§ 2-396. Commencement of hearings.

(a)

A proceeding before a hearing officer shall be instituted upon the filing with the code administrator of a written sworn pleading, complaint or citation by any authorized official of the village, including police officers, code enforcement officers, and such other employees as authorized.

(b)

In the event a complaint causing the initiation of a hearing is filed by a tenant or occupant of a dwelling who is not also the owner thereof, no action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding, whether it be civil or criminal, shall be threatened or instituted against such tenant or occupant solely because such tenant or occupant files such complaint or agrees to testify or present tangible evidence at an administrative adjudication hearing. The foregoing sentence shall not apply if the owner proves by a preponderance of the evidence that such tenant or occupant is the proximate cause of the violation for which the hearing is commenced.

(c)

Defendants shall be served with a copy of the written sworn pleading, complaint or citation along with a notice of hearing in a manner reasonably calculated to give them actual notice of the proceeding instituted against them, by one of the following means:

(1)

Personal service upon a party or its authorized agent;

(2)

Service by certified mail, return receipt requested, at the party's last known address;

(3)

Service by first class mail, postage prepaid, at the party's last known address; or

(4)

If the party's last known address cannot be ascertained after a diligent search, by posting a copy of the sworn pleading, complaint or citation in a conspicuous place upon the property or motor vehicle where the violation is found when the party is the owner of the property or motor vehicle;

(5)

Any notice presented by first class or certified mail, or by posting, shall be deemed served three days after the deposit of such notice in the U.S. mail or the posting of such notice.

(d)

Notices of hearing shall include:

(1)

The type and nature of the ordinance violation to be adjudicated, including a citation to the appropriate section of the code;

(2)

The date and time of the administrative adjudication hearing;

(3)

The legal authority and jurisdiction under which the hearing is to be held;

(4)

The penalties for failure to appear at the hearing; and

(5)

Any witnesses or complainants who may be called to testify for the village who are not employees or officers thereof.

(e)

Administrative adjudication hearings shall be scheduled and docketed by the code administrator no less than 30 and no more than 40 days after the notice of hearing is served on the defendant. However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than seven nor more than 40 days after the violation is reported.

(Ord. No. 2009-1, § 3, 2-16-2009)