A. Continuances: No continuances shall be authorized by the hearing officer in proceedings under this chapter except in cases where a continuance is absolutely necessary to protect the rights of the alleged violator. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this chapter shall not exceed thirty (30) days.
B. Hearing And Evidence:
1. At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a village code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
2. The case for the Village may be presented by an attorney designated by the Village President or by any other Village employee. The case for the alleged violator may be presented by the alleged violator, his or her attorney, or any other agent or representative of the violator.
3. If on the date set for hearing the alleged violator or his or her attorney fails to appear, the hearing officer may find the alleged violator in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
4. Upon finding the alleged violator in default, the ordinance enforcement administrator shall send or cause to be sent notices by first class mail, postage prepaid, to the violator who received the notice of an ordinance violation. Service of notices sent in accordance herewith shall be complete as of the date of deposit in the United States mail.
5. A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within twenty one (21) days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection, the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.
C. Findings, Decision And Order:
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.
2. The determination shall be in writing and shall be designated as the findings, decision, and order, including the fine, penalty or action with which the defendant must comply.
3. The findings, decision, and order shall include:
a. The hearing officer's findings of fact;
b. A decision of whether or not a code violation exists based upon the findings of fact;
c. In the case of a code violation other than a building code violation, an order that states the sanction or dismisses the case if a code violation is not proved.
d. In the case of a building code violation only, an order ordering the owner to correct the building code violation or dismissing the case if a building code violation is not proved; and
e. In the case of a building code violation, if a building code violation is proved, the order may also impose the sanctions that are provided in the building code for the building code violation proved.
4. A monetary sanction under this chapter shall be consistent with applicable Village code provisions with a maximum of fifty thousand dollars ($50,000.00) for all code violations.
5. The maximum monetary fine imposed under the Village code shall be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Village code, and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village.
6. A copy of any findings, decisions, or orders shall be served on the alleged violator within five (5) days after it is issued. Service shall be made in person or by first class mail.
7. Payment of any penalty or fine and the disposition of any fine money shall be in the manner as set forth in the Village code.
8. In the case of a building code violation only, the order to correct a building code violation and the sanctions imposed by the Village as the result of a finding of a building code violation under this Chapter shall attach to the property as well as to the property owner so that a finding of a building code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of the property takes subject to the findings, decision and order of a hearing officer under this chapter. (Ord. G-944, 3-8-2011; Ord. G-1247, 1-9-2024)