITEM TITLE: Ordinance No, 20-O-0005 Amending Chapter 8, ARTICLE I- ADMINISTRATIVE ADJUDICATION SYSTEM of the West Chicago Code of Ordinances. AGENDA ITEM NUMBER: HE. COMMITTEE AGENDA DATE: April 27, 2020 COUNCIL AGENDA DATE: May 4, 2020 STAFF REVIEW: Michael Uplegger, Chief of Police SIGNATURE APPROVED BY CITY ADMINISTRATOR: Michael L. Guttman SIGNATURE ITEM SUMMARY: Staff would like to revise the City Code concerning the Administrative Adjudication System so that it matches State Statute. On July 1, 2020 the License to Work Act (Public Act 101-0623) takes effect. This Act repeals the Secretary of State’s authority to suspend a person’s driver’s license when the person has failed to pay 10 or more violations of a municipality’s or county’s vehicular standing, parking or compliance regulations established by Ordinance pursuant to Section 11-208.3 of the Illinois Vehicle Code. ACTIONS PROPOSED: Staff recommends adoption of Ordinance No.20-O-0005. COMMITTEE RECOMMENDATION: ===== PDF PAGE 96 ===== [Extraction: OCR (rendered-page OCR)] OFFICE OF THE SECRETARY OF STATE JESSE WHITE — Secretary of State March 2, 2020 As you are most likely aware, Public Act 101-0623, referred to as the License to Work Act, which takes effect on July 1, 2020 repeals the Secretary of State’s (SOS) authority to suspend a person’s driver’s license when the person has failed to pay 10 or more violations of a municipality’s or county’s vehicular standing, parking or compliance regulations established by ordinance pursuant to Section 11-208.3 of the Illinois Vehicle Code. As these suspensions do not take effect until 60-days after the SOS processes a certified report submitted by a municipality or county, as of May 1, 2020 the SOS will no longer accept certified reports requesting SOS to suspend a driver’s license for these unpaid violations. Additionally, all current driver’s license suspensions for unpaid standing, parking or compliance violations pursuant to 11-208.3 will be rescinded, effective July 1, 2020. If you have any questions regarding this process, please contact us at 217-785-9439 Driver Services Department Compliance & Support Section 2701 S. Dirksen Parkway Springfield, Il. 62723 ===== PDF PAGE 97 ===== [Extraction: OCR (rendered-page OCR)] ORDINANCE NO. 20-0-0005 AN ORDINANCE AMENDING CHAPTER 8, ARTICLE I, ADMINISTRATIVE ADJUDICATION SYSTEM, OF THE WEST CHICAGO CODE OF ORDINANCES WHEREAS, the City of West Chicago (hereinafter referred to as “City”) is a body politic and corporate, organized and existing pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1 ef seq.; and WHEREAS, the City is authorized and empowered, under the Illinois Municipal Code, 65 ILCS 5/11-20-5 to regulate for the public health; and WHEREAS, the City is authorized, pursuant to its police power, 65 ILCS 5/11-1-1, to carry out the powers delegated to it under its grants of authority; and NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of West Chicago, DuPage County, Illinois, as follows: Section |: That Chapter 8, Section 8.13, (Driver’s license suspension for unpaid parking violations) of the Code of Ordinances of the City of West Chicago be deleted, Section 2, That all ordinances and resolutions, or parts thereof, in conflict with the provisions of this Ordinance are, to the extent of such conflict, hereby repealed. Section 3. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form as provided by law. PASSED this 4" day of May 2020. Alderman J. Beifuss _ Alderman L. Chassee _ Alderman J, Sheahan ee Alderman H. Brown ee Alderman A, Hallett a Alderman Ferguson ee Alderman Birch Ferguson ———=. Alderman S, Dimas ee Alderman C, Swiatek — Alderman M. Garling —— Alderman R. Stout Alderman J, Short ee Alderman N, Ligino-Kubinski Alderman J. Jakabcsin ===== PDF PAGE 98 ===== [Extraction: OCR (rendered-page OCR)] APPROVED as to form: City Attorney APPROVED this 4" day of May 2020. Mayor Ruben Pineda ATTEST: City Clerk, Nancy M. Smith PUBLISHED: ===== PDF PAGE 99 ===== [Extraction: OCR (rendered-page OCR)] Chapter 8 - ADMINISTRATIVE ADJUDICATION SYSTEM ARTICLE |. - ADMINISTRATIVE ADJUDICATION SYSTEM Footnotes: --- (1) --- Editor's note— Ord, No. 18-O-0047, § 1, adopted Aug. 4, 2018, amended Art. | in its entirety to read as herein set out. Former Art. |, §§ 8-1—8-14, pertained to similar subject matter, and derived from Ord. No. 18-0-0017, 5-7-2018. Sec. 8-1. - Creation of administrative adjudication system. (a) Pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., which authorizes municipalities to implement a system of administrative adjudication, there is created a system of administrative adjudication of charges of Code violations for the city of West Chicago. The system will authorize an administrative law judge to conduct adjudicatory hearings of cases instituted by city departments. (b) The city adopts Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., as it may be amended from time to time. In the event of a conflict between said statutes and this article, this article shall prevail. (c) The adoption of this article does not preclude the city from using other lawful methods to enforce the provisions of this Code. (Ord. No. 18-O0-0047, § 1, 9-4-2018) Sec. 8-2, - Purpose. The purpose of the administrative adjudication system for Code violations is to provide a procedure by which charges of Code violations can be equitably and efficiently adjudicated administratively by an administrative law judge. (Ord. No. 18-O-0047, § 1, 9-4-2018) Sec. 8-3. - Jurisdiction. Those matters subject to the administrative adjudication system provided for by this article are charges of violation of any regulation of the City of West Chicago, excluding traffic violations that regulate the movement of vehicles, so long as the relief sought is not a penalty of incarceration or a total fine in excess of fifty thousand dollars ($50,000.00), excluding allowable costs. The fifty thousand dollars ($50,000.00) limitation shall not apply to those cases brought to enforce the collection of any tax imposed and collected by the city. (Ord. No. 18-O0-0047, § 1, 9-4-2018) Sec. 8-4, - Administrative hearings supervisor. ===== PDF PAGE 100 ===== [Extraction: OCR (rendered-page OCR)] (a) There is hereby established the office of administrative hearings. That office shall be directed by an administrative hearings supervisor, who shall be the city administrator, or his/her designee. The administrative hearings supervisor's function is to expedite the prosecution and/or correction of Code violations subject to the jurisdiction of the administrative adjudication system. The administrative hearings supervisor is authorized to manage the administrative adjudication process in the manner provided for in this article, which shall include determining the qualifications of administrative law judges, appointing administrative law judges, upon the appointment by the mayor and with the advice and consent of the city council; and establishing such rules and regulations, as may be necessary for the effective operation of the administrative adjudication system. The city administrator may also appoint other persons to assist with the administrative adjudication system provided for in this article. Any violation prosecuted under administrative adjudication which is not listed in the below table is subject to the general penalty provisions of section 1-8 of this Code. Any offense listed in the below table of this chapter may be settled, comprised and paid in the respective amounts and within the respective time frames set forth in the below table of offenses and fines. | Minimum Fine/Fine | Maximum | Chapter/Section Title/Offenses | inimum Finer Pine: | . am Paid Before Hearing Fine Chapter 17 West Chicago Vehicle and Tate seas | : Adoption by reference of the Illinois Vehicle Article |, § 17-1 Code (IVC) | 5/3-401 No valid registration $50.00 "$100.00 | | 5/3-413(a) No front/rear registration plate $50.00 $100.00 ; 5/3-413(b) Improper display of license plate } $50.00 $100.00 5/3-413(f) Operation of vehicle with expired registration $50.00 $100.00 | | | — ~ —— 5/3-413(g) Use of license plate cover $50.00 $100.00 | : 5/3-701 Inoperable odometer under mileage plates $50.00 $100.00 5/1-100 et seq. 7 Miscellaneous traffic code violations | $50.00 r $100.00 5/6-112 | Driver's license not on person | $50.00 $100.00 5/6-116 Failure to notify Secretary of State—Change of $50.00 $100.00 address 5/12-713 “Improperly marked vehicles—Contractor $50.00 $100.00 ===== PDF PAGE 101 ===== [Extraction: OCR (rendered-page OCR)] /— §/12-101 Unsafe equipment $50.00 $100.00 5/12-201(a) Driving motorcycle without lighted headlight $50.00 $100.00 5/12-201(b) Driving without lights when required $50.00 $100.00 / §/12-201(b) Only one tail light $50.00 $100.00 5/12-201(c) No rear license plate light $50.00 $100.00 5/12-202 Clearance, identification and side marker lamps $50.00 $100.00 5/12-204 Improper lamp or flag on projected load $50.00 $100.00 _ 5/12-205 7 Lamps on other vehicles and equipment $50.00. | $100.00 | 5/12-205.1 gatas oat se — $100.00 5/12-207 Improper use of spot lamp/aux driving lamps $50.00 $100.00 "§/12-208(a) No stop