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

The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.

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)

2-14-103 Enforcement of administrative law officer's order.

   (a)   Any fine, other sanction or costs imposed by an administrative law officer's order that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.

   (b)   After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision and order of an administrative law officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.

   (c)   In any case in which a respondent fails to comply with an administrative law officer's order to correct a code violation or imposing a fine or other sanction as a result of a code violation, any expenses incurred by the city to enforce the administrative law officer's order, including but not limited to, attorney's fees, court costs and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an administrative law officer shall be a debt due and owing the city. Prior to any expenses being fixed by an administrative law officer, the respondent shall be provided with notice that states that the respondent shall appear at a hearing before an administrative law officer to determine whether the respondent has failed to comply with the administrative law officer's order. The notice shall set the time for the hearing, which shall not be less than seven days from the date that notice is served. Notice shall be served by first class mail and the seven-day period shall begin to run on the date that the notice was deposited in the mail.

   (d)   Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the respondent in the amount of a debt due and owing the city. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.

   (e)   Nothing in this section shall prevent the city from enforcing or seeking to enforce any order of an administrative law officer in any manner which is in accordance with applicable law.

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

2-14-104 Interest.

   Except as otherwise provided by law, interest on any debt due and owing shall accrue at the rate set for interest upon judgments.

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

2-14-105 Fines payable to the department of finance.

   All fines and other monies paid to the city in accordance with this chapter shall be remitted to the department of finance.

(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. 11-16-11, p. 13798, Art. I, § 2)

2-14-108 Petition to set aside default order.

   (a)   An administrative law officer may set aside any order entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the administrative law officer determines that the respondent's failure to appear at the hearing was for good cause, or, at any time, if the petitioner or the respondent subject to the order entered by default establishes that such respondent was not provided with proper service of process. If the petition is granted, the administrative law officer shall proceed with a new hearing on the underlying matter as soon as practical.

   (b)   If any order is set aside under this section, the administrative law officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing as a result of the vacated default order and directing the city to refund any fines and/or penalties paid pursuant to the vacated order.

(Added Coun. J. 4-29-98, p. 66564; Amend Coun. J. 9-6-17, p. 54189, § 2)

2-14-109 Petition by city department for relief from a final order of liability entered in error.

   (a)   After an order of liability becomes final, the city department or agency which initiated or prosecuted an administrative adjudication before the department of administrative hearings may file a written petition for relief from a final order of liability entered in error with the department of administrative hearings.

   (b)   The written petition must be filed and signed by the department or agency head of the initiating or prosecuting department or agency and must set forth facts alleging that the order of liability: (1) was entered in error; (2) is unsupported by the record; (3) is inconsistent with applicable provisions of this Code; and (4) should be vacated to avoid a miscarriage of justice. The authority to file and sign a petition under this section is expressly reserved to the department or agency head and may not be delegated to other department or agency officials or personnel.

   (c)   Upon the filing of a written petition by a department or agency head, the director of administrative hearings shall schedule a hearing on the petition. The scope of the hearing shall be limited to the merits of the petition and shall not be expanded to constitute a re-litigation of the underlying notice of violation.

   (d)   If a petition is granted, the final order of liability shall be vacated. If an order is vacated under this section, the administrative law officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing as a result of the vacated order and directing the city to refund any fines and/or penalties paid pursuant to the vacated order.

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

2-14-110 Election of remedies.

   In no case may the department of administrative hearings conduct an administrative adjudication proceeding for an alleged violation of the Municipal Code where the requested remedy is a punishment of imprisonment; provided, however, where a violation of the code is punishable by fines and other penalties in addition to imprisonment, the city may elect to institute an action with the department of administrative hearings and thereby waive any imprisonment for the code violation. Nothing in this chapter, however, shall preclude the city from seeking the remedy of imprisonment in a court of law, including imprisonment for failure to comply with the order of an administrative law officer, pursuant to Section 2-14-100.

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

2-14-120 Administrative adjudication procedures not exclusive.

   Notwithstanding any other provision of this chapter, neither the authority of the department of administrative hearings to conduct administrative adjudication procedures nor the institution of such procedures under this chapter shall preclude the city from seeking any remedies for code violations through the use of any other administrative procedure or court proceeding.

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

2-14-130 Other provisions not limiting.

   (a)   Notwithstanding any other provision of the Municipal Code, all provisions of the code, except for those specified in Section 2-14-190(a), may be enforced by instituting an administrative adjudication proceeding with the department of administrative hearings as provided in this chapter.

   (b)   Notwithstanding any other provision of the Municipal Code, any enforcement action which may be exercised by another department or agency of the city may also be exercised by the department of administrative hearings; provided, however, that the department shall not have authority to revoke or suspend any city license except those issued pursuant to Chapters 9-104 , 9-108 , 9-112 , 9-114 , and 9-115 of this Code.

   (c)   Nothing in this chapter shall affect the jurisdiction of the Department of Business Affairs and Consumer Protection, the Chicago Commission on Human Relations, the zoning board of appeals, the human resources board, the board of ethics, the police board, the One-Call Adjudicatory Process established in Chapter 10-21 , or the Commission on Chicago Landmarks.

(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. 7-27-05, p. 53211, § 1; Amend Coun. J. 12-7-05, p. 64870, § 1.6; Amend Coun. J. 11-19-08, p. 47220, Art. V, § 5; Amend Coun. J. 5-28-14, p. 82771, § 2; Amend Coun. J. 11-16-16, p. 37901, Art. VI, § 1)

 

Notes

9-104	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
9-108	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
9-112	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
9-114	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
9-115	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.
10-21	The hyper-linked material is not part of the Chicago Building Code infobase and therefore is not included herein.  The material is included in other provisions of the Chicago Municipal Code.  The complete Chicago Municipal Code is available for purchase from American Legal Publishing in both print and Folio® versions.  Please click here for the appropriate American Legal order form in printable Adobe® PDF format.  For additional information, you may visit American Legal's website by clicking here.