[Added 9-9-2003 by Ord. No. 2-2003; amended 1-10-2023 by Ord. No. 1-2023]
The purpose of this article is to provide a fair and efficient method of enforcing the City of Hometown's ("City") ordinances through administrative adjudication of charges of nonvehicular violations of the Municipal Code of Hometown ("City Code").
Section 1-2.1-2 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-2, authorizes home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois Constitution. The City is a home rule municipality. The Illinois Constitution provides that a home rule unit may exercise any power and perform any function pertaining to its government and affairs (Illinois Constitution, Art. VII, Sec. 6(a) (1970)). The Illinois Constitution also provides that a home rule unit may exercise and perform, concurrently with the state, any power or function of a home rule unit to the extent that the General Assembly, by law, does not specifically limit the concurrent exercise, or specifically declare the state's exercise to be exclusive (Illinois Constitution, Art. VII, Sec. 6(i) (1970)). The Illinois Constitution further provides that the powers and functions of home rule units shall be construed liberally.
All provisions of the City Code, whether or not hereinbefore limited to specific means of enforcement, may be enforced through the administrative adjudication system, except for (a) proceedings not within the statutory or home rule authority of the City; or (b) any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles, and reportable offenses under Section 6-204 of the Illinois Vehicle Code.
The City reserves the right to employ all other means and methods available under the law to enforce its City Code, including direct application to the Courts.
There is hereby established a department within the City government to be known as the "Code Hearing Unit," which shall have the power to administer and enforce a system of administrative adjudication of nonvehicular regulation violations. The Code Hearing Unit shall be comprised of a Hearing Officer, and may include any one or more of the following: an Administrator, System Coordinator, and Hearing Room Personnel (Deputy).
The persons who shall hold the positions of Hearing Officer, Administrator, Systems Coordinator, and Hearing Room Personnel shall be appointed or assigned by the Mayor and compensated as provided below:
(A) 
Hearing Officer. The Mayor is hereby authorized to appoint a hearing officer. To be eligible to the hold the position of hearing officer the person shall: (i) be an attorney licensed to practice law in the State of Illinois for at least three years; and (ii) have successfully completed a formal training program consisting of (a) instruction on the rules of procedure of the administrative hearings which he/she will conduct; (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) 
Administrator, System Coordinator, and Hearing Room Personnel. The Mayor shall assign the duties of Administrator, System Coordinator, and Hearing Room Personnel, as needed, to City employees. One or more persons may be assigned to hold the positions and fulfill the duties set forth above.
(C) 
Compensation. Compensation to be paid for any of the above-stated positions or assignments shall be established by the City Council.
The Code Hearing Unit is vested with the following powers and authority:
(A) 
Hearing Officer. The Hearing Officer shall have all of the powers enumerated in 65 ILCS 5/1-2.1-4, the provisions of which are incorporated herein by reference, including the power to:
(1) 
Preside over all administrative hearings;
(2) 
Administer oaths and affirmations;
(3) 
Hear testimony and accept evidence that is relevant to the existence of the code violation;
(4) 
Issue subpoenas to secure the attendance of witnesses and the production of relevant papers or documentation upon the request of the parties or their representatives;
(5) 
Rule upon objections and the admissibility of evidence;
(6) 
Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
(7) 
Issue a determination, based on the evidence presented at the hearing, of whether a code violation exists. A determination of liability shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the person found liable must comply;
(8) 
Impose penalties or award remedies consistent with the City Code and assess costs upon a finding of liability. The fines and penalties assessed for code violations administered through the administrative adjudication system shall be as provided in this City Code. However, in no event shall the Hearing Officer have the authority to (a) impose a penalty of incarceration, or (b) impose a fine in excess of $50,000, which shall be exclusive of costs of enforcement or costs imposed to secure compliance with the City Code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the City;
(9) 
Order the removal of persons whose conduct is disruptive to the hearing process; and
(10) 
Request that the City Attorney, or other attorney representing the City, attend a hearing to formally prosecute a particular code violation. In such a case, the Hearing Officer shall establish the order of proof. However, the matters set forth in the citation shall remain prima facie evidence of the offense.
