An administrative hearing shall be held to adjudicate an alleged Village Code violation on its merits, or to contest the validity of a violation notice. Specifically, hearings shall be held to adjudicate alleged violations of all Village Code sections except those that are excluded by law from the village's administrative adjudication system.
(A) Time and date. Hearings shall be on the date, time and place as set forth in the violation notice issued and served.
(B) Recording. Hearings shall be tape- recorded.
(C) Nonappearance. Persons who do not appear on their scheduled hearing date shall have a default judgment entered against them.
(D) Hearings rights. Persons appearing to contest an alleged Village Code violation may be represented by counsel of their own choice at their own expense, may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.
(E) Evidentiary standard. The formal and technical rules of evidence do not apply in an administrative hearing conducted in compliance with this chapter. Evidence, including hearsay, may be admitted, pursuant to state law set forth at ILCS Ch. 65, Act 5, § 1-2.1-6, only if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(F) Determination pf liability. Hearings shall result in a default judgment, or a determination of liability or nonliability, made by the hearing officer, who shall consider facts and/or testimony. The hearing officer shall, upon a determination of liability, assess fines and penalties in accordance with this chapter and issue a notice of final determination that shall contain, at a minimum, the following information and warnings:
(1) The findings, decision and order of the hearing officer.
(2) A date by which the violation must be brought into compliance with this Code.
(3) A statement that the unpaid fine and any penalty assessed is a debt due and owning the village.
(4) A warning that the findings, decision and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. And in the case in which a defendant fails to comply with a judgment ordering the correction of a Village Code violation or imposing any fine or other sanction as a result of the Village Code violation, a statement that any expenses incurred by the village to enforce the judgment, including, but not limited to, attorney fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owing the village and may be collected in accordance with applicable law.
(5) A notice of judgment entered by default shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability stating that the judgment may be set aside by the hearing officer if, within 21 days of issuance of the judgment, a petition is received stating what the hearing officer determines is good cause for failure to appear. The hearing officer, upon making a determination of good cause, shall, within the 21 day period, provide the petitioner with notice of a new hearing date or denial of the petition. The default judgment shall state that it shall constitute a final determination of liability if such petition is not received , if the petition is denied, or if after setting of a new hearing date the person fails to appear.
(G) Final determination. The determination of liability shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law as set forth in ILCS Ch. 735, Act 5, §§ 3-101 et seq.
(Ord. 2004-O-009, passed 1-27-04)