[Adopted 12-15-1998 by Ord. No. 98-11-237 (Ch. 1, Art. II,
of the 1977 Code); amended in its entirety 10-19-2023 by Ord. No. 23-10-173]
A Code Hearing Unit is hereby established pursuant to Section
5-41010 of the Counties Code, 55 ILCS 5/5-41010. There is hereby established
a Code Hearing Unit as a division of the County Building and Zoning
Department which is authorized to conduct administrative adjudication
proceedings for the County, its Departments and officers. The function
of the Code Hearing Unit shall be to expedite the prosecution and
correction of Code violations. The Code Hearing Unit is authorized
to establish a system of administrative adjudications for the enforcement
of all provisions of the County Code, except those preempted by state
law or County Ordinance.
Hereinafter, the County will adopt the Model Language for Administrative
Adjudication of County Violations.
As used in this article, unless the context requires otherwise,
the following terms are defined as follows:
An evidentiary proceeding before a Hearing Officer instituted
under this article.
A person to whom a ticket or citation has been issued on
three or more instances during any six-month period for independent
violations of the Code.
Any County ordinance that pertains to or regulates any of
the following: animal control; the definition, identification and
abatement of public nuisances; the accumulation, disposal, and transportation
of garbage, refuse and other forms of solid waste; the construction
and maintenance of buildings and structures; sanitation practices;
zoning; or truancy.
A County employee authorized to issue citations for County
Code violations and to conduct inspections of public or private real
property to determine whether Code violations exist. The Director
of the Stephenson County Building and Zoning Department and his or
her designee(s) shall act as Code Enforcement Officers under this
article.
A person other than a Code Enforcement Officer or law enforcement
officer having the following powers and duties:
To preside at a hearing called to determine whether a Code violation
exists;
To hear testimony and accept evidence from the County, the respondent,
and all interested parties relevant to the existence of a Code violation;
To preserve and authenticate the record of the hearing and all
exhibits and evidence introduced at the hearing;
To issue and sign written findings and a decision and order
stating whether a Code violation exists; and
To impose penalties consistent with applicable Code provisions,
including but not limited to financial penalties and orders directing
a respondent to abate or cease a Code violation within a specific
period of time and to assess costs reasonably related to instituting
the proceedings, upon finding the respondent liable for the charged
violation. In no event, however, shall the Hearing Officer have the
authority to impose a penalty of incarceration.
Any person who resides in or on property with the consent
of the property owner.
The legal or beneficial owner of an improved or unimproved
parcel of real estate, including, but not limited to a mortgagee in
possession in whom is vested:
Any person or entity charged with liability for an alleged
Code violation and the person or entity to whom the violation notice
is directed.
Demolition materials, food and industrial processing wastes,
garden trash, land clearing waste, mixed refuse, noncombustible refuse,
and trash as defined in the Solid Waste Disposal District Act, 70
ILCS 3105/1 et seq.
An individual or entity who has a legal right to occupy and
control real property.
The document issued by the Code Enforcement Officer upon his or her determination that a Code violation has occurred, or is ongoing, and contains the information set forth at § 1-19 of this article.
Any person or entity owning or controlling any vehicle used
to carry or transport garbage, refuse, or other forms of solid waste.
This article does not preclude the County from using any other
methods available to it to enforce the provisions of the Code.
The Chairman of the County Board, with the advice and consent
of a simple majority of the County Board, shall appoint one or more
Hearing Officers for the purposes of this article. A Hearing Officer
shall be an attorney licensed to practice law in the State of Illinois,
and may not be a Code Enforcement Officer or other law enforcement
officer.
A.
Upon learning of potential Code violation, the Code Enforcement Officer may attempt to remedy the violation by utilizing an informal process, which may include contacting the respondent and holding a pre-hearing meeting between the respondent and County staff. At such pre-hearing meeting, a compliance timeline shall be established and documented with an agreement and filed with the Code Hearing Unit prior to any hearing. If the informal process fails to remedy the violation, or the violation at the property is such that immediate action is required, or if the violation is determined to be the responsibility of a chronic violator, the Code Enforcement Officer may forego the informal process and proceed with issuing a Violation Notice and Report Form ("violation notice") as set forth in Subsection B.
B.
