(A) An administrative hearing shall be granted for the following:
(1) To adjudicate any alleged ordinance violation on its merits; and
(2) To contest the validity of a notice of impending impoundment, or, the validity of a notice of impending driver’s license suspension. The hearing shall be granted to the registered owner or operator of the “cited vehicle”, pursuant to 625 ILCS 5/11-208.3 or the lessee of the “cited vehicle”, 625 ILCS 5/11-1306, incorporated herein by reference, and at the date, time and place as is set forth by the Ordinance Enforcement Administrator and served upon the registered owner, operator or lessee for hearings contesting the validity of notices of impending impoundment.
(B) No continuances shall be authorized by the Hearing Officer at the hearing except where absolutely necessary to protect the rights of the individual. Lack of preparation does not constitute cause for a continuance. No continuance may be granted for more than 25 days.
(C) All administrative hearings shall be recorded and shall culminate in a determination of liability or non-liability, made by the Hearing Officer, who shall consider facts and/or testimony without the application of the formal or technical rules of evidence. Evidence including hearsay, may be admitted only if it is of a type commonly relied upon by reasonable prudent persons in the conduct of their affairs.
(D) The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with § 38.10. Persons appearing to contest the alleged violation on its merits may be represented by counsel at their own expense. The burden of proof shall be on the alleged offender to refute the prima facie case set forth in the verified notice of violation.
(Ord. 4013, passed 9-21-2009)