(A) Compliance administrator. The Village Administrator shall appoint a compliance administrator(s) authorized to adopt, distribute, and process parking and other violation notices, collect money paid as fines and penalties for violation of certain ordinances, and operate an administrative adjudication system.
(B) Opportunity for a hearing. Any person receiving a violation shall have an opportunity for a hearing in which a party may contest the merits of the alleged violation. Persons appearing at the hearing may be represented by counsel at their own expense. At the hearing, a hearing officer shall preside and hear testimony and accept evidence as to the existence or non-existence of a code violation.
(C) Final determination of liability. A final determination of liability shall occur following after a hearing officer's determination of liability and the exhaustion or failure to exhaust the administrative review procedure provided in this chapter. The hearing officer's determination of liability shall become final:
(1) Upon denial of a timely petition to set aside that determination; or
(2) Upon expiration of the period for filing the petition without such filing having been made.
(D) Subpoenas for witnesses. At any time prior to the hearing date, the hearing officer may, at the request of either party, issue subpoenas for witnesses to appear and give testimony at the hearing.
(E) Default. If on the date set for hearing the defendant or his attorney fails to appear, the hearing officer may find the defendant in default and shall proceed with the hearing and accept evidence relevant to the code violation.
(F) Strict rules of evidence inapplicable. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
(G) Determination in writing.
(1) At the conclusion of the hearing, the hearing officer shall make a determination based upon the evidence presented. The determination shall be in writing. The findings, decision, and order shall include:
(a) The hearing officer's finding of facts;
(b) A decision of whether or not the code violation exists based on the finding of facts; and
(c) An order that states the sanction imposed or dismisses the case if a violation if not proved.
(2) A copy of the findings, decision, and order shall be served on the defendant within five days after it is issued.
(H) Review. The findings, decision, and order of the hearing officer shall be subject to review in the judicial Circuit Court of the Lake County. The provisions of the administrative review law and the rules adopted pursuant thereto shall apply to and govern every action for the judicial review of the findings, decision, and order of a hearing officer under this chapter.
(I) Fine, sanction, or costs imposed. Any fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of or the failure to exhaust judicial review procedures under the administrative review law shall be a debt due and owing the village and, as such, may be collected in accordance with applicable law. Payment in full of any fine or penalty resulting from a standing, parking, or compliance violation shall constitute a final disposition of that violation.
(Ord. 2006-O-2, passed 2-7-06)
Statutory reference:
Similar and additional provisions, see ILCS Ch. 65, Act 5 § 1-2.2-25; Ch. 65, Act 5 § 1-2.2-35;
Ch. 65, Act 5 § 1-2.2-45; Ch. 65, Act 5 § 1-2.2-50; Ch. 625, Act 5 § 11-208.3(b)(1);
Ch. 625, Act 5 § 11-208.3(b)(4); Ch. 625, Act 5 , § 11-208.3(b)(7); Ch. 625, Act 5 § 11-208.3(d);
Ch. 625, Act 5 § 11-208.3(e)