(A) Any license issued to operate and maintain a mobile home park shall be subject to revocation or suspension by the License Committee. However, the Committee shall first serve or cause to be served upon the licensee a written notice by certified mail in which shall be specified the way or ways in which this licensee has failed to comply with the provisions of this chapter, or any rules or regulation promulgated by the County Board of Supervisors or the State Department of Public Health pertaining thereto. This notice shall require the licensee to remove or abate such nuisance, unsanitary or objectionable condition, or other objectionable violation specified in such notice within 15 days. For the purpose of §§ 91.003 through 91.005 and §§ 91.095 through 91.097, objectionable conditions shall include in its meaning, a failure to comply with the provisions of §§ 91.075 through 91.083. If the licensee fails to comply with the terms and conditions of this notice within the time specified or such extended period of time, the Committee may revoke or suspend such license.
(B) Any person refused a permit to construct or alter a park, or a license, or whose license is suspended or revoked, shall have the right to a hearing before the Committee. A written notice of a request for such a hearing shall be served upon the Committee within ten days of such refusal of a permit to construct or alter, or refusal of a license or suspension or revocation thereof.
(C) The hearing shall be conducted by the Committee, or a duly qualified employee of the Committee designated in writing by the license investigator as a Hearing Officer.
(D) The Committee may compel by subpoena or subpoena duces tecum the attendance and testimony of witnesses and the production of books and paper, and administer oaths to witnesses. The hearing shall be conducted at such place as designated by the Committee, except that such hearing shall not be conducted outside the county. The license investigator shall give written notice of the time and place of hearing, by registered mail to the park operator or license applicant, as the case may be, at least ten days prior to such hearing.
(E) In event of the inability of any party, or the Committee, to procure the attendance of witnesses to give testimony or produce books and papers, such party or the Committee, may take the deposition of witnesses in accordance with the provisions of the laws of this state. All testimony taken at a hearing shall be reduced to writing, and all such testimony and other evidence introduced at the hearing shall be a part of the record of the hearing. Upon request in writing a transcript of the proceedings shall be provided by the county to the person, or party whose license was suspended or revoked or refused a permit to alter or construct or park at a cost of $0.25 per page.
(F) The Committee shall make finding of fact in such hearing, and shall render its decision within 30 days after the termination of the hearing, unless additional time is requested for a proper disposition of the matter. It shall be the duty of the license investigator to forward a copy of the decision, by registered mail, to the park operator or applicant, as the case may be, within five days after the rendering of such decision.
(G) Technical errors in the proceedings before the Committee or their failure to observe the technical rules of evidence shall not constitute grounds for the reversal of any administrative decision unless it appears to a court that such error or failure materially affects the rights of any party and results in substantial injustice to him or her.
(H) All subpoenas issued by the Committee may be served as provided in a civil action. The fees of witnesses for attendance and travel shall be the same as the fees for witnesses before the Circuit Court and shall be paid by the party of such proceeding at whose request the party was produced. The witness fee shall be paid as an administrative expense if the witness is produced by the Committee.
(I) In cases of refusal of a witness to attend or testify, or to produce books or papers, concerning any matter upon which he or she might be lawfully examined, the Circuit Court of the county wherein the hearing is held, or a judge thereof, upon application of any party to the proceeding, may compel obedience by proceeding for contempt as in cases of a like refusal to obey a similar order of the court.
(J) The Committee shall at the time of conducting the hearing provided herein have an advisory member of the County Mobile Home Association certified in writing by the Association’s Governor and Secretary as the chosen and qualified representative of the Association for this purpose.
(K) The decision of the Committee is declared to be a “final decision” in this proceeding and a further appeal to the County Board of Supervisors is not necessary to exhaust administrative remedies.
(L) The Administrative Review Act (735 ILCS 5/3-101 et seq.), approved May 8, 1945, and all amendments and modification thereof, and the rules adopted pursuant thereto, shall apply to govern all proceeding for judicial review of final administrative decisions of the Committee hereunder. The term
ADMINISTRATIVE DECISION is defined as set forth in 735 ILCS 5/3-101.
(1993 Code, § 91.82) (Ord. passed 6-9-1975)