(A) All administrative hearings are open to the public and shall be presided over by a duly appointed Hearing Officer who is charged with providing the parties a full and fair opportunity to be heard.
(B) All administrative hearings shall be conducted on the date set for hearing. For good cause shown, a continuance may be granted at the discretion of the Hearing Officer. The purpose of administrative hearings is to provide a prompt resolution of alleged code violations, and accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance.
(C) The formal and technical rules of evidence shall not apply in the conduct of the administrative hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. The Hearing Officer shall permit persons to contest the merits of an alleged Violation subject to the administrative adjudication procedures of this section without attending a hearing.
(D) A violation shall be deemed prima facie true and correct and shall be considered prima facie evidence of the facts alleged therein and shall be deemed to state a claim and meet the requirements of this section, unless specifically stated otherwise by the Hearing Officer.
(E) The record shall be preserved. Such preservation may be made by tape recording or other appropriate means.
(F) Determination of Liability. Hearings shall result in a default judgment, or a determination of liability or non-liability, made by the Hearing Officer, who shall consider facts and/or testimony. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with this section and issue a notice of final determination that shall contain, at a minimum, the following information and warnings:
(1) The decision and order of the Hearing Officer.
(2) A date by which the violation must be brought into compliance with the Code, if applicable.
(3) A statement that the unpaid fine and any penalty assessed is a debt due and owing the Village.
(4) A warning that the findings, decision and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. And in the case in which a respondent fails to comply with a judgment ordering the correction of a code violation or imposing any fine or other sanction as a result of the code violation, a statement that any expenses incurred by the Village to enforce the judgment, including but not limited to, attorneys' fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owing the Village and may be collected in accordance with applicable law.
(G) Default. A notice of judgment entered by default shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability stating that the judgment may be set aside by the Hearing Officer if, within 14 days of issuance of the judgment, a petition is received stating what the Hearing Officer determines is good cause for failure to appear. The Hearing Officer, upon making a determination of good cause shall provide the petitioner with notice of a new hearing date or denial of the petition. The default judgment shall state that it shall constitute a final determination of liability if such petition is not received, if the petition is denied, or if after setting of a new hearing date the person fails to appear.
(H) Final Determination. The determination of liability shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law as set forth in ILCS Ch. 735, Act 5, §§ 3-101 et seq. of the Illinois Code of Civil Procedure, which sections are incorporated herein by reference.
(Ord. 10-2769, passed 4-13-10; Am. Ord. 10-2787, passed 8-24-10)