[11-15-2010]
The Village of Thornton adopts 65 ILCS 5/1-2.1-1 et seq. in
its current form and as it may be amended from time to time for adjudication
of Village Code violations to the extent permitted by the Illinois
Constitution.
[11-15-2010]
As used in this chapter, unless the context requires otherwise:
BUILDING CODE VIOLATIONS
Any municipal ordinance, law, housing or Building Code or
zoning ordinance that establishes construction, plumbing, heating,
electrical, fire prevention, sanitation or other health and safety
standards that are applicable to structures in a municipality, but
not any municipal ordinance that requires the cutting of weeds or
grass, the removal of garbage and debris, the removal of inoperable
motor vehicles, or the abatement of nuisances from private property.
CODE
Any municipal ordinance, law, housing, building or zoning
ordinance.
HEARING OFFICER
An attorney who meets the qualifications enumerated in 65
ILCS 5/1-2.1-4.
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This chapter does not preclude the Village from using other
methods to enforce the provisions of its Code.
[11-15-2010]
If on the date set for hearing the defendant or his attorney
fail to appear, the hearing officer may find the defendant in default
and shall proceed with the hearing and accept evidence relative to
the existence of a Code violation.
[11-15-2010]
No continuances shall be authorized by the hearing officer in
proceedings under this chapter except in cases where a continuance
is absolutely necessary to protect the rights of the defendant. Lack
of preparation shall not be grounds for a continuance. Any continuance
authorized by a hearing officer under this Department shall not exceed
45 days. The case for the municipality may be presented by a municipality
employee or by an attorney designed by the municipality. However,
in no event shall the case for the municipality be presented by an
employee of the Code Hearing Department. The case for the defendant
may be presented by the defendant, his attorney, or any other agent
or representative.
[11-15-2010]
At the hearing, a hearing officer shall preside and shall hear
testimony and accept the evidence relevant to the existence or non-existence
of a Code violation. The strict rules of evidence applicable to judicial
proceedings shall not apply to hearings authorized by this chapter.
It shall be a defense to a Building Code violation charged under this
chapter if the owner, his attorney or any other agent or representative
proves to the hearing officer's satisfaction that the code violation
alleged in the notice has been remedied or removed at the time of
hearing.
[11-15-2010]
At the conclusion of the hearing, the hearing officer shall
make a determination on the basis of the evidence presented at the
hearing whether or not a Code violation exists. The determination
shall be in writing and shall be designated as findings, decision
and order. The findings, decision and order shall include the hearing
officer's finding of fact, a decision whether or not a Code violation
exists based upon the findings of facts, and an order that states
the sanction or dismisses the case if a violation is not proved. A
monetary sanction for a violation under this chapter shall not exceed
the amount provided for in 65 ILCS 5/1-2-1 in its current form and
as amended from time to time. A copy of the findings, decision and
order shall be served on the defendant within five days after they
are issued; service shall be in the same manner as the report form
and summons are served under this chapter. Payment of any penalty
or fine and the disposition of fine money shall be in the same manner
as set forth in the Code.
[11-15-2010]
The municipality adopts by reference all current and future
local ordinances, and those provisions of Illinois Compiled Statutes
governing property or zoning codes applicable to structures or properties
relative to construction, plumbing, heating, electrical, fire prevention,
sanitation and other health and safety standards in the municipality,
and the fines and sanctions contained therein, for its enforcement
and adjudication within the geographical boundaries of the municipality.
[11-15-2010]
The findings, decision and order of the hearing officer shall
be subject to review in the Circuit Court of Cook County, and the
provisions of the administrative review law (735 ILCS 5/3-101 et seq.),
and all amendments and modifications thereto, and the rules adopted
pursuant thereto are adopted and shall apply to and govern every action
for the judicial review of the final findings, decision and order
of a hearing officer under this chapter.