(A) The Lockport Ordinance Enforcement Division shall be composed of a hearing officer, an ordinance enforcement administrator, system coordinator/computer operator and such other personnel hereinafter appointed, with the power and authority as set forth in this subchapter.
(B) The Mayor is hereby authorized to appoint all hearing officers of the city. The City Administrator is hereby authorized to appoint all other persons to hold the positions set forth in this subchapter and such other personnel as needed, provided such additional positions are approved and funded by the City Council. 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 stated positions shall be as approved by the City Council.
(C) Hearing officer.
(1) The hearing officer shall preside over all adjudicatory hearings and shall have the following powers and duties:
(a) Preside at an administrative hearing called to determine whether or not a code violation exists;
(b) Hear testimony and accept evidence that is relevant to the existence of the City Code violation;
(c) Issue subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(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 City Code violation exists; and
(f) Impose penalties, sanctions or such other relief consistent with applicable City Code provisions and assess 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 or impose a fine in excess of $750. The maximum fine shall be exclusive of costs of enforcement or costs imposed to secure compliance with the city's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality. Fines for parking violations and motor vehicle violations shall be as set forth in § 38.34.
(2) Prior to conducting administrative adjudication proceedings under this subchapter, 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 ruling on evidence and issuing final orders.
(3) A hearing officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(4) A hearing officer shall be an independent contractor of the city and may be removed by the Mayor at any time with or without cause.
(D) Ordinance Enforcement Administrator. 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 subchapter or as may be reasonably required to carry out the purpose of this subchapter.
(3) Collect monies 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 subchapter, and any factual reports verifying the final determination of any violation liability which was issued in accordance with this subchapter, the laws of the State of Illinois, including ILCS Ch. 625, Act 5, § 11-208.3, 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 subchapter as hereinafter set forth, and those of state law.
(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.
(E) System coordinator/computer operator. The system coordinator/computer operator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the Lockport Ordinance Enforcement Department hereby created, on a day to day basis, including, but not limited to:
(1) Input of violation notice information.
(2) Establishing court dates and notice dates.
(3) Record fine and penalty assessment and payments.
(4) Issue payment receipts.
(5) Issue succeeding notice of hearing dates and/or final determination of liability; issue notice of immobilization; issue notice of impending impoundment; issue notice of impending driver's license suspension, as directed by the Ordinance Enforcement Administrator in accordance with the provisions hereinafter set forth.
(6) Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, fines and penalties assessed and paid.
(Ord. 16-006, passed 6-1-16)