2-14-080 Subpoenas.

   (a)   An administrative law officer may issue a subpoena only if he or she determines that the testimony of the witnesses or the documents or items sought by the subpoena are necessary to present evidence that is:

      (i)   relevant to the case; and

      (ii)   relates to a contested issue in the case.

   (b)   A subpoena issued under this chapter shall identify:

      (i)   the person to whom it is directed;

      (ii)   the documents or other items sought by the subpoena, if any;

      (iii)   the date for the appearance of the witnesses and the production of the documents or other items described in the subpoena;

      (iv)   the time for the appearance of the witnesses and the production of the documents or other items described in the subpoena; and

      (v)   the place for the appearance of the witnesses and the production of the documents or other items described in the subpoena.

   (c)   In no event shall the date identified for the appearance of the witnesses or the production of the documents or other items be less than seven days after service of the subpoena.

   (d)   Within three business days of being served with a subpoena issued in accordance with this chapter, the recipient of the subpoena may appeal the order authorizing the issuance of the subpoena to an administrative law officer, who shall not be the same administrative law officer who ordered the issuance of the subpoena.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-090 Compliance bond.

   In order to ensure that code violations are remedied or fines are paid in a timely manner, an administrative law officer, upon issuing a final determination of liability, may require a code violator to post with the city a compliance bond or, as appropriate, to consent to the granting and recording of a lien against titled property. Bonds and liens shall be approved by the city comptroller and the corporation counsel as to form and amount. Whenever it is necessary for the city to make repairs or otherwise expend funds relating to a code violation for which a bond was posted, or whenever fines or costs remain unpaid after a code violator has exhausted or failed to exhaust judicial review procedures, the administrative law officer may, after giving the parties notice and opportunity to be heard, issue an order permitting the city to draw against the bond in an appropriate amount, or to foreclose on the lien. The administrative law officer shall order the bond or the titled property or proceeds from the titled property, less the costs incurred by the city, returned to the code violator upon proof of compliance with the applicable code provisions and the payment of applicable fines or costs.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564)

2-14-100 Violations of orders.

   (a)   Elements of the offense. A person violates this section if he or she:

      (1)   receives notice and an opportunity to be heard under this Code; and

      (2)   knowingly fails to comply with an order issued by an administrative law officer under this chapter, including any requirement of a subpoena.

   Each day that the violation occurs shall be considered a separate and distinct offense.

   (b)   Defenses. It shall be an affirmative defense to this section that a court of competent jurisdiction stayed the order issued by the administrative law officer prior to the effective date of the order.

   (c)   Prohibited defenses. It is not a defense to this section that a person:

      (1)   came into compliance or attempted to come into compliance with the order after the date the order by its terms required compliance; or

      (2)   sought judicial review of the order but failed to obtain a stay of the order prior to the date the order by its terms required compliance.

   (d)   Sentence. A person convicted under this section shall be punished by:

      (1)   a fine of not less than $200.00 and not more than $500.00 for each offense;

      (2)   incarceration for not more than 180 days for each offense; and/or

      (3)   an order to perform community service for a period not to exceed 200 hours for each offense.

   However, whenever the order giving rise to the offense is an order of abatement pursuant to Chapter 7-4, Section 8-4-090 or Section 13-12-145 of this Code, the sentence shall include a mandatory minimum sentence of no less than four days incarceration.

   (e)   Venue. The corporation counsel shall institute actions under this section in a court of competent jurisdiction.

(Added Coun. J. 7-10-96, p. 24982; Amend Coun. J. 11-12-97, p. 56813; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 4)

 

Notes

8-4-090

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2-14-101 Seized / unclaimed property.

   After an administrative law officer has issued a final determination of liability or no liability, any property seized by the city in relation to the subject matter of the final determination of liability or no liability that is not forfeited by operation of law may be reclaimed by the lawful owner provided that all penalties and fees have been paid. The procedures for the reclamation shall be within the discretion of the department head of the city department or agency charged with maintaining custody of the property. After the expiration of time during which judicial review of the final determination of liability may be sought or 35 days after the final determination of no liability, unless stayed by a court of competent jurisdiction, any property not so reclaimed may be disposed of by the city department or agency charged with maintaining custody of the property as provided by law.

(Added Coun. J. 4-29-98, p. 66564)

2-14-102 Review under the Administrative Review Law.

   Any final decision by the department of administrative hearings that a code violation does or does not exist shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law, except as otherwise may be provided by law for decisions issued prior to the effective date of this ordinance.

(Added Coun. J. 4-29-98, p. 66564)