10-8-1: - ADMINISTRATIVE FEE:

The Police Department will charge an administrative fee of fifty dollars ($50.00) for the processing of individuals on any bookable arrest, including any arrest on a warrant.

(Ord. No. 11-172, § 1, 12-6-2011)

10-8-2: - REQUEST FOR HEARING:

1.

An individual may request, in writing within thirty (30) days of the imposition of the administrative fee, a hearing.

2.

The Chief of Police or his designee shall conduct the hearing.

3.

The hearing shall be informal, not subject to the formal rules of evidence, and may be conducted over the phone.

4.

If, after the hearing, the Chief of Police or his designee determine that the imposition of the administrative fee was proper then he shall direct the collection of the administrative fee.

5.

If there is a determination that imposition of the administrative fee was improper, then the arrestee shall not be required to pay the administrative fee. If the administrative fee has already been paid then the same will be refunded.

6.

The individual may appeal the decision of the Chief of Police, or his designee, by requesting, in writing, within fourteen (14) days of the decision, an administrative hearing as set forth herein.

(Ord. No. 11-172, § 1, 12-6-2011)

10-8-3: - APPEAL—ADMINISTRATIVE HEARING:

1.

Upon the timely written request by the individual who has been charged the administrative fee, a hearing on the lawfulness of the imposition of the administrative fee shall be conducted in conjunction with the administrative hearing section of this Code, Sections 11-1-10 et seq.

2.

Any sworn or affirmed report that is prepared in the performance of a law enforcement officer's duties and sufficiently describes the circumstances leading to the individual's arrest and processing shall be admissible prima facie evidence of probable cause and the individual's liability, unless rebutted by clear and convincing evidence.

3.

If after the hearing, the hearing officer finds that the imposition of the administrative fee was proper under the terms of this Chapter, the Hearing Officer may enter a written order finding the individual civilly liable to the City of Naperville.

4.

If the individual requests a hearing but fails to appear at the hearing, the hearing officer may enter a default order for the amount of the administrative fee against the individual.

5.

If the individual fails to timely request a hearing, an order for the amount of the administrative fee shall be entered against the individual, unless said individual has affirmatively waived the right to an administrative hearing and agreed to pay the administrative fee.

6.

If after hearing, the hearing officer finds that the imposition of the administrative fee was improper then, the individual will not be charged the administrative fee.

(Ord. No. 11-172, § 1, 12-6-2011)

10-8-4: - ADMINISTRATIVE FEE A DEBT:

The administrative fee imposed upon an individual shall constitute a debt due and owing to the City. If an individual has not previously paid the administrative fee, the individual shall have thirty (30) days to pay the debt. If not paid, the City may seek to obtain a judgment on the debt and collect the judgment in any manner provided by law.

(Ord. No. 11-172, § 1, 12-6-2011)