The Code Hearing Department shall consist of, upon appointment by the Mayor with the advice and consent of the Village Board and under the direct supervision of the Mayor, a Hearing Officer and an Administrative Assistant (or, in the event an Administrative Assistant is not hired, the Village Clerk shall perform the duties of the Administrative Assistant as listed below) and any other such positions as may be approved by the Village Board of Trustees with the powers and duties as set forth herein. Compensation for the Hearing Officer and the Administrative Assistant (or additional compensation for the Village Clerk for additional duties) shall be as approved by the Village Board.
(A) Hearing Officer Duties And Qualifications: A Hearing Officer must be, prior to appointment, an attorney licensed to practice law for at least three (3) years in the State of Illinois. The Hearing Officer shall have the following powers and duties:
1. To administer oaths;
2. To hear testimony, to accept relevant evidence and to rule upon motions and objections to the admissibility of evidence;
3. To issue subpoenas directing witnesses to appear and give relevant testimony at the hearing upon requests of the parties and their representatives;
4. To preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
5. To issue a written finding, decision and order stating whether a Village Code violation exists;
6. To impose penalties, sanctions or other relief consistent with applicable Village Code provisions and to assess costs upon finding a party liable for the charged violation, except however, that in no event shall the Hearing Officer have any authority to impose a penalty of incarceration;
7. To review final determination of liability for an ordinance violation in accordance with administrative review procedures hereinafter set forth; and
8. To hold conferences for the settlement or simplification of issues.
(B) Training For Hearing Officers: Prior to conducting administrative adjudication proceedings under this chapter, the Hearing Officer shall have successfully completed a formal training program which includes the requirements mandated by law including, but not limited to:
1. Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside;
2. Orientation to each subject area of code violations that he/she will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(C) Administrative Assistant Duties:
1. Receive violations from the Code Enforcement Officer and/or building inspector, create an administrative adjudication file for each case and issue a unique docket number to the case, set a hearing date at least thirty (30) days from the date the violation is received but not more than forty (40) days from the date the violation is received;
2. Create a proper notice and summons for the defendant as required by law;
3. Have the summons and notice served on the defendant and schedule the hearing with the Hearing Officer;
4. Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid;
5. Issue succeeding notice of hearing dates and/or final determination of liability;
6. Collect monies paid as fines and/or penalties assessed after a final determination of liability;
7. Certify copies of final determinations of an ordinance violation adjudicated pursuant to this chapter and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter;
8. Collect paid fines and penalties; keep records; and issue payment receipts;
9. If fines and penalties are not paid as agreed, set up payment plans with the violators, employ a private collection agency to obtain the past due amounts and/or direct the pursuit of all postjudgment remedies available by law. (Ord. 803, 2-24-2015)