The system of administrative adjudication of non-vehicular regulations violations shall be composed of a Code Hearing Unit which shall be comprised of a Hearing Officer, and may include any one or more of the following: an administrator, a computer operator/system coordinator and hearing room personnel (deputy), with the power, authority and limitations as are hereinafter set forth:
A. Powers of the Hearing Officer - The Hearing Officer shall have all of the powers granted to hearing officers under State law, set forth at 65 ILCS 5/1-2.1-4, the provisions of which are incorporated herein by this reference, including the power to:
1. Preside over all administrative hearings as the adjudicator.
2. Administer oaths.
3. Hear testimony and accept evidence that is relevant to the existence of the Code violation.
4. Issue subpoenas to secure the attendance of witnesses and the production of relevant papers or documentation upon the request of the parties or their representatives.
5. Rule upon objections and the admissibility of evidence.
6. Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.
7. Issue a determination, based on the evidence presented at the hearing, of whether a Village Code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order setting forth the fine, penalty, restitution of the Village for any damage suffered by the Village, or any other action with which the person found liable must comply.
8. Impose penalties consistent with applicable Village Code provisions and assess administrative costs in the amount of fifty dollars ($50.00) upon finding a party liable for the charged violation. Notwithstanding those violations for which the Illinois Municipal Code limits the fine or penalty to seven hundred fifty dollars ($750.00) the Hearing Officer shall have the authority to impose fines and penalties up to fifty thousand dollars ($50,000.00).
9. In no event shall a Hearing Officer have the authority to:
a. Impose a penalty of incarceration.
b. Impose a fine in excess of $50,000.00
c. The maximum monetary fine under subsection (b), above, shall be exclusive of costs of enforcement or costs imposed to secure compliance with the municipality’s ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
B. Powers of the Administrator - The Administrator shall be empowered and is authorized and directed to:
1. Operate and manage this system of administrative adjudication of non-vehicular Village Code violations.
2. Adopt, distribute and process Village Code violation notices and other notices as may be required to carry out the purpose of this Chapter.
3. Collect monies paid as fines and/or penalties assessed after a final determination of a Village Code violation.
4. Promulgate rules and regulations reasonably required to operate and maintain this administrative adjudication system.
5. Collect unpaid fines and penalties and otherwise pursue all post-judgment remedies available under law.
6. Compromise or otherwise settle Violation Notices prior to a hearing date. However, any such compromise should be made of record by the Administrator on the date the Violation Notice was scheduled to appear for hearing, with an explanation by the Administrator as to the reasons for such compromise. The Hearing Officer is also required to approve any such compromise or settlement at the hearing.
C. Powers of the System Coordinator - The system coordinator/computer operator shall operate and maintain computer programs for the administrative adjudication system created hereunder, on a day-to-day basis, including but not limited to:
1. Input of violation notice information.
2. Input of hearing and notice dates.
3. Input of fine and penalty assessments and payments.
4. Issuance of receipts for payment.
5. Issuance of succeeding notices of hearing dates or court dates and/or final determination of liability as directed by the administrator or by the hearing officer in accordance with the provisions hereinafter set forth.
6. Maintenance of accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
D. Powers of the Hearing Room Personnel - The hearing room personnel shall be full-time, part-time or auxiliary police officers. The hearing room personnel shall:
1. Maintain hearing room decorum.
2. Have and carry out such authority as is granted to courtroom deputies of the Circuit Court.
3. Perform such other duties or acts as may reasonably be required to maintain hearing room decorum as directed by the Hearing Officer, or by the Administrator.
E. Selection and Appointment of Personnel - The persons who shall hold the positions of hearing officer, administrator, computer operator/systems coordinator, and hearing room personnel under this Chapter shall be selected, and appointed according to the following procedures:
1. The Village President is hereby authorized to appoint (a) person(s) to hold the position of Hearing Officer.
2. In making selections, the Village President shall consider all pertinent information, including at a minimum:
a. Candidate's ability to comply with the job descriptions as set forth herein; and
b. Background and performance date made available to the Village President on file with the Village, or otherwise obtained by the Village; and
c. Whether the candidate meets the statutory criteria as an attorney licensed to practice law in the State of Illinois for at least three (3) years.
3. Administrator, System Coordinator and Hearing Room Personnel:
a. The Village Manager shall assign the duties of administrator, system coordinator and hearing room personnel to Village employees.
F. Compensation: Compensation to be paid for any of the above-stated positions shall be established annually by the Village President Board of Trustees.
G. Training of Personnel: Prior to a hearing officer conducting these administrative adjudication proceedings, the hearing officer must either
1. Demonstrate a minimum of three years experience as a hearing officer for a program of administrative adjudication of violations of non-vehicular regulations; or
2. Successfully complete a formal training program pursuant to 65 ILCS 5/1-2.1-4(c).
(Amd. Ord. 5566, 12-21-20)