(A) Citation issuance. At the end of the time, the Code Inspector has allowed for correction of any code violations previously cited and the property re-inspected and it is determined by the Code Inspector or his or her authorized representative that such violation has not been corrected, he or she may issue a code violation citation. This citation will inform the owner of the following:
(1) Name and address of the structure owner;
(2) Address of structure where the violation was observed;
(3) Type and nature of violation;
(4) Time and date violation was observed;
(5) Name of witnesses of the violation;
(6) Signature of Code Department representative; and
(7) Date, time and place of code violation hearing.
(B) One copy of the violation shall be retained by the Code Department for its files, one copy given to the Code Compliance Administrator for processing and one copy shall be served on the building owner at the time of issuance. If the building owner is unavailable to receive a copy of the citation, it will be served by first class mail. A summons from the Administrator stating the citation number, date, time and place of the code violation hearing shall also be served on the owner by the first class mail. If the building owner cannot be ascertained or service on the owner cannot be made by nailing a copy of the citation on the front door of the structure where the violation is found not less than 20 days before the hearing is scheduled, service may also be made by police in accordance with 65 ILCS 5/12-11, or in any manner provided by law.
(C) Hearing date. The hearing date shall not be less than 30 days nor more than 40 days after the violation is reported by the Code Department.
(D) Subpoenas and defaults. At anytime prior to the hearing date, the Hearing Officer assigned to hear the case may, at the request of the Director of Building and Housing or the attorney for the city, or the owner or his or her attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for the hearing the owner or his or her attorney shall fail to appear, the Hearing Officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
(E) Continuances and representation at Building Code hearing.
(1) Continuances shall be granted at the discretion of the Hearing Officer for good cause shown. This division (E) does not encourage continuances in the interest of a speedy determination of the existence of the alleged violation and the protection of the health, safety and welfare of the public. Any continuance granted shall not be in excess of 28 days.
(2) The appearance of the representative of the Code Department is not required unless there is a contest as to the existence of the alleged violation. No employee of the Code Hearing Department may present a case for the city. The case for the owner may be presented by the owner, or his or her designated representative, who need not be an attorney. The case for the city may be presented by any designated employee of the Code Department.
(3) The Code Hearing Administrator shall promulgate a form designated “Appearance” to be executed by all participants in the hearing other than the city and filed with the Hearing Officer.
(F) Hearing evidence.
(1) At the hearing, the Hearing Officer shall preside and hear testimony and accept any evidence relevant to the existence or non-existence of a code violation, and steps taken or being taken to correct the violations. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this subchapter.
(2) The properly executed citation shall be prima facie evidence of the existence of the alleged building violation and shall suffice for the entry of a finding on behalf of the city by the Hearing Officer.
(G) Correction of violation before hearing. If the building owner corrects the code violation and the Code Department re-inspects and approves the corrections not less than seven days before the hearing date, the representative may request that the Code Administrator cancel the hearing and dismiss the citation.
(Prior Code, § 40.04) (Ord. 02-O-1737, passed 9-4-2002)