The system of administrative adjudication of non-vehicular regulations violations shall be conducted in accordance with the following procedures to assure defendants are afforded due process of law.
(A) Issuance of violation notices. Village Code violation notices ("violation notices") may be issued by any authorized person and shall contain information and shall be served, certified and have evidentiary value as hereinafter stated.
(B) Authorization. All full-time, part-time and auxiliary police officers and other specifically appointed individuals including, but not limited to, the village's code enforcement unit shall have the authority to issue violation notices.
(C) Detections of violations. Any individual authorized to issue a violation notice who detects a violation of any non-vehicular regulation shall issue a notice of violation thereof and shall serve the violation notice as herein provided.
(D) Content. Violation notices shall contain, at a minimum:
(1) The date, time and place of the violation (date of issuance).
(2) The particular Village Code section or regulation violated.
(3) The common address of the building or property alleged to be in violation (the "cited property"), if applicable.
(4) The fine and any penalty which may be assessed.
(5) The signature and identification number, if applicable, of the person issuing the violation notice.
(6) The date, time and place of the administrative hearing at which the charge may be contested on its merits. This date shall be no less than 15 days after the date of service of the violation notice. A hearing may be set at a date less than 15 days after the date of service of the violation in an emergency situation where the violation constitutes a threat to public interest, safety or welfare.
(7) A statement of penalties for failure to appear at the hearing.
(E) Service of violation notices. Service of violation notice shall be made in a manner reasonably calculated to give the defendant actual notice, by:
(1) Handing a copy of the violation notice to the person charged.
(2) Delivering a copy of the violation notice to the person charged by First Class U.S. Mail, postage prepaid. Such service shall be complete as of the date of deposit in the United States mail.
(3) If a building code violation is alleged where the person charged is an owner or manager of the property, posting a copy on the cited property.
(F) Certification. The correctness of facts contained in the violation notice shall be certified by the issuing person by:
(1) Signing his or her name to the violation notice at the time of issuance.
(2) In the case of a violation notice produced by a computer device, by signing a single certificate, to be kept by the administrator, attesting to the correctness of all violation notices produced by the device while under his or her control.
(G) Business records. The original or complete copy of the violation notice shall be retained and kept as a record in the ordinary course of village business.
(H) Prima facie evidence. Any violation notice issued, signed and served in accordance herewith, or a complete copy of the notice, shall be deemed prima facie correct and shall be considered prima facie evidence of the facts alleged therein.
(I) Admissibility. The violation notice shall be admissible in any subsequent administrative or legal proceeding.
(Ord. 2004-O-009, passed 1-27-04; Am. Ord. 2014-O-020, passed 7-15-14)