The system of administrative adjudication of village ordinances shall provide for an Ordinance Enforcement Administrator, Hearing Officer and Hearing Room Security Personnel with the power, authority and limitations as are hereinafter set forth.
(A) Ordinance Enforcement Administrator. Ordinance Enforcement Administrator shall be empowered and authorized and directed to:
(1) Operate and manage the system of administrative adjudication of village ordinance violation as may be permitted by law and directed by ordinance;
(2) Adopt, distribute and process all notices as may be required under this subchapter or as may reasonably be required to carry out the purpose of this subchapter;
(3) Collect moneys paid as fines and/or penalties assessed after a final determination of liability;
(4) Certify copies of final determinations of an ordinance violation adjudicated pursuant to this subchapter, and any reports verifying the final determination of any violation liability which was issued in accordance with this subchapter, the laws of the State of Illinois, including ILCS Ch. 625, Act 5, § 11-208.3;
(5) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with this subchapter and the laws of the State of Illinois, including ILCS Ch. 625, Act 5, § 6-306.5;
(6) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created;
(7) Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by law; and
(8) At the direction of the Ordinance Enforcement Administrator, the System Coordinator/Computer Operator is hereby authorized and directed to operate and maintain the computer program for the administrative adjudication system created by this subchapter for the Village of Calumet Park, on a day-to-day basis, including, but not limited to:
(a) Input of violation notice information;
(b) Establishing court dates and notice dates;
(c) Record fine and penalty assessment and payments;
(d) Issue payment receipts;
(e) Issue succeeding notice of hearing dates and/or final determination of liability; issue notice of immobilization; issue notice of impending impoundment; issue notice of impending drivers license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provision hereinafter set forth; and
(f) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, sanctions imposed, if any, fines and penalties assessed and paid.
(B) Hearing Officer. The Hearing Officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the code violation;
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(3) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(4) Issuing and signing a written finding, decision and order stating whether a code violation exists;
(5) Imposing penalties consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except however, that in no event shall the Hearing Officer have authority to impose a penalty of incarceration or any other penalty in excess of that allowed by law; and
(6) Prior to conducting administrative adjudication proceedings, the Hearing Officer shall have successfully completed a formal training program which includes the following:
(a) Instruction on the rules of procedure of the administrative hearings which they will conduct;
(b) Orientation to each subject area of the code violations that they will adjudicate;
(c) Observation of administrative hearings;
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders; and
(e) In addition, a Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(C) Hearing Room Security Personnel. Hearing room security personnel shall be qualified, full-time, part-time or auxiliary police officers who are hereby authorized and directed to:
(1) Maintain hearing room decorum;
(2) Have and execute authority as is granted to courtroom deputies of the Circuit Court; and
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or Ordinance Enforcement Administrator.
(D) Appointments. The Mayor is hereby authorized to appoint persons to hold the positions above set forth. Other than the Hearing Officer, one person may hold and fulfill the requirements of one or more of the above stated positions and compensation for each of the above stated positions shall be as approved by the Village Board.
(Ord. 98-710, passed 5-28-1998)