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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)
A. Meetings: Meetings of the board of appeals shall be held at the call of the chair and at such other times as the board may determine. The chair, or in his absence the acting chair, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings showing the vote, or failure to vote, of each member upon every question, and shall keep records of its examinations and other official actions. All board of appeals action shall be a matter of public record.
B. Rules Of Procedure: The board of appeals shall have the power to adopt such rules of procedure for the conduct of hearing appeals as it deems appropriate. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Hearing Examiners: The board may appoint one or more hearing examiners or designate one or more of its members to serve as hearing examiners to conduct the hearings. The examiner hearing the case shall exercise all powers relating to the conduct of hearings until it is submitted by him to the board for decision.
B. Records: A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.
C. Reports: The proceedings at the hearing shall also be reported by a certified shorthand reporter in and for the state of Illinois if requested by any party thereto. A transcript of the proceedings shall be made available to all parties upon request and upon payment of the fee prescribed therefor. Such fees may be established by the board, but shall, in no event, be greater than the cost involved.
D. Continuances: The board may grant continuances for good cause shown; however, when a hearing examiner has been assigned to such hearing, no continuances may be granted except by him for good cause shown, so long as the matter remains before him.
E. Oaths And Certifications: In any proceedings under this article, the board, any board member, or the hearing examiner has the power to administer oaths and affirmations and to certify to official acts.
F. Reasonable Dispatch: The board and its representatives shall proceed with reasonable dispatch to conclude any matter before it. Due regard shall be shown for the convenience and necessity of any parties or their representatives. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
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