The Code Hearing Department shall be comprised of a Hearing Officer, a Code Administrator, the Chief of Police, or his or her designee, the Director of Community Development, or his or her designee, and any other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Department, with the following powers and authority.
(A) Hearing Officer. All adjudicatory hearings shall be presided over by a Hearing Officer.
(1) Prior to conducting administrative adjudication hearings, the Hearing Officer shall have successfully completed a formal training program that includes the following:
(a) Instruction on the rules of procedure of the administrative adjudication hearings over which he or she will conduct and preside;
(b) Orientation to each subject area of the code for which he or she may adjudicate a violation;
(c) Observation of administrative adjudication hearings; and
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(2) In addition, a Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three years.
(3) A Hearing Officer may not be an inspector or law enforcement officer employed by the Village.
(4) Hearing Officers are hereby authorized, empowered and directed to:
(a) Hear testimony and accept evidence that is relevant to the existence of an ordinance violation;
(b) Issue subpoenas directing witnesses to appear and give relevant testimony or tangible items at an administrative adjudication hearing, upon the request of the parties or their representatives;
(c) Preserve and authenticate the record of the administrative adjudication hearings, including all exhibits and evidence introduced at the hearing;
(d) Issue a determination, based on the evidence presented at the administrative adjudication hearing, of whether a code violation occurred or exists.
1. The Hearing Officer’s determination shall be in writing; and
2. Shall include written findings of fact and law, a decision, and an order including the fine, penalty, award of enforcement costs, or other action with which the defendant must comply; and
(e) Impose penalties consistent with the applicable code and assess costs upon finding a party liable for the charged violation. The Hearing Officer shall have the authority to increase or decrease the fines set forth in the Code where evidence of aggravating or mitigating circumstances is presented. Enforcement costs are hereby determined to be $25 per citation and said costs shall be imposed for every violation that shall be determined to exist at hearing, regardless of the size or imposition of any fine for such violation. The monetary fine hereunder, and any limitations upon the same, shall be exclusive of enforcement costs or other reasonable costs incurred by the village to secure compliance with the code, including the costs incurred to bring a property into compliance or incurred to protect the public's safety. In no event shall the Hearing Officer have authority to impose a penalty of incarceration.
(B) Code Administrator.
(1) The Code Administrator shall either be a village employee appointed by the Village Administrator, or an independent contractor or agency contracted by the village to perform such duties as enumerated herein.
(2) The Code Administrator is hereby authorized, empowered and directed to:
(a) Operate and manage the system of administrative adjudication of all code violations, as may be permitted by law and directed by ordinance;
(b) Adopt, distribute and process all notices as may be required under this chapter or as may reasonably be required to carry out the purpose of this chapter;
(c) Collect moneys paid as fines and/or penalties assessed after a final determination of liability or to coordinate with the Director of Administrative Services for such purpose;
(d) Certify copies of final determinations of all code violations adjudicated pursuant to this division, and any factual reports verifying the final determination of any violation that were issued in accordance with this chapter or the laws of the State of Illinois, including ILCS Ch. 625, Act 5, 11-208.3 (standing, parking or condition of vehicles), as from time to time amended;
(e) Certify reports to the Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter and state law;
(f) Promulgate rules and regulations reasonably necessary for the efficient operation and maintenance of the system of administrative adjudication hereby established; and
(g) Collect unpaid fines and penalties through private collection agencies that may be retained by the village, or by requesting the Village Attorney to act on behalf of the village in filing complaints in the Kane County Circuit Court, seeking judgments for unpaid fines or penalties and pursuing all post-judgment remedies available under current law.
(C) Automation. The Code Administrator is hereby further authorized, empowered and directed to operate and maintain a computer program for the system of administrative adjudication hereby established, on a day-to-day basis, including, but not limited to:
(1) Inputting of violation notice information;
(2) Establishing hearing dates and notice dates;
(3) Recording fine and penalty assessments and payments;
(4) Issuing payment receipts;
(5) (a) Issuing succeeding notices of hearing dates and/or final determinations of liability, issuing notices of impending immobilization, issuing notices of impoundment, and issuing notices of impending driver’s license suspension, as may be required, in accordance with the Illinois Vehicle Code.
(b) Nothing in this section is intended to preclude the Code Administrator from including one or more of the above notices in the same notice report; and
(6) Keeping accurate records of appearances and non-appearances at administrative adjudication hearings, fines and other penalties assessed and paid.
(D) Police personnel.
(1) The Chief of Police shall appoint and/or designate a Police Officer or Officers who may be available to provide security for the administrative adjudication hearings.
(2) Such Officers are hereby authorized and directed to:
(a) Maintain hearing room decorum;
(b) Execute authority as granted to Courtroom Deputies of the Circuit Court; and
(c) Perform such other duties or acts as may be reasonably required and as directed by the Hearing Officer or the Code Administrator.
(Ord. 2004-16, passed 3-1-04; Am. Ord. 2007-53, passed 9-4-07; Am. Ord. 2017-25, passed 5-1-17)