(A) Institution of a hearing. A proceeding before a Hearing Officer shall be instituted upon the filing with the Code Administrator of a written sworn pleading, complaint or citation by any authorized village official, including Police Officers, Code Enforcement Officers, and such other employees as may be authorized so to do.
(1) In the event a complaint causing the initiation of a hearing is filed by a tenant or occupant of a dwelling who is not also the owner thereof, no action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding, whether it be civil or criminal, shall be threatened or instituted against such tenant or occupant solely because such tenant or occupant files such complaint or agrees to testify or present tangible evidence at an administrative adjudication hearing.
(2) The foregoing sentence shall not apply, if the owner proves by a preponderance of the evidence that such tenant or occupant is the proximate cause of the violation for which the hearing is commenced.
(B) Service of a notice of a hearing.
(1) Defendants shall be served with a copy of the written sworn pleading, complaint or citation, along with a notice of hearing, in a manner reasonably calculated to give them actual notice of the proceeding instituted against them, by one of the following means:
(a) Personal service upon a party or its authorized agent;
(b) Service by certified mail, return receipt requested; or
(c) Service by first class mail, postage prepaid.
(2) For violations related to real property, the notice shall be sent to the owner's last known address, as described on the property tax records of Kane County.
(3) For violations related to motor vehicles, the notice shall be sent to the owner and address to which the motor vehicle is registered.
(4) If the party's last known address cannot be ascertained after a diligent search, the notice of hearing may be served by posting a copy of the sworn pleading, complaint or citation in a conspicuous place upon the property or motor vehicle where the violation is found.
(5) Any notice presented by first class or certified mail, or by posting, shall be deemed served three days after the deposit of such notice in the U.S. Mail or the posting of such notice.
(C) Contents of a notice of a hearing. Notices of hearing shall include:
(1) The type and nature of the ordinance violation to be adjudicated, including a reference to the appropriate section of the code, and the potential fines that may result from a finding of liability;
(2) The means by which the respondent may waive the right to a hearing and pay the applicable fine for the alleged violation, and that payment of the indicated fine, and of any applicable penalty for late payment, shall operate as a final disposition of the violation.
(3) The date, time and location for the administrative adjudication hearing;
(4) The legal authority and jurisdiction under which the hearing is to be held;
(5) The penalties for a failure to appear at the hearing;
(6) In addition, that vehicle immobilization and driver's license suspension may be imposed if fines and penalties are not paid in full; and
(7) Any witnesses or complainants who may be called to testify for the village who are not employees or officers thereof.
(D) Scheduling and docketing of hearings. Administrative adjudication hearings shall be scheduled and docketed by the Code Administrator no less than 14 days and no more than 49 days after the notice of hearing is served on the defendant.
(Ord. 2004-16, passed 3-1-04; Am. Ord. 2007-53, passed 9-4-07)