Subject to the provisions of Subsection A, when the Code Enforcement Officer observes or is made aware of a Code violation, the Code Enforcement Officer shall note, or in the case of an animal control violation, the Code Enforcement Officer may respond to the filing of a complaint, by noting the violation on a violation notice, indicating the following:
(1)
The name and address of the respondent, if known;
(2)
The nature of the violation, including a citation to the Code provision
at issue;
(3)
The approximate date and time the violation was observed;
(4)
The names and witnesses to the violation, if any;
(5)
The address of the location or property where the violation was observed;
and
(6)
In the case of an offense relating to a vehicle, the name, address
and state vehicle registration number of the vehicle.
C.
The violation notice shall also contain a docket number, a hearing
date, and the amount of the possible fines, fees or other possible
penalties or remedies available to the County.
D.
The violation notice shall further state the following:
(1)
Prior to the hearing date, the respondent may elect to abate or cease
the violation for which the violation notice was issued, pay the fine
listed on the violation notice at least five days, and not participate
in the hearing. The respondent must provide proof of such payment
and proof of abatement or cessation of the violation, to the satisfaction
of the Hearing Officer, at least five days prior to the hearing date.
(2)
That if the respondent does not voluntarily pay the fine, abate or
cease the violation, or appear at the hearing on the date indicated,
then the failure to pay or appear may result in a determination of
liability for the cited violation and the imposition of fines, orders
to abate of cease the violation, and assessment of costs as set forth
in the Code.
(3)
That upon a determination of liability and the exhaustion of or failure
to exhaust procedures for judicial review, any unpaid fine or costs
imposed will constitute a debt owed to the County. Further, that the
reasonable costs incurred by the County through its abatement of the
violation, if any, will likewise become a debt owed to the County
by the respondent.
E.
A copy of the violation notice shall be served on the respondent
either personally or by first-class mail, postage prepaid, sent to
the address of the respondent. If the name of the respondent property
owner cannot be ascertained or if service on the respondent cannot
be made by mail, service may be made on the respondent property owner
by posting, not less than 20 days before the hearing is scheduled,
a copy of the violation notice in a prominent place on the property
where the violation is found. If the violation notice requires the
respondent to answer within a certain amount of time, the County must
reply to the answer within the same amount of time afforded to the
respondent.
F.
The imposition of fines and/or costs by the Hearing Officer after
a hearing does not satisfy the underlying violation. If the respondent
fails to abate or cease the violation by the hearing date set forth
on the violation notice then the Code Enforcement Officer may serve
a new violation notice on the respondent for any subsequent violation(s),
which will constitute an independent violation subject to the imposition
of any fines, fees and any other remedies available under this article
or the Code.
A.
At any time prior to the hearing date, at the request of the Code
Enforcement Officer, the attorney for the County, the respondent,
or the attorney for the respondent, upon good cause shown, the Hearing
Officer assigned to hear the case may issue subpoenas directing witnesses
to appear and give testimony at the hearing.
B.
If the respondent or the respondent's attorney fails to appear
on the date set for the hearing, the Hearing Officer may find the
respondent in default and shall proceed with the hearing and accept
evidence relating to the existence of a code violation.
The case for the County may be presented by the Code Enforcement
Officer or by the State's Attorney. In no event, however, may
the case for the County be presented by an employee of the Code Hearing
Unit. The case for the respondent may be presented by the respondent
or the respondent's attorney. If the respondent is a corporation,
it may appear through any officer, director, manager, or supervisor
of the corporation.
The Hearing Officer shall preside at the hearing, shall hear
testimony, and shall accept any evidence relevant to the existence
or nonexistence of a Code violation on the property indicated. All
parties may present evidence, witnesses and cross-examine opposing
witnesses. The Code Enforcement Officer shall certify the allegations
in the violation notice by signing his or her name to the violation
notice, which shall constitute prima facie evidence of the existence
of the Code violation described therein. Failure of the Code Enforcement
Officer to sign the violation notice shall not invalidate the violation
notice, but will not establish a prima facie evidence of the code
violation at the hearing. The strict rules of evidence applicable
to judicial proceedings do not apply to hearings authorized under
this article. The admissibility of all evidence and questioning is
subject to the discretion of the Hearing Officer.
A.
The Hearing Officer will begin the Officer's call by introducing
himself or herself to the respondents and other attendees. The Hearing
Officer will inform attendees as to the nature and manner of the proceedings,
including such things as information about the order that cases will
be called, the need to maintain proper decorum, continuances, acceptable
and unacceptable defenses, and the range of financial penalties and
legal remedies so available.
B.
