The code hearing unit shall be composed of an administrative hearing officer, an ordinance enforcement administrator, the chief of police or his designee, hearing room personnel, and any other duly appointed person or persons deemed necessary for the efficient administration of the code hearing unit, with the following powers, duties and authority:
A. All adjudicatory hearings shall be presided over by an administrative hearing officer who shall be an attorney licensed to practice law in the state of Illinois for no less than three (3) years. The administrative hearing officer shall be appointed by the mayor with the advice and consent of the village board. Prior to conducting administrative adjudication hearings, the administrative 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 the code violations that they will adjudicate;
3. Observation of administrative hearings;
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders; and
B. Administrative hearing officers are hereby authorized, empowered and directed to:
1. Administer oaths;
2. Hear testimony and accept evidence that is relevant to the existence of an ordinance violation;
3. Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
4. Preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing;
5. Issue a determination, based on the evidence presented at the hearing, of whether a code violation occurred or exists. The administrative hearing officer's determination shall be in writing and shall include written findings of fact, decision, and order including the fine, penalty, or other action with which the respondent must comply;
6. Impose penalties consistent with applicable provisions of this code and assess costs upon finding a party liable for the charged violation, provided, however, that the administrative hearing officer shall not be authorized to: a) impose a penalty of incarceration, b) impose fines in excess of fifty thousand dollars ($50,000.00) against a single respondent, or c) levy a total fine and penalty in excess of two hundred fifty dollars ($250.00) for any one violation of a standing, parking or compliance regulation except that the total fine and penalty for any one violation of section 11-1301.3 of the Illinois Vehicle Code or similar provision of the village of Elk Grove Village ordinances shall not exceed three hundred fifty dollars ($350.00);
7. The maximum monetary fine under subsection B6 of this section shall, except as may otherwise be provided, be exclusive of costs of enforcement or costs incurred by the village to secure compliance with the village's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
(Ord. 3175, 6-17-2008)
Statutory reference:
625 ILCS 5/11-1301.3