The system of administrative adjudication of non-vehicular Code 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: a System Coordinator/Computer Operator and Hearing Room Personnel (Deputy), with the power, authority and limitations as are hereinafter set forth:
(A) Powers of the Hearing Officer. A Hearing Officer shall have all of the powers granted to hearing officers under State law, set forth at ILCS Ch. 65, Act 5, § 1-2.1-4, the provisions of which are incorporated herein by this reference including, but not limited to, the power to:
(1) Preside over all administrative hearings as the adjudicator.
(2) Administer oaths. It shall be the duty of each respondent and witness to rise and take the oath when called to do so by the Hearing Officer. Any person who addresses the Hearing Officer to present evidence shall be deemed to have taken the oath to be truthful and may be punished for not doing so, as provided by law.
(3) Hear testimony and accept evidence that is relevant to the existence of the Code Violation. Ask questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record.
(4) Subject to § 37.07, 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. A party issuing a subpoena shall include witness fees at the same rate as for a circuit court subpoena.
(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) Regulate the course of the hearing in accordance with this section, the rules adopted by the Village for the conduct of administrative hearings, and other applicable law.
(8) Issue 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 decision, and order setting forth the fine, penalty, including remediation, or action with which the person found liable must comply. The Hearing Officer's findings may be made orally.
(9) Impose penalties consistent with applicable Village Code provisions and assess costs upon finding a party liable for the alleged violation. Notwithstanding those violations for which the Illinois Municipal Code limits the fine or penalty to $750.00, the Hearing Officer shall have the authority to impose fines and penalties up to $50,000.00.
(10) Order the removal of persons whose conduct is disruptive to the hearing process.
(11) 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 mandatory fine shall be exclusive of costs of enforcement or costs imposed to secure compliance with the Village's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
(12) Request that the Village prosecutor, corporation counsel, or other attorney representing the Village attend to formally prosecute particular violations. In such a case, the Hearing Officer shall establish the order of proof. However, the citation shall remain prima facie evidence of the violation as provided in this Section.
(B) Powers of the System Coordinator/Computer Operator. 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) Hearing and notice dates.
(3) Fine and penalty assessments and payments.
(4) Issue receipts for payment.
(5) Issue succeeding notices of hearing dates or court dates and/or final determination of liability as directed by the Village or by the Hearing Officer in accordance with the provisions hereinafter set forth.
(6) Keep accurate records of appearances and non-appearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
(C) 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.
(D) Selection and Appointment of Personnel. The persons who shall hold the positions of Hearing Officer, Systems Coordinator/Computer Operator, and Hearing Room Personnel under this section shall be selected, and appointed according to the following procedures:
(1) The President is hereby authorized to appoint person(s) to hold the position of Hearing Officer.
(2) The Village Manager shall assign the duties of System Coordinator/Computer Operator and Hearing Room Personnel to Village employees.
(Ord. 10-2769, passed 4-13-10; Am. Ord. 10-2787, passed 8-24-10)