The Village of North Aurora’s Administrative Hearing process gives citizens the opportunity to contest violations of village ordinances which were previously heard in the Kane County Circuit Court. This process expedites prosecutions, reduces expenses, and allows the circuit court to focus on more serious offenses. Administrative adjudication provides police officers and code enforcement officers the ability to issue citations for village ordinance violations without criminally charging a person. These hearings are also more convenient to citizens who wish to contest a village ordinance violation.
An administrative hearing is a civil, not a criminal, proceeding. Cases are punishable by fines and other penalties, but not by jail time. Cases are heard by an administrative hearing officer who is required to be an experienced attorney and has completed state mandated training to impartially render case decisions in a professional, courteous, and fair manner.
In an administrative hearing, the burden of proof required to prove a violation of a village ordinance is based on a preponderance of evidence. It differs from a criminal proceeding in which the burden of proof required to prove guilt is beyond a reasonable doubt.
Administrative adjudication is responsible for prosecuting parking violations, administrative tows, animal citations, and various other village ordinance violations. The hearings are conducted at the North Aurora Police Department Community Room on the 3rd Wednesday of each month and start promptly at 5:00 pm.
Please click here to view the Village Code related to Administrative Adjudication.
KANE COUNTY CIRCUIT COURT
The Village of North Aurora’s Administrative Hearing process is not affiliated with the Kane County Circuit Court. If you need to contact the county circuit court regarding a ticket or court case, please call the circuit clerk’s office at (630) 232-3413.
Administrative hearing process
ISSUANCE OF VIOLATION
A village police officer or code enforcement officer may issue a ticket, ordinance violation, or file a complaint against a citizen. A case may also be initiated following a citizen or community complaint. The violation notice can be served to the citizen in-person, by mail, or by leaving the ticket on a vehicle at the residence or business. All violation notices will have a hearing date and time located at the bottom of the ticket. Unless the violation notice is marked as a MUST APPEAR, the recipient can pay the fine prior to the hearing or they may choose to appear at the hearing to contest the violation.
ATTENDING A HEARING
All hearings are held at the North Aurora Police Department in the Community Room. The hearings are on the 3rd Wednesday of each month at start promptly at 5:00 pm. It is recommended you arrive a few minutes early as you will be required to check in with the clerk prior to entering the hearing room. Once you enter the hearing room please sit and wait until your case is called before approaching the hearing officer.
You may represent yourself at the hearing or hire an attorney to represent you at your own expense. A continuance is not allowed unless the hearing officer finds good cause. Lack of preparation is not considered good cause.
If you fail to appear for the scheduled hearing the hearing officer will conduct the hearing in your absence. You will be subject to any fines and penalties including court fees. You have 21 days to request a new hearing if you miss the hearing due to illness or an emergency.
Audio, video, food, drink, and chewing gum are not allowed in the hearing room. Cellular phones and other communication devices must be silenced prior to entering the hearing room and may not be used in the hearing room. Proper conduct must be maintained at all times. People who are disruptive will be asked to leave and risk having their cases heard without them present. Criminal charges may be filed against disruptive people when appropriate.
If you cannot speak English you need to provide your own translator as one will not be provided for you.
When the hearing begins, the hearing officer will make an opening statement to identify himself, his role, expectations, and the order in which cases are called. When the hearing officer calls a case, the involved individual(s) should acknowledge the case and approach the hearing officer. The hearing begins immediately and the involved individuals are given an opportunity to testify and present evidence. All testimony is recorded and given under oath.
By law, the village representative who issued the violation is not required to appear for the hearing. The ticket, ordinance violation, or complaint may be enough evidence to prove or disprove the village’s case.
You have the right to explain your side of the case to the hearing officer. This could include witnesses, physical evidence, or photographs. The village may retain the evidence presented. There is no right to a trial by jury in administrative hearings and there are no public defenders who are appointed to represent you.
HEARING OFFICER’S DECISION
After both sides have been heard, the hearing officer will make a decision based on the evidence presented. If you are found liable, fines, penalties, and court costs may be imposed according to village code.
The hearing officer will provide the decision in the form of a written document which you will receive at the end of the hearing. It is important you receive a copy of the findings, decisions and order.
If you disagree with the hearing officer’s decision, you have 35 days to appeal the case with the Kane County Circuit Clerk.
Kane County Circuit Clerk
540 S. Randall Rd.
St. Charles, IL 60174
Phone: (630) 232-3413
Administrative Hearing Payments
Payments can be made in-person at the North Aurora Police Department, North Aurora Village Hall, by mail, or credit card via the online payment link. Accepted payments at the village hall and police department are cash, check, money order, or credit card. When sending payments through the mail, please do NOT send cash.
Payments can be made at the village hall Monday through Friday from 8:00 am to 4:00 pm or utilizing the 24-hour drop-box. Administrative Tow fees CANNOT be paid at the village hall.
Payments can be made at the police department Monday through Friday 8:00 am to 10:00 pm.
North Aurora Police Department
200 S. Lincolnway
North Aurora, IL 60542
Village of North Aurora
25 E. State St.
North Aurora, IL 60542
Payment for violations must be received by the village no later than 3:00 pm on the day of the scheduled hearing or your case will be in default if you miss the hearing. There are no grace periods for payments due, including final notices and fines sent to collections. The village does not accept payment plans.
Late payment penalties will be assessed as follows:
- $50.00 when paid more than 21 days following the issuance of the determination of liability,
- $75.00 when paid more than 42 days following the issuance of the determination of liability,
- $100.00 when paid more than 63 days following the issuance of the determination of liability, and at this point the case is eligible to be sent to collections.
Contesting a Violation
CONTESTING BY MAIL
Citizens who have been issued a ticket or ordinance violation may contest the alleged violation in writing without personally appearing at an administrative hearing. Written appeals should include all evidence you wish to be considered, such as documents, photographs, and written statements. Refer to the Non-Appearance at Hearing Request Form and complete it as instructed.
By executing the Non-Appearance at Hearing Request you are waiving your right for personal appearance and therefore, adjudication will be based on the statement and documents you submit and the facts contained on the violation notice. Your request must include any and all materials, photos, evidence, copies of parking permits or handicap placards, etc. that you believe will prove your claim.
The Non-Appearance at Hearing Request must be received by 5:00 pm the day before the hearing date on the bottom of the ticket.
Disputing a violation will only be handled at the administrative hearing, either in person or by use of the Non-Appearance at Hearing Request form. Disputes will not be handled in person or over the phone. Police department employees cannot void a citation, unless there is just cause. Only the hearing officer has the authority to dismiss a citation.
Your driver’s license may be suspended should you fail to pay the fines or penalties for 10 or more vehicular, standing, parking, or compliance regulations under Section 6-306.5 of the Illinois Vehicle Code (625 ILCS 5/6-306.5), as amended. All notices will be mailed to the address of the vehicle’s registered owner as recorded with the secretary of state.