(B) 
Administrator. The Administrator shall be empowered and is authorized and directed to:
(1) 
Operate and manage the administrative adjudication system;
(2) 
Adopt, distribute, and process violation notices and other notices as may be required to carry out the purpose of this article;
(3) 
Collect monies paid as fines and/or penalties assessed after a determination of liability;
(4) 
Promulgate rules and regulations reasonably required to operate and maintain the administrative adjudication system;
(5) 
Collect unpaid fines and penalties, and otherwise pursue all post-judgment remedies available under law;
(6) 
Compromise or otherwise settle violation notices prior to a hearing date. Any such compromise should be made of record by the Administrator on the date the violation notice was scheduled to be heard, with an explanation by the Administrator as to the reason for such compromise. The Hearing Officer shall be required to approve any such compromise or settlement at the hearing; and
(7) 
Amend violation citations on their face to correct scrivener and typographical errors, and to complete minor omissions and insert missing information.
(C) 
System Coordinator. The System Coordinator shall operate and maintain computer programs for the administrative adjudication system created hereunder, on a day-to-day basis, including, but not limited to:
(1) 
Input of violation notice information;
(2) 
Hearing and notice dates;
(3) 
Fine and penalty assessments and payments;
(4) 
Issue receipts for payment;
(5) 
Issue succeeding notices of hearing dates or court dates and/or final determination of liability, as directed by the Administrator or by the Hearing Officer, in accordance with the provisions hereinafter set forth; and
(6) 
Keep accurate records of appearances and nonappearances at administrative hearings, pleas entered, and fines and penalties assessed and paid.
(D) 
Hearing Room Personnel. Hearing Room Personnel shall be full-time, part-time, or auxiliary police officers. The Hearing Room Personnel shall:
(1) 
Maintain hearing room decorum;
(2) 
Have and carry out such authority as is granted to courtroom deputies of the Circuit Court; and
(3) 
Perform such other duties or acts as may reasonably be required by the Hearing Officer or the Administrator.
Citations administered through the administrative adjudication system shall be issued in accordance with the following provisions:
(A) 
Violation notices. Citations ("violation notices") shall be served, certified, and have evidentiary value as hereinafter stated. Certain violation notices may be issued that allow the recipient to pay a fine prior to any hearing. If the recipient fails to pay the required fine within the allotted time, the violation notice will be processed through the administrative adjudication system as otherwise provided in this article.
(B) 
Authorization. All full-time, part-time, and auxiliary police officers, as well as any other person authorized under the City Code to issue citations for violations of the City Code, shall have the authority to issue violation notices.
(C) 
Content. Violation notices shall contain, at a minimum, the following information:
(1) 
The name of the party violating the ordinance, if known;
(2) 
The date, time, and place of the violation (date of issuance);
(3) 
A citation to the particular City Code section violated;
(4) 
The common address of the building or property alleged to be in violation (the "Cited Property") of the City Code, if applicable;
(5) 
The fine and any penalty that may be assessed;
(6) 
The signature and identification number, if applicable, of the person issuing the violation notice;
(7) 
The date, time, and place of the administrative hearing at which the charge may be contested on its merits. The date of the hearing shall be no less than 15 days after the date of service of the violation notice. A hearing may be set at a date less than 15 days after the date of service of the violation in an emergency if the violation constitutes a threat to public interest, safety, or welfare;
(8) 
A statement of penalties for failure to appear at the hearing; and
(9) 
A statement noting that the payment of the indicated fine, including any late payment, shall operate as a final disposition of the violations.
(D) 
Service of violation notices. Service of violation notices shall be made by the person issuing such notice, or his/her designee, by:
(1) 
Personal service of process on the person responsible for the code violation, or its employees or agents;
(2) 
Mailing a copy of the violation notice to the person responsible for the code violation by certified mail, return receipt. Such service shall be completed as of the date of deposit in the United States Mail; or
(3) 
Posting the notice upon the cited property when the person responsible is the owner or manager of the property.
(E) 
Certification. The correctness of the facts contained in the violation notice shall be verified by the person issuing the violation notice by:
(1) 
Signing his/her name to the violation notice at the time of issuance; or
(2) 
In the case of a violation notice produced by a computer device, by signing a single certificate, to be maintained by the Administrator, attesting to the correctness of all violation notices produced by the device while under his/her control.
(F) 
Business records. The original or complete copy of the violation notice shall be retained by the Administrator and kept in accordance with the ordinary course of business.
