Rules and Regulations
SECTION 1: That Title I, "Administrative" Chapter 8, "Composition
and Obligations of Legal Department" Section 7 "Administrative
Hearings Program" of the Des Plaines City Code be added as follows:
1-8-7.1: CREATION AND PURPOSE.
A. There is hereby established an Administrative Hearings
System which is authorized to conduct administrative hearings on
citations charging violations of municipal ordinances of the City
of Des Plaines.
B. The City adopts 65 Illinois Compiled Statutes 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.
1-8-7.2 JURISDICTION: Matters subject to the administrative
hearings system provided for by this Title are charges of violation
of any ordinance (alternatively, "City Code", "code" of the City of
Des Plaines so long as the charge is not a "moving traffic
violation", the relief sought is not a penalty of incarceration or a
fine in excess of fifty thousand dollars ($50,000) per violation,
excluding allowable costs.
1-8-7.3 DIVISION OF ADMINISTRATIVE HEARINGS: There is hereby
established within the City Attorney’s Office, a division of
administrative hearings, the function of which is to expedite the
prosecution and/or correction of code violations subject to the
jurisdiction of the administrative hearings system. The division is
authorized to conduct and manage administrative hearing proceedings
in the manner provided for in this Title. The division will consist
of a division administrator and such other persons as the City
Manager appoints to assist with the administrative hearing system
provided for in this Title.
1-8-7.4 DIVISION ADMINISTRATOR; POWERS AND DUTIES: The City
Attorney or his/her designee shall be the division administrator.
The division administrator’s responsibilities shall include:
A. Operating and managing the administrative hearing system;
B. Recommending the appointment and removal of administrative
hearing officers, as necessary;
C. Promulgating rules and regulations for the conduct of
administrative hearing proceedings.
1-8-7.5 ADMINISTRATIVE HEARING OFFICER.
A: Creation and Qualifications.
The position of Administrative Hearing Officer is hereby
created. The Administrative Hearing Officer shall be appointed by
the Mayor with the consent of the City Council. The term of the
Administrative Hearing Officer shall be one (1) year. The number
of Administrative Hearing Officer positions and compensation shall
be approved by the City Council. The Administrative Hearing
Officer shall be an attorney admitted to the practice of law in
the State of Illinois with at least three (3) years of active
practice experience.
B: Powers.
The Administrative Hearing Officer shall have all powers
necessary to conduct fair and impartial hearings including, but
not limited to, the power to:
1. Hold conferences for the settlement or simplification of
the issues;
2. Administer oaths and affirmations;
3. Hear testimony;
4. Issue subpoenas;
5. Rule upon motions, objections, and the admissibility of
evidence;
6. At the request of any party or on the Administrative
Hearing Officer’s own motion, subpoena the attendance of
relevant witnesses and the production of relevant books,
records, or other information;
7. Preserve and authenticate the record of the hearing and
all exhibits and evidence introduced at the hearing;
8. Regulate the course of the hearing in accordance with this
Chapter, or other applicable law;
9. Issue a final order which includes findings of fact and
conclusions of law;
10. Impose penalties and fines, not to exceed $750.00 per
violation, issue orders that are consistent with applicable code
provisions and assess costs upon finding a party liable for the
charged violation. In no event shall an Administrative Law
Officer have the authority to impose a penalty of imprisonment.
1-8-7.6 RULES AND REGULATIONS: The rules and regulations
promulgated for the conduct of administrative adjudication hearings
shall be published and kept on file in the office of the City Clerk
where they shall be available to the public for inspection and
copying at nominal rates during normal business hours.
1-8-7.7 INSTITUTING ADMINISTRATIVE HEARINGS: All Sworn Police
Personnel, all Community Service Officers, all City Inspectors and
Fire Prevention Officers are hereby authorized to institute an
administrative adjudication hearing by issuing a violation notice
specifying the date, time and place of the violation, the ordinance
or ordinances violated, and the identification and signature of the
person issuing the violation notice. In addition, the Notice shall
include the date and location of the hearing, the legal authority
and jurisdiction under which the hearing is to be held, and the
penalties for failure to appear at the hearing.
