The Village Ordinance Enforcement Department shall be composed of a Hearing Officer, an Ordinance Enforcement Administrator and Hearing Room Security Personnel, with the powers and authority as hereinafter set forth:
(A) The Hearing Officers shall have all powers necessary to conduct fair and impartial hearings, including, but not limited to:
(1) Administering oaths and affirmations;
(2) Holding conferences for the settlement or simplification of the issues;
(3) Hearing testimony;
(4) Ruling upon motions, objections, and the admissibility of evidence;
(5) Subject to the restrictions contained in § 39.12, at the request of any party or on the Hearing Officer's own motion, issuing subpoenas, directing witnesses to appear and give relevant testimony and directing the production of relevant books, records or other information;
(6) Preserving and authenticating the record of the hearing, including all exhibits and evidence admitted into the record at the hearing;
(7) Regulating the course of the hearing in accordance with this chapter, the rules adopted by the Department for the conduct of administrative hearings, or other applicable law;
(8) Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and record;
(9) Issuing and signing a written finding, decision and order stating whether a Village Code violation exists; and
(10) Upon finding a party liable, imposing fines, penalties and costs consistent with applicable Code violations, 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 $50,000. Where requested by the Village, the Administrative Hearing Officer is authorized to impose a term of community service in lieu of a fine. Such community service may be performed through a program administered by the Village, if available, or at a not-for-profit organization within the Village. Where a defendant fails to perform community service as ordered by the Administrative Hearing Officer, the term of community service may be converted to a fine.
(B) Prior to conducting administrative adjudication proceedings under this chapter, the Hearing Officer shall have successfully completed a formal training program that includes the following:
(1) Instruction on the rules of procedure of the administrative hearings over which the Hearing Officer shall preside;
(2) Orientation to each subject area of the Code violations that they will adjudicate;
(3) Observation of administrative hearings; and
(4) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(C) In addition, a Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years, and be in good standing with the Attorney Registration and Discipline Commission of the Supreme Court of Illinois.
(D) The Ordinance Enforcement Administrator shall have powers, including, but not limited to:
(1) Directing the Department with respect to its management and structure;
(2) Adopting, distributing and processing all notices as may be required under this chapter or as may be reasonably required to carry out the purpose of this chapter;
(3) Keeping accurate records of the proceedings, including, but not limited to, appearances, non-appearances, pleas entered, and fines and penalties assessed and paid;
(4) Collecting moneys paid as fines and penalties assessed after a final determination of liability;
(5) Certifying copies of final determinations of an ordinance violation adjudicated pursuant to this chapter and any factual reports verifying the final determination of any violation of liability which was issued in accordance with this chapter, and the laws of the State of Illinois including Illinois Vehicle Code, § 11-208.3 (625 ILCS 5/11-208.3) as from time to time amended;
(6) Promulgating rules and regulations for the conduct of administrative hearings;
(7) Performing the functions of the Village Traffic Compliance Administrator as delegated by §§ 39.30 et seq.; and
(8) Establishing any other necessary rules and regulations and performing any other duties and functions as may be required or appropriate to carry out the provisions of this chapter.
(E) The hearing room security personnel shall be qualified off-duty, full-time, part-time or auxiliary police officers and are authorized and directed to:
(1) Maintain hearing room decorum;
(2) Have and execute authority as is granted to courtroom deputies of the Circuit Court of Cook Country, Illinois; and
(3) Perform such other duties and/or acts as may reasonably be required and as directed by the Hearing Officer or Ordinance Enforcement Administrator.
(F) The Village Manager is authorized to employ persons to hold the positions as set forth above and such other persons as the Village Manager appoints to assist with the administrative adjudication system provided for in this chapter.
(Ord. CO-03-11, passed 4-21-2003; Am. Ord. 32, passed 9-19-2006)