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(A) All administrative hearings shall be conducted on the date set for hearing. For good cause shown, a continuance may be granted at the discretion of the Hearing Officer. Lack of preparation shall not be grounds for a continuance. Continuances shall not go beyond the next scheduled hearing date, or 35 days, whichever is earlier.
(B) At any time prior to the hearing date, at the request of the Enforcement Officer, the attorney for the county, the respondent, or the attorney for the respondent, the Hearing Officer assigned to hear the case may issue subpoenas directing witnesses to appear and give testimony at the hearing or for the production of relevant documents. Service of the subpoena shall be the responsibility of the requesting party.
(C) If, at the time set for hearing, the respondent or his or her attorney fails to appear, the Hearing Officer shall proceed with the hearing and accept evidence relating to the existence of an ordinance violation. At the close of the hearing, upon sufficient evidence of a violation, the Hearing Officer may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served promptly in any manner for service of a notice of violation permitted by § 94.55 and applicable to the violation. A copy of the default judgment, which is a final determination, shall apprise the respondent of the procedure for setting aside the default judgment and also shall apprise the respondent of the availability of an appeal of the default judgment to the Circuit Court for the 19th Judicial Circuit, Lake County, IL.
(D) A respondent against whom a default judgment has been entered may file a motion with the Code Enforcement Unit to set aside the default judgment and for a new hearing. A motion to set aside a default judgment shall be filed within 21 days of entry of the default judgment. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. The motion will be heard and ruled upon by the Hearing Officer at the next scheduled hearing date. If the judgment is set aside, a new hearing date will be set.
(Ord. 12-0447, passed 5-8-2012; Ord. 13-0739, passed 7-9-2013)