All hearings conducted under the administrative hearing system shall be conducted by a Hearing Officer and shall be in accordance with the following rules and procedures:
(A) The date, time, and place shall be set forth in the hearing notice, provided that for hearings scheduled in all nonemergency situations, the violator shall have at least 15 calendar days after service of a hearing notice to prepare for a hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing. No hearing shall be scheduled or convened more than 45 calendar days from the date of service of a hearing notice. For purposes of this section, "NONEMERGENCY SITUATION" means any situation that does not reasonably constitute a threat to the public interest, safety, health, or welfare. If service is provided by mail, the 14-day period shall begin to run on the date that the notice is deposited in the mail. Hearings to be scheduled for situations other than nonemergency situations shall be scheduled at the earliest possible date, except that the violator in an emergency hearing situation shall have at least three calendar days after service of a notice to prepare for a hearing, unless otherwise provided in any applicable provision of the Village Code of Ordinances creating a right to a hearing.
(B) The hearings shall be audio recorded.
(C) Each hearing shall culminate in a determination of liability or nonliability by the Hearing Officer, or a determination of liability based upon the failure of the violator to appear at the scheduled hearing, whichever occurs first. In the case of a hearing on the impoundment of a vehicle under Chapter 81, the Hearing Officer shall make a determination sustaining or overruling the impoundment of the vehicle.
(D) Pursuant to, and subject to the limitations set forth in § 42A.07, the Hearing Officer shall, upon a determination of liability, have the discretion to assess fines and penalties in accordance with this Code, assess interest charges for late payments, and order the violator to undertake corrective actions to remedy the violation. In addition, pursuant to, and subject to the limitations set forth in § 42A.07 of this chapter, the Hearing Officer shall assess administrative hearing costs upon finding a violator liable for the charged violation in an amount not less than $50. In no event shall the Hearing Officer have authority to impose a penalty of incarceration or impose a fine in excess of $50,000 for a violation. In the event that the administrative hearing concerns the merits of an impoundment of a vehicle under Chapter 81 of the Village Code of Ordinances, the Hearing Officer shall, upon a determination that sustains the impoundment of the vehicle, enter an order forfeiting any administrative fee or bond paid or posted under Chapter 81 of the Village Code of Ordinances to the village, and shall, upon a determination that overturns the impoundment of the vehicle, enter an order requiring the village to reimburse any administrative fee paid to the village under Chapter 81 and to release any bond paid to the village to secure the release of any vehicle impounded under Chapter 81, all to the party having paid or posted the same.
(E) The maximum monetary fine imposed hereunder shall not be applicable to cases to enforce the collection of any tax imposed (together with applicable interest and penalties thereon) and collected by the village. In addition to the maximum monetary fine, the Hearing Officer may also impose any costs of enforcement, costs imposed to secure compliance with the village's ordinances and the costs of conducting the administrative hearing.
(F) Hearing room personnel, who shall be sworn law enforcement officers of the village, shall be designated and appointed by the Village's Chief of Police and shall be authorized and directed to:
(1) Maintain hearing room order and decorum; and
(2) Perform such other duties or acts as may reasonably be required and as directed by the Hearing Officer.
(Ord. 17-1382, passed 6-21-17; Am. Ord. 19-1570, passed 5-15-19)