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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)
The notice to the appellant shall be substantially in the following form but may include other information:
You are hereby notified that a hearing will be held before (the Board of Appeals or name of hearing examiner) at on the day of , 20 , at the hour , upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with (Board of Appeals or name of hearing examiner).
(Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. The board of appeals may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the board or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in his possession or under his control. A subpoena need not be issued when the affidavit is defective in any particular.
B. In cases where a hearing is referred to an examiner, all subpoenas shall be obtained through the examiner.
C. Any person who refuses, without lawful excuse, to attend any hearing or to produce material evidence in his possession or under his control as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Technical Rules Not Applicable: Hearings need not be conducted according to the technical rules relating to evidence and witnesses.
B. Oral Evidence: Oral evidence shall be taken only on oath or affirmation.
C. Hearsay Evidence: Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state.
D. Admissibility Of Evidence: Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.
E. Exclusion Of Evidence: Irrelevant and unduly repetitious evidence shall be excluded.
F. Rights Of Parties: Each party shall have these rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing.
2. To introduce documentary and physical evidence.
3. To cross examine opposing witnesses on any matter relevant to the issues of the hearing.
4. To impeach any witness regardless of which party first called him to testify.
5. To rebut the evidence against him.
6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
G. Official Notice:
1. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the board or departments and ordinances of the village or rules and regulations of the board.
2. Parties present at the hearings shall be informed of the matters to be noticed, and these matters shall be noted in the record referred to therein or appended thereto.
3. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the board or hearing examiner.
4. The board or the hearing examiner may inspect any building or premises involved in the appeal during the course of the hearing; provided, that: a) notice of such inspection shall be given to the parties before the inspection is made; b) the parties are given an opportunity to be present during the inspection; and c) the board or the hearing examiner shall state, for the record, upon completion of the inspection, the material facts observed and the conclusions drawn therefrom. Each party then shall have a right to rebut or explain the matters so stated by the board or hearing examiner. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. Hearing Before Board: Where a contested case is heard before the board itself, no member thereof who did not hear the evidence or has not read the entire record of the proceedings shall vote on or take part in the decision.
B. Hearing Before Examiner: If a contested case is heard by a hearing examiner alone, he shall, within a reasonable time (not to exceed ninety (90) days from the date the hearing is closed), submit a written report to the board. Such report shall contain a brief summary of the evidence considered and state the examiner's findings, conclusions and recommendations. The report also shall contain a proposed decision in such form that it may be adopted by the board as its decision in the case. All examiner reports filed with the board shall be matters of public record. A copy of each such report and proposed decision shall be mailed to each party on the date they are filed with the board.
C. Consideration Of Report By Board; Notice: The board shall fix the time, date and place to consider the examiner's report and proposed decision. Notice thereof shall be mailed to each interested party not less than five (5) days prior to the date fixed, unless it is otherwise stipulated by all of the parties.
D. Exceptions To Report: Not later than two (2) days before the date set to consider the report, any party may file written exceptions to any part or all of the examiner's report and may attach thereto a proposed decision, together with written argument in support of such decision. By leave of the board, any party may present oral argument to the board.
E. Disposition By Board:
1. The board may adopt or reject the proposed decision in its entirety, or may modify the proposed decision.
2. If the proposed decision is not adopted as provided in subsection E1 of this section, the board may decide the case upon the entire record before it, with or without taking additional evidence, or may refer the case to the same or another hearing examiner to take additional evidence. If the case is reassigned to a hearing examiner, he shall prepare a report and proposed decision as provided in subsection B of this section after any additional evidence is submitted. Consideration of such proposed decision by the board shall comply with the provisions of this section.
F. Form Of Decision: The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements with which there shall be compliance. A copy of the decision shall be delivered to the appellant personally or sent to him by certified mail, postage prepaid, return receipt requested.
G. Effective Date Of Decision: The effective date of the decision shall be as stated therein. (Ord. 1570, 9-17-2012; amd. Ord. 1776, 11-6-2023)
A. In General:
1. Created; Purpose: There is hereby created the building division. The purpose of the building division shall be to administer and enforce the building, plumbing, electrical, mechanical, and housing codes of the village of Milan and such other codes and ordinances of the village as may be provided from time to time by ordinance of the village of Milan and to assist in the enforcement of zoning, subdivision and fire codes.
2. Position Of Building Official Created; Appointment; Responsibility; Qualifications: There is hereby created the position of building official which position shall be the head of the building division. The building official shall be appointed by the village president with the advice and consent of the board of trustees. The building official shall be responsible for the administration, direction, and supervision of the building division and its personnel; actively participate in actual field inspection work; and carry out such other functions as may be assigned from time to time by the village president, village trustees, or by ordinance. The individual appointed to the position of building official shall be a person skilled in the field of building construction by education, training, and experience including a minimum of ten (10) years' experience in building construction or an equivalent combination of education, training and experience.
