A. When the Village President, Village Administrator, Village Building and Zoning Officer, Village Code Compliance Officer, Village Forester or other individual authorized to issue a Code violation, makes a determination of a Code violation, he or she shall note the violation on a multiple copy violation notice and report form that indicates: 1) the name and address of the defendant, 2) the type and nature of the violation, 3) the date and time the violation was observed, 4) the names of witnesses to the violation and 5) in the case of a Building Code violation, the address of the property where the violation was observed. The violation report form shall be forwarded to the Code Hearing Division where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the notice is served. One (1) copy of the violation notice and report form shall be maintained in the files of the Code Hearing Division and shall be part of the record of the hearing, one (1) copy of the report form shall be returned to the individual representing the Village in the case so that he or she may prepare evidence of the Code violation for presentation at the hearing on the date indicated, and one (1) copy of the report form shall be served either in person or by first class mail to the defendant along with a summons commanding the defendant to appear at the hearing. In regard to a Building Code violation, if the name of the property owner cannot be ascertained or if the service cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled.
B. Parties shall be given notice of an adjudicatory hearing which includes the type and nature of the code violation to be adjudicated, the date and location of the adjudicatory hearing, the legal authority and jurisdiction under which the hearing is to be held, and the penalties for failure to appear at the hearing.
C. Parties shall be provided with an opportunity to give testimony at the adjudicatory hearing and may be represented by counsel, present witnesses, and cross examine opposing witnesses. Parties may request the hearing officer to issue subpoenas to direct attendance and testimony of relevant witnesses and the production of relevant documents. (Ord. 1195, 11-17-2010)
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