[Ord. 2014-809, 6-2-2014]
The purpose of this chapter is to provide for the fair, efficient
and expedited enforcement of this Code, as may be allowed by law and
directed by ordinance, through a Code Hearing Department proceeding
and to establish a Code Hearing Department and personnel.
[Ord. 2014-809, 6-2-2014]
(A)
There is hereby created a separate and independent department of
the City of Lincoln to be known as the Code Hearing Department.
(B)
The City of Lincoln hereby adopts in its entirety, Division 2.2 of
Article 1 of the Illinois municipal code. Any inconsistency between
this chapter and Division 2.2 of Article 1 of the Illinois municipal
code shall be resolved with respect to alleged violations to be adjudicated
under authority of this subsection in favor of Division 2.2 of Article
1 of the Illinois municipal code. The Code Hearing Department shall
have the power and authority under this subsection and Division 2.2
of Article 1 of the Illinois municipal code to enforce any municipal
ordinance by an administrative adjudication proceeding, other than:
1.
Building code violations that must be adjudicated pursuant to Division
31.1 of Article 11 of the Illinois municipal code;
2.
Any offense under the Illinois vehicle code or a similar offense
that is a traffic regulation governing the movement of vehicles;
3.
Any reportable offense under Section 6-204 of the Illinois vehicle
code.
(C)
The City of Lincoln hereby adopts in its entirety, Division 31.1
of Article 11 of the Illinois municipal code. Any inconsistency between
this chapter and Division 31.1 of Article 11 of the Illinois municipal
code with respect to alleged violations to be adjudicated under authority
of this subsection shall be resolved in favor of Division 31.1 of
Article 11 of the Illinois municipal code. The Code Hearing Department
shall have the power and authority under this subsection and Division
31.1 of the Illinois municipal code to enforce 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 or any municipal ordinance that requires, after
notice, the cutting of weeds, the removal of garbage and debris, the
removal of inoperable motor vehicles or the abatement of nuisances
from private property.
(D)
Any other provision of this chapter to the contrary notwithstanding,
any officer or employee of the City who charges any person with a
violation of any provision of this Code may elect to proceed by filing
a complaint in Logan County circuit court or by utilizing any other
enforcement procedure authorized by this Code rather than utilizing
the procedures set forth in this chapter. Any officer or employee
of the City who seeks administrative adjudication of any complaint
under this chapter may at any time prior to commencement of the hearing
on the merits of such complaint by the hearing officer dismiss the
complaint seeking administrative adjudication without prejudice and
thereafter refile the complaint under this chapter, utilize any other
enforcement procedure authorized by this Code or refile the complaint
in Logan County circuit court.
[Ord. 2014-809, 6-2-2014]
The Code Hearing Department shall consist of, upon appointment
by the Mayor with the advice and consent of the City Council and under
the direct supervision of the Mayor, a hearing officer, and such other
positions as may be approved by the City Council, with the powers
and duties as hereinafter set forth. Other than the hearing officer,
one person may serve more than one such position. Compensation for
each of the positions shall be as approved by the City Council.
(A)
Hearing Officer:
1.
The hearing officer, prior to appointment, must be an attorney licensed
to practice law for at least three years in the state of Illinois.
The hearing officer shall preside over all adjudicatory hearings and
shall have the following powers and duties:
(a)
To administer oaths;
(b)
To hear testimony, to accept evidence that is relevant to the
existence of violation of this Code and to rule upon motions, objections
and the admissibility of evidence;
(c)
To issue subpoenas directing witnesses to appear and give relevant
testimony at the hearing, upon the request of the parties or their
representatives;
(d)
To preserve and authenticate the record of the hearing and all
exhibits and evidence introduced at the hearing;
(e)
To issue and sign a written finding, decision and order stating
whether a violation of this Code exists;
(f)
To impose penalties, sanctions or such other relief consistent
with applicable provisions of this Code and to assess costs upon finding
a party liable for the charged violation, except however, that in
no event shall the hearing officer have authority to impose a penalty
of incarceration;
(g)
To review final determination of liability for an ordinance
violation in accordance with the administrative review procedures
hereinafter set forth; and
(h)
To hold conferences for the settlement or simplification of
issues.