Subject to the discretion of the Hearing Officer, cases will generally
be called in the following manner:
(1)
Matters predetermined which result in a dismissal or settlement of
the case;
(2)
Cases not settled in which an attorney is present on behalf of the
respondent. The Hearing Officer should note in opening remarks that
attorneys are not given preferential treatment, but as officer of
the court their presence may be required at court or other time sensitive
matters;
(3)
Respondents seeking a full hearing;
(4)
Respondents moving to set aside a default order. The Hearing Officer
shall first decide whether the motion is timely and whether the Officer
has jurisdiction to entertain the motion. If timely, the Hearing Officer
shall determine the merits of the motion. If the motion is granted,
the Hearing Officer should proceed with a hearing on the case. If
the parties agree, Hearing Officer may schedule the hearing to take
place on the next scheduled administrative hearing call. If no such
call is schedule, the Hearing Officer shall set a date for hearing
within 28 days.
(5)
Cases in which no respondent has appeared. The Hearing Officer shall
proceed with a hearing and enter an order on the record.
C.
The Hearing Officer may grant continuances only upon a finding of
good cause. Continuances shall not be granted as a matter of course.
A respondent must state the reason for his or her continuance on the
record at the hearing, or in writing at least 48 hours in advance
of the hearing. The basis for any continuance shall be memorialized
by the Hearing Officer in a written order. The Hearing Officer may
require the respondent to provide documentation to support any request
for a continuance. Unless agreed to by the parties, a continuance
shall not be granted beyond the next scheduled hearing date, or if
no hearings are scheduled, a continuance shall not be in excess of
28 days.
D.
The County has the burden of proving a Code violation by a preponderance
of the evidence.
E.
The Hearing Officer may permit witnesses to testify via Zoom. However,
in such event, to assure that such testimony can be accommodated at
the hearing, the requesting party shall inform the Code Hearing Unit
of its intent to present remote testimony at least 48 hours in advance
of the hearing.
F.
Evidence, including hearsay, may be admitted only if it is the type
commonly relied upon by reasonable prudent persons in the conduct
of their affairs. The Hearing Officer shall determine the admissibility,
and the appropriate weight, of such testimony.
G.
Upon the timely request of any party to a hearing, any person who
the Hearing Officer determines may reasonably be expected to provide
testimony which is material and which does not constitute a needless
presentation of cumulative evidence, shall be made available for cross-examination
prior to a final determination of liability.
H.
The record of any evidentiary hearing shall be preserved via audio
recording and maintained by the Code Hearing Unit, until the time
for appeal of the Hearing Officer's Order has expired, or as
otherwise required by applicable federal or state law. All other matters
shall be recorded via written order or docket entries.
A.
At the conclusion of the hearing, the Hearing Officer shall make
a determination on the basis of the evidence presented at the hearing
as to whether a Code violation exists. The determination shall be
in writing and shall be designated as the Hearing Officer's findings,
decision, and order. The findings, decision, and order shall include
the Hearing Officer's findings of fact, a determination of whether
a code violation exists based on the findings of fact, and an order
imposing a fine, hearing costs, and/or directing the respondent to
abate or cease the violation, or dismissing the case if the violation
is not proved.
B.
If the Hearing Officer determines that the respondent is liable for
the cited violation, the Hearing Officer shall enter an order imposing
the mandatory hearing fees set forth at § 1-16.10 of this
article, along with sanctions for the violations proved, including
the imposition of fines, and costs of the County's abatement,
if any. In such case, the Hearing Officer shall enter an order imposing
fines for the violation(s) proven in the range of $100 to $1,000,
per violation, depending upon the severity and nature of the violation,
unless the Code otherwise provides for a provides for a specified
fee/fine for the violation. Depending upon the severity and nature
of the violation, the Hearing Officer may impose fines for each day
it was proven that the respondent knowingly failed to abate or cease
the violation.
C.
Costs may be recovered in the same manner as fines and penalties.
A copy of the findings, decision, and order shall be served by personal
service or by any method provided for service of the violation notice
under Section 5-41020 [55 ILCS 5/5-41020]. The payment of any penalty
or fine or costs of the proceedings and the disposition of that money
shall be in the manner provided in this Code, unless the County Board
provides otherwise when establishing the Code Hearing Unit.
D.
If, after proper notice and opportunity to be heard, a respondent
fails to abate or cease the violation for which he or she has been
found liable, in addition to any other remedies available to it under
the Code, the County may initiate abatement or enforcement actions
with respect to any such violation. In such circumstances, the respondent
shall be liable for all reasonable costs of abatement. The costs of
abatement will, after hearing, be set by the Hearing Officer. The
respondent shall be given at least 10 days' written notice to
assess the costs, via regular mail, to the respondent's last
known address.
