A. The village may commence an action before the village's administrative hearing officer for a determination that the property is a chronic nuisance property pursuant to section 5-2-4 of this chapter. At any hearing before the village administrative hearing officer to determine whether the property in question is a chronic nuisance property, which hearing shall be conducted pursuant to the provisions and procedures of title 1, chapter 4, article A of this code, the village shall have the initial burden of proof to show, by a preponderance of the evidence, that the property in question is a chronic nuisance property. Notice of the hearing shall be provided to owner(s), manager(s), person(s) in charge, and, in the event, the property is leased property, the tenants who may be adversely affected by a decision declaring the property a chronic nuisance property.
The village's representative shall present evidence in support of its claim that the property is a chronic nuisance property. The landlord(s), manager(s) or tenant(s) in possession, if a leased property, or person(s) in charge or that person's representative or attorney on behalf of the responding party shall be permitted to rebut such evidence.
No continuances shall be authorized by the administrative hearing officer in proceedings under this chapter unless for good cause shown or except where a continuance is absolutely necessary to protect the rights of any party to the proceeding. Lack of preparedness shall not be grounds for a continuance.
The administrative hearing officer may, at the request of either party, direct witnesses to appear and give testimony at the hearing. The formal rules of evidence will not apply at the hearing and hearsay evidence including police reports shall be admissible only if it is the type commonly relied upon by reasonable, prudent persons in the conduct of their affairs or is otherwise admissible under the administrative adjudication code of the village.
At the conclusion of the hearing, the administrative hearing officer shall make a determination on the basis of the evidence presented at the hearing, whether or not a violation(s) exists or existed and whether or not the property is a chronic nuisance property. The determination shall be in writing and shall be designated as the findings, decision, and order. The administrative hearing officer's decision shall be final and binding, except that the provisions of the Illinois administrative review law shall apply with respect to judicial review of the administrative hearing officer's findings, decision and order. The findings, decision, and order shall include the administrative hearing officer's findings of fact, a decision whether or not a violation(s) exists, a determination as to whether the property in question is or is not a chronic nuisance property based upon the findings of fact, and any monetary fine or other appropriate sanction imposed against the person(s) in charge/manager(s)/owner(s)/tenant(s) or occupant(s), as specified in subsection B of this section, or dismissing the case in the event a violation is not proved. A copy of the findings, decision, and order shall be served upon the person in charge, owner, or tenant or occupant, within fourteen (14) business days of the date of the hearing.
B. If the administrative hearing officer makes a finding that a property was, or is, a chronic nuisance property, the administrative hearing officer may fine the party(ies) responsible for the violation, for each violation of this chapter. Each day a nuisance activity occurs or continues shall be considered a separate and distinct violation for purposes of determining a property to be a chronic nuisance property. The administrative hearing officer may, in his or her discretion, impose such a fine for each day the nuisance activity goes unabated. No person shall be found in violation of this section unless the village proves the violation by a preponderance of the evidence. (Ord. 2016-54, 10-6-2016)