(a) Default. If at the time set for Hearing, the violator, or his attorney or agent of record, fails to appear, and the Hearing was neither postponed by the Code Enforcement Administrator, pursuant to his or her authority under Section 2-186
, nor continued by the Hearing Officer pursuant to his or her authority under Section 2-185
, the Hearing Officer may enter a finding of default and impose liability against the violator, including the assessment of fines up to the maximum permitted for each violation and of administrative costs. A copy of the finding of default, which is a final determination, shall be sent promptly to the violator by first-class mail, postage prepaid, and shall apprise the violator of the procedure for setting aside the finding of default pursuant to this section and of the availability to appeal the finding of default to the Circuit Court of Lake County or the Circuit Court of Cook County.
(b) Set Aside of Default. A written petition to set aside a finding of default shall be considered, in accordance with the following procedures:
(1) The petition must be filed by the violator or his or her agent with the Code Enforcement Administrator not later than 21 days from the date on which the finding of default was made, provided that a violator may file a petition to set aside the finding of default at any time if such violator establishes that the Village did not provide proper service of process.
(2) The Hearing Officer, or the Code Enforcement Administrator if authorized by the rules governing the Administrative Hearing System, shall render a decision on a timely filed petition promptly after the date of receipt of the petition.
(3) The grounds for setting aside a finding of default shall be limited to the following:
(A) The person, against whom the finding of default is made, not being the owner or lessee of the cited vehicle or not being the owner, tenant, or manager of the cited property on the date the Violation Notice was issued;
(B) The person having paid the fine or penalty prior to the finding of default for the Violation in question;
(C) Excusable failure to appear at or request a new date for any Hearing; or
(D) The violator establishes that the Village did not provide proper service of process.
(4) Should the finding of default be set aside, the Code Enforcement Administrator shall notify the violator that the finding of default has been set aside, as well as any default fines and administrative costs, and of the date, time and place for a new Hearing on the merits of the Violation. Notice will be provided by first-class mail, postage prepaid, to the address set forth on the petition hereunder, and service thereof shall be complete on the date the notice is deposited in the United States mail. The Hearing Officer shall have authority to enter an order extinguishing any lien that has been recorded for any debt due and owing the Village as a result of the vacated finding of default. (Ord. O-24-28, 9-3-2024)