A. There is hereby established a code hearing division in the Village. The code hearing division shall have jurisdiction to adjudicate any violation of any provision of the Village Code of North Barrington (previously and hereinafter referred to as "Code violations") including Building Code violations except for any offense under the Illinois Vehicle Code or any similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offenses under section 6-204 of the Illinois Vehicle Code 1 . (Ord. 1195, 11-17-2010)
B. Adjudicatory hearings shall be presided over by a Hearing Officer who shall be appointed pursuant to other provisions of the Village Code. The powers and duties of the Hearing Officer shall include: (Ord. 1303, 5-24-2017)
1. Hearing testimony and accepting evidence that is relevant to the existence of the Code violations;
2. Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon request of the parties or their representatives;
3. Preserving and authenticating the record of the hearing and all the exhibits and evidence introduced at the hearing;
4. Issuing a determination, based on the evidence presented at the hearing, of whether a Code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order, including the fine, penalty, or action with which the defendant must comply; and (Ord. 1195, 11-17-2010)
5. Imposing penalties consistent with the applicable Code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the Hearing Officer have the authority to: a) impose a penalty of incarceration, or b) impose a fine or collect delinquencies due to the Village in excess of seven hundred fifty dollars ($750.00) for each Village Code violation (except for Heritage Tree violations), being the limitation imposed by Illinois Statute, provided that each day of such violation may be subject to an additional fine of seven hundred fifty dollars ($750.00). Nothing in this section shall constitute a limitation on the jurisdiction of hearing officers to impose other fines or collect delinquencies due to the Village. (Ord. 1303, 5-24-2017)
C. Prior to conducting the administrative adjudication proceedings, the Hearing Officer shall have successfully completed a formal training program, which includes the following:
1. Instructions on rules of procedure of the administrative hearings which they will conduct;
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.
In addition, the Hearing Officer must be an attorney who has been licensed to practice law in the State of Illinois for at least three (3) years. (Ord. 1195, 11-17-2010)
Notes
| 1 | 2. 625 ILCS 5/6-204. |
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