(A) Administrative Adjudication. The Village shall utilize its system of administrative adjudication for automated traffic law violations. The administrative adjudication system for all violations of this chapter subject to administrative adjudication shall be comprised of a Code Hearing Unit which shall consist of a Hearing Officer and any other officials deemed necessary, including a Traffic Compliance Administrator and any ordinances identified by the Ordinances of the Village pertaining to such administrative hearing body. Such officers shall be vested with the power, authority and limitations as are hereinafter set forth.
(B) Powers of the Hearing Officer. The Hearing Officer shall have all of the powers granted to Hearing Officers under 65 ILCS 5/1-2.1-4, the provisions which are incorporated herein by reference, including the power to preside over all administrative hearings as the adjudicator, administer oaths, hear testimony and accept evidence that is relevant to the existence of the violation.
(C) Powers of the Traffic Compliance Administrator. The Traffic Compliance Administrator shall have all of the powers granted by 625 ILCS 5/11-208.3(b)(1), the provisions of which are incorporated herein by reference.
(D) Establishment of Hearing Unit. The Village President is hereby authorized to appoint necessary officers to establish the Code Hearing Unit and to otherwise comply with the terms herein.
(E) Adjudicative Hearing. The owner or lessee of a vehicle being operated in violation of § 76.03 may request a hearing by the respond-by date on the Notice of Violation (fourteen [14] days from the date of issuance), to challenge the evidence or set forth an applicable defense. A determination of automated traffic law violation liability shall occur following failure to pay the fine or penalty, or to contest the alleged violation within fourteen (14) days of the Notice of Violation. The hearing shall be tape recorded, and the Hearing Officer shall conduct the hearing in accordance with his or her powers and duties, enumerated herein. Alleged violators who appear at the administrative hearing to contest an alleged violation may be represented by legal counsel at their own expense, however, formal and technical rules of evidence shall not apply to the administrative hearing. The Hearing Officer shall enter either a default judgment or a determination of liability or non-liability in accordance with consideration of the facts and testimony, if any, which shall constitute a final determination of liability from which an appeal may be taken.
(Ord. 18-4102, passed 11-1-18)