(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUILDING INSPECTOR. Any full- or part-time city employee whose duties include the inspection or examination of structures in the city to determine if code violations exist.
BUILDING OWNER. The legal or beneficial owner of a structure.
CODE. Any city ordinance, law, housing or building code that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in a municipality.
HEARING OFFICER. An individual appointed by the Mayor and approved by the City Council, other than a Building Inspector or law enforcement officer, whose duty it is to:
(a) Preside at the administrative hearings to decide if a code violation exists;
(b) Hear testimony and accept evidence from the Building Inspector, the building owner and all interested parties relevant to the existence of a code violation;
(c) Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and
(d) Issue and sign a written finding, decision and order stating whether a code violations exists.
(B) Code Hearing Department.
(1) Code Hearing Department. Pursuant to 65 ILCS 5/11-31.1-2, the city establishes a Code Hearing Department. The function of the Hearing Department is to expedite the prosecution and correction of code violations in the manner set forth in this section.
(2) Hearing procedures not exclusive. The city by adoption of this section does not preclude itself from using other methods to enforce the provisions of its codes.
(3) Instituting code hearing proceedings.
(a) When a Building Inspector finds a code violation while inspecting a structure, he or she shall note the violation on a multiple copy violation notice and report form, indicating the name and address of the structure owner, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation and the address of the structure where the violation is observed.
(b) The violation report form shall be forwarded by the Building Inspector to the Code Hearing Department where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 days nor more than 40 days after the violation is reported by the Building Inspector.
(c) One copy of the violation copy form shall be maintained in the Code Hearing Department and shall be part of the record of hearing, one copy of report form shall be returned to the Building Inspector so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. If the owner is registered with the city pursuant to an existing registration ordinance, service may be made on the owner by mailing the report and summons to the owner’s address registered with the city. If the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled. Service may also be made by a police officer in accordance with 65 ILCS 5/1-2-11, by the City Clerk in accordance with 65 ILCS 5/1-2-9.1 or in any other manner provided by law including those enumerated in the Code of Civil Procedure 735 ILCS 5/1-101 et seq.
(4) Subpoenas and defaults. At any time prior to the hearing date the Hearing Officer assigned to hear the case may, at the request of the Building Inspector or the City Attorney, or the owner or his or her attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If, on the date set for hearing, the owner or his or her attorney fail to appear, the Hearing Officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
(5) Continuances; representation at code hearings. No continuance shall be authorized by the Hearing Officer in proceedings under this section except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by the Hearing Officer under this section shall not exceed 25 days. The case for the city may be presented by the Building Inspector, by any other employee of the city or by an attorney designated by the city. However, in no event shall the case for the city be presented by an employee of the Code Hearing Department. The case for the owner may be presented by the owner, his or her attorney, or any other agent or representative.
(6) Hearing; evidence. At the hearing, a Hearing Officer shall preside and hear testimony and accept any evidence relevant to the existence or non-existence of a code violation in the structure indicated. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this section.
(C) Eviction rights of occupants. No action of eviction, abatement of nuisance, forcible entry or detainer or other similar proceeding shall be threatened or instituted against the occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing.
(D) Defenses of code violations. It shall be a defense to a code violation charged under this section if the owner, his or her attorney or any other agent or representative proves to the Hearing Officer’s satisfaction that:
(1) The code violation alleged in the notice does not in fact exist, or at the time of the hearing that the violation has been remedied or removed;
(2) The code violation has been caused by the current building occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations; or
(3) An occupant or resident of the dwelling has refused entry to the owner or his or her agent to all or part of a the dwelling for the purpose of correcting the code violation.
(E) Findings, decisions and order. At the conclusion of the hearing, the Hearing Officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the Hearing Officer’s findings of fact, a decision whether or not the code violation exists based on the finding of fact, and an order, ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved. A copy of the findings, decision and order shall be served on the owner within five days after they are issued; service shall be in the same manner the report form and summons are served pursuant to division (B)(3) above. Payment of any fine or penalty imposed shall be made to the city, in care of the office of the City Clerk. When collected, the fines and penalties shall be paid into the treasury of the city.
(F) Administrative review.
(1) Administrative review. The findings, decision and order of the Hearing Officer shall be subject to review in the County Circuit Court and the provisions of the Administrative Review Law, and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action of the judicial review of the findings, decision and order of a Hearing Officer under this section.
(2) Judgment on finding, decision or order.
(a) Any fine, other sanctions or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law, 735 ILCS 5/3-101 et seq. shall be a debt due and owing to the city and, as such, may be collected in accordance with applicable law.
(b) After expiration of the period within which judicial review under the Administrative Review Law, 735 ILCS 5/3-101 et seq. may be sought for a final determination of the code violation, the city may commence a proceeding in the County Circuit Court for the purposes of obtaining a judgment on the findings, decision and order. The city may consolidate multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the city shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with 65 ILCS 5/11-31.1-1 et seq. and this section. Service of the summons and a copy of the petition may be made by any method provided by 735 ILCS 5/2-203 (§ 2-203 of the Code of Civil Procedure) or by certified mail, return receipt requested, provided that the total amount of the fines, other sanctions and costs imposed by the findings, decision and order does not exceed $2,500. If the court is satisfied that the findings, decision and order were entered in accordance with 65 ILCS 5/11-31.1-1 et seq. and this section, and that the building owner had an opportunity for a hearing under the 65 ILCS 5/11-31.1-1 et seq. and this section and for judicial review as provided in the 65 ILCS 5/11-31.1-1 et seq.; the court shall render judgment in favor of the city and against the building owner for the amount indicated in the findings, decision and order, plus costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and the court may also issue such other orders and injunctions as are requested by the city to enforce the order of the Hearing Officer to correct a code violation.
(G) Sanctions applicable to owner/property. The order to correct a code violation and the sanctions imposed by the city as a result of a finding of a code violation under this section shall attach to the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a Hearing Officer under this section.
(H) Civil liability for rentals in excess of number permitted by section.
(1) Generally. The owner of a building located in the city who directly or indirectly, has collected, or caused to be collected, rentals from an occupant of that building during a period in which the number of apartments or family units in that building exceeded the number permitted for that building by an ordinance of the city, is liable to any such occupant in an amount equal to not more than three times the amount of any rentals paid by such occupant, or in his or her behalf, after January 1,1970, together with the court costs and reasonable attorney’s fees. If the occupant is a recipient of public aid under Article III, IV, or VI of “The Illinois Public Aid Code”, approved April 11, 1967, as amended, being 305 ILCS 5/1-2 et seq., in whose behalf vendor payment of the rental was made by the Illinois Department of Public Aid or a local governmental unit, as the case may be, the liability as herein provided is to the Illinois Department of Public Aid or the local governmental unit making vendor payment of the rental.
(2) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
FAMILY UNIT. A room or group of rooms used or intended to be used as a housekeeping unit of living, sleeping, cooking and eating. The fact that any such family unit is used or intended to be used with cooking or eating accommodations in common with another family unit in any such building does not affect liability hereunder.
OWNER. The legal or beneficial owner of a building.
(3) Liability. No liability accrues under this section until 30 days after the owner of record of a building has been notified in writing that such owner is in violation of any such city ordinance. Such notice shall be personally served upon such owner of record or sent by registered mail to the last known address of such owner.
(I) Federal government contracts; maintenance of property; penalties.
(1) A person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct city municipal health and safety code violations.
(2) A person who intentionally violates this section shall be fined or sanctioned in accordance with the provisions of the code that the person has violated.
(Prior Code, § 32.06) (Ord. 93-240, passed 12-14-1993)