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A. Appointment. The Administrative Hearing Office shall be appointed by the Village Manager, as provided in Section 2.34.010 of this code.
B. Qualifications. To qualify as an Administrative Hearing Officer, an individual must:
1. Be an attorney licensed to practice law in the State of Illinois for at least three (3) years;
2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; and
3. Complete a formal training program conducted by the Village Manager and the Village Attorney consisting of:
a. Instruction on the rules of procedure for administrative hearings;
b. Orientation to each subject area of the code that will be adjudicated;
c. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and
d. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders.
C. Authority and Jurisdiction. The Administrative Hearing Officer shall have the duty and authority:
1. To hear testimony and accept evidence that is relevant to the allegation of a violation.
2. To issue subpoenas, upon the request of the parties or their representatives, directing witnesses to appear and give relevant testimony at hearings, as provided in Section 2.72.090.
3. To preserve and authenticate the record of the hearing, including all exhibits and evidence introduced at the hearing.
4. To issue a written determination, based on the evidence presented at the hearing, on whether a violation occurred or exists. The written determination shall include a written finding of fact, decision and order, including any corrective measures, fines, penalties, and interest charges, or other actions, with which the defendant must comply.
5. Upon finding a defendant liable for the charged violation, to impose penalties consistent with applicable provisions of this code.
6. Impose administrative costs, upon finding a defendant liable for the charged violation. The costs shall be in an amount not less than the minimum amount set by resolution of the Village Council adopted pursuant to Section 2.72.170 of this chapter. Unless otherwise specifically provided in this chapter, the Administrative Hearing Officer shall not have authority to waive, or to impose an amount less than, the minimum amount set by the Village Council.
7. Impose late fees and interest charges if a defendant fails to pay the penalty, fine, or administrative costs set by the Administrative Hearing Officer on the day of the hearing. The late fees and interest charges shall be in an amount not less than the minimum amount set by resolution of the Village Council adopted pursuant to Section 2.72.170 of this chapter. Unless otherwise specifically provided in this chapter, the Administrative Hearing Officer shall not have authority to waive, or to impose interest charges in an amount less than, the minimum interest charges set by the Village Council.
8. Postpone or continue a defendant's Hearing to a later date.
10. Ask questions of parties and witnesses.
11. Order the defendant to perform a term of community service, regardless of fines imposed or costs assessed.
(MC-2-2014, Added, 2/18/2014)
A. Establishment. There is hereby established an Administrative Hearing Records Unit within the Administrative Adjudication System.
B. Appointment by Village Manager. The Village Manager will assign one (1) or more employees of the Village to perform the functions set forth in this section and shall have the discretion to designate an employee of the Village to manage the operations of the Administrative Records Unit under the direction and control of the Village Manager. The Village Manager shall have the discretion to retain an independent contractor in addition to or in place of Village employees to perform any or all of the functions of the Administrative Records Unit.
C. Powers and Duties. The Administrative Hearing Records Unit shall have the duty and authority to:
1. Establish procedures reasonably required to manage the scheduling, operations and recordkeeping of the Administrative Adjudication System.
2. Adopt, distribute, and process all notices as may be required under this chapter, or as may reasonably be required to carry out the purpose of this chapter.
3. Collect payments made as a result of fines and/or penalties assessed and transmit such payments to the Director of Finance.
4. Certify reports to the Illinois Secretary of State concerning initiation of suspension of driving privileges in accordance with the provisions of this chapter and Section 6-306.5 of the Motor Vehicle Code (625 ILCS 5/6-306.5).
5. Refer unpaid fines and penalties to the Director of Finance for collection, which may be pursued through private collection agencies that the Village may retain or by filing complaints in the Circuit Court of Cook County.
6. Certify copies of findings, decisions, and orders adjudicated pursuant to this chapter, and any factual reports verifying the findings, decisions, and orders that are issued in accordance with this chapter or the laws of the State of Illinois.
7. Oversee the operation and maintenance of the computer programs for the Administrative Adjudication System, including, without limitation:
a. Inputting information for the Notice of Violation provided for in Section 2.72.070 of this chapter;
b. Establishing hearing dates and notice dates;
c. Recording the assessment of fines and penalties;
d. Recording payments and issuing payment receipts;
e. Issuing notices of hearing dates, notices of default, final notices and such other notices as may be necessary to implement the Administrative Adjudication System; and
f. Keeping accurate records of appearances and non-appearances at hearings, pleas entered, fines, and other penalties assessed and paid.
8. Postpone or continue a defendant's hearing to a later hearing date, if such request is made prior to the first scheduled hearing date.
(MC-2-2014, Added, 2/18/2014)
A. Initial Notice of Violation. The initial notice of any violation will be issued by a person who has been authorized as provided in this chapter. The initial notice of violation shall contain information as to the nature of the violation, shall be certified, and shall constitute prima facie evidence of the violation cited.
B. Authority to Issue Notices. Any sworn law enforcement officer and any Community Service Officer who detects a violation of a provision of this code that is subject to adjudication in the Administrative Adjudication System is authorized to issue a notice of violation and thereafter to serve the notice of violation in the manner set forth in this section. As used in this chapter, "Community Service Officer" shall mean and include code enforcement officers as defined in this code, and non-police personnel employed by the Winnetka Police Department or New Trier High School who have been duly authorized by the Village of Winnetka Chief of Police or his or her designee to issue citations for parking and non-moving compliance offenses under Title 10 of this code.