The findings, decision, and order of the Hearing Officer shall
be subject to review in the Circuit Court of Stephenson County. The
Administrative Review Law [735 ILCS 5/3-101 et seq.] and the rules
adopted pursuant thereto shall apply to and govern every action for
the judicial review of the final findings, decision, and order of
a Hearing Officer under this article.
The order to correct a Code violation and the sanctions imposed
by the Hearing Officer against a respondent as the result of a finding
of a Code violation under this article shall attach to the property,
subject to the interests of all lien holders of record, as well as
to the owner of the property, so that the owner cannot avoid the finding
of a Code violation against the owner by conveying or transferring
the property to another. Any subsequent transferee or owner of property
takes the property subject to the findings, decision, and order of
a Hearing Officer under this article if a notice consisting of a copy
of the order to correct a Code violation and imposing any sanctions
and costs, if applicable, and a description of the real estate affected
that is sufficient to identify the real estate has been filed in the
Office of the Recorder by the County prior to the transfer or conveyance
to the subsequent transferee or owner.
A.
All fines, fees and other financial obligations paid to the County
in accordance with this article shall be remitted to the County Treasurer.
B.
Any fine, fee or other financial obligation imposed, or any part
of any fine or other sanction or financial obligation imposed, remaining
unpaid after the exhaustion of or failure to exhaust procedures for
judicial review under the Administrative Review Law [735 ILCS 5/3-101
et seq.] shall be a debt due and owed to the County and, as such,
may be collected in accordance with applicable law. Any subsequent
owner or transferee of property takes subject to this debt if a notice
has been filed pursuant to § 1-16.10 of this article.
C.
After expiration of the period within which judicial review under
the Administrative Review Law may be sought for a final determination
of the Code violation, the County may commence a proceeding in the
Stephenson County Circuit Court for purposes of obtaining a judgment
on the Hearing Officer's findings, decision, and order. Nothing
in this article prevents the County from consolidating multiple findings,
decisions, and orders against a person or property in such a proceeding.
D.
Upon commencement of an action under this section, the County shall
file a certified copy of the Hearing Officer's findings, decision,
and order, which shall be accompanied by a certification that recites
facts sufficient to show that the findings, decision, and order were
issued in accordance with this article and Division 5-41 of the Counties
Code. Service of the summons and a copy of the petition may be by
any method provided by Section 2-203 of the Code of Civil Procedure
[735 ILCS 5/2-203] or by certified mail, return receipt requested,
provided that the total amount of fines or other sanctions and costs
imposed by the findings, decision, and order does not exceed $5,000.
E.
If the court is satisfied that the findings, decision, and order
were entered within the requirements of this Ordinance and Division
5-41 of the Counties Code and that the respondent had an opportunity
for a hearing under this article and Division 5-41 of the Counties
Code and for judicial review as provided in Section 5-41045 of the
Counties Code [55 ILCS 5/5-41045]:
(1)
The court shall render judgment in favor of the County and against
the Respondent for the amount indicated in the findings, decision,
and order plus court costs. The judgment has the same effect and may
be enforced in the same manner as other judgments for the recovery
of money.
(2)
The Court may issue other orders or injunctions, or both, requested
by the County to enforce the order of the Hearing Officer or to correct
a Code violation.
F.
The Stephenson County Administrator and the Stephenson County Board
Chairperson, with the concurrence of the State's Attorney, or
his designee, may compromise, to the extent the administrator and/or
chairperson deem it to be in the best interests of the citizens of
Stephenson County, any monetary judgment entered in the favor of the
County arising out of an administrative code enforcement fine of less
than $5,000; and shall have the authority to execute on the behalf
of the County documents releasing the County's judgment lien
in exchange for payment of the compromised amount.
G.
The Stephenson County Administrator and the Stephenson County Board
Chairperson, with the concurrence of the State's Attorney or
its designee, shall also have the authority to execute on behalf of
the County documents releasing any other type of lien recorded in
favor of the County in the amount of $5,000 or less upon such terms
as the Administrator or Chairperson deem to be in the best interest
of the citizens of the County.
B.
These fees are to be paid by each respondent to a code violation
notice, but only if the respondent is found liable for the identified
Code violation after a hearing. These fees are administrative in nature
and shall be applied regardless of whether the Hearing Officer imposes
a fine or other penalty upon determining that a code violation exists.
A Code Hearing Unit is hereby established pursuant to Section
5-41010 of the Counties Code, 55 ILCS 5/5-41010.
Hereinafter, the County will adopt the Model Language for Administrative
Adjudication of County Violations.
