(A) The rights of parties. Parties shall be provided with an opportunity for a hearing before or during which they may exercise any or all of the following rights:
(1) (a) The right to be represented by counsel, at their own expense.
(b) Defendants shall not be entitled to have an attorney appointed to represent them;
(2) The right to present and cross-examine witnesses;
(3) The right to request that the Hearing Officer issue subpoenas to direct the attendance and testimony of relevant witnesses or the production of relevant tangible evidence.
(B) Rules of evidence shall not govern.
(1) The formal and technical rules of evidence shall not apply in an administrative adjudication hearing authorized under this chapter.
(2) Evidence, including hearsay, may be admitted only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(C) Standard of proof.
(1) Administrative adjudication hearings are civil in nature.
(2) The village shall bear the standard of proof to prove by a preponderance of the evidence the occurrence or existence of a violation of the code.
(3) A sworn, written pleading, complaint, citation or notice of violation shall constitute prima facie evidence of the violation; however, both the village and the defendant shall have the right to seek a continuance if the officer issuing the complaint, citation or violation notice is not available the day of the hearing to present evidence.
(D) Defenses. It shall be a defense to a code violation charged under this chapter if the owner, his or her attorney, or any other agent or representative proves by a preponderance of the evidence that:
(1) The code violation alleged in the notice did not in fact exist at the time of the citation, pleading or complaint;
(2) The code violation has been caused by the current property occupants and that, in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;
(3) An occupant or resident of the dwelling has refused entry to the owner, or his or her agent, to all or a part of the dwelling for the purpose of correcting the code violation(s); or
(4) The code violation alleged in the notice occurred either before the person became owner of the real or personal property or after the person relinquished title to such property.
(a) Notwithstanding the foregoing sentence, any existing order to correct a code violation and/or sanctions imposed by the village, as a result of a finding of a code violation under this chapter, shall attach to the property, as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner.
(b) Any subsequent transferee or owner of the property takes the same, subject to the findings, decision and order of a Hearing Officer under this chapter.
(E) Continuances.
(1) No continuances shall be authorized by a Hearing Officer for any administrative adjudication hearing commenced under this chapter, except in cases where the citing officer is not available and such is requested by either the village or the defendant or a continuance is absolutely necessary to protect the rights of the defendant or owner.
(2) Lack of preparation shall not be grounds for a continuance.
(F) Judicial review.
(1) Any final decision by a Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review, and shall be subject to review under the Illinois Administrative Review Law, ILCS Ch. 735, Act 5, 3-101 et seq., or as hereinafter amended.
(2) Any person filing for judicial review under the Administrative Review Law shall be subject to the assessment of costs for the preparation and certification of the record of proceedings before the Hearing Officer.
(a) Such cost shall be assessed as $50 for the first page of the transcript and $15 for each page thereafter.
(b) Any failure to pay such fee shall subject the party seeking review to the provisions of ILCS Ch. 735, Act 5, 3-109, including dismissal of the complaint on motion of the village.
(Ord. 2004-16, passed 3-1-04; Am. Ord. 2007-53, passed 9-4-07)