2-14-155 Defenses to building code violations.

   It shall be a defense to a building code violation adjudicated under this article, if the owner, manager, person exercising control, his attorney, or any other agent or representative proves to the administrative law officer that:

   (a)   The building code violation alleged in the notice did not in fact exist at the time of the inspection resulting in the notice;

   (b)   At the time of the hearing on the issue of whether the building code violation does or does not exist, the violation has been remedied or removed. This subsection (b) shall not create a defense to a violation of Section 14X-12-1202.6, or to a person or entity that is an architect, structural engineer, contractor or builder who has been charged with a violation of Section 14A-4-401.1 or Section 14A-4-411.4; nor shall it be a defense for any violation of Section 13-20-550 or Section 17-12-0709 pertaining to any off-premises sign, as that term is defined in Section 17-17-02108; nor shall it be a defense to a person or entity that is licensed or required to be licensed as a general contractor under Chapter 4-36, or registered or required to be registered as an electrical contractor under Section 4-290-030, for any violation of Section 4-36-110(B) or Section 13-20-550 pertaining to any on-premises sign, as that term is defined in Section 17-17-02109; nor shall it be a defense for any violation of Section 4-6-290(f)(5)(i), Section 13-208-130, or Section 14X-5-504.8 pertaining to smoke alarms or smoke detectors; nor shall it be a defense for any violation of Section 14X-5-504.9 pertaining to carbon monoxide detectors. However, for violations of Section 14X-8-802.2, it shall be a defense under this subsection only where the violation has been remedied or removed within seven days of service of notice of the building code violations as provided under Section 2-14-152;

   (c)   The building code violation has been caused by the current building occupants, or the most recent occupants who have been evicted within 30 days of the date of the notice of building code violations, and that in spite of reasonable attempts by the owner, manager, or person exercising control to maintain the building free of such violations, the current or evicted occupants caused the violations;

   (d)   An occupant or resident of the building has refused entry to the owner or his agent to all or a part of the building for the purpose of correcting the building code violation.

   This section does not create a defense to a person who has been charged with encouraging or permitting illegal activity on any premises in violation of Section 8-4-090 of this Code, or with a violation of Section 10-28-281.6, 10-28-281.7 or 10-28-281.8 of this Code.

(Added Coun. J. 4-29-98, p. 66564; Amend Coun. J. 4-21-99, p. 92160, § 1; Amend Coun. J. 7-25-01, p. 64897, § 1; Amend Coun. J. 12-4-02, p. 99026, § 7.5; Amend Coun. J. 12-4-02, p. 100455, § 1; Amend Coun. J. 7-26-06, p. 81367, § 1; Amend Coun. J. 11-13-07, p. 15814, § 3; Amend Coun. J. 7-39-08, p. 36080, § 4; Amend Coun. J. 4-24-12, p. 25060, § 1; Amend Coun. J. 11-5-14, p. 96194, § 1; Amend Coun. J. 9-6-17, p. 55278, Art. VI, § 1; Amend Coun. J. 10-31-18, p. 87774, § 1; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 3; Amend Coun. J. 7-24-19, p. 3646, § 1; Amend Coun. J. 10-7-20, p. 21791, Art. VII, § 1)

2-14-156 Separate hearings on the imposition of fines and other sanctions.

   If the administrative law officer issues a final determination of liability as to a violation of the building code but finds that the liable party has already begun to correct the violation proved, the administrative law officer may, in his or her discretion, schedule a separate hearing on the imposition of fines or other sanctions for a date no later than 30 days from the date of issuance of the final determination of liability, unless the administrative law officer finds that good cause has been shown that a longer period is necessary. The administrative law officer may order a reinspection of the property to verify code compliance and the extent of any corrective measures prior to hearing on the fines or other sanctions.

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

ARTICLE IV. ENVIRONMENTAL SAFETY AND CONSUMER AFFAIRS HEARINGS DIVISION (2-14-160 et seq.)

2-14-160 Environmental safety and consumer affairs hearings division.

   (a)   The department of administrative hearings shall operate a system of administrative adjudication of violations of ordinances, and similar matters pursuant to Section 2-14-030(6), regulating business affairs and consumer protection, public health and safety, streets and sanitation, transportation, aviation and the environment.

   (b)   The system shall be operated within an environmental safety and consumer affairs hearings division created within the department of administrative hearings.

   (c)   [Reserved.]

   (d)   [Reserved.]