A. Service of Violation Notice.
Service of parking, standing, or compliance violation notice
shall be effected either by affixing the original or a facsimile
of the notice to an unlawfully parked vehicle or by handing the
notice to the operator of a vehicle if he or she is present. A
parking, standing, or compliance violation notice issued, signed
and served in accordance with this Section, or a copy of the
notice, shall be prima facie evidence of the correctness of the
facts shown on the notice. The notice or copy shall be admissible
in any subsequent administrative or legal proceedings without
foundation or authentication.
The lessee of a leased vehicle shall be served in the same
manner as service on the owner and/or operator of the vehicle, and
shall have the right to participate in the Administrative Hearing
to contest the violation as set forth in this Ordinance.
Service of all other violation notices shall be in a matter
reasonably calculated to give them actual notice, including, as
appropriate, personal service of process upon a party or its
employees or agents; service by mail at a party’s address; or
service by posting notice on the property where the violation is
found. The signed violation notice, or a copy thereof if the
original is unavailable, shall be admissible without foundation or
authentication in any administrative or legal proceeding, and
shall be prima facie evidence of the correctness of the facts
shown in the Violation Notice.
1-8-7.8: SUBPOENAS
A. Issuance.
An Administrative Law Officer may issue a subpoena only if he
or she determines that the testimony of the witnesses or the
documents or items sought by the subpoena are necessary to present
evidence that is relevant to the case and relates to a contested
issue in the case.
B. Content.
A subpoena issued under this Chapter shall identify:
1. The person to whom it is directed;
2. The documents or other items sought by the subpoena, if
any;
3. The date for the appearance of the witness and the
production of the documents or other items described in the
subpoena;
4. The time for the appearance of the witness and the
production of the documents or other items described in the
subpoena; and
5. The place for the appearance of the witness and the
production of the documents or other items described in the
subpoena.
C. Appearance. In no event shall the date identified for the
appearance of a witness or the production of documents or other
items be less than seven days after service of the subpoena.
D. Contesting the Subpoena. Within three business days of being
served with a subpoena issued in accordance with this Chapter, the
recipient of the subpoena may contest the order authorizing the
issuance of the subpoena to the Administrative Hearing Officer,
setting forth in detail the recipient’s objections to the
subpoena. Upon receipt of the contest to the subpoena, the
Administrative Hearing Officer shall review the objections and,
upon review, enter the appropriate order.
1-8-7.9: REPRESENTATION AT HEARINGS.
A. City Representation. The case for the City may be presented
by the City Attorney, Assistant City Attorney or by an attorney
designated by the City Attorney.
B. Respondent Representation. The case for the Respondent may
be presented by the Respondent or an agent or attorney of the
Respondent. An agent or attorney shall present a written
authorization signed by the Respondent giving the agent or
attorney power to act and to bind the Respondent to any orders
entered by the Administrative Hearing Officer.
1-8-7.10: CONDUCT OF HEARINGS: The Administrative Hearing Officer
shall conduct the hearings in an orderly manner and insist upon
proper decorum by all persons present at the hearings. The intent of
the hearings is to provide the City and the Respondent a full and
fair presentation of the issues.
1-8-7.11 TESTIMONY and EVIDENCE.
A. Testimony. Hearsay testimony may be admitted by the
Administrative Hearing Officer in making his/her determination.
The Administrative Hearing Officer shall determine the weight, if
any, to be given to the testimony.
B. Evidence. The technical rules of evidence shall not apply.
Relevant documents may be received into evidence without formal
proof of authenticity. The Administrative Law Officer shall
determine the weight, if any, to be afforded documents received
into evidence.
C. Transcript of Proceedings. The Hearing shall be recorded.
The City shall determine the manner in which the transcript of
proceedings shall occur. Either party may request that the
proceedings be taken and transcribed by a certified court
reporter. The cost of the court reporter shall be borne by the
party requesting the court reporter. The City may, at its cost,
record the proceedings. If a recording is made, a Respondent may
obtain a transcript at Respondent’s cost.
D. Continuances. All administrative law hearings shall be
conducted on the date set for hearing. For good cause shown, a
continuance may be granted at the discretion of the Administrative
Hearing Officer. The purpose of administrative hearings is to
provide a prompt resolution of alleged code violations, and
accordingly, the request for and the grant of, continuances shall
be granted only for good cause shown.