2.
Prior to conduction of code hearing proceedings under this chapter,
the hearing officer shall have successfully completed a formal training
program which includes the following:
(a)
Instruction on the rules of procedure of the administrative
hearings over which the hearing officer shall preside;
(b)
Orientation to each subject area of the code violations that
he/she will adjudicate;
(c)
Observation of administrative hearings; and
(d)
Participation in hypothetical cases, including ruling on evidence
and issuing final orders.
(B)
Director: The director is authorized and directed to:
1.
Operate and manage the Code Hearing Department;
2.
Adopt, distribute and process all notices as may be required under
this chapter or as may be reasonably required to carry out the purpose
of this chapter;
3.
Collect monies paid as fines and/or penalties assessed after a final
determination of liability;
4.
Certify copies of final determinations of an ordinance violation
adjudicated pursuant to this chapter, and any factual reports verifying
the final determination of any violation liability which was issued
in accordance with this chapter;
5.
Promulgate rules and regulations reasonably required to operate and
maintain the administrative adjudication system hereby created;
6.
Collect unpaid fines and penalties through private collection agencies
and direct the pursuit of all postjudgment remedies available by law;
7.
Provide input of violation notice information;
8.
Establish hearing dates and notice dates;
9.
Record fine and penalty assessment and payments;
10.
Issue payment receipts;
11.
Issue succeeding notice of hearing dates and/or final determination
of liability;
12.
Keep accurate records of appearances and nonappearances at code
hearing, pleas entered, judgments entered, sanctions imposed, if any,
fines and penalties assessed and paid;
13.
Effectuate any other authority as may be reasonably required
for the proper administration of this chapter;
14.
Designate one or more assistant directors to assist in fulfilling
responsibilities hereunder; and
15.
The Building and Safety Official shall be the default director
under this chapter.
[Ord. 2014-809, 6-2-2014]
The adjudication of any ordinance violation shall afford a party
due process of law. The notice charging a violation of this Code shall
be accompanied by a summons and shall contain, but shall not necessarily
be limited to, the following information:
(A)
The name and address of the defendant.
(B)
The date, time and place the violation was observed.
(C)
A citation to the ordinance violated.
(D)
A description of the act or omission which violates the ordinance.
(E)
The signature of the person issuing the notice.
(F)
The address of the structure where the violation is observed, if
applicable.
[Ord. 2014-809, 6-2-2014]
Service shall be provided by state law under the applicable
provision of the Illinois municipal code.
[Ord. 2014-809, 6-2-2014]
The administrative adjudication of any ordinance violation shall
afford a party due process of law and shall substantially follow the
procedure set forth below:
(A)
Any administrative proceeding conducted by the Code Hearing Department
shall afford the parties an opportunity for a hearing before a code
hearing officer.
(B)
An attorney who appears on behalf of any person shall file with the
hearing officer a written appearance on a form provided by the Code
Hearing Department for that purpose.
(C)
The hearing officer may grant continuances only in cases where a
continuance is absolutely necessary to protect the rights of the defendant.
Lack of preparation by either party shall not be grounds for a continuance.
Any continuance authorized by a hearing officer under this chapter
shall not exceed 25 days.
(D)
All testimony shall be given under oath or affirmation.
(E)
The hearing officer may issue subpoenas to secure the attendance
and testimony of relevant witnesses and production of relevant documents.
Issuance of subpoenas shall be subject to restrictions contained in
this chapter.
(F)
The formal and technical rules of evidence shall not apply to the
conduct of the hearing. Evidence, including hearsay, may be admitted
only if it is of a type commonly relied upon by reasonably prudent
persons in the conduct of his or her affairs.
(G)
No violation may be established except upon proof by a preponderance
of the evidence; provided, however, that a violation notice, or a
copy thereof, issued and signed in accordance with state law shall
be prima facie evidence of the correctness of the facts contained
therein.
