"CITY CODE." The Code of Ordinances of the City of Danville.
"CITY OFFICIAL." All full-time and part-time police officers as well as any other officer or employee of the city authorized to enforce the city code.
"COMPLAINT." A formal written accusation against a person or entity (i.e., a ticket or notice of violation for a violation of the city code).
"DEFAULT." A failure to appear for a scheduled hearing or legal proceeding.
"HEARING OFFICER." An individual appointed by the Mayor, with the approval of the City Council, whose powers and duties shall include:
(1) Presiding at all administrative adjudication hearings called to determine whether or not a violation of the city code exists;
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at administrative hearings, upon the request of the parties or their representatives;
(3) Hearing testimony and accepting evidence relevant to the existence of a violation of the city code;
(4) Preserving and authenticating the record of administrative adjudication hearings and all exhibits and evidence introduced at such hearings;
(5) Issuing determinations, based on the evidence presented at administrative adjudication hearings, of whether a city code violation exists. The determinations shall be in writing and shall include written findings of fact, decisions, and orders, including fines, penalties, or actions with which respondents must comply; and
(6) Imposing penalties consistent with the applicable city code provisions and assessing costs upon finding a respondent liable for a violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration or (ii) impose a fine in excess of $50,000. The maximum monetary fine under this subsection shall be exclusive of the costs of enforcement or the costs imposed to secure compliance with the city code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the city.
Prior to conducting administrative adjudication proceedings, hearing officers shall have successfully completed a formal training program which includes the following:
(1) Instruction on the rules of procedure of the administrative hearings which they will conduct;
(2) Orientation to each subject area of city code violations which may be adjudicated;
(3) Observation of administrative hearings;
(4) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
In addition, every hearing officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
"PETITIONER." The person or entity making a city code violation allegation initiating the administrative adjudication hearing process.
"PRIMA FACIE EVIDENCE." The bare minimum of evidence needed to bring a case before a hearing officer.
"PROPERTY OWNER." The legal or beneficial owner of real property.
"RESPONDENT." A person or entity who is accused of a violation.
(Ord. 8088, passed 4-4-00)