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2004-0465 -04 -04 ORDINANCE NO. 2004- 4 6 AN ORDINANCE ADDING CHAPTER 2.62, VILLAGE ADMINISTRATIVE HEARING SYSTEM, TO THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, The Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Illinois deem it in the best interest of the Village to establish an administrative adjudicative system pursuant to 65 ILCS 5/1- 2.1 -1, et seq., to be known as the "Village Administrative Hearing System "; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Pursuant to the authority conferred upon home rule units uindef, , the Constitution of the State of Illinois of 1970, the President and Board of Trustees of the Village of Buffalo Grove finds that it is necessary and in the public interest of the Village of Buffalo-.Grove that the Municipal Code of the Village of Buffalo Grove, as amended, be and the same: is ":hereby further amended by adding the following Chapter 2.62: _. CHAPTER 2.62: VILLAGE ADMINISTRATIVE HEARING SYSTEM 2.62.010 Establishment of Administrative Hearing System. A. There is hereby established and created within the Village an Administrative Hearing System to enforce and adjudicate violations ( "Violations ") of the following Chapters of the Municipal Code of the Village of Buffalo Grove (the "Code "), as the same have been, and may from time to time hereafter be, amended: 1. Chapter 10.20, Vehicle Seizure and Impoundment. 2. Such other Village . ordinances and Code provisions as the President and Board of Trustees may from time -to -time designate. B. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code are hereby adopted and incorporated into this Chapter as if fully set forth herein. C. The provisions of this Chapter shall apply to administrative adjudication proceedings to the extent that they are not inconsistent with the provisions of the Code which set forth specific procedures for the administrative adjudication of particular Code provisions. 2.62.020 Hearing Procedures Non - Exclusive. The provisions of this Chapter shall not preclude the Village from using other methods or proceedings to enforce and adjudicate the Code or other ordinances of the Village, including, 1 0 0 without limitation, the institution of an action in the Lake County Circuit Court, the Cook County Circuit Court, the United States District Court, or any administrative proceeding. 2.62.030 Administrative Composition. The Administrative Hearing System shall provide for one or more Hearing Officers and a Code Hearing Unit, all with the power, authority, and limitations as set forth in this Chapter. 2.62.040 Hearing Officer. A. Appointment. The Village Manager shall appoint one or more qualified Hearing Officers to perform the functions set forth in this Section. B. Independent Contractor. A Hearing Officer shall be employed as an independent contractor of the Village and shall not be considered an employee of the Village. A Hearing Officer may be removed, with or without cause, by the Village Manager. C. Qualifications. To qualify as a Hearing Officer, an individual must: 1. Be an attorney licensed to practice law in the State of Illinois for at least three years; 2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; 3. Complete a formal training program approved by the Village Manager and the Village Attorney consisting of: a. Instruction on the rules of procedure for administrative hearings; b. Orientation to each subject area of the Code that will be adjudicated; C. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and d. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders. D. Compensation. Authorization for compensation for a Hearing Officer shall be made by the President and Board of Trustees through the Village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations. E. . Authority and Powers. Hearing Officers shall have all powers necessary to conduct fair and impartial hearings including, but limited to, the power to: Violation; 1. Hold conferences for the settlement or simplification of the issues; 2. Administer oaths and affirmations 3. Hear testimony and accept evidence that is relevant to the allegation of a 2 i • 4. Issue subpoenas directing witnesses to appear and give relevant testimony at the Hearing, upon the request of the parties or their representatives; 5. Preserve and authenticate the record of the Hearing, including all exhibits and evidence introduced at the Hearing; 6. Issue a determination, based on the evidence presented at the Hearing, on whether a Violation occurred or exists. The Hearing Officer's determination shall be in writing and shall include a written finding of fact, decision, and order, including the fine, penalty, or other action with which the defendant must comply; and 7. Impose penalties consistent with applicable Code provisions and assess costs upon finding a defendant liable for the charged Violation, except as expressly provided in this Chapter. 