lights $50.00 $100.00 | 5/12-208(b) No turn signal (vehicle) $50.00 $100.00 ' 5/12-208(c) | No turn signal (trailer or semitrailer) $50.00 $100.00 5/12-209(a) Other lighting violation $50.00 $100.00 5/12-209(b) Other lighting violation 5. $50.00 $100.00 5/12-209(c) : Defective back-up lights —_ $50.00 : $100.00 5/12-210 Failure to dim headlights $50.00 $100.00 §/12-211 Only one headlight - $50.00 $100.00 | §/12-212(a) Restrictions on lamps $50.00 $100.00 © §/12-212(b) Flashing lights $50.00 | $100.00 ===== PDF PAGE 102 ===== [Extraction: OCR (rendered-page OCR)] 5/12-215 Oscillating, rotating of flashing lights $50.00 $100.00 | 5/12-218 INegal auxiliary accent lighting on motorcycle $50.00 $100.00 / 5/12-301 Defective brakes $50.00 $100.00 5/12-405(c) Use of unsafe tire $50.00 $100.00 5/12-501(a) No windshield | $50.00 $100.00 5/12-502 No rear view mirror 7 , $50.00 $100.00 " §/12-503(a) Illegally tinted windows $50.00 | $100.00 "5/12-503(c) | —-—~—«Obstructed windshield $50.00 | $100.00 ae | Cee sete Ree | $50.00 $100.00 " §/12-503(d) No windshield clearing device (wipers) | $50.00 |: $100.00 [ 5/ 12-503(e) l Defective windshield, side or rear windows $50.00 $100.00 "§/12-601(a) Defective or no horn / $50.00 =| $100.00 5/12-601(b) Horns and warning devices violation $50.00 $100.00 5/12-602 Loud muffler—Excessive noise $50.00 $100.00 " §/12-604(a) Video devices violations $50.00 $100.00 | 5/ 12-606 Miscellaneous tow truck violations $50.00 —_ $100.00 : 5/12-607 \llegal suspension (first division vehicle) $50.00 $100.00 | aie) inh Illegal suspension (second division vehicle) $50.00 $100.00 5/12-608 No bumper or unlawful bumper height $50.00 $100.00 (s/12-610(a) | —~—silegaluseof headset. =Ss= - Sec. 8-6. - Scope of authority of administrative law judges. Administrative law judges shall preside over adjudicatory hearings. The authority of an administrative law judge shall encompass all acts necessary to conduct fair and impartial adjudicatory hearings, including, but not limited to: (1) Hearing testimony and accepting evidence that is relevant to the existence of the Code violation. (2) Administering oaths and affirmations to witnesses. (3) At the request of any party or on the administrative law judge's own motion, issuing subpoenas for the attendance of relevant witnesses and/or the production of relevant books, records, or other information. Subpoena issuance shall be at the discretion of the administrative law judge, where it is determined that the requested witness or document is material to the defense of the ===== PDF PAGE 104 ===== [Extraction: OCR (rendered-page OCR)] (4) (5) (6) (8) (9) (10) allegations and does not constitute a needless presentation and that the elements of the defense sought to be proved could not otherwise be established without the production of the requested evidence. Preserving the record of the hearing, including all exhibits and evidence admitted into the record at the hearing. Issuing a determination based upon a review of the notice of violation, citation, other charging document (hereinafter, "charging document") and on the evidence admitted, which determination shall be final for purposes of judicial review under the Illinois Administrative Review Act. The determination shall be in writing, shall be signed by the administrative law judge, shall be designated as finding(s), decision, and order, and shall include the fine, penalty or action with which the respondent must comply. Upon finding a respondent liable for violating one (1) or more charged Code provisions: a. Imposing penalties as provided by the governing penalty provision, except, however, that in no event shall an administrative law judge have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of fifty thousand dollars ($50,000.00), excluding allowable costs. When applicable, each day a Code provision is found to have been violated by the respondent shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision. b. Imposing, in addition to fines, administrative and/or enforcement costs and, when applicable, imposing costs incurred by the city for effecting compliance with Code provision(s) for which a respondent has been found liable. c. Ordering, notwithstanding fines imposed or costs assessed, the respondent to comply with Code provision(s) found to have been violated, and, if appropriate, ordering the respondent to post a compliance bond as provided by subsection 8-11(b). d. Ordering, regardless of fines imposed or costs assessed, the respondent to perform a term of community service. Adhering to the policies, procedures, and legislation set forth in the city Code, except where discretion is specifically vested in the administrative law judge. However, an administrative law judge is authorized to waive the fine and/or costs that otherwise would be imposed upon finding a respondent liable for one (1) or more Code violations when the administrative law judge specifically finds as a matter of fact that the violation(s) occurred under such circumstances that, as a reasonable person, would constitute an excuse for the violation(s). Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record. Regulating the course of the hearing in accordance with this article, the rules adopted by the administrative hearings supervisor for the conduct of administrative hearings, and other applicable law. Hearings on appeals from the orders of the administrative hearings supervisor, or his designee. (Ord. No. 18-O-0047, § 1, 9-4-2018) Sec, 8-7. - Administrative hearings. All administrative hearings conducted by an administrative law judge are open to the public and shall be presided over by a duly appointed administrative law judge who is charged with providing the parties a full and fair opportunity to be heard. The city shall not be represented by an employee or other representative of the office of administrative hearings. However, documentary evidence, prepared by another department of the ===== PDF PAGE 105 ===== [Extraction: OCR (rendered-page OCR)] (d) (e) (f) (9) (h) (i) 0) city and submitted to the administrative law judge, may be presented at the hearing by the administrative hearing supervisor. All administrative hearings shall be conducted on the date set for hearing. In rare instances and for good cause shown, a continuance may be granted at the discretion of the administrative law judge. The purpose of administrative hearings is to provide a prompt resolution of alleged Code violations. Accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two (2) months or twice per case, unless good cause is shown. The administrative law judge may issue subpoenas. The formal and technical rules of evidence may be waived in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The administrative law judge shall permit persons to contest the merits of an alleged violation subject to the administrative adjudication procedures of this article without attending a hearing. Any person, who wishes to contest a vehicular violation, must file a notarized statement of facts specifying grounds for contesting the violation notice, which must be filed with the office of administrative hearings, postmarked within ten (10) days of the issuance of the notice of violation. The request shall be deemed filed, if postmarked by such due date. The submission of a notarized statement of facts is a waiver of the person's right to a personal appearance and the administrative law judge will make his/her decision based upon the notarized statement of facts submitted by the person and the facts contained in the notice of violation(s). No violation may be established except upon proof by a preponderance of the evidence. However, the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified in the document. The administrative hearings supervisor shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means, in accordance with the Illinois Open Meetings Act. Recording by any means by any member of the public is prohibited unless expressly authorized by the administrative hearings supervisor. The record of all hearings before an administrative law judge shall include a copy of the findings, decision, and order of the administrative law judge's final determination. At the conclusion of a hearing, the administrative law judge shall issue his/her final determination. If the administrative law judge issues a final determination of liability, he or she may impose fines, assess costs, and make orders, all as provided by subsection 8-6(6), and as are consistent with the specific Code provision(s) found to have been violated. At the conclusion of the hearing, the administrative law judge shall inform the parties orally and in writing of his determination. Such determination shall constitute a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act. Based on the charging document and the evidence admitted, the administrative law judge may issue the following determinations: liable, not liable, or liable upon a plea of no contest. The administrative law judge also may dismiss the case with or without prejudice or grant a properly made motion by the city voluntarily dismissing the case. (Ord. No. 