The Code Hearing Department shall be comprised of the Hearing Officer, the Code Administrator, any designated member of law enforcement, and any other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Department, with the following powers and authority:
(A) Hearing Officer: All adjudicatory hearings shall be presided over by the Hearing Officer appointed by the Mayor with the advice and consent of the City Council.
1. Prior to conducting administrative adjudication hearings, the Hearing Officer shall have successfully completed a formal training program which includes the following:
(a) Instruction on the rules of procedure of the administrative adjudication hearings that they will conduct and preside over;
(b) Orientation to each subject area of the code for which they may adjudicate a violation;
(c) Observation of administrative adjudication hearings; and
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
2. In addition, the Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three (3) years. The Hearing Officer may not be an inspector or law enforcement officer employed by the City.
3. The Hearing Officer is hereby authorized, empowered and directed to:
(a) Hear testimony and accept evidence that is relevant to the existence of an ordinance violation;
(b) Issue subpoenas directing witnesses to appear and give relevant testimony or tangible items at an administrative adjudication hearing, upon the request of the parties or their representatives;
(c) Preserve and authenticate the record of the administrative adjudication hearings, including all exhibits and evidence introduced at the hearing;
(d) Issue a determination, based on the evidence presented at the administrative adjudication hearing, of whether a code violation occurred or exists. The Hearing Officer's determination shall be in writing and shall include written findings of fact and law, a decision, and an order including the fine, penalty or other action with which the defendant must comply; and
(e) Impose penalties, sanctions, or other such relief consistent with applicable provisions of this Code and assess costs upon finding a party liable for the charged violation, except however, that in no event shall the Hearing Officer have authority to impose a penalty of incarceration or impose a fine in excess of seven hundred fifty dollars ($750.00) per violation or offense. The maximum monetary fine under this subsection (A)3(e) shall be exclusive of costs of enforcement or costs incurred by the City to secure compliance with this Code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City.
(B) Code Administrator: The Code Administrator shall either be an employee of the City appointed by the Mayor with the advice and consent of the City Council, or an independent contractor or agency contracted by the City to perform such duties as enumerated herein. The Code Administrator is hereby authorized, empowered and directed to:
1. Operate and manage the system of administrative adjudication of all code violations as may be permitted by law and directed by ordinance;
2. Adopt, distribute and process all notices as may be required under this chapter or as may reasonably be required to carry out the purpose of this chapter;
3. Collect moneys paid as fines and/or penalties assessed after a final determination of liability;
4. Certify copies of final determinations of all code violations adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation which were issued in accordance with this chapter or the laws of the State of Illinois, including Illinois Compiled Statutes ch. 625, Act 5, section 11-208.3 (standing, parking or conditions of vehicles) as from time to time amended;
5. Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter and those of Illinois Compiled Statutes ch. 625, Act 5, section 6-306.5 (failure to pay fine - suspension);
6. Promulgate rules and regulations reasonably necessary for the efficient operation and maintenance of the system of administrative adjudication hereby established; and
7. Collect unpaid fines and penalties through private collection agencies that may be retained by the City or by requesting the City Attorney to act on behalf of the City in filing complaints in the Lee County Circuit Court, seeking judgments for unpaid fines or penalties and pursuing all post-judgment remedies available under current law.
(C) Automation: The Code Administrator is hereby further authorized and empowered to operate and maintain a computer program for the system of administrative adjudication hereby established, on a day-to-day basis, including, but not limited to:
1. Inputting of violation notice information;
2. Establishing hearing dates and notice dates;
3. Recording fine and penalty assessment and payments;
4. Issuing payment receipts;
5. Issuing succeeding notice of hearing dates and/or final determinations of liability and issuing notices of impending driver's license suspension as may be required, in accordance with the Illinois Vehicle Code. Nothing in this section is intended to preclude the Code Administrator from including one or more of the above notices in the same notice report; and
6. Keeping accurate records of appearances and non-appearances at administrative adjudication hearing, pleas entered and fines and other penalties assessed and paid.
(D) Security: The City may choose to provide security for administrative adjudication hearings, in order to maintain hearing room decorum and perform such other duties or acts as may be reasonably required and as directed by the Hearing Officer or the Code Administrator. (Ord. 3143, 6-3-2019)