1-8-7.12 ORDERS: The Administrative Hearing Officer shall issue a
written order specifying the ordinance violated, and the fine and
other relief granted. The order shall also contain the following
Notice:
The fines and penalties contained in this order are a debt due
and owing the City of Des Plaines and said total of fines and
penalties must be paid within 30 days of the date the order is
issued by the Administrative Hearing Officer.
Failure to pay any fine or penalty due and owing the City
within the aforementioned time period may result in the City’s
instituting an action in the Circuit Court of Cook County to
recover said fines and penalties. In addition, the City may
petition the Illinois Secretary of State for a suspension of
Respondent’s driver’s license for failure to pay fines and
penalties totaling $250 or greater under 625 ILCS 6-306.5.
A. Final Orders.
The Order of the Administrative Hearing Officer becomes final
30 days following entry of the Order, or 30 days from a denial of
a timely-filed petition to set aside the Hearing Officer’s
decision, whichever occurs last.
B. Petition to Set Aside Determination.
A petition to set aside the Order of the Administrative Hearing
Officer must be filed within 30 days of entry of the
Administrative Hearing Officer’s order. The petition shall be
filed in the City Clerk’s office and notice shall be given to the
City Attorney within 3 days of filing. The Administrative Hearing
Officer shall set a briefing schedule and hearing date. The
grounds for the petition are limited to the following: a) lack of
proper service, b) the person not having been the owner or lessee
of the property cited on the date the violation notice was issued,
c) the Order is against the manifest weight of the evidence, or
that new evidence unknown to and unavailable to a party on the
date of the Hearing will materially affect the Order of the
Hearing Officer, or d) excusable failure to appear at the Hearing
or request a new date for a hearing. In the event the
determination of parking, standing, or compliance violation is set
aside upon a showing of just cause, the Administrator shall set a
hearing on the merits for that violation at the earliest available
date convenient to all parties.
C. Violations of Orders.
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 an Administrative Law Officer under this
Chapter, including the issuance of a 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
punishable by a fine not to exceed $250. Each day that the
violation continues shall be considered a separate and distinct
offense. In a prosecution under this section, it shall not be a
defense that a person came into compliance with an order, sought
judicial review of it, or made efforts to comply with an order,
subsequent to its effective date.
1-8-7.13: FINES: All fines and other monies paid to the City in
accordance with this Chapter shall be remitted to the City and
deposited in the appropriate City account as designated by the
Director of Finance and Administrative Services.
1-8-7.14: ADMINISTRATIVE HEARING PROGRAM PROCEDURES NOT
EXCLUSIVE: Notwithstanding any other provisions of this Chapter, the
authority of the Code Hearing Department to conduct administrative
hearings in accordance with this Chapter shall not preclude the City
from seeking any remedies for code or ordinance violations through
the use of any other administrative procedure or court proceeding.
A. Other Provisions Not Limiting.
1. Notwithstanding any other provision of the Ordinances of
the City or City Code, all provisions of the code or ordinance
may be enforced by instituting an administrative adjudication
hearing with the Code Hearing Department as provided in this
Chapter.
2. Nothing in this Chapter shall affect the jurisdiction of
the Liquor Control Commissioner, Human Relations Commission,
Firefighters Pension Fund, Police Pension Fund, the Zoning Board
of Appeals, or the Board of Fire and Police Commissioners, or
any other Commission established by the Code of the City of Des
Plaines.
1-8-7.15: APPEAL: Any party to an Administrative Hearing may
appeal the Order of the Administrative Hearing Officer to the
Circuit Court of Cook County within 30 days of the entry of the
Order. In the event that a party files a timely petition to set
aside a Hearing Officer’s ruling pursuant to Section 1-8-7.12B, a
party may appeal the Order within 30 days of a decision on a
petition to set aside a Hearing Officer’s Order. Such appeal shall
be limited to a review of the official record of proceedings of the
Administrative Hearing. Only evidence found in the official record
of proceedings may be considered on appeal.
Living In Des
Plaines | Your
Local Government |
Your City Services
Economic
Development |
ADA Compliance |
Online City
Reference Desk
Search |
Site Map |
Site Use Policy
| Home
|