18-O-0047, § 1, 9-4-2018) Sec. 8-8, - Procedure. All matters to be adjudicated by the administrative law judge shall be commenced against the party alleged to have violated one (1) or more Code provisions by issuing and serving upon that party a charging document and shall be conducted in accordance with the following procedures: ===== PDF PAGE 106 ===== [Extraction: OCR (rendered-page OCR)] (1) (2) (3) (4) The charging document shall be issued by a city officer or employee so authorized and served as provided for in subsection 8-8(3). Any charging document issued pursuant to this section 8-8 shall contain the following information: 1. The name; city department; position; and identification number, if applicable, of the person issuing the charging document; 2. The name and address of the person or entity being charged with one (1) or more Code violations ("respondent"); 3. The name and address of the person to whom the charging document is given if that person is not the respondent; The section(s) of the Code alleged to have been violated; The date, time, and place of the alleged violation(s); A legally sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the charging document or a legally sufficient description of the facts giving rise to the allegations set forth in the charging document; 7. The complainant's name if the complainant is not the issuing city officer or employee. The city officer or employee shall certify the correctness of the information required by this subsection (2)1. by signing his/her name to the charging document to be issued. Compliance with this subsection (2)1. shall establish a prima facie case. A charging document issued pursuant to subsection (2)1. also shall set forth: 1. The date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the charging document; and 2. The legal authority and jurisdiction under which the hearing will be held. The hearing shall be scheduled with reasonable promptness, provided that for hearings scheduled in all nonemergency situations, the respondent shall have at least fifteen (15) days after service of process to prepare for a hearing, if requested by the respondent. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare. The respondent named in a charging document shall be given notice of the date of the adjudicatory hearing which may appear on the face of the notice of violation, citation, or other charging document. Notice of the hearing date may be given in any of the following ways: : : : 1. By first class mail or by overnight or two-day commercial delivery service at the respondent's last known address or if the respondent is a business entity, at any address identified for its registered agent or at its principal place of business; By personal service; 3. By posting upon the property that is the site of the alleged violation(s) when the respondent is the owner or person in control of the property; or 4. By any other means permitted by law for service of civil summons. If service is provided by first class mail or by overnight or two-day commercial delivery service, the fifteen-day period shall begin to run on the day that the notice is deposited in the mail or given to the commercial delivery service, as applicable. The original or a legible copy of the notice of violation, citation, or other charging document shall be filed with the office of administrative hearings as soon as practicable at the place and in ===== PDF PAGE 107 ===== [Extraction: OCR (rendered-page OCR)] the manner as the administrative hearings supervisor directs. Upon receiving the original or legible copy of the charging document, the administrative hearings supervisor shall select a hearing date and give respondent notice of the date, time, and place of the hearing in the manner set forth in subsection (3)c., unless the charging document sets forth the date, time, and location of the hearing and was served on the respondent as provided in subsection (3)b. (5) Parties to an adjudicatory hearing may be represented by an attorney, present witnesses, and cross-examine opposing witnesses. Parties may request the administrative law judge to issue subpoenas according to the authority granted in subsection 8-6(3). (Ord. No. 18-O0-0047, § 1, 9-4-2018) Sec. 8-9. - Representation at hearings. (a) (b) City representation. The case for the city may be presented by a city employee, or by an attorney designated by the city attorney, but not by an employee or other representative of the office of administrative hearings except as allowed by subsection 8-7(b). Respondent representation. The case for the respondent may be presented by the respondent or by an attorney or agent of the respondent. An attorney or agent appearing at an adjudicatory hearing on behalf of a respondent shall present the administrative law judge with a signed appearance form stating, on oath or affirmation, that he or she has been authorized by the respondent to represent the respondent at the hearing. (Ord. No. 18-O-0047, § 1, 9-4-2018) Sec. 8-10. - Default. (a) (b) (c) If at the time set for hearing, the respondent, or his/her attorney or agent of record, fails to appear, the administrative law judge may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this article and applicable to the violation. The order shall advise the respondent of the procedure for setting aside the default judgment and shall also apprise the respondent of the availability of an appeal of the default judgment to the Circuit Court of DuPage County. The default judgment shall be mailed promptly to the respondent as provided by subsection 8-8(3)a. The default judgment constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Act. A respondent against whom a default judgment has been entered may file a motion with the office of administrative hearings to set aside the default judgment and request a new hearing. A motion to * set aside a default judgment may be filed at any time if the respondent alleges lack of subject matter or personal jurisdiction. In all other cases, the motion must be filed within twenty-one (21) days of entry of the default judgment. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. The administrative law judge shall hear and rule on the motion. If the administrative law judge grants the motion, a hearing will be held immediately on the alleged Code violation(s) set forth in charging document unless the respondent requests another hearing date and presents good cause for continuing the hearing. If any default judgment is set aside pursuant to this section 8-10, the administrative law judge shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the city as a result of the vacated default judgment. (Ord. No. 18-0-0047, § 1, 9-4-2018) Sec. 8-11, - Fines; compliance bond. ===== PDF PAGE 108 ===== [Extraction: OCR (rendered-page OCR)] (a) (b) (c) All fines and other payments must be made within ten (10) calendar days from the date of the final determination. If the administrative law judge issues an order of compliance, the administrative law judge may order the respondent to post either a cash bond or other security bond to ensure respondent's timely compliance. Any non-cash security bond shall name the city as beneficiary and shall be in the amount specified by the administrative law judge. Any bond issued as a result of an administrative law judge's order is subject to review and approval for sufficiency of the bond by the city administrator. If the respondent fails to timely remedy the Code violation(s) for which a bond has been issued and the city undertakes remediation or otherwise expends funds related to the Code violation(s), the administrative law judge, after giving the parties notice and opportunity to be heard, may issue an order permitting the city to draw against the bond in an appropriate amount. The administrative law judge shall order the bond amount, less the reasonable costs incurred by the city, returned to the respondent upon proof of compliance. Upon failure to achieve compliance, the administrative law judge shall, upon written petition of the city, increase the assessed fine by ten (10) percent for each day beyond the original compliance date that compliance has not been achieved. Nothing in this article shall prevent the administrative hearings supervisor from issuing citations which are payable to the city without a hearing. (Ord. No. 18-0-0047, § 1, 9-4-2018) Sec. 8-12. - Enforcement of administrative law judge's order. (a) (b) (c) (d) (e) Any fine and any administrative, enforcement, or compliance costs imposed by an administrative law judge's order that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures, unless stayed by a court of competent jurisdiction, shall be a debt due and owing the city and may be collected in accordance with applicable law. After the expiration of the period for which judicial review may be sought, unless stayed by a court of competent jurisdiction, the determination of liability of an administrative law judge may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. At such time, the administrative hearings supervisor shall send a notice of final determination of liability to