2.62.050 Code Hearing Unit. A. Appointment. The Village Manager shall establish a Code Hearing Unit to perform the functions set forth in this Section. B. Authority and Jurisdiction. The Code Hearing Unit is hereby authorized, empowered, and directed to: 1. Recommend rules and regulations reasonably required to manage the Administrative Hearing System; 2. Adopt, distribute, and process all notices as may be required under this Chapter, or as may reasonably be required to carry out the purpose of this Chapter; 3. Collect payments made as a result of fines and/or penalties assessed after a final determination of liability; 4. Certify copies of final determinations of violations adjudicated pursuant to this Chapter, and any factual reports verifying the final determination of any liability that was issued in accordance with this Chapter or the laws of the State of Illinois, as from time to time amended; and 5. Keep accurate records of appearances and non - appearances at hearings, pleas entered, fines, and other penalties assessed and paid. 2.62.060 Violation Notice. A. A notice of any Violation ( "Violation Notice ") shall be issued by the persons authorized under this Chapter, shall contain information as to the nature of the Violation, shall be certified, and shall constitute prima facie evidence of the Violation cited. B. All full -time and part -time police officers, as well as other specifically authorized individuals of any department of the Village, shall have the authority to issue Violation Notices. 3 • C. Any individual authorized to issue Violation Notices who detects a Violation, is authorized to issue a Violation Notice thereof and shall serve the Violation Notice in the manner set forth in the Code. D. The correctness of facts contained in any Violation Notice shall be certified by the person issuing the notice through signing his or her name to the Violation Notice at the time of issuance. E. The Code Hearing Unit shall retain the original or a facsimile of the Violation Notice and keep it as a record in the ordinary course of business. F. The Violation Notice or a copy thereof shall be admissible in any subsequent administrative or judicial proceeding to the extent permitted by law. 2.62.070 Service. A. Service of any Violation Notice, unless otherwise provided, shall be made as follows: 1. Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or 2. Handing the notice to the person responsible for the ordinance Violation; or'.. 3. Mailing the notice by certified mail to the person responsible for the ordinance Violation; or B. If service of notice is provided by mail for any Violation Notice or for any Hearing notice, said service shall be deemed sent and shall be complete on the date the notice is deposited, postage prepaid, in the United States mail. The counting of any time period as set forth in the Code shall begin to run on the date the notice is deposited, postage prepaid, in the United States mail. 2.62.080 Hearings. All Hearings conducted under the Administrative Hearing System shall be conducted by a Hearing Officer and shall be in accordance with the following rules and procedures: A. A record of the Hearing shall be made by tape recording or other appropriate means. B. The parties may be represented by counsel, present witnesses, and cross - examine opposing witnesses. C. The Hearing Officer may grant continuances only upon a finding of good cause. D. All testimony shall be given under oath or affirmation. E. Parties may request the Hearing Officer to issue, and the Hearing Officer shall have the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents. 0 F. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. G. In a Hearing on the propriety of impoundment of a vehicle any sworn or affirmed report that (i) is prepared in the performance of a law enforcement officer's duties and (ii) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence H. Each Hearing shall culminate in a determination of liability or non - liability by the Hearing Officer or a determination of liability based upon the failure of the defendant to appear at the Hearing. I. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with the Code. In addition, the Hearing Officer shall have the discretion to assess costs upon finding a defendant liable for the charged Violation. In no event shall the Hearing Officer have authority to: (a) impose a penalty of incarceration; or (b) impose a fine in excess of $1,000.00 for a Violation. J. The maximum monetary fine imposed under the Code shall be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Village's Code and ordinances, and shall not be applicable to cases to enforce the collection of any taxi imposed and collected by the Village. 2.62.090 Judicial Review. Any final decision by a Hearing Officer that a Violation does or does not exist shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3 -101 et seq.). 2.62.100 Debt to the Village. Any fine, penalty or part of any fine or penalty assessed in accordance with the provisions of the Code and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative procedures under this Chapter and the conclusion of any judicial review procedures, shall be a debt due and owing the Village, and, as such, may be collected in accordance with applicable law. 2.62.110 Enforcement of Judgments. A. After expiration of the period that judicial review under the Illinois Administrative Review Law may be sought for a final determination of any Violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. B. Prior to any expenses being fixed by the Hearing Officer pursuant to this subsection (B), the Village shall provide a notice to the defendant that states 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 that 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 i run on the date that the notice is deposited in the mail. 2.62.120 Schedule of Fines /Penalties. 