(A) Citation Issuance: At the end of the time the building superintendent has allowed for correction of any building code violation previously cited, and the property is reinspected, and it is determined by the building superintendent or his authorized representative that such violation has not been corrected, he may issue a building code violation citation. The citation will inform the owner of the following:
1. Name and address of 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 building department representative.
7. Date, time and place of code violation hearing.
(B) Serving Of Citation: One copy of the violation shall be retained by the building department for their files, one copy given to the building 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 said citation, it will be served by first class mail. A summons from the administrator stating the citation number, date, time and place of building code violation hearing shall also be served on the owner by first class mail. If the building owner cannot be ascertained or service on the owner cannot be made by mail, then service may be made on the owner by posting or nailing a copy of the citation on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled. Service may also be made by police in accordance with 65 Illinois Compiled Statutes 5/1-2-11, or in any other manner provided by law.
(C) Hearing Date: The hearing date shall not be less than thirty (30) days nor more than forty (40) days after the violation is reported by the building department.
(D) Subpoenas And Defaults: At any time prior to the hearing date the hearing officer assigned to hear the case may, at the request of the building inspector or the attorney for the village, or the owner or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for hearing the owner or his attorney 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 building code violation.
(E) Continuances; Representation At Building Code Hearing: No continuances shall be authorized by the hearing officer in proceedings under this chapter except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by the hearing officer under this chapter shall not exceed twenty five (25) days. The case for Midlothian may be presented by the building superintendent or by any other employee of the village or by an attorney designated by the village. However, in no event shall the case for the municipality be presented by an employee of the building code hearing department. The case for the dwelling owner may be presented by the owner, his attorney or any other agent or representative.
(F) Hearing Evidence: At the hearing, a hearing officer shall preside and hear testimony and accept any evidence relevant to the existence or nonexistence of a building code violation in the structure indicated. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this chapter.
(G) Correction Of Violation Before Hearing: If the building owner corrects the building code violation and the building department reinspects and approves the correction in not less than seven (7) days before the hearing date, the building superintendent may instruct the building code violation administrator to cancel the hearing for said violation. (Ord. 1406, 1-22-1997)