respondent. Any fine, penalty, and/or cost remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the city. Failure of the respondent to pay such fine or penalty within twelve (12) days of the notice may result in a lien against the respondent's property (and foreclosure of such.a lien) or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits from the city. In any case in which a respondent fails to comply with an administrative law judge's order to correct a Code violation, any expenses incurred by the city to enforce the administrative law judge's order, including but not limited to attorney's fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owing the city. Prior to any expenses being fixed by an administrative law judge pursuant to this subsection (d), the respondent shall be provided with notice that directs the respondent to appear at a hearing before an administrative law judge to determine whether the respondent has failed to comply with the administrative law judge's order. The notice shall set the place and the time for the hearing, which shall not be less than seven (7) days from the date the notice is served. Notice may be served by first class mail or by an overnight or two-day commercial delivery service and the seven-day period shall begin to run on the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. Nothing in this section shall prevent the city from enforcing or seeking to enforce any order of an administrative law judge in any manner provided by law. (Ord. No. 18-O-0047, § 1, 9-4-2018) ===== PDF PAGE 109 ===== [Extraction: OCR (rendered-page OCR)] Sec, 8-14. - Election of remedies. In no case may an administrative law judge conduct an adjudicatory hearing for an alleged Code violation where the remedy is a punishment of imprisonment. Nothing in this article, however, shall preclude the city from petitioning a court of competent jurisdiction to adjudicate any ordinance violation or an ordinance violation, which provides the remedy of imprisonment, or from petitioning a court of competent jurisdiction to impose the remedy of imprisonment for failure to comply with an order of an administrative law judge. (Ord. No, 18-O-0047, § 1, 9-4-2018) ===== PDF PAGE 110 ===== [Extraction: OCR (rendered-page OCR)] WEST CHICAGO POLICE DEPARTMENT MONTHLY REPORT AS ape > Se JANUARY 2020 Michael Uplegger, Chief of Police ===== PDF PAGE 111 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report TABLEOFCONTENTS Organizational Chart .............................................................................................................. 3 Department Overview ....................................................................................................... 4 Personnel ............................................................................................................................ 5 Criminal Activities ................................................................................................. 6 Monthly Performance .............................................................................................................. 11 Officer Activities ................................................................................................................. 12 2 ===== PDF PAGE 112 ===== [Extraction: OCR (rendered-page OCR)] West Chicago Police Department Monthly Report Organizational Chart West Chicago Police Department 10/13/2019 Chief of Police (1) Administrative Assistant Management Analyst (1) (1) Training Officer Operations Commander (1) Officer (1) (1) Community Relations Day Shift Sergeant (2) Evening Shift Sergeant (2) Patrol Officers (11) Patrol Officers (11) Traffic Officers (2) Community Service Officer (2) Investigations Sergeant (1) Detectives (6) School Resource Officer (3) Evidence Custodian (1) Administrative Sergeant (1) Social Worker (1) Records Personnel Contractual (4) ===== PDF PAGE 113 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Department Overview The Mission of the West Chicago Police Department is to Protect Life and Liberty, Provide Quality Police Services, and Forge Community Partnerships with Integrity and Professionalism. There are three divisions in the Police Department: Office of the Chief of Police, Support Services Division and Operations Division. The Office of the Chief of Police’s primary responsibility is to provide general management direction and control for the Department. The Office of the Chief of Police consists of the Management Analyst, and the Administrative Assistant. The Support Services Division consists of Vehicle and Building Maintenance, Records and Social Services. The Operations Division consists of Uniformed Patrol, Training Officer, Community Relations, Traffic Safety Unit, the Investigations Unit, School Resource Officers, Evidence/Property and Community Service Officers. 4 ===== PDF PAGE 114 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Personnel On January 2nd, Nathan Hunt, Richard Dominguez and Joseph Eversole were sworn in as the Department’s newest officers. Officers Hunt and Dominguez began basic training at the Suburban Law Enforcement Academy in Glen Ellyn on January 6th. Officer Eversole was hired as an active sworn officer and did not need to attend the academy. He started field training at the Department on January 6th. On January 5th, Officer Antonio Reyes was promoted to the rank of Sergeant and assigned to dayshift. On January 9th, after twenty-seven years of service, Officer Michael Rosenwinkel completed his last day of work. The Department wishes him well in his future endeavors. On January 17th, Sergeant Samuel successfully completed Northwestern University’s Center for Public Safety’s School of Staff and Command. This ten week course prepares law enforcement managers for senior positions by combining academic principles with practical applications. 5 ===== PDF PAGE 115 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Personnel On January 18th, members of the Police Department and the West Chicago Fire Protection District battled each other on the basketball court in the Kwasman Klassic. The Police Department prevailed 51-39. The event benefitted the local Special Olympics Program. On January 29th and 30th, children from the West Chicago Park District’s Keppler Academy toured the Station. 6 ===== PDF PAGE 116 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Criminal Activities Residential Burglary: Person(s) unknown forced entry to a residence in the 600 block of Hampton Course. Access had been made to the home by breaking a rear basement window. The suspect exited the front door, entered a waiting vehicle and left the scene. The suspect vehicle was reported stolen out of Campton Hills, IL. Investigation is ongoing. Person(s) unknown entered a residence in the 300 block of Post Oak Circle. The homeowner heard a loud noise from the rear of the home. A resident went to investigate the noise, walked toward the open basement door and observed a subject with a flashlight. The offender shut the basement door and fled to a waiting vehicle. Nothing is known to be missing. Investigation is ongoing. Person(s) unknown entered a residence in the 300 block of Hemlock Ln. Entry had been made by breaking a glass door on the rear of the home. As the homeowner entered the residence from the garage, a suspect in the mudroom shut the door on the homeowner. The homeowner fled and called 911. Shortly afterward, a vehicle was seen fleeing the area. A Wood Dale Police Department K9 checked the residence and area, but no one was located. Nothing is known to be missing from the home. A vehicle matching the description was stolen out of Warrenville and recovered in Oswego. Investigation is ongoing. Burglary: Person(s) unknown entered a shed at a storage yard in the 800 block of Meadowview Crossing and removed three chain saws, four bush trimmers and three backpack leaf blowers. Loss is estimated at $4,000.00. Investigation is ongoing. Burglary from Motor Vehicle: Person(s) unknown removed equipment from two vehicles at a storage yard in the 800 block of Meadowview Crossing. A truck had been entered by cutting a padlock from the rear rollup door. Taken were a concrete saw, four chain saws, a backpack leaf blower, two battery powered drills and a jigsaw. A trailer had also been accessed by cutting the latches off the trailer’s side door. Taken from the trailer were two chain saws and a backpack leaf blower. Investigation is ongoing. Person(s) unknown entered an unsecured vehicle in the 300 block of S. Wilson Ave. and removed a social security card from a wallet in the car. Person(s) unknown removed a purse from a vehicle in the 300 block of Joliet St. The victim was unsure if the car was locked. Person(s) unknown entered a vehicle in the 200 block of Post Oak Cir. and removed a backpack containing a laptop computer, charger and power pack. It is unknown if the vehicle had been secured. Loss is estimated at $600.00. Person(s) unknown removed $300 from a vehicle in the 2300 block of Elm Rd. The victim is unsure if the car had been secured. Investigation is ongoing. 