Illinois Compiled Statutes 65 ILCS 5/11-19.2-7 – Hearing – Evidence
Current as of: 2024 | Check for updates
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Terms Used In Illinois Compiled Statutes 65 ILCS 5/11-19.2-7
- Code: means any municipal ordinance that pertains to or regulates: sanitation practices; forestry practices; the attachment of bills or notices to public property; the definition, identification and abatement of public nuisances; and the accumulation, disposal and transportation of garbage, refuse and other forms of solid waste in a municipality. See Illinois Compiled Statutes 65 ILCS 5/11-19.2-1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearing officer: means a person other than a sanitation inspector or law enforcement officer having the following powers and duties:
(1) to preside at an administrative hearing called to
determine whether or not a code violation exists; |
(2) to hear testimony and accept evidence from the
sanitation inspector, the respondent and all interested parties relevant to the existence of a code violation; |
(3) to preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the hearing; |
(4) to issue and sign a written finding, decision and
order stating whether a code violation exists; and |
(5) to impose penalties consistent with applicable
code provisions and to assess costs reasonably related to instituting the proceeding upon finding the respondent liable for the charged violation, provided, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration. See Illinois Compiled Statutes 65 ILCS 5/11-19.2-1 The hearing officer shall preside at the hearing, shall hear testimony and accept any evidence relevant to the existence or non-existence of a code violation upon the property indicated. The sanitation inspector‘s signed violation notice and report form shall be prima facie evidence of the existence of the code violation described therein. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized under this Division.
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