The system of administrative adjudication of any city ordinance violation authorized to be adjudicated hereunder shall be in accordance with the following procedure.
(A) When a police officer or other individual authorized to issue a code violation finds a code violation to exist, he or she shall note the violation on a multiple-copy violation notice and report form that indicates:
(1) The name and address of the defendant;
(2) The type and nature of the violation;
(3) The date and time the violation was observed; and
(4) The names of witnesses to the violation.
(B) The violation report form shall be forwarded to the Code Hearing Department, where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall be not less than 30 nor more than 40 days after the violation is reported. However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than 7 nor more than 40 days after the violation is reported.
(C) Any full-time or part-time police officer, as well as other specifically authorized individuals of any city department, shall have the authority to issue violation notices.
(D) One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be a part of the record of hearing; 1 copy of the report shall be returned to the individual representing the municipality in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated; and 1 copy of the report form shall be served by first class mail to the defendant, along with a summons commanding the defendant to appear at the hearing.
(E) At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, direct witnesses to appear and give testimony at the hearing. If on the date set for hearing the defendant or his or her attorney fails to appear, the hearing officer may find the defendant in default and shall proceed with the hearing and accept evidence relative to the existence of a code violation.
(F) No continuances shall be authorized by the hearing officer in a proceeding under this chapter, except in cases where a continuance is absolutely necessary to protect the rights of the defendant. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this chapter shall not exceed 25 days. The case within a municipality may be presented by an attorney designated by the municipality or by any other municipal employee, except that the case for the municipality shall not be presented by an employee of the Code Hearing Department. The case for the defendant may be presented by the defendant, his or her attorney, or any other agent or representative of the defendant.
(ILCS Ch. 65, Act 5, §§ 1-2.2-20, 1-2.2-25, and 1-2.2-30) (1983 Code, § 2-186) (Ord. 2923, passed 3-8-2001)