(A) Subpoenas. At any time prior to the date set for the hearing, the Hearing Officer assigned to hear the violation, at the request of the authorized person issuing the violation notice or the alleged violator, may direct witnesses to appear and give testimony at the hearing.
(B) Continuances. No continuances shall be authorized by the Hearing Officer in proceedings under this Title III except in cases where a continuance is absolutely necessary to protect the rights of the alleged violator. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer under this chapter shall not exceed 25 days.
(C) Hearing and evidence.
(1) At the hearing, a Hearing Officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a village code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
(2) The case for the village may be presented by an attorney designated by the Village President or by any other village employee, except that the case for the village shall not be presented by an employee of the Ordinance Enforcement Department. The case for the alleged violator may be presented by the alleged violator, his or her attorney, or any other agent or representative of the defendant.
(3) If on the date set for hearing the alleged violator or his or her attorney fails to appear, the Hearing Officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
(4) Upon finding the alleged violator in default, the Ordinance Enforcement Administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the violator who received the notice of an ordinance violation; or the registered owner or operator of the "cited vehicle" at the address as is recorded with the Secretary of State, and shall be sent to the lessee of the "cited vehicle" at the address last known to the lessor of the "cited vehicle" at the time of the lease. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
(Ord. 08-07, passed 3-3-2008; Am. Ord. 08-15, passed 4-21-2008)