All Hearings conducted under the Administrative Hearing System shall be conducted by a Hearing Officer and shall be in accordance with the following rules and procedures:
(a) Hearing Date, Time and Place. The hearing will commence at the date, time, and place set forth in the Violation Notice, unless an initial continuance is granted by the Code Enforcement Administrator, providing that for Hearings scheduled in all non-emergency situations, if requested by the violator, the violator shall have at least 15 days after service of process to prepare for a Hearing. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, health, or welfare. If service is provided by mail, the 15-day period shall begin to run on the date that the notice is deposited in the mail.
(b) Audio Recording. The Hearings shall be audio recorded.
(c) Representation of Parties. The parties may be represented at the hearing by counsel, present witnesses, and cross-examine opposing witnesses. All counsel must file an appearance on a form provided by the Code Enforcement Administrator. The Village will be represented at hearings by the Village Prosecutor or Village Attorney or his or her designee.
(d) Subpoenas. Parties may request the Hearing Officer to issue, and the Hearing Officer shall have the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents pursuant to Section 2-185
of this Code.
(e) Rules of Evidence. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be admitted but only if it is of a type commonly relied upon by reasonable, prudent persons in the conduct of their affairs.
(f) Disposition of Hearings. Each Hearing that does not result in a negotiated resolution presented to the Hearing Officer pursuant to Section 2-185
shall culminate in a determination of liability or nonliability by the Hearing Officer after receipt of the evidence presented, or when the violator does not appear at the scheduled Hearing by entry of a determination of default liability.
(g) Hearing Officer Discretion and Remedies. Pursuant to, and subject to the limitations set forth in, Section 2-185
, the Hearing Officer shall, upon a determination of liability, have the discretion to assess fines and penalties in accordance with the Code, including without limitation to order the violator to undertake corrective actions to remedy each Violation. In addition, pursuant to, and subject to the limitations set forth in, Section 2-185
, the Hearing Officer shall assess administrative costs upon finding a violator liable for the charged Violation.
(h) Limitation of Authority. In no event shall the Hearing Officer have authority to: (a) impose a penalty of incarceration; or (b) impose a fine in excess of $50,000 for a single Violation. The maximum monetary fine imposed under this Section shall be exclusive of administrative costs, costs of enforcement, interest charges for late payments, or costs incurred by the Village to secure compliance with the Village's Code and ordinances, and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village.
(i) Hearing Room Personnel. Hearing room personnel shall be designated and appointed by the Village's Chief of Police and shall be authorized and directed to:
(1) Maintain hearing room decorum;
(2) Execute authority as is granted to courtroom deputies of the Circuit Court of Lake County and Circuit Court of Cook County; and
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or the Code Enforcement Administrator, including without limitation that police officers serving as hearing room personnel may provide relevant testimony under oath or affirmation as deemed appropriate by the Hearing Officer.
(j) Hearing Record. The record of all hearings before a Hearing Officer shall include: (1) the recording of the Hearing, (2) all documents presented at the Hearing, (3) a copy of the Violation Notice and (4) a copy of the findings and decision of the Hearing Officer.
(k) Hearings Concerning Juveniles. The hearing rules promulgated by the Code Enforcement Administrator shall include procedures for the confidentiality of hearings concerning alleged violations by juveniles. (Ord. O-24-28, 9-3-2024)