0 For a Violation of any Village ordinance, fines and penalties shall be as established from time to time by the President and Board of Trustees. Section 2. In the event any part or parts of this ordinance shall be found to be unconstitutional by a court of competent jurisdiction, such unconstitutionality shall not affect the validity of the remaining parts of this ordinance. Section 3. This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law, but in no event prior to June 1, 2004. AYES: 5 — Braiman, Glover, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 1- Berman PASSED: May 3 2004. APPROVED: 2004. PUBLISHED: May 4 2004. APPROVED: ATTEST: �'YL .�vi -vim lage Clerk lei Village President 0 Village Board Meeting Agenda Item Monday, May 3, 2004 Ordinance No. 2004 - An Ordinance adding Chapter 2.62, Village Administrative Hearing System, to the Village of Buffalo Grove Municipal Code. XII -C Agenda Section: Regular Agenda: New Business Order In Section: C Type of Item: Ordinance Department. OVM Requested By: Neukirch & Balinski Prepared By: Ghida Neukirch Trustee Liaison: Trustee Johnson Additional Documentation: Other Agenda Items: Overview The attached, proposed Ordinance relates the previous agenda item concerning the ability of the Village to seize and impound motor vehicles that are used in connection with illegal activities. As indicated, illegal activities for this purpose would include driving under the influence (DUI), 625 II.,CS 5/11- 501(a); and driving with a suspended or revoked license as a result of a DUI conviction, 625 ILCS 5/6 -303. The fees that may be imposed are an administrative penalty of $500.00. The primary purpose of the Administrative Hearing System is to enforce and adjudicate violations from the vehicle seizure and impoundment program. This System would provide for the Village Manager to appoint one or more qualified Hearing Officers to perform the functions set forth in the proposed Ordinance. The Hearing Officer would be employed as an independent contractor of the Village. They must be an attorney licensed to practice law in the State of Illinois for at least three years; be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; and complete a formal training program approved by the Village Manager and Attorney. Compensation for a Hearing Officer would be subject to Village Board approval. William Raysa, Village Attorney and Trustee Chuck Johnson, Public Safety Trustee Liaison, have met to review potential candidates to serve as Hearing Officers. Their reports will be sent to the Chief of Police for review and recommendation to the Village Manager for final approval. At the hearing, the Village would staff existing clerks to assist in the management of the hearings. The clerks would be responsible for tasks including but not limited to preparation of the docket, collection of payments made as a result of fines and/or penalties, and keeping accurate records of appearances and non - appearances at hearings, pleas entered, and others. Approval of the attached Ordinance is recommended. STATE OF ILLINOIS ) COUNTY OF COOK ) ss. CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that on May 3, 2004, the Corporate Authorities of the Village passed and approved Ordinance No. 2004 -46 entitled: An Ordinance Adding Chapter 2.62, Village Administrative hearing System to the Village of Buffalo Grove Municipal Code provided by its terms that it should be Published in'pamphlet form. The pamphlet form of Ordinance No. 2004 - 46including the Ordinance and a sheet thereof, was Prepared, and a copy of such Ordinance was posted in and at the Village Hall, commencing May 4, 2004, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the Office of Village Clerk. Dated at Buffalo Grove, Illinois, this 4th day of May, 2004. Villa e Clerk By 4 ' 5 -04 -04 I MV '0 WHEREAS, The Village of Buffalo Grove is a home rule unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the President and Board of Trustees of the Village of Buffalo Grove, Illinois deem it in the best interest of the Village to establish an administrative adjudicative system pursuant to 65 ILCS 5/1- 2.1 -1, et seq., to be known as the "Village Administrative Hearing System "; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT and BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, LAKE and COOK COUNTIES, ILLINOIS, as follows: Section 1. Pursuant to the authority conferred upon home rule units under the Constitution of the State of Illinois of 1970, the President and Board of Trustees of the Village of Buffalo Grove finds that it is necessary and in the public interest of the Village of Buffalo Grove that the Municipal Code of the Village of Buffalo Grove, as amended, be and the same is hereby further amended by adding the following Chapter 2.62: CHAPTER 2.62: VILLAGE ADMINISTRATIVE HEARING SYSTEM 2.62.010 Establishment of Administrative Hearing System. A. There is hereby established and created within the Village an Administrative Hearing System to enforce and adjudicate violations ( "Violations ") of the following Chapters of the Municipal Code of the Village of Buffalo Grove (the "Code "), as the same have been, and may from time to time hereafter be, amended: 1. Chapter 10.20, Vehicle Seizure and Impoundment. 