7 ===== PDF PAGE 117 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Theft of Motor Vehicle/Burglary/Burglary from Motor Vehicle: Person(s) unknown forced entry into a section of a storage yard in the 800 block of Meadowview Crossing. A trailer in the yard had been entered by cutting the latches to a door on the trailer. Removed from this trailer were two backpack leaf blowers, a string trimmer and a chain saw. An unsecured storage shed had been entered and two snow blowers, two saws and a backpack leaf blower were missing. Also removed from the yard were a truck and trailer which contained contained three riding mowers, one walk behind mower, six hedge trimmers, two chain saws and six backpack leaf blowers. The keys for the truck were left in the center console of the truck. Investigation is ongoing. Fraud: Person(s) unknown altered a check of a business in the 500 block of Conde St. A check, in the amount of $12,528.22, had been mailed as payment for an invoice. The check was never received by the intended payee and it was learned the check had cleared. A copy of the deposited check was obtained and the pay to name had been altered. Investigation is ongoing. Person(s) unknown took and altered a check from a business in the 200 block of E. Roosevelt Rd. The business mailed an $8,740.00 check as payment and later learned it was never received. It was determined the check had been altered to show a different payee and had been deposited into an account. Investigation is ongoing. Person(s) unknown altered the check of a business in the 1000 block of Atlantic Dr. The business had mailed a $798.34 check as payment. They were notified the check was never received. It was determined the check had been altered to another name and deposited. Investigation is ongoing. Criminal Defacement: Person(s) unknown spray painted gang-related graffiti on the sidewalk and a garbage can in the 400 block of W. Forest Ave. Theft Under $500.00: A known person entered an apartment in the 1200 block of Kings Cir. The suspect stated the victim owed them money so the suspect took $100.00 that the victim had lying out and then left the apartment. Person(s) unknown took property from eight victims while they were working at a business in the 1700 block of Downs Dr. Three victims in one building were missing: $35.00 in cash, a Walmart gift card, a passport, an ID card, car keys and a gold bracelet. Five victims in the second building were missing: $300.00 cash, a book bag, wallet, debit card, coat, gloves, a phone charger, a red starter jacket and a Samsung charger. Investigation is ongoing. 8 ===== PDF PAGE 118 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Person(s) unknown took $10.00 from a business in the 200 block of E. Roosevelt Rd. Two subjects opened the cash register, removed cash and then fled the scene on foot. Investigation is ongoing. Person(s) unknown removed the victim’s phone, $30.00 cash and state identification card from the laundromat in the 300 block of Wilson St. The victim placed the items down and when she returned they were missing. Person(s) unknown took mail from a business in the 1000 block of Carolina Dr. The mail had been removed from a mailbox that does not lock. Aggravated Criminal Sexual Assault: The victim reported a known person improperly touched her at an apartment in the 1200 block of Kings Ct. four years ago. Investigation is ongoing. Criminal Sexual Assault: A known person attempted to sexually assault the victim at a residence in the 2900 block of Andrus Ln. The victim filed a report with the St. Charles Police Department who notified this Department. Investigation is ongoing. A known suspect is alleged over the course of five years to have repeatedly inappropriately touched the victim at a location in the 27W500 block of North Ave. The DuPage Children’s Center is investigating. Aggravated Discharge of a Firearm: Person(s) unknown fired shots from a vehicle in the 100 block of E. Blair St. A residence and vehicle were struck. Several spent shell casings were found in the street. Investigation is ongoing. Unlawful Discharge of a Firearm: Person(s) unknown fired multiple shots in the alleyway in the 100 block of W. Brown St. A check of the area was unsuccessful in locating suspects, victims or spent shell casings. Investigation is ongoing. Complainants did not want to be seen and some homeowners were uncooperative. Investigation is ongoing. Motor Vehicle Theft: Person(s) unknown filled out an online application to purchase a vehicle at Haggerty Ford, 330 E. Roosevelt Rd. The suspect arrived, completed the paperwork was approved for the purchase, and left with the car. The next day, the dealership was contacted and told the information submitted by the suspect was fraudulent and the loan would not be honored. The suspect was contacted, agreed to return to the dealership, but failed to show. An attempt to reclaim the vehicle at the suspect’s given address was unsuccessful. Investigation is ongoing. Person(s) unknown removed the victim’s vehicle from a parking lot in the 700 block of Forest Ave. Investigation is ongoing. 9 ===== PDF PAGE 119 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Aggravated Battery: Person(s) unknown knocked on the victims’ apartment door in the 900 block of Lorlyn Dr. When the victims opened the door, they were attacked by two suspects. One of the offenders took hold of a pipe the victim used to block the apartment’s sliding glass door from opening, and struck one of the victims in the head with it. The suspects then fled the scene in an unknown direction. Investigation is ongoing. 10 ===== PDF PAGE 120 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Monthly Performance Activities Oct Nov Dec Jan YTD YTD Total 2019 2019 2019 2020 2020 2019 2019 Traffic 578 429 409 385 385 755 7,565 Stops Traffic 328 239 206 126 126 412 4,545 Citations Traffic 308 261 254 269 269 447 4,091 Warnings Parking 166 103 161 190 190 300 2,301 Citations Traffic 94 92 74 50 50 74 905 Crashes Incident 246 217 215 192 192 260 3,058 Reports 11 ===== PDF PAGE 121 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Officer Activities On January 16th, officers were dispatched to a report of a crash between a pickup truck and car on Fabyan Parkway near McChesney Rd. Callers stated there was possible entrapment and the occupants of the car may be unconscious. Officers and the West Chicago Emergency Services Disaster Agency (ESDA) shut down the roadway. West Chicago Fire Protection District personnel extricated two individuals from the car, one of whom was reported as deceased on scene. The Metropolitan Emergency Response and Investigation Team (MERIT) was called to investigate the crash. Investigation is ongoing. On January 22nd, the Department received information on a suicidal subject with a knife at a residence in the 600 block of Joliet St. The complainant advised the subject suffers from mental illness and had been making both suicidal and threatening statements. All other residents had left the home. Officers Zepeda, Sauseda, Schoonhoven, and Winton, and Detectives Peterson and Herbert and Sergeant Reavley eventually all responded to the home. Movement was observed in the home, but the subject would not answer the door and eventually the subject stopped answering his cell phone. A Merit Crisis Negotiator responded and attempted to make contact with the subject for several hours with no success. The complainant provided a key to make entry to the residence. Entry was made, a search was conducted and the subject was found hiding in a bedroom. The individual complied with orders and was secured. The subject was taken to Northwestern Medicine Central DuPage Hospital for evaluation. On January 24th at 12:58pm officers responded to the area of Hawthorne Ln. and Rosewood Dr. for a report of shots fired. Officers were advised a vehicle fled the area, heading east on Hawthorne Ln. Winfield Police Officers located the vehicle at Northwestern Medicine Central DuPage Hospital. Seeing the Winfield officer, the driver fled and a pursuit ensued. The suspect vehicle was involved in crash in front of the DuPage County Courthouse. The driver fled on foot. Winfield Police Officers and DuPage County Sheriff Deputies quickly apprehended the subject. After an extensive investigation, it was determined that a drug transaction had been arranged for that day at that randomly chosen location. During this transaction, several participants produced a weapon and multiple shots were fired, injuring three. All parties then fled the scene. One juvenile, from Geneva was charged with Attempted Armed Robbery. A second juvenile, from Batavia was charged with Attempted Armed Robbery and Aggravated Battery. An adult from Elgin, is still under medical care with possible charges pending. 12 ===== PDF PAGE 122 ===== [Extraction: OCR (rendered-page OCR)] WEST CHICAGO POLICE DEPARTMENT MONTHLY REPORT FEBRUARY 2020 Michael Uplegger, Chief of Police ===== PDF PAGE 123 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report TABLEOFCONTENTS Organizational Chart............................................................................................................... 