C. Form and Content of Notice of Violation. All Notices of Violation shall be issued in writing on a Village form, which may include, but shall not be limited to, pre-printed tickets or citations. Every Notice of Violation shall contain at least the following information:
1. The date, time, and location of the alleged violation;
2. The name and address of the defendant, if known;
3. The type and nature of the alleged violation, including a citation of the provision of this Code alleged to have been violated, and whether the violation is one that can be pre-paid or is one that requires the person receiving the notice to appear before the Administrative Hearing Officer;
4. The manual or electronic signature of the person issuing the notice;
5. The process for responding to the notice of violation, including pre-payment and requesting a hearing date, and the time frame within which to take such actions;
6. The legal authority and jurisdiction under which the hearing is to be held; and
7. The penalties for failure to respond to the notice, including, where applicable, the penalties for late payment and for failure to appear before the Administrative Hearing Officer.
(MC-2-2014, Added, 2/18/2014)
A. Initial Notice of Parking and Certain Other Vehicle Violations. For parking and vehicle violations that are initiated by a pre-printed ticket or citation under Article 10 of this code, the pre-printed ticket or citation shall serve as the initial notice of violation and may be served by posting the pre-printed ticket or citation on the vehicle that is the subject of the violation, or by any other means authorized by the following subsection B or by the Illinois Vehicle Code.
B. Initial Notice of Other Violations. For all other violations, service of the initial notice of violation shall be made in one (1) or more of the following ways:
1. By handing the notice to the person responsible for the violation or to the person's employee or agent;
2. By leaving the notice with any person thirteen (13) years of age or older at the residence of the responsible person, and informing that person of the contents of the notice, provided the person making service shall also send a copy of the notice in a sealed envelope with postage fully pre-paid, addressed to the defendant at his or her usual place of abode;
3. By mailing the notice, with postage fully pre-paid to the last known address of record of the individual/entity or his or her/its registered agent; or
4. In the case of a violation by a corporation or partnership, by serving notice on the corporation or partnership in accordance with the Illinois Code of Civil Procedure (735 ILCS 5/2-201 et seq.).
C. Certification of Facts in Notice. The person issuing a notice of violation shall certify the correctness of the facts in the notice.
1. For a manually issued notice, the person issuing the notice shall sign his or her name to the notice at the time of issuance.
2. For electronically produced notices of violation, such as parking citations, the person who controls and operates the device that generates the notice shall certify the correctness of the facts stated therein by signing a single certificate attesting to the correctness of all notices produced by the device while under his or her control.
D. Notice of Payment and Procedural Options. In addition to the general content required by Section 2.72.070 of this chapter, the following information shall be provided in the initial notice.
1. The initial notice of violation shall specify whether the person receiving the notice must appear before the Administrative Hearing Officer, or if the fine or penalty for the violation can be pre-paid, in which case the amount of the fine or penalty shall be stated in the Notice of Violation.
2. If appearance is mandatory, the date, time, and place of the hearing shall be set forth in the initial notice of violation and in such additional notices as are issued in accordance with this chapter, subject to the minimum time periods set forth in Section 2.72.100(C) of this chapter.
E. Recordkeeping. The original or a facsimile of every notice of violation and of electronically generated certifications shall be maintained as a record by the Administrative Hearing Unit in the ordinary course of business.
F. Admissibility of Notice. The notice of violation or a copy thereof is admissible in any subsequent administrative or judicial proceeding to the extent permitted by law.
(MC-2-2014, Added, 2/18/2014)
A. Pre-payment. Unless the initial notice of violation requires the recipient to appear before the Administrative Hearing Officer, the person receiving a notice of violation may pre-pay the fine or penalty specified on the notice. If the pre-payment is not made within ten (10) days after the Notice of Violation is issued, a late fee shall be assessed. The Administrative Hearing Officer shall waive the late fee if a timely request for hearing is made as provided in Section 2.72.090 (C) of this chapter.
B. Request for Hearing. In lieu of paying the fine provided in the initial Notice of Violation, a person who receives a Notice of Violation that may be pre-paid may request a hearing on the violation instead of pre-paying the fine or penalty. The request for hearing may be made by phone or in person, in the manner specified in the Notice of Violation. The request for hearing shall be made within twenty-one (21) days after the date the Notice of Violation is issued.
(MC-2-2014, Added, 2/18/2014)
A. Parking Violations: Final Notice. If the fine for the parking violation is not paid within ten (10) days after the date of the citation alleging the violation, the Police Department shall issue a final notice of the parking violation to the registered owner of the vehicle to which the citation refers. The final notice shall be sent by first class United States mail to the address of the owner of the vehicle as shown on the vehicle registration. The final notice shall notify the registered owner that the failure to respond to the final notice by either paying the applicable fine or requesting a hearing on the parking citation within twenty-one (21) days after the date of the violation, shall be deemed a waiver of the right to hearing and shall subject the registered owner to all such fines and penalties for the alleged parking violation as may be authorized under Illinois statutes and this code.
B. Other Violations: Second Notice. Except as provided in the foregoing subsection A, a second Notice of Violation shall be issued to any person who does not pre-pay a fine or penalty and does not request a hearing as provided in Section 2.72.090 (B) of this chapter. The second notice shall be in the same form and content as prescribed in Section 2.72.070 of this chapter. In addition, the notice shall (i) set a date and time for a hearing, (ii) require the person named in the notice to appear at the date and time specified or pay the fine before the hearing date, (iii) state that the failure to pay the fine prior to the hearing date or to appear as directed will result in a finding of default.
C. Period of Notice or Preparation. For hearings scheduled in all non-emergency situations, if requested by the defendant, the defendant will have at least fifteen (15) days after service of process to prepare for a hearing. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety, health, or welfare. If service is provided by mail, the fifteen (15)-day period begins to run on the date that the notice is deposited in the mail.
(MC-2-2014, Added, 2/18/2014)
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