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In this chapter, unless the context requires otherwise, terms are defined as:
CODE. The Will County Code of Ordinances.
CODE ENFORCEMENT OFFICER. A county employee authorized to issue citations for code violations and to conduct inspections of public or private real property to determine whether a code violation(s) exists.
HEARING OFFICER. A person other than a Code Enforcement Officer or law enforcement officer, who is appointed by the County Executive, with the advice and consent of the County Board, to preside over administrative healings. Every hearing officer must be an attorney licensed to practice law in the state for at least three years.
(1) Prior to conducting administrative adjudication proceedings, hearing officers shall have successfully completed a formal training program, approved by the County Executive that includes the following:
(a) Instruction on the rules of procedure of the administrative hearings that they will conduct;
(b) Orientation to each subject area of the code violations that they will adjudicate;
(c) Observation of administrative hearings; and
(d) Participation in hypothetical cases, including ruling on evidence and issuing final orders.
(2) The powers and duties of a hearing officer shall include:
(a) Hearing testimony and accepting evidence that is relevant to the existence of the code violation.
(b) Issuing subpoenas directing witnesses to appear and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(c) Preserving and authenticating the record of the hearing and all exhibits and evidence introduced at the hearing;
(d) Issuing a determination, based on the evidence presented at the hearing, of whether a code violation exists, which shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; and
(e) Imposing penalties consistent with applicable code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration or (ii) impose a fine in excess of $50,000, or at the option of the county, such other amount not to exceed the maximum amount established by the mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme court from time to time for the Twelfth Judicial Circuit, Will County, Illinois. The maximum monetary fine under this item (e), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the county's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the county.
PROPERTY OWNER. The legal or beneficial owner of an improved or unimproved parcel of real estate.
RECORDING SECRETARY. A County employee assigned to the administration and management of the adjudication records, hearing scheduling, and other duties as assigned.
RESPONDENT. A property owner, waste hauler, or other person charged with liability for an alleged code violation and the person to whom the notice of violation is directed.
(Ord. 11-287, passed 8-18-2011)