(G) 
Prima facie evidence. Any violation notice, or complete copy thereof, shall be prima facie evidence of the correctness of the facts shown thereon.
An administrative hearing shall be held to adjudicate City Code violations on their merits in accordance with the following provisions:
(A) 
Time, date, and location. The time, date, and location of any administrative hearing shall be as set forth on a violation notice.
(B) 
Recording. Administrative hearings shall be tape-recorded.
(C) 
Nonappearance. Persons who do not appear on their scheduled hearing date shall have a determination of liability entered against them by default. A determination of liability entered by default shall be forwarded to any person who fails to appear and shall contain the same information as a determination of liability. The default determination of liability may be set aside by the Hearing Officer if, within 21 days of issuance of the determination, a petition is received stating what the Hearing Officer determines is good cause for failure to appear or at any time if the petitioner establishes the City did not provide proper service of process of the violation notice. The Hearing Officer shall provide the petitioner with notice of a new hearing date or his/her denial of the petition. The default determination shall state that it shall constitute a determination of liability if such petition is not received, if the petition is denied, or if after setting of a new hearing date the person fails to appear.
(D) 
Hearing rights. Persons appearing to contest an alleged ordinance violation may be represented by counsel of their own choice at their own expense, may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents. Subpoenas shall be certified by the Administrator, and shall be served and include a witness fee in the same manner and rate as applicable to circuit court subpoenas.
(E) 
Evidentiary standard. The formal and technical rules of evidence do not apply. Evidence, including hearsay, may be admitted if it is of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs. City police reports, inspection reports, records of state, and other governmental agencies shall be admissible in evidence.
(F) 
Determinations. Hearings shall result in a final determination of liability or nonliability after consideration of the facts and/or testimony. The Hearing Officer shall, upon a determination of liability, assess fines, penalties, and costs in accordance with this article. A determination shall constitute a final determination for purposes of judicial review.
(G) 
Notice of determination. A notice of determination shall be sent following the conclusion of the administrative hearing, and shall contain, at a minimum, the following information:
(1) 
The determination, including the findings, decision and order of the Hearing Officer;
(2) 
A statement of any fines, penalties and costs imposed;
(3) 
A date by which the violation must be brought into compliance with the City Code;
(4) 
A statement that any unpaid fines and penalty constitute a debt due and owed to the City; and
(5) 
A warning that the determination of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. In the case in which a defendant fails to comply with a judgment ordering the correction of a City Code violation or imposing any fine or other sanction as a result of the City Code violation, a statement that any expenses incurred by the City to enforce the judgment, including, but not limited to, attorneys' fees, court costs and costs related to property demolition or foreclosure, shall be a debt due and owed to the City and may be collected in accordance with applicable law.
(H) 
Review. Administrative review of final determinations issued by the Hearing Officer shall be subject to the provisions of the Administrative Review Law as is set forth in Section 735 ILCS 5/3-101 et seq. The City shall have the right to appeal a determination, regardless of whether the citation in question was formally prosecuted with the presence of an attorney representing the City.
(A) 
Collection. Upon exhaustion or expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought, unless stayed by a court of competent jurisdiction, any fine, penalty, or costs imposed that remain unpaid shall constitute a debt due and owed to the City and may be collected in accordance with applicable law.
(B) 
Judgment. Upon exhaustion or expiration of the period in which judicial review under the Illinois Administrative Review Law may sought, unless stayed by a court of competent jurisdiction, a determination of liability may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. In any case in which the Hearing Officer finds that a defendant failed to comply with a determination ordering the defendant to correct a ordinance violation or imposing any fine or other sanction as a result of a ordinance violation, any expenses incurred by the City to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure after they are fixed by the Hearing Officer, shall be a debt due and owed to the City and may be collected in accordance with applicable law. Prior to any expenses being fixed by a Hearing Officer hereunder, the Administrator shall provide notice to the defendant that provides that the defendant shall appear at a hearing before the Hearing Officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such hearing, which shall not be less than seven days from the date that notice is served. If notice is served by mail, the seven-day period shall begin to run on the date that the notice was deposited in the mail.
(C) 
Lien. A determination of liability may be enforced in the same manner as a judgment entered by a court of competent jurisdiction, including the recording of a memorandum of judgment or other instrument in the manner authorized by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, and upon recording, said judgment shall constitute a lien on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owed to the City.