(H)
Upon timely request of any party to a proceeding, 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.
(J)
The record of a hearing before a hearing officer may include a record
of the testimony presented at the hearing, which may be by means of
a tape recording, transcription or other appropriate means.
1.
The Code Hearing Department shall not be required to provide recording
services or equipment.
2.
Any party desiring to record the testimony presented at the hearing
shall provide its own court reporter, transcriber or recorder at that
party's own expense regardless of the outcome of the hearing.
3.
The hearing officer may reasonably limit where the court reporter,
transcriber or recorder may be placed in the hearing room. If the
party, the court reporter, transcriber or recorder is unwilling to
follow reasonable limitations then the hearing officer may remove
the court reporter, transcriber or recorder.
(K)
Upon conclusion of a hearing, the hearing officer shall make a final
written determination on the basis of the evidence as to whether or
not a code violation exists. Upon issuing a final determination of
liability, the hearing officer shall:
1.
Impose penalties and/or fines that are consistent with applicable
provisions of this Code.
2.
Issue orders that are consistent with applicable provisions of this
Code, including, but not limited to, orders to cure or abate any continuing
violations of this Code; and
3.
Assess costs reasonably related to instituting the hearing.
(L)
In the issuance of a final determination of liability, a hearing
officer shall inform the defendant of defendant's right to seek
judicial review of the final determination.
[Ord. 2014-809, 6-2-2014]
(A)
If at the time set for a hearing the recipient of a violation notice
or a notice of hearing, or the recipient's attorney of record,
fails to appear, the hearing officer may find the recipient in default
and proceed with the hearing and accept evidence relevant to the existence
of a code violation and conclude with a finding, decision and order.
A copy of the order of default shall be served in any manner permitted
under this chapter.
(B)
Within 21 calendar days from the issuance of an order of default,
a recipient of a violation notice or a notice of hearing who has been
found to be in default may petition the hearing officer to set aside
the determination and set a new hearing date on the basis that the
failure to appear at the hearing was for good cause. If the petition
is granted, the hearing officer shall serve notice of the new hearing
date upon the petitioner in any manner permitted by this chapter no
less than seven calendar days prior to the hearing date.
[Ord. 2014-809, 6-2-2014]
A final order of a hearing officer shall constitute a final
determination and shall be subject to review under the Illinois administrative
review law.
[Ord. 2014-809, 6-2-2014]
Any fine, other sanction or costs imposed by a hearing officer's
order and any expenses incurred by the City to enforce the order,
including, but not limited to, attorney fees, court costs and costs
related to property demolition or foreclosure, that remain unpaid
after the exhaustion of, or failure to exhaust, judicial review of
a hearing officer's final determination of liability for a code
violation shall be a debt due and owing the City and, as such, may
be collected in accordance with applicable law.
[Ord. 2014-809, 6-2-2014]
All fines and other monies paid to the City in accordance with
this chapter shall be remitted to the City of Lincoln treasurer for
deposit to the City general fund.
[Ord. 2014-809, 6-2-2014]
There shall be no posthearing motion practice before the Code
Hearing Department.
[Ord. 2014-809, 6-2-2014]
The City hereby adopts and incorporates canon 3(A)(6) of the
code of conduct for administrative law officers. Therefore, hearing
officers and other personnel of the Code Hearing Department are required
to refrain from public comment about a pending proceeding before the
Code Hearing Department.
[Ord. 2014-809, 6-2-2014]
In instances where this Code calls for the imposition of a mandatory
minimum fine upon a finding of liability, a hearing officer may not
waive, suspend or reduce the imposition of said mandatory minimum
fine.
[Ord. 2014-809, 6-2-2014]
For an ordinance violation of this Code, fines and penalties
shall be as established from time to time by the Mayor or City Council.
[Ord. 2014-809, 6-2-2014]
The director may adopt any other necessary and proper rules,
regulations or provisions to carry into effect this chapter and the
powers granted and purposes stated in this Code.
