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The owner or other person entitled to possession of a vehicle seized and impounded pursuant to Section 9-92-030 of this Code may request a hearing before the department of administrative hearings. Such a hearing request must be made in person and in writing at the department of administrative hearings within 30 days after the vehicle is seized and impounded. If at the time of the request for a hearing the owner or other person entitled to possession of the vehicle has not obtained the release of the vehicle, an administrative law officer of the department of administrative hearings shall conduct such hearing within 48 hours of the request, excluding Saturdays, Sundays and legal holidays. However, if at the time of the request for a hearing the owner or other person entitled to possession of the vehicle has obtained the release of the vehicle, an administrative law officer of the department of administrative hearings shall conduct such hearing within 30 days of such request. The hearing referred to in this section shall be to determine whether the vehicle is subject to towing or removal under Section 9-92-030 of this Code, and the validity of any towing or storage fees imposed. If, after the hearing, the administrative law officer determines that the vehicle was subject to towing or removal under Section 9-92-030 of this Code, the administrative law officer shall enter an order finding the owner or other person entitled to possession of the vehicle liable to the city for the towing and storage fees. If, after a hearing, the administrative law officer determines that the vehicle was not subject to towing or removal under Section 9-92-030 of this Code, the administrative law officer shall enter an order finding for the owner or other person entitled to possession of the vehicle and for the return of the vehicle if it was not previously released, and a refund of the previously paid towing and storage fees; provided, however, the vehicle shall not be released if such vehicle is held pursuant to applicable state, federal or any other law, or a court order or warrant that authorizes the continued impoundment of the vehicle.
(Added Coun. J. 11-18-09, p. 76558, § 1)
ARTICLE II. VEHICLE HEARINGS DIVISION (2-14-140 et seq.)
(a) The department of administrative hearings shall operate a system of administrative adjudication of violations of ordinances regulating an automated speed enforcement system or an automated traffic law enforcement system, as those terms are defined in Section 9-4-010, and vehicular standing, parking and compliance in accordance with the applicable provisions of Chapter 9-100, Chapter 9-101 or Chapter 9-102 of this Code.
(b) The administrative adjudication system shall be operated within a vehicle hearings division created within the department of administrative hearings.
(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. 4-18-12, p. 23762, § 1)
ARTICLE III. BUILDINGS HEARINGS DIVISION (2-14-150 et seq.)
(a) The department of administrative hearings shall operate a system of administrative adjudication of violations of building code provisions and violations of Section 2-120-910 of the Municipal Code of Chicago.
(b) The system shall be operated within a buildings hearings division created within the department of administrative hearings.
(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. 7-29-98, p. 74835; Amend Coun. J. 4-18-18, p. 76893, § 2)
As used in this Article III, unless the context requires otherwise:
(a) "Building code" or "building provisions of this Code" has the meaning ascribed to the term in Section 1-4-090.
(b) "Building inspector" shall mean any employee of the city whose duties include the inspection or examination of buildings or other structures in Chicago to determine if building code violations exist;
(c) "Building owner" shall mean: (1) the legal title holder or holders of the realty containing a building or other structure; (2) the beneficial owner or owners of an Illinois Land Trust if legal title is held by such a trust; (3) the purchaser under any real estate installment sales contract if such a contract exists; (4) 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; (5) a person who has management authority over real property; or (6) for purposes of proceedings involving alleged violations of Section 8-4-090, any person who owns, manages or controls the applicable premises.
(Added Coun. J. 4-29-98, p. 66564; Amend Coun. J. 1-13-10, p. 83085, § 2; Amend Coun. J. 6-30-10, p. 95086, § 2; Amend Coun. J. 11-17-10, p. 106597, Art.IX, § 2; Amend Coun. J. 9-6-17, p. 54189, § 2; Amend Coun. J. 1-23-19, p. 94952, Art. I, § 1)
(a) The date for a hearing to adjudicate a building code violation shall not be less than 30 days after the violation is reported by the building inspector in nonemergency situations; the date for the hearing in emergency situations may be scheduled in accordance with Section 2-14-074.
(b) Service of a notice of violation and/or notice of hearing to adjudicate a building code violation may be made upon any person liable for the violation under this Code by: (i) personal service; or (ii) first class or express mail or overnight carrier to the residence or place of business of the person liable for the violation.
If service cannot be made under (i) or (ii) above, service on the owner may be made by posting a copy of the notice of violation or notice of hearing on the front entrance of the building or structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the notice of violation or notice of hearing in a prominent place upon the property where the violation is found, not less than 20 days before the scheduled date of the hearing.
(Added Coun. J. 4-29-98, p. 66564; Amend Coun. J. 8-30-00, p. 40306, § 4; Amend Coun. J. 9-6-17, p. 54189, § 2)
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