3 Department Overview ....................................................................................................... 4 Personnel ............................................................................................................................ 5 Criminal Activities ...................................................................................................................... 6 Monthly Performance…....................................................................................... ...9 Officer Activities ................................................................................................................. .10 2 ===== PDF PAGE 124 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Organizational Chart West Chicago Police Department January 2020 Chief of Police (1) Administrative Management Analyst Assistant (1) (1) Deputy Chief (1) Operations Commander (1) Community Relations Training Officer Officer (1) (1) Evening Shift Investigations Administrative Day Shift Sergeant Sergeant Sergeant Sergeant (2) (2) (1) (1) Patrol Officers Patrol Officers Detectives Social Worker (12) (12) (6) (1) Community Service School Resource Records Personnel Officer Officer Contractual (2) (3) (4) Evidence Custodian (1) 3 ===== PDF PAGE 125 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Department Overview The Mission of the West Chicago Police Department is to Protect Life and Liberty, Provide Quality Police Services, and Forge Community Partnerships with Integrity and Professionalism. There are three divisions in the Police Department: Office of the Chief of Police, Support Services Division and Operations Division. The Office of the Chief of Police’s primary responsibility is to provide general management direction and control for the Department. The Office of the Chief of Police consists of the Management Analyst, and the Administrative Assistant. The Support Services Division consists of Vehicle and Building Maintenance, Records and Social Services. The Operations Division consists of Uniformed Patrol, Training Officer, Community Relations, the Investigations Unit, School Resource Officers, Evidence/Property and Community Service Officers. 4 ===== PDF PAGE 126 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Personnel On February 21st, Wegner Elementary School held its annual Dodge Ball Tournament. Participating for the Department were Sergeant Langelan, Detectives Calabrese and Flanigan, and Officers Fearon, Sauseda and Eversole. On February 21st, Detective Peterson participated in the Special Olympics Illinois Super Plunge into Lake Michigan at Northwestern University’s Lincoln Street Beach. Once an hour for twenty-four hours, participants jumped into the thirty-seven-degree lake. The event was held to raise awareness and money for Special Olympic athletes. Detective Peterson raised $5,300.00. 5 ===== PDF PAGE 127 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Criminal Activities Battery: As a result of a “Road Rage” incident on North Ave., an individual was arrested for shoving another motorist. The suspect was placed under arrest and transported to the Station where he was charged with Battery. The suspect was fingerprinted, photographed, provided with his copies of the paperwork and released. Burglary from Motor Vehicle: Person(s) unknown entered two secured vehicles in the 500 block of Ingalton Ave. and removed two driver’s licenses, a debit card, a necklace and approximately $15.00 in change. Person(s) unknown entered an unsecured vehicle in the 500 block of Conde St. and removed power tools. Taken were a saw, nail gun, and two impact drills. Loss is estimated at $1,050.00. Investigation is ongoing. Person(s) unknown entered an unsecured vehicle in the 200 block of Ingalton Ave. and removed the glove box and cracked the windshield. Criminal Defacement: Person(s) unknown painted gang-related graffiti on a No Parking sign in the alley in the 400 block of Sherman St. Person(s) unknown spray painted non-gang related graffiti on a School Zone Speed Limit sign at Wood St. and Geneva St. Person(s) unknown spray painted gang-related graffiti on the back of a Stop sign in the 500 block of E. Brown St. Criminal Damage to Property: A known person used a pen to damage the bartop at a business in the 200 block of Main St. Investigation is ongoing. Person(s) unknown damaged a vehicle in the 1400 block of Prairie Crossing Dr. Both passenger side tires were flattened and appeared to have been punctured. Person(s) unknown damaged a vehicle in the 700 block of Brown St. The rear window to the car had been shot four times with BBs or pellets. Person(s) unknown damaged two vehicles in the 600 block of Blakely St. One car had been struck by eggs while the second car had blue paint splattered on it. A pineapple juice can was also thrown at the front window to the residence causing it to break. Investigation is ongoing. 6 ===== PDF PAGE 128 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Fraud: Person(s) unknown emailed the victim at a business in the 1800 block of Western Dr. The email appeared to be from a boss and instructed the victim to purchase $4,500.00 in gift cards, photograph the gift cards, scratch off the redemption codes and email this information to the sender. The victim did as instructed and later learned the email was not sent from his employer. The victim later learned some cards were redeemed in New Jersey and Massachusetts. Investigation is ongoing. Person(s) unknown arranged five unauthorized transfers from the victim’s money market account as well as one transfer from the checking account. Each transfer was for $2,500.00 (total loss $15,000.00). Investigation is ongoing. Person(s) unknown emailed the victim claiming to be an employee at a law firm representing the victim in a real estate purchase. The victim was directed to wire transfer $75,294.30 to an account. The victim followed the instructions. The victim later learned the email was fraudulent and had not been sent by the law firm. Investigation is ongoing. Person(s) unknown obtained $3,000.00 from the victim. The victim contacted the suspect through the WhatsApp phone app attempting to obtain an ATM card that would allow her to withdraw up to $500.00 a day for a month from any ATM. The victim provided the suspect with money and gift cards in return for the ATM card. The victim was then told the ATM card was being held by police and she could be arrested by a Commander with the Customs Office in Baltimore. The victim sent additional money to prevent an arrest. Theft of Motor Vehicle/Burglary: Person(s) unknown took the victim’s vehicle from the 1400 block of S. Neltnor Blvd. The victim left the vehicle running and entered a business to make a purchase. Security video from the store showed a suspect approached the vehicle from the Aspen Ridge Apartment complex, entered the SUV and drove away, picking up two other individuals along Michael Browning Way. The suspects were then observed on camera leaving the area eastbound on Roosevelt Rd. Investigation is ongoing. Theft Under $500.00: Person(s) unknown entered an unlocked residence in the 600 block of Kenwood Ave. and removed a credit card, debit card and $30.00 cash from a purse. Additionally, a computer tablet and shoes taken from inside the home were found in the driveway. Investigation is ongoing. Sexual Assault: Officers were dispatched to Northwestern Medicine Central DuPage Hospital for a reported sexual assault. Upon arrival the victim refused to speak with or cooperate with Officers. Aggravated Discharge of Firearm: Person(s) unknown fired shots in the 400 block of E. Pomeroy St. A victim suffered a gunshot wound to the thigh and was transported to Advocate Good Samaritan Hospital in Downers Grove, Illinois. A vehicle parked outside of a residence had also been struck by a bullet. Investigation is ongoing. 7 ===== PDF PAGE 129 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Aggravated Battery: A known person stabbed a victim during an altercation in front of a residence in the 800 block of Brentwood Dr. The victim was transported to Northwestern Medicine Central DuPage Hospital. Investigation is ongoing. 