Chapter 2-30
ADMINISTRATIVE ADJUDICATION SYSTEM
Sections:
2-30-030 Creation of an administrative adjudication system.
2-30-050 Hearing administrator.
2-30-060 Administrative hearing officer.
2-30-070 Powers and duties of administrative hearing officer.
2-30-080 Notice of violations.
2-30-100 Administrative hearings.
2-30-110 Final determination of liability for ordinance violations.
2-30-120 Failure to appear at hearing or violation of orders.
2-30-130 Schedule of fines and penalties—Collection fees and costs.
2-30-140 Enforcement of judgment.
2-30-010 Purpose.
The stated purpose of this chapter is to provide for fair and efficient enforcement of city ordinances as may be allowed by law and directed by ordinance, through an administrative adjudication of violations of such city ordinances by an administrative hearing officer and establishing a schedule of fines, penalties, costs, authority, and procedures for collection of unpaid fines, penalties, and costs. (Ord. 3474 § 2, 2023)
2-30-020 Definitions.
For purposes of this chapter, the following words shall have the following meanings:
A. Administrative Hearing Officer. A person appointed or identified by the mayor to adjudicate administrative hearings, as set forth in this chapter.
B. Code. Any municipal ordinance, law, rule, regulation or code set forth in Titles 1 through 17, inclusive, except:
1. Such ordinances for which the potential penalty described therein includes a period of incarceration;
2. Any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles; and
3. Any reportable offense under Section 6-204 of the Illinois Vehicle Code.
C. Owner.
1. For the purposes of violation related to real property, “owner” includes a person to whom the county collector sent the last ascertainable tax bill;
2. For the purposes of a violation related to motor vehicles, the person to whom the motor vehicle is registered, as provided by the records of the Secretary of State of Illinois; or
3. Any person so described herein may present clear and convincing evidence to overcome the presumption that such person is the owner of the property and/or motor vehicle for which the person received a notice of violation. (Ord. 3474 § 2, 2023)
2-30-030 Creation of an administrative adjudication system.
A. Pursuant to Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq., which authorizes home rule municipalities to implement a system of administrative adjudication, there is hereby created a system of administrative adjudication of violations of the code. The system will authorize a hearing officer to conduct adjudicatory hearings of cases instituted by city representatives.
B. The city adopts sections of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq., as it may be amended from time to time. In the event of a conflict between said statutes and this chapter, this chapter shall prevail.
C. The creation and operation of a system of administrative adjudication does not preclude the city from using other lawful methods to enforce the provisions of the code, including the system of administrative adjudication for vehicular standing and parking violations (Chapter 10-08) and the code hearing division within the planning department (Chapter 2-28). Furthermore, the election to enforce any citation through this system of administrative adjudication will not represent an election with respect to any other citation, even if it is for a violation for the same section of the code. (Ord. 3474 § 2, 2023)
2-30-040 Jurisdiction.
Those matters subject to administrative hearings provided by this chapter include violations of the code and violations of the Illinois Vehicle Code relating to standing, parking or conditions of vehicles. (Ord. 3474 § 2, 2023)
2-30-050 Hearing administrator.
There is hereby created the title of hearing administrator who shall be appointed or identified by the mayor. The hearing administrator shall be responsible for maintaining the records of the system, developing forms, preparing notices, scheduling hearings, recording hearings, providing hearing dispositions to participants, preparing liens, enforcing judgments, and any other necessary duties to ensure the efficient operation of administrative hearings. The mayor may also appoint such other persons to assist the hearing administrator. (Ord. 3474 § 2, 2023)
2-30-060 Administrative hearing officer.
A. The mayor of the city of Harvey shall appoint a qualified person to serve as the administrative hearing officer.
B. Prior to conducting administrative adjudication proceedings under this chapter, the administrative hearing officer shall have successfully met the requirements of Section 65 ILCS 5/1-2.1-4(c) regarding training and qualifications of administrative hearing officers. (Ord. 3474 § 2, 2023)
2-30-070 Powers and duties of administrative hearing officer.
The administrative hearing officer shall preside over all adjudicatory hearings and have the following powers and duties:
A. Administering oaths, hearing testimony and accepting evidence that is relevant to the existence of the code violation;
B. Issuing subpoenas directing the attendance and testimony of relevant witnesses and the production of relevant documents at the hearing, where in each case relevancy is determined in the discretion of the hearing officer, upon the request of the parties, their representatives, or on the administrative hearing officer’s own motion;
C. Ordering discovery upon the request of the parties, their representatives, or on the administrative hearing officer’s own motion, as justice requires;
D. Preserving and authenticating the record of the hearing and all exhibits and evidence admitted into the record at the hearing;
E. Postponing or continuing a hearing to a later date at the request of any party for good cause shown; provided, that any continuance will not extend beyond the next scheduled hearing date;
F. Issuing a notice of final determination based upon a review of the notice of violation, citation, other charging document (hereinafter, “charging document”) and/or the evidence admitted. The notice of final determination shall be in writing, shall be designated as final determination, and shall include findings, the fine, penalty, cost(s) and/or action with which the respondent must comply, which may include correcting the ordinance violation;
G. Upon finding a respondent liable for violating one or more charged violations:
1. Imposing penalties consistent with applicable code provisions, except however, that in no event shall the administrative hearing officer have authority to impose a penalty of incarceration or impose a fine less than the minimum or in excess of the maximum fine indicated for the violation in the Harvey Municipal Code. The administrative hearing officer shall take into consideration violators who commit repeated offenses.
