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§ 39.10 ADMINISTRATIVE HEARINGS.
   (A)   Presentation of county’s case. The case for the county may be presented by the Code Enforcement Officer or by the State’s Attorney. In no event, however, may the case for the county be presented by an employee of the Code Hearing Unit; provided, however, that documentary evidence, including the notice of violation, which has been prepared by another department or office of the county, may be presented at the hearing by the Hearing Officer.
   (B)   Presentation of the respondent’s case. The case for the respondent may be presented by the respondent or by the respondent’s attorney. If the respondent is a corporation, it may appear through any officer, director, manager or supervisor of the corporation. An attorney who appears on behalf of any respondent shall file with the Hearing Officer a written appearance on a form provided by the Code Hearing Unit for that purpose.
   (C)   Evidence at hearings.
      (1)   Hearing Officer. The Hearing Officer shall preside at the hearing, shall hear testimony and shall accept any evidence relevant to an alleged code violation.
      (2)   Testimony. All testimony shall be given under oath or affirmation.
      (3)   Liberal rules of evidence. The formal and technical rules of evidence shall not apply to the conduct of the hearing. Evidence, including hearsay, may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
      (4)   Burden of proof. A code violation must be established by a preponderance of the evidence; provided, however, that the Enforcement Officer’s signed violation notice and report form, or a copy thereof, shall be prima facie evidence of the existence of the code violation described in the form.
      (5)   Record of hearing. The record of all hearings before a Hearing Officer shall include:
         (a)   All documents presented at the hearing;
         (b)   A copy of the notice of the violation or notice of the hearing; and
         (c)   A copy of the findings and decision of the Hearing Officer.
      (6)   Finding, decision and order. Upon the conclusion of the hearing, the Hearing Officer shall make a determination upon the basis of the evidence as to whether a code violation exists. The determination shall be in writing and shall be designated as the Hearing Officer’s “Findings, Decision and Order.” The findings, decision and order shall include:
         (a)   The Hearing Officer’s findings of fact;
         (b)   A determination of whether a code violation exists based upon the findings of fact;
         (c)   An order imposing a fine or other penalty, directing the respondent to correct the violation or other sanctions provided in the code for violations, including the imposition of fines and the recovery of other costs of the proceedings, if the violation is proved; or an order dismissing the case if the violation is not proved; and
         (d)   In the case of a finding that a violation exists, a statement advising the respondent of the right to seek judicial review of the Hearing Officer’s findings, decision and order.
      (7)   Service of findings, decision and order. A copy of the findings, decision and order shall be served by personal service or by any method provided for service of the violation notice and report form under division (C)(6)(b) above.
(1993 Code, § 39.10) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.11 DEFAULT.
   If at the time set for a hearing the respondent or the respondent’s attorney fails to appear, the Hearing Officer may find the respondent in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation and enter a findings, decision and order. A copy of the order of default shall be served by personal service or by any method provided for service of the violation notice and report form under § 39.06(B).
(1993 Code, § 39.11) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.12 ADMINISTRATIVE REVIEW.
   The findings, decision and order of the Hearing Officer shall be subject to review in the Circuit Court of the county. The Administrative Review Law (735 ILCS 5/3-101 et seq.) and the rules adopted pursuant thereto shall apply to and govern every action for the judicial review of the final findings, decision and order of a Hearing Officer.
(1993 Code, § 39.12) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.13 SANCTIONS; TRANSFER OR CONVEYANCE OF PROPERTY.
   (A)   The order to correct a code violation and the sanctions imposed by a county against a respondent property owner as the result of a finding of a code violation under this subchapter shall attach to the property, subject to the interests of all lien holders of record, as well as to the owner of the property, so that the owner cannot avoid the finding of a code violation against the owner by conveying or transferring the property to another.
   (B)   Any subsequent transferee or owner of the property takes the property subject to the findings, decision and order of a Hearing Officer if a notice consisting of a copy of the order to correct a code violation and imposing any sanctions and costs, if applicable, and a description of the real estate affected that is sufficient to identify the property has been filed in the office of the Recorder by the county prior to the transfer or conveyance to the subsequent transferee or owner.
(1993 Code, § 39.13) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.14 ENFORCEMENT OF HEARING OFFICER’S ORDER.
   (A)   Fines, sanctions and costs as debt. Any fine or other sanction or costs imposed, or any part of any fine, or other sanction or costs imposed, remaining unpaid after the exhaustion of or failure to exhaust procedures for judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.) is a debt due and owed to the county and, as such may be collected in accordance with applicable law. Any subsequent owner or transferee of property takes subject to this debt if a notice has been filed pursuant to the foregoing § 39.13(B).
   (B)   Enforcement in Circuit Court. After expiration of the period within which judicial review under the Administrative Review Law (735 ILCS 5/3-101 et seq.) may be sought for a final determination of the code violation, the county may commence a proceeding in the Circuit Court for purposes of obtaining a judgment on the Hearing Officer’s findings, decision and order. The county may consolidate multiple findings, decisions and orders against a person or property in such a proceeding.
   (C)   Supporting documentation. Upon commencement of the action, the county shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order were issued in accordance with Division 5-41 of the Counties Code (55 ILCS 5/5-41005 through 41060) and the applicable county ordinance.
   (D)   Service of summons and petition. Service of the summons and a copy of the complaint for judgment may be by any method provided by § 2-203 of the Code of Civil Procedure (735 ILCS 5/2-203) or by certified mail, return receipt requested, provided that the total amount of fines or other sanctions and costs imposed by the findings, decision and order does not exceed $5,000.
(1993 Code, § 39.14) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
RULES FOR THE CONDUCT OF ADMINISTRATIVE HEARINGS
§ 39.25 GENERAL RULES.
   (A)   Creation and amendment of rules. The Director of the Code Hearing Unit, subject to the approval of the Legislative Committee, shall have the power to create and amend rules for the fair and efficient conduct of administrative hearings pursuant to the county code.
   (B)   Scope of rules. These rules shall apply to the conduct of all cases before the Code Hearing Unit.
   (C)   Supremacy of ordinances. Nothing in these rules shall act to override, restrict or relax the procedural requirements or provisions of the applicable provisions of the county code. In the event of a conflict between provisions of these rules and the county code, the county code shall take precedence.
   (D)   Effective date. These rules shall be in full force and effect upon the passage of “An Ordinance Amending the Madison County Code by Adding Chapter 39: Administrative Adjudication of Ordinance Violations” and promulgating “Rules for the Conduct of Administrative Hearings.”
   (E)   Parties. An action for administrative adjudication shall be brought in the name of the county as “petitioner.” The alleged violator of an ordinance shall be referred to as the “respondent.”
(1993 Code, § 39.25) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.26 DECORUM.
   Administrative hearings shall be conducted with proper decorum at all times. A Hearing Officer is expected to conduct the hearing room, the call and the proceedings in a timely, orderly and professional manner. A Hearing Officer may order the temporary removal of any individual who is causing or contributing to a disruption of the call or proceedings.
(1993 Code, § 39.26) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
§ 39.27 RECORD OF PROCEEDINGS.
   All proceedings may be recorded by audio tape or by other approved means. Respondents may, at their own cost, provide a certified or licensed court reporter to record proceedings. Video or audio recording not authorized by the Hearing Officer is prohibited.
(1993 Code, § 39.27) (Ord. 98-17, passed 11-18-1998; Ord. 2000-04, passed 3-15-2000)
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