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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)
A. The order to correct a code violation and the sanctions imposed by the village as the result of finding of a code violation under this article shall attach to the property as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this article.
B. The owner of a building located in the village who, directly or indirectly, has collected, or caused to be collected, rentals from an occupant of that building during a period in which the number of apartments or family units in that building exceeded the number permitted for that building by the village, is liable to any such occupant in an amount equal to not more than three (3) times the amount of any rentals paid by any such occupant, or in his behalf, after January 1, 1970, together with court costs and reasonable attorney fees. If the occupant is a recipient of public aid under article III, IV, or VI of the Illinois public aid code, approved April 11, 1967, as amended, in whose behalf vendor payment of the rental was made by the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under the department of human services act), or the village, as the case may be. The liability as herein provided is to the Illinois department of public aid, the department of human services (acting as successor to the department of public aid under the department of human services act), or the village making the vendor payment of the rental.
C. No liability accrues under this section until thirty (30) days after the owner of record of a building has been notified in writing that such owner is in violation of any such village ordinance. Such notice shall be personally served upon such owner of record or sent by registered mail to the last known address of such owner.
D. A person who contracts with the federal government or any of its agencies, including, without limitation, the department of housing and urban development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct village health and safety code violations.
E. A person who intentionally violates this section is guilty of an offense and shall be fined not more than seven hundred fifty dollars ($750.00).
F. For purposes of this section, the following words and terms shall have the meanings ascribed to them in this subsection:
FAMILY UNIT: | A room or group of rooms used or intended to be used as a housekeeping unit for living, sleeping, cooking and eating. The fact that any such family unit is used or intended to be used with cooking or eating accommodations in common with another family unit in any such building does not affect liability hereunder. |
OWNER: | The legal or beneficial owner of a building. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023) |
A board of appeals is hereby authorized which shall consist of five (5) members to be appointed by the president, with the approval of the village board. The members of the board of appeals shall serve as follows: from the initial appointment: one for one year; one for two (2) years; one for three (3) years; one for four (4) years; and one for five (5) years. Successors to each member so appointed shall serve for a term of five (5) years. One of the members so appointed shall be named chair at the time of his appointment. The appointing authority has the power to remove any member of the board of appeals for cause and after public hearing. Vacancies shall be filled for the unexpired term of the member whose place has become vacant. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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