All matters to be adjudicated by the Administrative Hearing Officer shall be commenced against the party alleged to have violated one or more Code provisions by issuing and serving upon that party a charging document and shall be conducted in accordance with the following procedures:
(A) The charging document shall be issued by a village officer or employee authorized to exercise Code enforcement authority.
(B) Any charging document issued pursuant to this section shall contain the following information:
(1) The name, 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 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;
(4) The section(s) of the Code alleged to have been violated;
(5) The date, time, and place of the alleged violation(s);
(6) A sufficient description of the activity or conduct alleged to constitute a violation of each Code section set forth in the charging document or a sufficient description of the facts giving rise to the allegations set forth in the charging document; and
(7) The date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the charging document.
(C) The village officer or employee shall certify the correctness of the information required by this subsection by signing his name to the charging document to be issued. The certification of correctness required under this subsection shall establish prima facie evidence of the correctness of the facts alleged in the violation notice. In the case of a notice produced by a computer device, a single certificate may be signed and kept by the Administrative Adjudication Administrator, attesting to the correctness of all notice produced by the device while under his or her control.
(D) The administrative hearing shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, the respondent shall have at least 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.
(E) 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: (i) 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; (ii) by certified mail; (iii) by personal service; (iv) 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 or certified mail, the 15-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.
(F) The original or a legible copy of the notice of violation, citation, or other charging document shall be filed with the Administrative Adjudication Administrator as soon as practicable at the place and in the manner as the Administrative Adjudication Administrator directs. Upon receiving the original or legible copy of the charging document, the Administrative Adjudication Administrator shall select a hearing date and give respondent notice of the date, time, and place of the hearing in the manner set forth in division (D) of this section, unless the charging document sets forth the date, time, and location of the hearing and was served personally on the respondent.
(G) Parties to an adjudicatory hearing may be represented by an attorney or other agent, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas.
(Ord. 2019-07-22, passed 7-15-2019)