(A) The hearing on the chronic nuisance designation shall be conducted before the hearing officer of the city administrative adjudication system. This hearing shall be limited to the review of the record or evidence upon which the city based the declaration of chronic nuisance property, including any evidence submitted by the property owner to rebut the city’s evidence.
(B) After reviewing the record or evidence upon which the city based its determination and the evidence submitted by the property owner the hearing officer must either uphold or reject the declaration of chronic nuisance property The decision of the hearing officer must be in writing and is deemed final. If the hearing officer upholds chronic nuisance designation, the hearing officer may order any remedies as outlined in § 94.53 of this subchapter. If the hearing officer rejects the notice of violation, he or she must identify the actual, procedure or legal error upon which the decision is based.
(C) The failure of any owner( s) to appear at the hearing shall not relieve the city of its burden to show sufficient evidence at the scheduling hearing that the property is a chronic nuisance property.
(D) Any decision by the administrative hearing officer that a property does or does not qualify as a chronic nuisance shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law (ILCS Ch. 735, Act 5, §§ 3-101 et seq.).
(Ord. 22-3670, passed 5-4-2022)