The City Ordinance Enforcement Department shall be composed of Hearing Officer(s), an Ordinance Enforcement Administrator, and Hearing Room Security Personnel, with the power and authority as hereinafter set forth.
(a) The Hearing Officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
(1) Hearing testimony and accepting evidence that is relevant to the existence of the City Code violation;
(2) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(3) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(4) Issuing and signing a written finding, decision and order stating whether a City Code violation exists; and,
(5) Imposing penalties, sanctions or such other relief consistent with applicable City Code provisions and assessing 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.
(b) Prior to conducting administrative adjudication proceedings under this chapter, the Hearing Officer shall have successfully completed a formal training program which includes the following:
(1) Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside;
(2) Orientation to each subject area of the code violations that he/she will adjudicate;
(3) Observation of administrative hearings; and,
(4) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
In addition, a Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(c) The Ordinance Enforcement Administrator is authorized and directed to:
(1) Operate and manage the system of administrative adjudication of City ordinance 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 be reasonably required to carry out the purpose of this chapter, which includes the following:
A. Input of violation notice information;
B. Establishing court dates and notice dates;
C. Issue succeeding notice of hearing dates and/or final determination of liability;
D. Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, judgements entered, and sanctions imposed, if any.
(3) Collect and record moneys paid as fines and/or penalties assessed after a final determination of liability.
(4) Certify copies of final determinations of an ordinance violation adjudicated pursuant to this chapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this chapter, the laws of the State of Illinois, including 625 ILCS 5111-208.3, 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 as hereinafter set forth, and those of 625 ILCS 516-306.5.
(6) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
(7) Collect unpaid fines and penalties through private collection agencies and pursuit of all post judgment remedies available by current law.
(d) Hearing Room Security Personnel shall be qualified off-duty, full-time, part-time or auxiliary police officers who are hereby authorized and directed to:
(1) Maintain hearing room decorum;
(2) Have and execute authority as is granted to courtroom deputies of the circuit court;
(3) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer or Ordinance Enforcement Administrator.
The City Manager is hereby authorized to appoint persons to hold the positions above set forth. Other than the Hearing Officer, one person may hold and fulfill the requirements of one or more of the above stated positions and compensation for each of the above stated positions shall be as approved by the City Council in the annual appropriation ordinance.
(Ord. 2001-10. Passed 4–2-01; Ord. 2017-56. Passed 7-17-17.)