8 ===== PDF PAGE 130 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Monthly Performance Activities Nov Dec Jan Feb YTD YTD Total 2019 2019 2019 2020 2020 2019 2019 Traffic 429 409 385 517 902 1,432 7,565 Stops Traffic 239 206 126 188 314 812 4,545 Citations Traffic 261 254 269 325 594 857 4,091 Warnings Parking 103 161 190 83 273 559 2,301 Citations Traffic 92 74 50 65 121 140 905 Crashes Incident 217 215 192 188 380 517 3,058 Reports 9 ===== PDF PAGE 131 ===== [Extraction: embedded PDF text] West Chicago Police Department Monthly Report Officer Activities On February 2nd, Officer Richards initiated a traffic stop of a vehicle for speeding and improper lane usage at Neltnor Blvd. near Ingalton Ave. The driver was suspected of driving under the influence of alcohol. Additionally, the driver stated that he had a weapon in the vehicle. Officer Rigler arrived to assist and recovered a loaded firearm from the glove box. The driver was placed under arrest for Driving Under the Influence of Alcohol and transported to the Station. The offender was charged with Aggravated Unlawful Use of a Firearm and Driving Under the Influence of Alcohol. The offender was fingerprinted, photographed and transported to the DuPage County Jail. On multiple occasions in November and December, two persons entered the Menards located at 220 W. North Ave. and removed a total of eight nail guns from the store without paying. The items were placed in a cart and pushed out of the store by one offender, while the second offender distracted the cashier. License plate information and photos from the store’s surveillance cameras assisted Detectives in developing information on two suspects. Detective Herbert learned that the suspects had pawned nail guns and a tool set at a pawn shop in Dundee, IL. Detectives Flanigan and Bowers spoke with one of the suspects at his residence. The suspect stated he had been banned from all Menards stores, admitted to being present during the theft, but stated a friend actually pushed the cart out of the store to a waiting car. The DuPage County State’s Attorney’s Office approved three counts of Felony Retail Theft against the two suspects and arrest warrants were obtained on February 7th. On February 15th, Officers Rigler and Moore and Sergeant Gaztambide responded to a motor vehicle crash in the 1000 block of Charlestown Ct., where the two occupants of the car had fled the scene and ran toward the 1200 block of Kings Ct. Detectives Flanigan and Calabrese and Officer Richards located two individuals, who both had blood on their clothing, walking in the area. Upon speaking with the individuals, Officers observed that one of them appeared to be highly intoxicated and he refused to identify himself when asked. The intoxicated individual was determined to be the driver and was placed under arrest, at which time he began to pull away and kick the officers. Officers were able to gain control of the suspect and place him in handcuffs. The offender was transported to the Station where he was ultimately charged with Aggravated Battery to a Police Officer, Resisting Arrest, Obstructing Identification and Failing to Provide Information for a Property Damage Accident. The offender was fingerprinted and photographed after which he was transported to the DuPage County Jail. On February 16th, Officer Moore stopped a vehicle for a traffic violation at Brown St. and Barber St. As the vehicle was occupied by five individuals and a smell of cannabis emanated from the vehicle, Officers Mielke, Rigler, and Richards arrived to assist. Prompted by the odor of cannabis, a search of the vehicle was conducted. A digital scale and two plastic bags with cannabis were located. A sixteen-year-old occupant of the vehicle was placed under arrest for Possession of Cannabis and transported to the Station where he declined to be interviewed. The sixteen-year-old was released to his parents and charges will be filed in Juvenile Court at a later date. Two additional occupants of the vehicle were found to be in violation of a bail bond. They were both placed under arrest and transported to the DuPage County Jail. The remaining two subjects were released with no charges. 10 ===== PDF PAGE 132 ===== [Extraction: OCR (rendered-page OCR)] WEST CHICAGO POLICE DEPARTMENT MONTHLY REPORT = I Special Olympics a “IK, Illingj: MARCH 2020 Michael Uplegger, Chief of Police ===== PDF PAGE 133 ===== [Extraction: embedded PDF text] Monthly Report TABLEOFCONTENTS Contents Organizational Chart ................................................................................................. 3 Department Overview ................................................................................................ 4 Personnel .................................................................................................................. 5 Criminal Activities ..................................................................................................... 6 Officer Activities...................................................................................................... 10 2 ===== PDF PAGE 134 ===== [Extraction: embedded PDF text] Monthly Report Organizational Chart West Chicago Police Department January 2020 (1) Assistant (1) (1) (1) (1) Officer (1) (1) Sergeant Sergeant Sergeant (2) (2) (1) (1) (12) (12) (6) (1) Officer Officer Contractual (2) (3) (4) (1) 3 ===== PDF PAGE 135 ===== [Extraction: embedded PDF text] Monthly Report Department Overview The Mission of the West Chicago Police Department is to Protect Life and Liberty, Provide Quality Police Services, and Forge Community Partnerships with Integrity and Professionalism. There are three units in the Police Department: Office of the Chief of Police, Support Services Unit and Operations Unit. The Office of the Chief of Police’s primary responsibility is to provide general management direction and control for the Department. The Office of the Chief of Police consists of the Management Analyst, and the Administrative Assistant. The Support Services Unit consists of Vehicle and Building Maintenance, Records and Social Services. The Operations Unit consists of Uniformed Patrol, Training Officer, Community Relations, Investigations, School Resource Officers, Evidence/Property and Community Service Officers. 4 ===== PDF PAGE 136 ===== [Extraction: embedded PDF text] Monthly Report Personnel On March 1st, members of the D epartment, along with family and friends participated in the S p e ci al Ol ym pi cs P ol a r P l un ge fundraising event. The team received nearly $3,500 in donations to support Special Olympics of Illinois. 5 ===== PDF PAGE 137 ===== [Extraction: embedded PDF text] Monthly Report Criminal Activities Fraud: Person(s) unknown telephoned the victim and stated they were from Com Ed. The caller stated the victim owed $398.11 and the electricity would be shut off if the victim did not pay immediately. The victim did as instructed, purchasing a Money Pak debit card and provided the redemption numbers to the caller. The caller said the power would not be shut off. The victim received a second call demanding an additional $498.00 or the electricity would be shut off. The victim realized at this point this was a scam. Person(s) unknown stole and deposited, possibly by electronic means, a $2,100.00 check mailed to a business in the 800 block of Hawthorne Ln. Investigation is ongoing. Person(s) unknown without authorization utilized the victim’s PayPal account to make a $217.00 purchase through the “Real Real” app that was sent to New York. It is unknown what was purchased through this app. PayPal has since replaced the funds. Person(s) unknown stole a $1,487.75 check mailed to a business in the 1000 block of Carolina Dr. Upon checking with the vendor’s bank, the business learned the check had been endorsed and deposited at an unknown location. Investigation is ongoing. Person(s) unknown cashed a fraudulent check at an unknown Wells Fargo Bank location. A business learned an unauthorized $4,053.00 check had been made out to an unknown individual and subsequently deposited at an unknown Wells Fargo bank. Investigation is ongoing. Person(s) unknown cashed five checks on the account of a business in the 1100 block of Atlantic Dr. The checks totaling $10,100.00 were handwritten, although the company’s legitimate checks are electronically generated. Investigation is ongoing. Identity Theft: Person(s) unknown used the victim’s personal information to open accounts at Chase Bank and Old Navy. Capitol One and Community Bank notified the victim of credit accounts being opened that the victim disputed. The victim further stated that her Macy’s account Capital One account was used to make unauthorized purchases. Case closed as the victim only wanted a report. Deceptive Practice: A known person provided a $352.59 check to a business in the 500 block of Topsoil Dr. The business deposited the check, and it was rejected for non-sufficient funds. Letters and phone calls to the suspect have gone unanswered. Investigation is ongoing. Criminal Defacement: Person(s) unknown used a marker to draw non-gang related graffiti on the door to a business in the 100 block of W. Washington St. 6 ===== PDF PAGE 138 ===== [Extraction: embedded PDF text] Monthly Report Person(s) unknown spray painted gang-related graffiti on the blacktop walkway at the intersection of Glen Ave. and Barber St. Retail Theft: A known person attempted to walk out of Food Market La Chiquita located at 133 W. Roosevelt Rd., with a cart containing $32.50 in groceries. Store personnel stopped the suspect as she exited the store. Store personnel declined to press charges against the suspect, but requested officers serve the suspect a Criminal Trespass Letter. Criminal Sexual Assault of a Child: An anonymous caller telephoned a grade school and advised the assistant principal that a seven- year-old had been sexually assaulted by a known suspect. The Department of Children and Family Services was contacted by school personnel and will open an investigation. Criminal Sexual Abuse: A known person inappropriately touched the ten-year-old victim six years ago at a residence. The victim’s family was contacted and wanted the incident documented for now. A victim currently living out of state disclosed to an authority figure that approximately six years ago she had been inappropriately touched by a person known to them at a local residence. The victim’s family was made aware of the situation, and decided they did not want to pursue the matter criminally at this time. Criminal Damage to Property: Person(s) unknown used a marker to draw non-gang related graffiti on the door to a business in the 100 block of W. Washington St. Person(s) unknown broke a window on the football field at West Chicago Community High School located at 326 Joliet St. Person(s) unknown broke a ground level window at St. Michael’s United Church of Christ located at 400 W. Washington St. A flower pot lying next to the shattered window is believed to have caused the damage. Person(s) unknown damaged a fence and three motion sensor lights at a residence in the 1500 block of Prince Crossing Rd. Person(s) unknown damaged a window with a BB at a residence in the 400 block of Ann St. Person(s) unknown broke a window on the detached garage of a residence in the 100 block of E. Stimmel St. Criminal Trespass to Motor Vehicle: Person(s) unknown entered two unsecured vehicles in the 1200 block of Aster Ln. The vehicles were rummaged through, but nothing was taken. 