The ordinance enforcement department shall be composed of one or more hearing officers, appointed by the village president with the advice and consent of the board of trustees, an ordinance enforcement administrator, a system coordinator, and hearing room personnel, all appointed by the village manager or his or her designee, with the powers and authority as hereinafter set forth:
(A) Hearing Officer: “Hearing officer” means a municipal employee or an officer or agent of the village, other than a law enforcement officer, who shall have all the powers and duties granted to a hearing officer by 65 ILCS 5/1-2.1-4, including without limitation:
1. hearing testimony and accepting evidence that is relevant to the existence of the code violation;
2. issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
3. preserving and authenticating the record of the hearing and all 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;
5. imposing penalties consistent with 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 authority to ( i) impose a penalty of incarceration, or ( ii) impose a fine in excess of the amounts provided for in the Village Code. The Hearing Officer does not have authority to waive, or impose an amount less than, the minimum amount set by the village;
6. postponing or continuing a defendant’ s hearing to a later hearing date; and
7. Ask questions of parties and witnesses.
(B) Hearing Officer Qualifications: Prior to conducting proceedings under this chapter, the hearing officer shall successfully complete a formal training program that includes the following:
1. Instruction on the rules of procedure of the hearings that they will conduct;
2. Orientation to each subject area of the municipal ordinance violations that they will adjudicate;
3. Observation of administrative hearings; and
4. Participation in hypothetical cases, including rules on evidence and issuing final orders.
In addition, every hearing officer must be an attorney licensed to practice law in the state of Illinois for at least three (3) years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of this subsection.
(C) Ordinance Enforcement Administrator: The ordinance enforcement administrator is authorized and directed to:
1. Operate and manage the system of administrative adjudication of village municipal ordinance violations as may be permitted by law and directed by ordinance;
2. Promulgate such rules and regulations reasonably required to operate and maintain such system;
3. Supervise the distribution and processing of notices as may be required under this section or as may be reasonably required to carry out the purpose of this section;
4. Supervise the collection of monies paid as fines and/or penalties assessed after a final determination of liability; and
5. Pursue all postjudgment remedies available by law.
(D) System Coordinator: The system coordinator is hereby authorized and directed to operate and maintain the computer programs for the administrative adjudication system of the ordinance enforcement department hereby created, on a day to day basis, including, but not limited to:
1. Input of municipal ordinance violation notice information;
2. Establishing court dates and notice dates;
3. Record determination of liability, fine and penalty assessment and payments;
4. Issue payment receipts;
5. Issue succeeding notice of hearing dates and/or final determinations of liability as directed by the ordinance enforcement administrator in accordance with the provisions hereinafter set forth;
6. Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, judgments entered, sanctions imposed, if any, and fines and penalties assessed and paid;
7. Collect unpaid fines and penalties and direct the pursuit of all postjudgment remedies available by law; and
8. Perform such other duties as directed by the village manager or ordinance enforcement administrator.
(E) Hearing Room Personnel: The hearing room personnel shall be qualified off duty, full time, part time or auxiliary police officers who are hereby authorized and directed to:
1. Maintain hearing room decorum;
2. Perform such other duties or acts as may reasonably be required and as directed by the hearing officer or ordinance enforcement administrator. (Ord. 2830, 11-7-2013; amd. Ord. 40903-7-2024)