(A) Administrative Adjudication: The purpose of this section is to provide a fair and efficient enforcement of city ordinances as may be allowed by law through an administrative adjudication of violations of such city ordinances. This section applies to all violations of this code or other ordinances of the city.
(B) Adoption:
1. The city hereby adopts division 2.2 of the Illinois municipal code, 65 Illinois Compiled Statutes 5/1-2.2-1 et seq., as amended, for adjudication of violations of this code to the extent permitted by the state constitution.
(C) Hearing Officer:
1. The hearing officer must be an attorney licensed to practice law in the state of Illinois for at least three (3) years.
2. The hearing officer shall be appointed by the mayor with the advice and consent of the city council.
(D) Procedures For Code Enforcement:
1. When a police officer or other individual authorized to issue a code violation finds a code violation to exist, he shall note the violation on a multiple copy report form that indicates:
(a) The name and address of the defendant;
(b) The type and nature of the violation;
(c) The date and time the violation was observed;
(d) The names of witnesses to the violation;
(e) The fine that may be assessed for late payment provided by the city of Momence fine schedule in section 1-4-1 of this title;
(f) The identification number of the officer issuing the notice;
(g) The report form shall contain information as to the availability of a hearing in which the violation may be contested on its merits.
(E) Payment:
1. The code violation report shall provide that the payment of the indicated fine, and of any applicable penalty for late payment shall operate as a final disposition of the violation.
(F) Procedures For Hearing:
1. Subpoenas; Defaults:
(a) At any time prior to the hearing date, the hearing officer may, at the request of either party, direct witnesses to appear, and give testimony at the hearing. If on the date set for the hearing, the defendant or his attorney fails to appear, the hearing officer may find the defendant in default, and shall proceed with the hearing, and accept evidence to the existence of a code violation.
2. Continuances; Representation At Code Hearings:
(a) No continuances shall be authorized by the hearing officer in proceedings under this section, except in cases where a continuance is absolutely necessary to protect the rights of the defendant. Lack of preparation shall not be grounds for a continuance. The case for the defendant may be presented by the defendant, the defendant's attorney, or any other agent or representative of the defendant, at the defendant's expense.
3. Evidence; Procedures For Hearing:
(a) Hearing Officer To Preside: At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this section. The correctness of facts contained in the code violation notice shall be certified by the police officer, or other individual authorized to issue a code violation issuing said notice by signing his name to the notice at the time of service.
(b) Evidence Of Correctness: Any violation notice issued, signed, and served in accordance herewith, or a copy of the notice, shall be prima facie correct, and shall be prima facie evidence of the correctness of the facts set forth on the notice.
(c) Notice Admissible In Legal Proceedings: The violation notice or a copy shall be admissible in any subsequent administrative or legal proceeding.
(d) Hearings Recorded: All hearings pursuant to this section shall have the audio recorded.
(G) Determination By Hearing Officer:
1. At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing, as to whether or not a code violation exists. The determination may be in writing, and may be designated as findings, decision, and order.
2. A monetary sanction for a violation under this section shall not exceed the amount provided in 65 Illinois Compiled Statutes 5/1-2-1 et seq., as amended. A copy of any finding, decision, and order shall be served on the defendant within five (5) days after it is issued. A monetary sanction for a violation under this section shall not exceed penalties, as provided in the city of Momence fine schedule in section 1-4-1 of this title. Furthermore, a penalty may include, or consist of, a requirement that the defendant perform some reasonable public service work.
(H) Review Under Administrative Law:
1. The determination of the hearing officer shall be subject to review in the circuit court of the county. The provisions of the administrative review law, 735 Illinois Compiled Statutes 5/3-101 et seq., as amended, and the rules adopted pursuant thereto, shall apply to and govern every action for the judicial review of the findings, decision, and order of a hearing officer under this section.
2. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the administrative review law, shall be a debt due, and owing the city, and, as such, may be collected in accordance with applicable law, and may result in the municipality's filing with the state of Illinois local debt recovery program (LDRP). (Ord. 775, 1-21-2014)