(A) All administrative hearings conducted by the Ordinance Enforcement Department are open to the public and shall be presided over by a duly appointed administrative Hearing Officer who is charged with providing the parties a full and fair opportunity to be heard.
(B) Parties to an adjudicatory hearing may be represented by an attorney or other agent, present witnesses, and cross-examine opposing witnesses. Parties may request the administrative Hearing Officer to issue subpoenas as provided for in § 39.12.
(C) An attorney or agent who appears on behalf of any respondent shall file with the Hearing Officer a written appearance on a form provided by the Ordinance Enforcement Department stating, on oath or affirmation, that he has been authorized by the respondent to represent the respondent at the hearing.
(D) The Village shall not be represented by an employee or other representative of the Ordinance Enforcement Department; provided, however, that documentary evidence, prepared by another department of the Village and submitted to the Ordinance Enforcement Department, may be presented at the hearing by the administrative Hearing Officer.
(E) All administrative hearings shall be conducted on the date set for hearing. A continuance may be granted for good cause shown at the discretion of the Hearing Officer. The purpose of administrative hearings is to provide a prompt resolution of alleged Code violations, and accordingly, the request for, and granting of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance.
(F) All testimony shall be given under oath or affirmation.
(G) The Hearing Officer may issue subpoenas pursuant to § 39.12.
(H) The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(I) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of the notice of violation, issued in accordance with the applicable provisions of this chapter, shall be prima facie evidence of the correctness of the facts specified therein.
(J) It shall not be a defense that a compliance violation has been corrected prior to adjudication of the charge.
(K) The record of all hearings before a Hearing Officer shall include:
(1) A record of the testimony presented at the hearing, which may be made by tape recording or other appropriate means;
(2) All documents presented at the hearing;
(3) A copy of the notice of violation or notice of hearing; and
(4) A copy of the findings and decision of the Hearing Officer.
(L) Recording by any means by any member of the public is prohibited unless expressly authorized. However, any party may request that the proceedings be taken and transcribed by a certified court reporter. The cost of the reporter shall be borne by the party requesting the court reporter.
(M) At the conclusion of a hearing, the Hearing Officer shall issue his final determination. Based on the notice of violation and the evidence admitted, the Hearing Officer may issue the following determination: liable, not liable, or liable upon a plea or plea of no contest. The Hearing Officer also may dismiss the case with or without prejudice or grant a properly made motion by the Village voluntarily dismissing the case. If the Hearing Officer issues a final determination of liability, he may impose fines, assess costs and make specific orders to correct violations, all as are consistent with the specific Code provision(s) found to have been violated.
(N) At the conclusion of the hearing, the Hearing Officer shall inform the parties orally and in writing of his determination. Except as specified in this subsection, that determination constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law. Where a person fails to appear at the administrative hearing to contest the alleged violation on the date and at the time and place specified in a prior served or mailed notice pursuant to § 39.07, the Hearing Officer’s determination of liability shall become final either upon a denial of a timely petition to set aside that default order, or upon the expiration of the period for filing such a petition without a filing having been made.
(Ord. CO-03-11, passed 4-21-2003; Am. Ord. CO-2015-27, passed 9-15-2015)