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.