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A. When a building inspector finds a code violation while inspecting a structure, he shall note the violation on a multiple copy violation notice and report form, indicating the name and address of the structure owner, the type and nature of the violation, the date and time the violation was observed, the names of witnesses to the violation, and the address of the structure where the violation is observed.
B. The violation report form shall be forwarded by the building inspector to the code hearing department where a docket number shall be stamped on all copies of the report, and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than thirty (30) nor more than forty (40) days after the violation is reported by the building inspector.
C. One copy of the violation report form shall be maintained in the files of the code hearing department and shall be part of the record of hearing, one copy of the report form shall be returned to the building inspector so that he may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. Service may be made on the owner by mailing the report and summons to the owner's address registered with the village. If service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found, not less than twenty (20) days before the hearing is scheduled. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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 village attorney, 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 fails 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. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
No continuances shall be authorized by the hearing officer in proceedings under this article 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 a hearing officer under this article shall not exceed twenty five (25) days. The case for the village may be presented by the building inspector, by any other municipal employee or by an attorney designated by the village. However, in no event shall the case for the village be presented by an employee of the code hearing department. The case for the dwelling owner may be presented by the owner, his attorney, or any other agent or representative. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
At the hearing, a hearing officer shall preside and shall hear testimony and accept any evidence relevant to the existence or nonexistence of a code violation in the structure indicated. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this article. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
It shall be a defense to a code violation charged under this article if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
A. The code violation alleged in the notice does not in fact exist, or at the time of the hearing, the violation has been remedied or removed.
B. The code violation has been caused by the current property occupants and that, in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations.
C. An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as the findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact and an order ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved. A copy of the findings, decision and order shall be served on the owner within five (5) days after they are issued; service shall be in the same manner as the report form, and summonses are served pursuant to section 10-1A-6 of this article. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the Illinois municipal code. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. The findings, decision and order of the hearing officer shall be subject to review in the circuit court of the county, and the provisions of the administrative review law, and all amendments and modifications thereto, and the rules adopted pursuant thereto, are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of the hearing officer under this article.
B. Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the administrative review law shall be a debt due and owing the village and, as such, may be collected in accordance with applicable law.
C. After expiration of the period within which judicial review under the administrative review law may be sought for a final determination of the code violation, the village may commence a proceeding in the circuit court of the county for purposes of obtaining a judgment of the findings, decision and order. Nothing in this section shall prevent the village from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the village shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this article and the applicable village ordinance. Service of the summons and a copy of the petition may be by any method provided by section 2-203 of the code of civil procedure or by certified mail, return receipt requested; provided, that the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed two thousand five hundred dollars ($2,500.00). If the court is satisfied that the findings, decision and order were entered in accordance with the requirements of this article and the applicable village ordinance, and that the property owner had an opportunity for a hearing under this article and for judicial review as provided in this article: 1) the court shall render judgment in favor of the village and against the property owner for the amount indicated in the findings, decision and order, plus costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and 2) the court may also issue such other orders and injunctions as are requested by the village to enforce the order of the hearing officer to correct a code violation. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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