2. Imposing, in addition to fines, administrative and/or enforcement costs and, when applicable, imposing costs incurred by the city for effecting compliance with the code provision(s) for which the respondent has been found liable.
3. Ordering forfeiture of bond money deposited by an owner to retrieve a vehicle imposed under the code if the owner is found guilty of or pleads guilty to the violation which gave rise to the impoundment, fails to appear at the hearing, or fails to timely request a hearing.
4. In no event shall the hearing officer have authority to impose a fine in excess of fifty thousand dollars ($50,000.00), provided the maximum monetary fine under this subsection (G)(4) shall be exclusive of costs of enforcement or costs imposed to secure compliance with the code and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the city.
H. Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record.
I. Regulating the course of the hearing in accordance with this chapter, the rules adopted by the hearing administrator for the conduct of administrative hearing, and other applicable law. (Ord. 3474 § 2, 2023)
2-30-080 Notice of violations.
A. Notices of ordinance violations shall include the following information:
1. The name and address of the owner or party violating the ordinance, if known.
2. The date, time, and location of the violation.
3. If the violation involved a motor vehicle, the vehicle description and registration number.
4. The particular ordinance violated, including code section or section of the Illinois Vehicle Code.
5. The date, time, and place of an administrative hearing at which the violation may be contested in-person on its merits.
6. Information as to the availability for an adjudication by mail by which the registered owner or lessee may contest by mail the merits of the violation without personally appearing and the manner in which such contest by mail may be had.
7. The fine, the date when the fine is due if no hearing is timely requested, and any penalty that may be assessed for late payment, as well as notice that the payment of the fine and any penalty shall constitute a final disposition of the violation.
8. The name and identification number of the person issuing the notice. The city official or person authorized by ordinance to issue and serve ordinance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the hearing administrator attesting to the correctness of all notices produced by the device while it was under his or her control.
B. The lessee of any vehicle cited in the notice of violation shall have the same rights, responsibilities and obligations as the registered owner, as provided for in 625 ILCS 5/11-1306. No person who is the lessor of a vehicle pursuant to a written lease agreement shall be liable for a violation of any standing or parking regulation involving such vehicle during the period of the lease if upon receipt of a notice of violation the lessor shall, within thirty (30) days, provide to the hearing administrator the name and address of the lessee. If the lessor fails to provide the name and address of the lessee within thirty (30) days of receiving notice, the lessor shall, upon a determination of liability by the administrative hearing officer, be liable for the full amount of the fine and costs resulting from the violation.
C. The notice of violation shall be served in one of the following manners:
1. Handing the notice to the owner/operator of the vehicle, or the owner or person responsible for the property where the violation occurred if he or she is present; or
2. Affixing the notice to an unlawfully parked vehicle; or
3. Personal service of process as authorized by the Illinois Code of Civil Procedure, 725 ILCS 5/2-203; or
4. Mailing the notice by certified mail, return receipt requested to the registered owner of the cited vehicle as recorded with the Illinois Secretary of State or department of motor vehicles for the state where the vehicle is registered; or
5. Mailing the notice by certified mail, return receipt requested to the owner of the real property where the violation occurred, according to the most recently ascertainable records of the county assessor; or
6. Posting a copy of the notice of violation in a conspicuous place on the real property where the violation occurred; provided, that the city has first attempted to deliver the notice of violation by means described in subsection (C)(1), (3) or (5) of this section.
D. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be available to the hearing administrator, and shall be a record kept in the ordinary course of business. For any violation of the Illinois Vehicle Code within the jurisdiction of the hearing officer, an ordinance violation notice issued, signed (including electronic signatures), and served in accordance with this section, and a copy of the notice (or the computer-generated record) shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer-generated record shall be admissible in any subsequent administrative hearing or legal proceedings. (Ord. 3474 § 2, 2023)
2-30-090 Contest by mail.