7 ===== PDF PAGE 139 ===== [Extraction: embedded PDF text] Monthly Report Theft of Cargo Container: Person(s) unknown removed a semi-trailer from an unsecured lot in the 700 block of Kress Rd. Investigation is ongoing. Theft Over $500.00: Person(s) unknown took the victim’s $700.00 iPhone while the victim was shopping at a business in the 900 block of N. Neltnor Blvd. The phone was in the victim’s purse on her shoulder. The victim called the phone and someone answered then hung up. Battery: A known person struck and injured a co-worker at the Speedway gas station located at 1501 W. Roosevelt Rd., and then left the business. The offender was located at his residence, arrested and transported to the Station where the offender was charged with Battery. The offender was fingerprinted, photographed, provided with his copies of the paperwork and released from custody. A known person argued with the victim and then spit in her face in the 800 block of Burr Oaks Dr. and then fled the scene. Officers located the offender and issued her a local Ordinance citation for Battery after she admitted to spitting on the victim. Burglary: Person(s) unknown removed $3,500.00 from the safe at Advanced Auto Parts located at 211 S. Neltnor Blvd. After the business had been closed for the night, a suspect turned off the alarm and entered the proper access codes to open the safe. A neighboring business’s surveillance system showed a suspect vehicle leaving the business after the burglary occurred. The suspect vehicle’s registration was captured by the red-light camera at Washington Street at Neltnor Blvd. Investigation is ongoing. 8 ===== PDF PAGE 140 ===== [Extraction: embedded PDF text] Monthly Report Monthly Performance Activities Dec Jan Feb Mar YTD YTD Total 2019 2020 2020 2020 2020 2019 2019 Traffic 409 385 517 319 1,221 2,156 7,565 Stops Traffic 206 126 188 107 421 1,247 4,545 Citations Traffic 254 269 325 238 832 1,275 4,091 Warnings Parking 161 190 83 89 362 871 2,301 Citations Traffic 74 58 75 35 168 188 905 Crashes Incident 215 192 188 226 606 785 3,058 Reports 9 ===== PDF PAGE 141 ===== [Extraction: embedded PDF text] Monthly Report Officer Activities On March 8th, Officers Gelsomino, Winton, Jones and Kowalik responded to the 300 block of S. Neltnor Blvd for a reported stabbing. The victim was located and had a bleeding laceration on his left knee. A subject was walking in the area who the victim identified as the offender. A pocketknife was removed from the suspect that the victim identified as the weapon used. The victim was tended to by West Chicago Fire Protection District paramedics and then transported to Northwestern Medicine Central DuPage Hospital. The suspect was advised he was under arrest at which time he began resisting arrest, pulling away and kicking officers. Officers gained control of the suspect and transported him to the Station. The DuPage County State’s Attorney’s Office approved a charge of Aggravated Battery to a Police Officer. The offender was also charged with Battery, Aggravated Assault and Resisting Arrest. The offender was transported to the DuPage County Jail. On March 13th, Officers Mielke, Berg, Rigler, Richards and Schoonhoven responded to a residence in the 800 block of W. Brown St. for a domestic involving a knife. Upon arrival it was learned the suspect had fled the area on foot and a victim was located with a laceration to his left knee. The victim’s wound was tended to by responding officers who called West Chicago Fire Protection District personnel to the scene. The victim was transported to Northwestern Medicine Central DuPage Hospital. Detectives Herbert and Peterson responded to assist in the investigation. It was determined the suspect allegedly threatened his girlfriend’s life. The victim had confronted the suspect about this and a struggle ensued during which the victim attempted to remove a knife from the suspect’s hands. The DuPage County State’s Attorney’s Office approved charges of Aggravated Domestic Battery and Aggravated Battery with a Weapon and warrants were obtained. On March 16th, the suspect was arrested, processed and transported to the DuPage County Jail. On March 20th, Detectives Calabrese and Flanigan were patrolling in the 1100 block of Bishop St. when they observed an occupied vehicle parked on the street. This vehicle is known to be used by documented gang members. The driver has a restriction on his driver’s license and cannot drive with more than one other individual in the car. When the vehicle began to move, a traffic stop was initiated and Officers Zepeda and Fearon arrived to assist. Upon speaking with the four occupants of the vehicle, officers detected an odor of cannabis emitting from the vehicle and an open container of alcohol was on the rear seat floorboard. A search of the vehicle was conducted and 46 grams of cannabis and a scale were found. The four subjects were placed under arrest and transported to the Station. The driver, who is a juvenile, will have charges filed in Juvenile Court for Possession of Alcohol by a Minor, Possession of Over 30 Grams of Cannabis, Unlawful Street Gang Contact (in violation of his probation order) and Driving While License Suspended. A second passenger, who is also a juvenile will also have charges filed in Juvenile Court for the charges of Possession of Alcohol by a Minor and Possession of Cannabis over 30 Grams. Both juveniles were released to their parents. The front seat passenger was charged with Possession of Alcohol by a Minor, Possession of Over 30 Grams of Cannabis, Unlawful Street Gang Contact, as the contact with gang members violated his bond conditions and then was released from custody. A fourth suspect was charged with Possession of Alcohol by a Minor and Possession of Cannabis then released from custody. On March 22nd, Officer Winton responded to the Station to meet with an individual about an unknown request. The subject advised he had been drinking with an individual at a residence in the 700 block of Lincoln St. during which he attacked and killed the individual. The suspect had a deep laceration on his hand so the West Chicago Fire Protection District was called to the Station. The suspect told Fire District personnel that had ingested “boric acid” and was transported to 10 ===== PDF PAGE 142 ===== [Extraction: embedded PDF text] Monthly Report Northwestern Medicine Central DuPage Hospital. While in the hospital, the suspect made additional voluntary statements to Detective Peterson incriminating himself in the death of the victim. The DuPage County State’s Attorney’s Office approved two counts of First-Degree Murder against the suspect. On March 27th, the suspect was released from the hospital and transported to the DuPage County Jail. March 31st, Officers Winton, O’Neil, Eversole and Gelsomino responded to a Residential Burglary call at a residence in the 700 block of Lincoln Ave. The caller stated they discovered evidence of forced entry to the lower unit and heard someone moving about in the apartment. Upon arrival, officers discovered a suspect in the lower unit. The complainant identified the suspect as a friend of the deceased occupant of the lower unit. The suspect stated the unit was unlocked and he returned to retrieve a backpack; however, there were pry marks noted on the door to the apartment. It was learned the suspect was wanted on a Failure to Appear warrant by the DuPage County Sheriff’s Office. The suspect was arrested and transported to the Station. While on scene, a subject approached Officer Gelsomino and advised her the suspect was attempting to sell appliances owned by the deceased occupant of the residence on the app Offer Up. The suspect was issued a local Ordinance citation for Criminal Trespass to Residence and released from custody. 11