(A) There is hereby created within the village a Code Hearing Department, which is authorized to provide for and operate a “system of administrative adjudication”, as more fully described herein, which shall have jurisdiction over the adjudication and enforcement of any violation of the village code.
(B) The Code Hearing Department shall be comprised of a Hearing Officer, a Code Administrator, or his or her designee, and other duly appointed person or persons deemed necessary for the efficient administration of the Code Hearing Department, with the following powers and authority.
(1) Hearing Officer.
(a) All adjudicatory hearings shall be presided over by a Hearing Officer. Prior to conducting administrative adjudication hearings, the Hearing Officers shall have successfully completed a formal training program, which includes the following:
1. Instruction on the rules of procedure of the administrative adjudication hearings that they will conduct and preside over;
2. Orientation to each subject area of the code for which they may adjudicate a violation;
3. Observation of administrative adjudication hearings; and
4. Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(b) In addition, a Hearing Officer must be an attorney licensed to practice law in the state for at least three years. A Hearing Officer may not be an inspector or law enforcement officer employed by the village.
(c) Hearing Officers are hereby authorized, empowered and directed to:
1. Hear testimony and accept evidence that is relevant to the existence of an ordinance violation;
2. 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;
3. Preserve and authenticate the record of the administrative adjudication hearings, including all exhibits and evidence introduced at the hearing;
4. Issue a determination, based on the evidence presented at the administrative adjudication hearing, of whether a code violation occurred or exists. The Hearing Officer’s determination shall be in writing and shall include written findings of fact and law, a decision and an order including the fine, penalty or other action with which the defendant must comply; and
5. a. Impose penalties consistent with the applicable code and assess costs upon finding a party liable or the charged violation; except, however, that, in no event shall the Hearing Officer have authority:
i. To impose a penalty of incarceration; or
ii. Impose a fine in excess of $50,000.
b. The maximum monetary fine under this division (B)(1)(c)5. shall be exclusive of costs of enforcement or costs incurred by the village to secure compliance with the code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the village.
(2) Code Administrator. The Code Administrator shall either be the Clerk of the village, or his or her designee, or an independent contractor or agency contracted by the village to perform the duties as enumerated herein. It shall be the duty of the Village President to determine whether the duties of the Code Administrator shall be performed by the Clerk or by an independent contractor or agency. 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 subchapter or as may reasonably be required to carry out the purpose of this subchapter;
(c) Collect moneys paid as fines and/or penalties assessed after a final determination of liability;
(d) Certify copies of final determinations of all code violations adjudicated pursuant to this subchapter, and any factual reports verifying the final determination of any violation liability which were issued in accordance with this subchapter or the laws of the state, including ILCS Ch. 625, Act 5, § 11-208.3, 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 subchapter and those of ILCS Ch. 625, Act 5, § 6-306.5;
(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 Prosecutor to act on behalf of the village in filing complaints in the County Circuit Court, seeking judgements for unpaid fines or penalties and pursuing all post-judgement remedies available under current law.
(3) 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:
(a) Imputing of violation notice information;
(b) Establishing hearing dates and notice dates;
(c) Recording fine and penalty assessment and payments;
(d) Issuing payment receipts;
(e) Issuing succeeding notice of hearing dates and/or final determinations of liability, issuing notices of impending immobilization, issuing notices of impending impoundment and issuing notices of impending driver’s license suspension as may be required, in accordance with the Illinois Vehicle Code. 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
(f) Keeping accurate records of appearances and non-appearances at administrative adjudication hearing, pleas entered and fines and other penalties assessed and paid.
(4) Police personnel. The Chief of Police shall appoint and/or designate a police officer to provide security for the administrative adjudication hearings, and the 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 other duties or acts as may be reasonably required and as directed by the Hearing Officer or the Code Administrator.
(Ord. 03-13, passed 5-13-2003)