Persons who have been served vehicular standing, parking, or compliance regulation violation notices, in accordance with this chapter, many contest the validity of the alleged violation without personally appearing at an administrative hearing by:
A. Completing the “Contest By Mail Citation Review” form, which includes providing a signature acknowledging his or her personal appearance is waived and submitting to an adjudication based upon the signed statement and other supporting materials (i.e., photos, written statements) filed by him or her and the facts contained in the violation notice. This form must be accompanied with a self-addressed stamped envelope and must be received by the police department within three (3) days of the administrative hearing date.
B. Upon review of the materials submitted, the administrative hearing officer shall make a determination of liability or nonliability. The administrative hearing officer shall, upon determination of liability, assess fines in accordance with the Harvey Municipal Code for the violation.
C. Notice of determination of the administrative hearing officer shall be served upon the person contesting a violation notice by first class mail with the self-addressed stamped envelope at the address set forth in the material submitted in accordance with subsection A of this section. (Ord. 3474 § 2, 2023)
2-30-100 Administrative hearings.
A. Administrative hearings shall be conducted monthly. Hearing dates shall not occur earlier than fifteen (15) days after the service of the notice of ordinance violation upon the respondent.
B. All administrative hearings conducted under this chapter shall be open to the public and shall be presided over by a duly appointed administrative hearing officer who shall afford the parties due process of law appropriate for administrative proceedings.
C. Any person under the age of eighteen (18) who receives a notice of violation for any mandatory administrative hearing appearance shall appear in the administrative hearing with a parent or legal guardian. A person who is a minor at the time of the incident, but becomes eighteen (18) years of age by the time of the hearing, is still considered a minor requiring a parent or legal guardian appearance.
D. All administrative hearings shall be recorded, either by audiotape, videotape, or other appropriate means, on equipment provided by the hearings administrator. Any party may provide a certified court reporter, at the requesting party’s expense.
E. Any party may, at his or her expense, be represented by counsel, present witnesses, and (except where the citation is prima facie evidence under this chapter) cross-examine opposing witnesses. For any violation of the Illinois Vehicle Code within the jurisdiction of the administrative hearing officer, no city official or attorney need be present, and the administrative hearing may proceed upon a properly executed and served notice of ordinance violation, which shall constitute prima facie evidence of the violation cited in the notice of ordinance violation.
F. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
G. The hearing officer may assess hearing costs upon finding a respondent liable for a violation of any provision of the city code; however, in no event shall the cost of the hearing exceed twenty-five dollars ($25.00).
H. No violations may be established except upon proof by a preponderance of evidence.
I. At the conclusion of the hearing, the administrative hearing officer shall inform the parties in writing of his or her determination (a notice of final determination), which constitutes a final determination for purposes of judicial review under the Illinois Administrative Review Law. Based on the charging document, the evidence admitted and other state and local records kept in the ordinary course of business, the administrative hearing officer may issue the following determinations: liable or not liable. The administrative hearing officer also may dismiss the case or grant a properly made motion by the city voluntarily dismissing the case. No other officer of the city may dismiss a notice of violation.
J. If the administrative hearing officer issues a final determination of liability, he or she may impose fines, hearing fees, restitution fees, community service, and make orders to correct the ordinance violation.
1. Each day that the violation continues shall be considered a separate and distinct offense. In a prosecution under this chapter, it shall not be a defense that a person came into compliance with an order, sought judicial review of an order, or made efforts to comply with an order, subsequent to its effective date.
2. Community service shall only be performed at a not-for-profit organization at the discretion and approval of the administrative hearing officer.
3. Persons who are assigned to community service shall return proof of completed hours of service on written letterhead bearing the name of the not-for-profit, the dates and hours of service, and contact information for a representative of the organization.
4. The hearing officer may revoke a deferred prosecution agreement if a person granted deferred prosecution does not complete the terms of the signed agreement in the time allotted. As a result, the individual may be found liable and assessed the applicable penalties provided by law. (Ord. 3474 § 2, 2023)
2-30-110 Final determination of liability for ordinance violations.
A. Following a final determination of liability, a notice of final determination shall be sent to the respondent setting forth the following:
1. The findings decision, and order of the administrative hearing officer.
2. A statement that the unpaid fine and any penalty assessed is a debt due and owing to the city.
3. A date by which the violation must be brought into compliance with the code.
B. The respondent has the right to appeal the final determination of violation liability in the Circuit Court of Cook County pursuant to the Illinois Administrative Review Act, 735 ILCS 5/3-101, et seq., by filing a proper lawsuit against the city of Harvey. (Ord. 3474 § 2, 2023)
2-30-120 Failure to appear at hearing or violation of orders.
A. In cases where the respondent fails to request an administrative hearing or pay the fines and penalty by the due date set forth in the notice of violation, the city shall send the respondent a notice of final determination with a finding of liable by default.
