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Notwithstanding any other provisions of this chapter, neither the authority of the Code Hearing Unit to conduct administrative adjudication procedures nor the initiation of such procedures under this chapter shall preclude the county from seeking remedies for code violations through the use of any other administrative procedures or court proceeding.
(Prior Code, 1 TCC 6-12)
Notice shall be as provided by state law. A copy of the violation notice and report form shall be served on the respondent either personally or by first class mail, postage prepaid, sent to the address of the respondent. If the name of the respondents property owner cannot be ascertained or if service on the respondent cannot be made by mail, service may be made on the respondent property owner by posting, not less than 20 days before the hearing is scheduled, a copy of the violation notice and report form in a prominent place on the property where the violation is found.
(55 ILCS 5/5-41020(c)) (Prior Code, 1 TCC 6-13)
(A) Any administrative proceeding conducted by the Office of Administrative Adjudication shall afford the parties an opportunity for a hearing before an Administrative Law Officer.
(B) An attorney who appears on behalf of any person shall file with the Hearing Officer a written appearance on a form provided by the Code Hearing Unit for that purpose.
(C) In no event shall the case for the county be presented by an employee of the Code Hearing Unit; provided, however, that documentary evidence, including the notice of violation, which has been prepared by another department or office of the county, may be presented at the hearing by the Hearing Officer.
(D) The Hearing Officer may grant continuances only upon a finding of good cause.
(E) All testimony shall be given under oath or affirmation.
(F) The Hearing Officer may issue subpoenas to secure the attendance and testimony of relevant witnesses and production of relevant documents. Issuance of subpoenas shall be subject to the restrictions contained in this chapter.
(G) Subject to this section, the Hearing Officer may permit witnesses to submit their testimony by affidavit or by telephone. A respondent may elect to contest an alleged violation through an adjudication by mail rather than at an administrative hearing. The respondent may use forms provided by the Code Hearing Unit or simply write a letter with any evidence respondent may have to contest the alleged violation. The respondent must sign respondent’s correspondence.
(H) The formal and technical rules of evidence shall not apply to the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(I) No violation may be established except upon proof by a preponderance of the evidence; provided, however, that a violation notice, or a copy thereof, issued and signed in accordance with 55 ILCS 5/5-41035 (or succeeding state law) shall be prima facie evidence of the correctness of the facts contained therein.
(J) Upon timely request of any party to a proceeding, any person, who the Hearing Officer determines may reasonably be expected to provide testimony which is material and which does not constitute a needless presentation of cumulative evidence, shall be made available for cross-examination prior to a final determination of liability.
(K) The record of all hearings before a Hearing Officer shall include:
(1) All documents presented at the hearing;
(2) A copy of the notice of the violation or notice of the hearing; and
(3) A copy of the findings and decisions of the Hearing Officer.
(L) The record of a hearing before a Hearing Officer may include a record of the testimony presented at the hearing, which may be by means of a tape recording, transcription, or other appropriate means.
(1) The Code Hearing Unit shall not provide recording services or equipment.
(2) Any party desiring to record the testimony presented at the hearing shall provide its own court reporter, transcriber, or recorder at that party’s own expense regardless of the outcome of the hearing.
(3) The Hearing Officer may reasonably limit where the court reporter, transcriber, or recorder may be placed in the hearing room. If the party or the court reporter, transcriber, or recorder is unwilling to follow reasonable limitations, then the Hearing Officer may remove court reporter, transcriber, or recorder.
(M) Upon conclusion of a hearing, the Hearing Officer shall issue a final determination of liability or no liability. Upon issuing a final determination of liability the Hearing Officer may:
(1) Impose penalties and/or fines that are consistent with applicable provisions of the County Code;
(2) Issue orders that are consistent with applicable provisions of the County Code, including, but not limited to, orders to cure any continuing violations of the County Code; and
(3) Assess costs reasonably related to instituting the hearing.
(N) In the issuance of a final determination of liability, a Hearing Officer shall inform the respondent of respondent’s right to seek judicial review of the final determination.
(O) (1) If at the time set for a hearing the recipient of a notice of violation or a notice of hearing, or the recipient’s attorney of record, fails to appear, the Hearing Officer may find the recipient in default and proceed with the hearing and accept evidence relevant to the existence of a code violation and conclude with a finding, decision, and order. A copy of the order of default shall be served in any manner permitted under this chapter.
(2) Within 21 calendar days from the issuance of an order of default, a recipient of a notice of violation or a notice of hearing who has been found to be in default may petition the Hearing Officer to set aside the determination and set a new hearing date on the basis that the failure to appear at the hearing was for good cause. If the petition is granted, the Hearing Officer shall serve notice of the new hearing date upon the petitioner in any manner permitted by this chapter no less than seven calendar days prior to the hearing date.
(Prior Code, 1 TCC 6-14)
The county hereby adopts and incorporates Canon 3(A)(6) of the Code of Conduct for Administrative Law Officers. Therefore, Hearing Officers and other personnel of the Code Hearing Unit are required to refrain from public comment about a pending or impending proceeding before the Code Hearing Unit.
(Prior Code, 1 TCC 6-15)
There shall be no post-hearing motion practice before the Code Hearing Unit. Appeals or review of final orders shall be governed by § 34.33.
(Prior Code, 1 TCC 6-16)
In order to ensure that code violations are remedied or fines are paid in a timely manner, a Hearing Officer, upon issuing a final determination of liability, may require a code violator to post with the county a compliance bond or, as appropriate, to consent to the granting and recording of a lien against titled property. Bonds and liens shall be approved by the County Auditor and State’s Attorney’s Office as to form and amount. Whenever it is necessary for the county to make repair or otherwise expend funds to a code violation for which a bond was posted, or whenever fines or costs remain unpaid after a code violator has exhausted or failed to exhaust judicial review procedures, the Hearing Officer may, after giving the parties notice and an opportunity to be heard, issue an order permitting the county to draw against the bond in an appropriate amount, or to foreclose the lien. The Hearing Officer shall order the bond or the titled property or proceeds from the titled property, less the costs incurred by the county, returned to the code violator upon proof of compliance with the applicable code provisions and the payment of the applicable fines or costs.
(Prior Code, 1 TCC 6-17)
In instances where the County Code calls for the imposition of a mandatory minimum fine upon a finding of liability by a Hearing Officer, a Hearing Officer may not waive, suspend, or reduce the imposition of said mandatory minimum fine.
(Prior Code, 1 TCC 6-18)
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