The system of administrative adjudication of non-vehicular regulations violations shall be composed of a Code Hearing Unit, which shall be comprised of a hearing officer, and may include any one or more of the following: an administrator, computer operator/system coordinator and hearing room personnel (deputy), with the power, authority and limitations hereinafter set forth:
(A) Powers of the hearing officer. The hearing officer shall have all of the powers granted to hearing officers under state law, set forth at ILCS Ch. 65, Act 5, § 1-2.1-4, the provisions of which are incorporated herein by this reference, including the power to:
(1) Preside over all administrative hearings as the adjudicator.
(2) Administer oaths.
(3) Hear testimony and accept evidence that is relevant to the existence of the Code violation.
(4) Issue subpoenas to secure the attendance of witnesses and the production of relevant papers or documentation upon the request of the parties or their representatives.
(5) Rule upon objections and the admissibility of evidence.
(6) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.
(7) Issue a determination, based on the evidence presented at the hearing, of whether a Village Code violation exists. The determination shall be in writing and shall include a written finding of fact, decision and order setting forth the fine, penalty or action with which the person found liable must comply.
(8) Impose penalties consistent with applicable Village Code provisions and assess costs upon finding a party liable for the charged violation. Notwithstanding those violations for which the Illinois Municipal Code limits the fine or penalty to $750, the hearing officer shall have the authority to impose fines and penalties up to $50,000.
(9) In no event shall a hearing officer have the authority to:
(a) Impose a penalty of incarceration.
(b) Impose a fine in excess of $50,000.
(c) The maximum mandatory fine under division (A)(9)(b) of this section shall be exclusive of costs of enforcement or costs imposed to secure compliance with the village's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the village.
(B) Powers of the administrator. The administrator shall be empowered and is authorized and directed to:
(1) Operate and manage this administrative adjudication system.
(2) Adopt, distribute and process Village Code violation notices and other notices as may be required to carry out the purpose of this chapter.
(3) Collect monies paid as fines and/or penalties assessed after a final determination of a Village Code violation.
(4) Promulgate rules and regulations reasonably required to operate and maintain this administrative adjudication system.
(5) Collect unpaid fines and penalties and otherwise pursue all post judgment remedies available under law.
(C) Powers of the system coordinator. The system coordinator/computer operator shall operate and maintain computer programs for the administrative adjudication system created hereunder, on a day-to-day basis, including, but not limited to:
(1) Input of violation notice information.
(2) Hearing and notice dates.
(3) Fine and penalty assessments and payments.
(4) Issue receipts for payment.
(5) Issue succeeding notices of hearing or court dates and/or final determination of liability, as directed by the administrator or by the hearing officer in accordance with the provisions hereinafter set forth.
(6) Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, fines and penalties assessed and paid.
(D) Powers of the hearing room personnel. The hearing room personnel shall be full-time, part-time, off-duty or auxiliary police officers. The hearing room personnel shall:
(1) Maintain hearing room decorum.
(2) Have and carry out such authority as is granted to courtroom deputies of the Circuit Court.
(3) Perform such other duties or acts as may reasonably be required to maintain hearing room decorum as directed by the hearing officer, or by the administrator.
(E) Selection and appointment of personnel. The persons who shall hold the positions of administrator, hearing officer, computer operator/systems coordinator, and hearing room personnel under this chapter shall be selected and appointed according to the following procedures:
(1) Hearing officer: The Village President is hereby authorized to appoint a person(s) to hold the position of hearing officer.
(2) Selection criteria: In making selections, the Village President shall consider all pertinent information, including at a minimum:
(a) Candidate's ability to comply with the job descriptions as set forth herein;
(b) Background and performance data made available to the Village President, on file with the village, or otherwise obtained by the village;
(c) Whether the candidate meets the statutory criteria as an attorney licensed to practice law in the State of Illinois for at least three years.
(3) Administrator, system coordinator and hearing room personnel. The Village President shall assign the duties of administrator, system coordinator and hearing room personnel to village employees.
(F) Compensation. Compensation to be paid for any of the above stated positions shall be established annually as set forth in the village's pay and benefits ordinance.
(G) Training of personnel. Prior to a hearing officer conducting these administrative adjudication proceedings, the hearing officer must successfully complete a formal training program pursuant to ILCS Ch. 65, Act 5, § 1-2.1-4(c) that includes:
(1) Instruction on the rules of procedure of the administrative hearings which he or she will conduct;
(2) Training in each subject area of the Code violations that he or she will adjudicate;
(3) Observation of administrative hearings; and
(4) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(Ord. 2004-O-009, passed 1-27-04)