All hearings conducted under the administrative hearing system must be conducted by a hearing officer, in accordance with the following rules and procedures:
A. Scheduling:
1. Hearings conducted pursuant to this chapter on violations of title 6 of this code pertaining to automated traffic law violations and violations concerning the standing, parking and condition of vehicles must be scheduled and conducted within six (6) months after the date of the violation.
2. All other hearings conducted pursuant to this chapter must be scheduled not less than thirty (30) nor more than forty (40) days after the violation is reported, as provided in section 1-2.2-20 and section 11-31.1-4 of the Illinois municipal code.
B. Recording: Hearings must be recorded.
C. Representation: Any party may be represented by counsel, present witnesses, and cross examine opposing witnesses.
D. Subpoenas: Any party may request the hearing officer to issue, and the hearing officer has authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and production of relevant documents.
E. Evidence: Strict rules of evidence applicable to judicial proceedings do not apply to hearings conducted pursuant to this chapter. Any evidence, including hearsay, relevant to the existence of a code violation may be admitted.
F. Default For Failure To Appear: If on the date set for hearing the defendant or the defendant's attorney fails to appear, then the hearing officer may find the defendant in default and must proceed with the hearing and accept evidence relevant to the existence of a code violation.
G. Determination Of Violation: Each hearing culminates in the determination by the hearing officer whether there was a code violation.
H. Defenses Regarding Automated Traffic Law Violations And Violations Concerning The Standing, Parking And Condition Of Vehicles: In instances of an alleged violation of title 6 of this code pertaining to automated traffic law violations and the violations concerning standing, parking, and condition of vehicles, it is considered a defense to a violation charged if the owner, the owner's attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
1. The motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and not under the control of or in the possession of the owner at the time of the violation, as provided in section 11-208.6(i) of the Illinois vehicle code; or
2. The vehicle entered the intersection as part of a funeral procession; or
3. The vehicle entered the intersection in order to yield the right of way to an emergency vehicle; or
4. Any other evidence or issues in this code exist as a defense to an alleged violation of title 6 of this code.
I. Defenses Regarding Traffic Education Program: For purposes of the required traffic education program only, an owner may submit an affidavit to the court or hearing officer swearing that, at the time of the alleged violation, the vehicle was in the custody and control of another person. The affidavit must identify the person in custody and control of the vehicle, including the person's name and current address. The person in custody and control of the vehicle at the time of the violation is required to complete the required traffic education program. If the person in custody and control of the vehicle at the time of the violation completes the required traffic education program, the registered owner of the vehicle is not required to complete a traffic education program.
J. Defenses Regarding Violations Of Title 8: In instances of an alleged violation of title 8 of this code, defenses to a charged violation are set in section 11-31.1-9 of the Illinois municipal code. It is considered a defense to a violation charged if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
1. The violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed; or
2. The violation has been caused by the current property occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations; or
3. An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the violation.
K. No Incarceration, Fines Exceeding Authority, Or Threat: In no event does the hearing officer have authority to:
1. Impose a penalty of incarceration;
2. Impose a fine in excess of the amounts set forth in section 1-8-18 of this chapter for a violation; or
3. In cases of a violation of title 8 of this code, threaten or institute an action for eviction, abatement of a nuisance, forcible entry and detainer, or other similar action solely because an occupant agrees to testify or testifies at a hearing.
L. Hearing Room Personnel: Hearing room personnel may be designated and appointed by the village's chief of police and are authorized and directed to:
1. Maintain hearing room decorum;
2. Execute authority as is granted to courtroom deputies of the Lake County circuit court; and
3. Perform such other duties or acts as may reasonably be required and as directed by the hearing officer or the code enforcement administrator. (Ord. 2010-01-692, 1-18-2010)