B. A notice of judgment entered by default shall be forwarded to any respondent who fails to appear and shall contain the same information as a determination of liability, but shall also state that the judgment may be set aside by the administrative hearing officer if, within twenty-one (21) days of issuance of the judgment, a motion is filed and received by the hearing administrator stating good cause for failure to appear. The grounds for the request may be limited to:
1. The person having already paid the fine or penalty for the violation in question; and
2. Excusable failure to appear at or request a new date for a hearing.
C. After the determination of liability has been set aside upon a showing of just cause, the respondent shall be provided with an immediate hearing on the merits for that violation.
D. Failure to take action within twenty-one (21) days will result in a default final determination of liability for the cited violation in the amount of the fine or penalty indicated. Upon the occurrence of a final determination of liability and the exhaustion of or failure to exhaust available administrative or judicial procedures for review, any unpaid fines or penalty will constitute a debt due and owing the city and may be collected by any means authorized as provided in Section 2-30-140.
E. Any person, having received notice and an opportunity for a hearing as provided in this chapter, who knowingly fails to comply with an order issued by the administrative hearing officer under this chapter, including the issuance of subpoena, shall, if the order is not stayed by a court of competent jurisdiction prior to its effective date, be guilty of contempt. Contempt shall be enforceable only by the judicial system of the Circuit Court, Cook County, Illinois, and shall be punishable by applicable law. (Ord. 3474 § 2, 2023)
2-30-130 Schedule of fines and penalties—Collection fees and costs.
A. Any person cited for a violation which qualifies for administrative adjudication will be provided an opportunity to either:
1. Submit payment to the city in the amount listed on the notice of violation; or
2. Request and appear at an administrative adjudication hearing to contest the violation.
B. Payment to the city will serve as proof of satisfaction or resolution of the violation. All fines and other monies to be paid to the city in accordance with this chapter shall be remitted to the city and deposited in the appropriate account as designated by the city administrator or the city administrator’s designee.
C. In the event a fine or penalty is assessed pursuant to any provision of this code, a default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by means authorized for the collection of monetary judgments, as noted in Section 2-30-140. The city and its attorney, the comptroller, or their designees may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty imposed by this code, or any installment of a fine or penalty. Any fees or costs incurred by the city with respect to attorneys or private collection agents retained by the city under this action shall be charged to the offender.
D. To ensure that code violations are remedied in a timely manner, the administrative hearing officer, upon issuing a determination of liability that includes an order of compliance, may order the respondent in the case to obtain a bond to ensure respondent’s timely compliance with the code provision(s) found to have been violated.
1. Any bond ordered pursuant to this subsection shall name the city as beneficiary and shall be in the amount specified by the administrative hearing officer; provided, that the amount of the bond shall be reasonably related to the cost of compliance. Any bond issued as a result of the administrative hearing officer’s order is subject to review and modification by the city administrator as to form and amount.
2. If the respondent fails to remedy in a timely manner the code violation(s) for which a bond has been ordered and issued and the city undertakes remediation or otherwise expends funds related to the code violation(s) for which a bond has been ordered and issued, the administrative hearing officer, after giving the parties notice and opportunity to be heard, may issue an order permitting the city to draw against the bond in an appropriate amount. The administrative hearing officer shall order the bond amount, less the reasonable costs incurred by the city, returned to the respondent upon proof of compliance with the code provision(s) found to have been violated.
3. In the event a respondent ordered to secure a bond seeks judicial review of the portion of the administrative hearing officer’s order requiring a bond and prevails on that issue, the city shall release the bond, and if the city has drawn against the bond, the city shall refund to the respondent the total amount drawn against the bond no later than thirty (30) days of receiving a copy of the reviewing court’s mandate. (Ord. 3474 § 2, 2023)
2-30-140 Enforcement of judgment.
A. After the expiration of the period within which judicial review may be sought for a final determination of violations, the findings, decision and order of the administrative hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
B. In any case in which the administrative hearing officer finds that a respondent has failed to comply with a judgment ordering a respondent to correct a code violation or imposing any fine or other sanction as a result of a code 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 administrative hearing officer, shall be a debt due and owing the city and may be collected in accordance with applicable law. Prior to any expenses being fixed by the administrative hearing officer pursuant to this subsection, the city shall provide notice to the respondent that states that the respondent shall appear at the hearing before the administrative hearing officer to determine whether the respondent has failed to comply with the judgment and to establish the amount of the costs incurred by the city. The notice shall set the date for such a hearing, which shall not be less than seven (7) days from the date that notice is served. If notice is served by mail, the seven (7) day period shall begin to run on the date that the notice was deposited in the mail.
C. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the respondent in the amount of any debt due and owing the city under this chapter. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
D. All methods of enforcement and collection available to the city shall be cumulative, provided the city does not receive more than one complete payment of the fines and costs due and owing under the code. The election by the city to exercise one form of enforcement or collection shall not serve to exclude any other means of enforcement or collection. (Ord. 3474 § 2, 2023)