(A) Organization. The Ordinance Enforcement Department shall be composed of a hearing officer, an ordinance enforcement administrator, and such other personnel as deemed necessary and as appointed by the Village President, with the powers and authority as hereinafter set forth.
(B) Hearing officer.
(1) A hearing officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(2) The hearing officer shall have the following duties:
(a) Preside over all adjudicatory hearings to determine whether or not a village code violation exists and administer oaths and affirmations;
(b) Hear testimony and accept evidence that is relevant to the existence of a village code violation;
(c) At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, issue subpoenas directing witnesses to appear and give testimony at the hearing or produce relevant documents;
(d) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
(e) Issue and sign a written finding, decision and order stating whether a village code violation exists;
(f) Impose penalties and sanctions or such other 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 the authority to impose a penalty of incarceration, or fines in excess of $50,000;
(g) Upon a finding of liable a $30 penalty is to be imposed by the hearing officer as an administrative adjudication hearing cost. This additional penalty shall not be construed as part of the fine for the purposes of any reduction made in the fine for compliance.
(3) Prior to conducting administrative adjudication proceedings under this chapter, 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 hearings over which the hearing officer shall preside;
(b) Orientation to each subject area of the code violations that he or she will adjudicate;
(c) Observation of administrative hearings; and
(d) Participation in hypothetical cases, including rules on evidence and issuing final orders.
(4) The hearing officer shall be employed as an independent contractor of the village and shall not be considered an employee of the village. A hearing officer may be removed with or without cause by the Village President or his or her designee.
(C) Ordinance enforcement administrator. The ordinance enforcement administrator is authorized and directed to:
(1) Operate and manage the system of administrative adjudication of village 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.
(3) Collect monies paid as fines and/or penalties assessed after a final determination of liability.
(4) Certify copies of final determination 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 ILCS Ch. 625, Act 5, § 11-208.3 as from time to time amended.
(5) Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system hereby created.
(6) Collect unpaid fines and penalties through private collection agencies and pursuit of all post-judgment remedies available by current law.
(Ord. 1222, passed 4-23-24)