2. Such other Village ordinances and Code provisions as the President and Board of Trustees may from time -to -time designate. B. The provisions of Division 2.1 of Article 1 of the Illinois Municipal Code are hereby adopted and incorporated into this Chapter as if fully set forth herein. C. The provisions of this Chapter shall apply to administrative adjudication proceedings to the extent that they are not inconsistent with the provisions of the Code which set forth specific procedures for the administrative adjudication of particular Code provisions. 2.62.020 Hearing Procedures Non - Exclusive. The provisions of this Chapter shall not preclude the Village from using other methods or proceedings to enforce and adjudicate the Code or other ordinances of the Village, including, without limitation, the institution of an action in the Lake County Circuit Court, the Cook County Circuit Court, the United States District Court, or any administrative proceeding. 2.62.030 Administrative Composition. The Administrative Hearing System shall provide for one or more Hearing Officers and a Code Hearing Unit, all with the power, authority, and limitations as set forth in this Chapter. 2.62.040 Hearing Officer. A. Appointment. The Village Manager shall appoint one or more qualified Hearing Officers to perform the functions set forth in this Section. B. Independent Contractor. A Hearing Officer shall be employed as an independent contractor of the Village and shall not be considered an employee of the Village. A Hearing Officer may be removed, with or without cause, by the Village Manager. C. Qualifications. To qualify as a Hearing Officer, an individual must: 1. Be an attorney licensed to practice law in the State of Illinois for at least three years; 2. Be in good standing with the Illinois Supreme Court Attorney Registration and Disciplinary Commission; 3. Complete a formal training program approved by the Village Manager and the Village Attorney consisting of- a. Instruction on the rules of procedure for administrative hearings; b. Orientation to each subject area of the Code that will be adjudicated; C. Observation of hearings conducted by Illinois municipalities that have adopted the administrative hearing system; and d. Participation in hypothetical hearings, including ruling on evidence and issuance of final orders. D. Compensation. Authorization for compensation for a Hearing Officer shall be made by the President and Board of Trustees through the Village's annual budget process. Compensation shall be determined by the Village Manager within approved budget limitations. E. Authority and Powers. Hearing Officers shall have all powers necessary to conduct fair and impartial hearings including, but limited to, the power to: Violation; 1. Hold conferences for the settlement or simplification of the issues; 2. Administer oaths and affirmations 3. Hear testimony and accept evidence that is relevant to the allegation of a 2 c 4. Issue subpoenas directing witnesses to appear and give relevant testimony at the Hearing, upon the request of the parties or their representatives; 5. Preserve and authenticate the record of the Hearing, including all exhibits and evidence introduced at the Hearing; 6. Issue a determination, based on the evidence presented at the Hearing, on whether a Violation occurred or exists. The Hearing Officer's determination shall be in writing and shall include a written finding of fact, decision, and order, including the fine, penalty, or other action with which the defendant must comply; and 7. Impose penalties consistent with applicable Code provisions and assess costs upon finding a defendant liable for the charged Violation, except as expressly provided in this Chapter. 2.62.050 Code Hearing Unit. A. Appointment. The Village Manager shall establish a Code Hearing Unit to perform the functions set forth in this Section. B. Authority and Jurisdiction. The Code Hearing Unit is hereby authorized, empowered, and directed to: 1. Recommend rules and regulations reasonably required to manage the Administrative Hearing System; 2. Adopt, distribute, and process all notices as may be required under this Chapter, or as may reasonably be required to carry out the purpose of this Chapter; 3. Collect payments made as a result of fines and /or penalties assessed after a final determination of liability; 4. Certify copies of final determinations of violations adjudicated pursuant to this Chapter, and any factual reports verifying the final determination of any liability that was issued in accordance with this Chapter or the laws of the State of Illinois, as from time to time amended; and 5. Keep accurate records of appearances and non - appearances at hearings, pleas entered, fines, and other penalties assessed and paid. 2.62.060 Violation Notice. A. A notice of any Violation ( "Violation Notice ") shall be issued by the persons authorized under this Chapter, shall contain information as to the nature of the Violation, shall be certified, and shall constitute prima facie evidence of the Violation cited. B. All full -time and part -time police officers, as well as other specifically authorized individuals of any department of the Village, shall have the authority to issue Violation Notices. 