The system of administrative adjudication of ordinance violations shall be composed of a Hearing Officer, an Ordinance Enforcement Administrator, the Superintendent of Police and hearing room personnel, with the power and authority as follows.
(A) The Hearing Officer is hereby authorized and directed to:
(1) Preside over administrative hearings, as the adjudicator;
(2) Administer oaths;
(3) Issue subpoenas to secure the attendance of witnesses and production of relevant papers or documentation;
(4) Assess fines and penalties for any ordinance violation;
(5) Make final determinations of:
(a) Vehicular standing and/or parking regulation violation(s) liability; vehicle compliance violations; or any other ordinance violations authorized to be adjudicated pursuant to this chapter;
(b) Validity of notice of impending impoundment; and
(c) Validity of notice of impending driver’s license suspension.
(6) Provide for the accurate recordation of all administrative adjudication hearings.
(B) The Ordinance Enforcement Administrator is hereby authorized and directed to:
(1) Operate and manage the system of administrative adjudication of vehicular standing and/or parking regulation violations; vehicle compliance violations; vehicle license or sticker requirement violations; and any other city ordinance violations as may be permitted by law and directed by ordinance;
(2) Adopt, distribute and process all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter;
(3) Collect monies paid as fines and/or penalties assessed after a final determination of liability;
(4) Conduct hearings, as the Hearing Officer, with the same power and authority as is hereinafter set forth, during the absence of the appointed Hearing Officer;
(5) Certify copies of final determinations of vehicular standing and/or parking regulation violation liability, vehicle compliance violations, vehicle license or sticker requirement violations or any other ordinance violations adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which were issued in accordance with this chapter, the laws of the state, including ILCS Ch. 625, Act 5, § 11-208.3, as from time to time amended;
(6) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter, as hereinafter set forth, and those of ILCS Ch. 625, Act 5, § 6-306.5;
(7) Review any final determination of vehicular standing and/or parking regulation violation liability, vehicle compliance violation liability, validity of notices of impending impoundment or validity of notices of impending driver’s license suspension, in an administrative review capacity in accordance with the provisions of this chapter;
(8) Review any final determination of any vehicle sticker violation or any other ordinance violation adjudication pursuant to this chapter;
(9) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby established; and
(10) Collect unpaid fines and penalties through private collection agencies appointed by the Mayor, with the consent of the City Council, and by filing complaints in the County Circuit Court, or selecting or appointing an individual or agency to act on behalf of the city in filing complaints, seeking judgments for unpaid fines or penalties and pursuing all post-judgment remedies available under current law.
(C) The Ordinance Enforcement Administrator is hereby further authorized and directed to operate and maintain the computer programs for the administrative adjudication system hereby established, on a day-to-day basis, including, but not limited to:
(1) Inputting of violation notice information;
(2) Establishing hearing dates and notice dates;
(3) Recording fine and penalty assessment and payments;
(4) Issuing payment receipts;
(5) Issuing succeeding notice of hearing dates and/or final determination of liability; issuing notice of immobilization; issuing notice of impending impoundment; and issuing notice of impending driver’s license suspension, in accordance with the provisions hereinafter set forth; and
(6) Keeping accurate records of appearances and non-appearances at administrative hearings, pleas entered and fines and penalties assessed and paid.
(D) The Superintendent of Police is hereby authorized and directed to select or appoint an individual, agency or firm to tow and impound vehicles in accordance with the provisions of this chapter, as hereinafter set forth.
(E) (1) Hearing room personnel shall be any police officer or auxiliary police officer, and the persons are hereby authorized and directed to:
(a) Maintain hearing room decorum;
(b) Have and execute authority as is granted to courtroom deputies of the Circuit Court; and
(c) Perform other duties or acts as may reasonably be required and as directed by the Hearing Officer or the Ordinance Enforcement Administrator.
(2) The Mayor is hereby authorized to appoint persons to hold the positions set forth above. One person may hold and fulfill the requirements of one or more of the above-stated positions. Compensation for each of the above-stated positions shall be set by the Mayor, with the consent of the City Council.
(Ord. 96-07, passed 2-13-1996)