   (e)   If the administrative law officer issues a final determination of liability as to a violation of the sanitation code but finds that the liable party has already begun to correct the violation proved, the administrative law officer may, in his or her discretion, schedule a separate hearing on the imposition of fines or other sanctions for a date no less than 30 days from the date of issuance of the final determination of liability, unless the administrative law officer finds that good cause has been shown that a longer period is necessary. The administrative law officer may order a reinspection of the property to verify code compliance and the extent of any corrective measures prior to hearing on the fines or other sanctions.

(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. 3-27-02, p. 82086, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. V, § 1; Amend Coun. J. 2-15-12, p. 20496, § 4)

ARTICLE V. RESERVED (2-14-170 et seq.)

Editor's note – Coun. J. 11-16-11, p. 13798, Art. V, § 1, repealed Ch. 2-14, Art. V (§ 2-14-170) which pertained to the consumer affairs hearings division.

ARTICLE VI. MUNICIPAL HEARINGS DIVISION (2-14-190 et seq.)

2-14-190 Municipal hearings division – Jurisdiction.

   (a)   The department of administrative hearings is authorized to establish a system of administrative adjudication for the enforcement of all provisions of the Municipal Code, and similar matters pursuant to Section 2-14-030(6), that are not adjudicated by the vehicle, buildings, or environmental safety and consumer affairs hearings divisions.

   (b)   The system may be operated within a municipal hearings division or such other division or divisions established by the director within the department of administrative hearings.

   (c)   Notwithstanding any other provision of this Code, except Section 2-14-130(c), the jurisdiction granted to the department of administrative hearings by this article shall be exercised exclusively by the department of administrative hearings upon written notification by the director to any affected department or agency of the city. Subsequent to the issuance of the written notification, no city department or agency, except those specified in Section 2-14-130(c), may adjudicate code provisions identified in the notice other than 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. 7-2-10, p. 96234, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. V, § 1; Amend Coun. J. 2-15-12, p. 20496, § 4; Amend Coun. J. 6-25-14, p. 83727, § 1)

2-14-195 Fine of $10,000.00 or more – Petition for review to the director.

   (a)   Except as otherwise provided in Section 3-4-340(H)(5), in any matter adjudicated by the municipal hearings division where an administrative law officer imposes or the city seeks a fine or judgment of $10,000.00 or more, either party may, within ten business days of said fine or judgment determination, petition the director of the department of administrative hearings or his or her designee to review the determination as well as the underlying final determination of liability. A final decision by the director or his or her designee to reverse or modify any determination shall be based on the record created by the administrative law officer, and the director shall not make any determination of credibility without consulting the administrative law officer.

   (b)   If the director or his or her designee does not act on a petition within ten business days after receiving the petition, the petition shall be deemed denied on that date and the determination of the administrative law officer shall be final.

   (c)   The failure to submit a petition for review shall not waive or affect a party's right to judicial review.

(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. 11-8-12, p. 38872, § 3)

2-14-200 Eviction proceedings.

   (a)   The provisions of Article I of this chapter shall apply to eviction proceedings except to the extent that those provisions are inconsistent with this section. At a proceeding under this section, notwithstanding Section 2-14-076 of this Code, a violation notice shall not be treated as prima facie evidence.

   (b)   Whenever an administrative law officer determines that a tenant is subject to eviction based upon a pattern of controlled substance violations under Chapter 8-30 of this Code, he or she will issue an order of eviction effective on a specified date not less than 30 days after the date the order is issued. On that date and thereafter the landlord shall be entitled to re-enter and take possession of the premises. Any person who violates an order of eviction issued under this section by failing to surrender the premises shall be subject to prosecution under Section 2-14-100.

   (c)   Whenever an administrative law officer issues an eviction order, he or she may order the landlord to retain the services of a licensed private security contractor to ensure the removal of the tenant from the premises in accordance with the order. In addition, the corporation counsel is hereby authorized to enter into an intergovernmental agreement with the County of Cook, under which the city will authorize the sheriff's police of that county to take appropriate action to ensure the removal of a tenant from premises in accordance with an order of eviction issued under this section. Any such agreement shall be subject to the approval of the corporation counsel and executed by the mayor. If the dwelling unit or premises are owned, managed or subsidized by a public housing agency, the public housing authority may be a party to the intergovernmental agreement.

   (d)   If the tenant does not vacate and remove his or her personal property from the premises as of the effective date of an eviction order specified in subsection (b), the landlord shall dispose of the property as provided in subsection (f) of Section 5-12-130.

(Added Coun. J. 8-30-00, p. 40306, § 5; Amend Coun. J. 6-25-21, p. 31925, Art. IV, § 2)