3 a i C. Any individual authorized to issue Violation Notices who detects a Violation, is authorized to issue a Violation Notice thereof and shall serve the Violation Notice in the manner set forth in the Code. D. The correctness of facts contained in any Violation Notice shall be certified by the person issuing the notice through signing his or her name to the Violation Notice at the time of issuance. E. The Code Hearing Unit shall retain the original or a facsimile of the Violation Notice and keep it as a record in the ordinary course of business. F. The Violation Notice or a copy thereof shall be admissible in any subsequent administrative or judicial proceeding to the extent permitted by law. 2.62.070 Service. A. Service of any Violation Notice, unless otherwise provided, shall be made as follows: 1. Handing the notice to the registered owner, operator or lessee of the vehicle, if present; or 2. Handing the notice to the person responsible for the ordinance Violation; or 3. Mailing the notice by certified mail to the person responsible for the ordinance Violation; or B. If service of notice is provided by mail for any Violation Notice or for any Hearing notice, said service shall be deemed sent and shall be complete on the date the notice is deposited, postage prepaid, in the United States mail. The counting of any time period as set forth in the Code shall begin to run on the date the notice is deposited, postage prepaid, in the United States mail. 2.62.080 Hearings. All Hearings conducted under the Administrative Hearing System shall be conducted by a Hearing Officer and shall be in accordance with the following rules and procedures: A. A record of the Hearing shall be made by tape recording or other appropriate means. B. The parties may be represented by counsel, present witnesses, and cross - examine opposing witnesses. C. The Hearing Officer may grant continuances only upon a finding of good cause. D. All testimony shall be given under oath or affirmation. E. Parties may request the Hearing Officer to issue, and the Hearing Officer shall have the authority to issue, subpoenas to direct the attendance and testimony of relevant witnesses and produce relevant documents. rd r- a i F. The formal and technical rules of evidence shall not apply. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. G. In a Hearing on the propriety of impoundment of a vehicle any sworn or affirmed report that (i) is prepared in the performance of a law enforcement officer's duties and (ii) sufficiently describes the circumstances leading to the impoundment, shall be admissible evidence of the vehicle owner's liability, unless rebutted by clear and convincing evidence H. Each Hearing shall culminate in a determination of liability or non - liability by the Hearing Officer or a determination of liability based upon the failure of the defendant to appear at the Hearing. I. The Hearing Officer shall, upon a determination of liability, assess fines and penalties in accordance with the Code. In addition, the Hearing Officer shall have the discretion to assess costs upon finding a defendant liable for the charged Violation. In no event shall the Hearing Officer have authority to: (a) impose a penalty of incarceration; or (b) impose a fine in excess of $1,000.00 for a Violation. J. The maximum monetary fine imposed under the Code shall be exclusive of costs of enforcement or costs incurred by the Village to secure compliance with the Village's Code and ordinances, and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the Village. 2.62.090 Judicial Review. Any final decision by a Hearing Officer that a Violation does or does not exist shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (735 ILCS 5/3 -101 et seq.). 2.62.100 Debt to the Village. Any fine, penalty or part of any fine or penalty assessed in accordance with the provisions of the Code and remaining unpaid after the exhaustion of, or the failure to exhaust, administrative procedures under this Chapter and the conclusion of any judicial review procedures, shall be a debt due and owing the Village, and, as such, may be collected in accordance with applicable law. 2.62.110 Enforcement of Judgments. A. After expiration of the period that judicial review under the Illinois Administrative Review Law may be sought for a final determination of any Violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. B. Prior to any expenses being fixed by the Hearing Officer pursuant to this subsection (B), the Village shall provide a notice to the defendant that states 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 that 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 is deposited in the mail. 2.62.120 Schedule of Fines /Penalties. For a Violation of any Village ordinance, fines and penalties shall be as established from time to time by the President and Board of Trustees. Section 2. In the event any part or parts of this ordinance shall be found to be unconstitutional by a court of competent jurisdiction, such unconstitutionality shall not affect the validity of the remaining parts of this ordinance. Section 3. This ordinance shall be in full force and effect after its passage, approval, and publication in the manner provided by law, but in no event prior to June 1, 2004. AYES: 5 — Braiman, Glover, Johnson, Kahn, Trilling NAYES: 0 - None ABSENT: 1- Berman PASSED: May 3 22004. APPROVED: May 3 12004. PUBLISHED: May 4 2004. ATTEST: Wage Clerk APPROVED: 3 Village President