Administrative Adjudication Process
What is Administrative Adjudication?
Administrative Adjudication is a quasi-judicial tribunal for the expedient, independent and impartial adjudication of municipal ordinance violations. An Administrative Law Judge oversees the proceedings, which may cover traffic and parking violations, Building Code and Property Code violations, and Fire Code violations. The Judge is independent from the City of West Chicago Departments that perform the investigations and prepare the citations for the Code violations. The Judge is not a City employee, rather an impartial licensed Illinois attorney who must meet strict state requirements to serve in this capacity.
Prior to establishing Administrative Adjudication, ordinance violations were heard only in the DuPage County Circuit Court. Advantages of having a separate process include that it is less complex than a formal judicial proceeding and is more time and cost effective for both parties.
Administrative Adjudication hearings do not follow the strict and often complicated rules of evidence and procedure. The Administrative Law Judge still follows a basic structure to ensure fairness and due process of law.
To continue to assist the public in understanding the Administrative Adjudication Process, the City has provided the following additional details on this web page.
- Why was I issued a citation, Notice of Violation or Notice to Appear?
- What do I do if I receive a citation, Notice of Violation (NOV), or Notice to Appear (NTA)?
- What should I bring to my hearing?
- What do I do when I arrive for my hearing?
- Who may participate in the hearing?
- How is the hearing conducted?
- What if I am found liable?
- What if I am found not liable?
- What if either side disagrees with the Judge’s decision?
- What can I do about a default judgement?
- What happens if someone does not comply with the Judge’s order?
- How can I pay a fine?
Why was I issued a citation, Notice of Violation or Notice to Appear?
City Departments charged with protecting the public safety, health and welfare may file a case to be heard by the Administrative Law Judge based on the observation of a violation or investigation by a City inspector or enforcement officer. When the City believes that a violation has occurred, it serves the alleged party, which could be an individual, organization or business, with a citation. If the violation is building, property or fire related, a Notice of Violation (NOV) is first issued, typically giving the party time to correct the violation before a Notice to Appear (NTA) in the Administrative Adjudication court is issued.
Questions about the citation, NOV and NTA must be directed to the inspector or officer who issued the citation or Notice. For a NOV or NTA question, please call 630-293-2200. For citations issued by the Police Department, call 630-293-2222.
What do I do if I receive a citation, Notice of Violation (NOV), or Notice to Appear (NTA)?
The citation, NOV or NTA will inform you of the alleged violation; when the violation occurred or was observed; and, explain your options with regard to paying a fine, obtaining compliance, or the opportunity or requirements to appear in the Administrative Adjudication court. If you must appear in court, the citation or NTA will state the date, time and place of the hearing. Ignoring a required appearance in court may result in a default judgement being entered against you. A default judgement may include fines and other penalties if an NTA was issued, or your personal or driving privileges if it was a citation.
What should I bring to my hearing?
It is in your best interest to attend the hearing, unless you have corrected the matter raised in an NTA and the inspector has confirmed that your case will be non-suited. Furthermore, if the ticket or NTA was issued to a company or LLC, State of Illinois law requires a lawyer to represent you at the hearing. As an individual you may choose to bring an attorney as your representative if you wish.
You are encouraged to bring with you all of your evidence (photos, receipts, invoices, permits, etc.) and any witnesses. If English is not your first language, bring along a friend or family member to help translate. The City of West Chicago offers Spanish/English translation at each hearing.
What do I do when I arrive for my hearing?
Proceed to the West Chicago Council Chambers and check-in with the hearing clerk. When many cases need to be heard, you may need to wait in line outside the Council Chambers until your case is ready.
Who may participate in the hearing?
This will vary, depending on the nature of the Code violation. Each hearing will be conducted by the Administrative Law Judge. The Judge is a licensed attorney appointed to preside over the hearing as an independent and impartial decision maker.
The City of West Chicago will have a prosecuting attorney to present the City’s case. The City may also have witnesses and evidence to support its case.
You may represent yourself or, at your own expense, you may choose to hire an attorney to do so. Again, companies and LLCs must be represented by an attorney. In some instances, as an individual you may have an authorized representative attend the hearing on your behalf. Your representative may be a family member, friend or other agent.
The hearings are open to the public so others may be present in the hearing room, waiting for their case to be called, serving as a reporter, or merely to observe the proceedings.
How is the hearing conducted?
The hearing follows a basic trial structure to ensure fairness and due process of law. All testimony is under oath and recorded. Please click the button below to view a general guide of how a Administrative Adjudication hearing is conducted.
- The Judge will begin the hearing session by giving some remarks and outlining the hearing process. Often these occur at the start before any case is heard, for all to hear. The Judge will ask you if plead liable or not liable. If you plead liable, the Judge will issue a written decision immediately. If you plead not liable, the case starts with the City Prosecutor.
- The City Prosecutor will present its evidence first before you are asked to present a defense. The City must establish a prima facie case, meaning that the City must provide information sufficient to establish that a Code violation occurred. The City may do this by calling on a City Inspector or other witnesses, along with presenting evidence such as photographs or other documents. If the City presents its case through in-person testimony, you will in turn have the right to ask questions of each witness. Please note, that Federal and State law allows the City to present the citation alone as evidence, without requiring the presence of the ticketing Inspector or Officer.
- If the Judge determines the City has not presented a prima facie case, the case may be dismissed. If the City has established a prima facie case, the hearing will continue and you will have the opportunity to present your case.
- You may present your own defense to the Judge through your own testimony, the testimony of witnesses, a sworn affidavit and/or other evidence (photos, invoices, receipts, etc.). You are expected to bring all your witnesses and evidence to the first hearing date.
- After both sides have presented their cases, the Judge will issue a written order stating whether or not the City has demonstrated the case against you “by a preponderance of the evidence”. That means that the Judge believes, after considering all the evidence, that it is more likely than not a Code violation has occurred.
What if I am found liable?
If found liable, penalties may be imposed by the Judge as set forth by the City’s Code of Ordinances. Penalties may include fines of up to $750 per day, payment of restitution to undo the damage caused, plus an Administrative Court Cost of $50.00.
What if I am found not liable?
If you are found not liable, the Judge will dismiss the case against you and will not impose any penalties or court costs.
What if either side disagrees with the Judge’s decision?
Either side may appeal the Judge’s decision to the DuPage County Circuit Court within 35 days by filing a civil lawsuit for Administrative Review pursuant to the Illinois Administrative Review Act.
What can I do about a default judgement?
If you missed your hearing date, you may file a written motion to set aside a default judgement with the City of West Chicago’s Community Development Department or Police Department, whichever personnel issued the NTA or citation. Your motion must be filed within 21 days of the date stamped on top of the default judgement order. Extensions are not automatically granted. You must file on time and provide good reasons for not attending the original hearing. You will be given a date for your motion to be heard by the Administrative Law Judge.
What happens if someone does not comply with the Judge’s order?
An Administrative Law Judge’s order can be enforced in the same manner as a Circuit Court Judge’s order, in that it can be used to place a lien on your property, garnish your wages and/or affect your credit or impact your driving privileges. The City may also file a criminal or quasi-criminal action in State Court where a Circuit Court Judge could impose additional penalties and/or jail time.
How can I pay a fine?
Fines are paid directly to the City of West Chicago during normal business hours. Payment can also be made online. Payment can be made after the hearing (after 24 hours have passed) or by mail to : City of West Chicago, 475 Main Street, West Chicago IL 60185.