3. Personnel; Qualification:
a. The building division shall consist of the building official; the building, plumbing, electrical, mechanical inspectors; and such clerical help and assistants as the village board shall authorize from time to time.
b. When vacant positions occur in the building division, the village president or designee thereof shall employ personnel to fill such positions in the manner provided by the village code. When filling vacant positions, the village president shall employ individuals with sufficient skill and knowledge by education, training and experience to adequately carry out the responsibilities of the division. As guidance in filling vacant positions, the village president shall use the qualifications set forth in the job description then current for said positions.
B. Inspector Positions Created; Employment; Responsibility; Qualifications:
1. Employment Of Plumbing Inspector: The plumbing inspector shall be under the direct supervision of the building official. Said code official shall employ the person to fill such position after the applicant is interviewed in accordance with the village of Milan policy and applicable collective bargaining agreements, if any so apply.
2. Employment Of Electrical Inspector: The electrical inspector shall be under the direct supervision of the building official. Said building official shall employ the person to fill such position after applicant is interviewed in accordance with the village of Milan policy and applicable collective bargaining agreements, if any so apply.
3. Employment of Mechanical Inspector: The mechanical inspector shall be under the direct supervision of the building official. Said building official shall employ the person to fill such position after the applicant is interviewed in accordance with the village of Milan policy and applicable collective bargaining agreements, if any so apply.
4. Employment of Building Inspector: The building inspector shall be under the direct supervision of the building official. Said building official shall employ the person to fill such position after the applicant is interviewed in accordance with the village of Milan policy and applicable collective bargaining agreements, if any so apply.
5. Inspector Qualification: The inspector of a specific trade shall possess the training, experience, education and license(s) called for by the job description for said position.
6. Inspector Duties In General: It shall be the duty of the inspector to perform skilled fieldwork in securing compliance with ordinances and regulations governing existing and new buildings and other construction regulated by the adopted codes for the appropriate trades and related work as required.
C. Registration:
1. General Contractor Registration:
a. Any person, firm or corporation desiring to engage in the business of general contracting in the village of Milan shall file with the building inspector, to be approved by the building official, a license/permit bond in the penal sum of ten thousand dollars ($10,000.00) conditioned on the faithful performance of all of the provisions of this code and for all work performed under the license sought. Such surety is to be a company authorized to transact business in the state of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon thirty (30) days' written notice to the village of Milan building official.
b. Said person, firm or corporation engaging in the business of general contracting in the village of Milan also shall register annually with the building official and no such person, firm or corporation shall engage in such business unless and until so registered. Registration shall consist of providing the business name of the person, firm or corporation; the legal name; the address of the business; the telephone number, if any; and the names and addresses of representatives, officers, or employees authorized to obtain permits in the business name.
(1) Proof of liability insurance acceptable to the office of the building official in the type and amount listed below:
Each applicant wishing registration as a contractor in the village of Milan shall obtain and maintain for the duration of such registration, public liability and property damage insurance in the minimum amount and form as hereby specified: one hundred thousand dollars ($100,000.00) for each occurrence of property damage; and three hundred thousand dollars ($300,000.00) for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be canceled except upon written notification to the office of the building official at least thirty (30) days prior to the date of cancellation. Proof shall be a certificate of insurance; and
(2) Proof that the applicant has obtained workers' compensation insurance or that the applicant is an approved self-insurer of workers' compensation. Proof shall be either the certificate of insurance from the insurance provider or the certificate of approval as a self-insurer issued by the Illinois industrial commission.
If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers' compensation insurance. Such applicant's application shall include a sworn statement that said applicant has no employees.
c. The annual fee for registering shall be fifty dollars ($50.00) and registration shall be valid for a one (1) year period commencing on January 1.
d. A "general contractor" shall be taken to be any person, firm, partnership or corporation employed directly by any firm, person, partnership or corporation, who erects or reconstructs any building or parts thereof. A person engaged in any branch of building construction for which a license/permit bond is not required by ordinance shall be exempted from giving such bond under this section.
2. Electrical Contractor Registration:
a. As used in this chapter, the term "electrical contractor" shall mean and include any person engaged in the business of installing, erecting or repairing, or contracting to install, erect or repair electrical equipment.
b. Except as provided in subsection C2c of this section, before any person shall engage in the business of electrical contracting in the village, and before any person now engaged in that business or any class thereof shall continue in the business of electrical contracting, such person shall be required to register with the village.
c. The following persons shall not be required to register as an electrical contractor pursuant to subsection C2b of this section nor shall they be required to pay a registration fee:
(1) Electricians employed by an electrical contractor to perform or to supervise electrical work;
(2) The owner-occupant of a single dwelling house may, with the assistance of any member of said owner-occupant's family and household, personally carry on in said house, any work governed by this chapter without the license required. However, the owner- occupant shall obtain a permit for any such work and shall call for an inspection as provided in this chapter. The building official shall require a sufficient display of electrical experience of a practical and elementary character so as to test their knowledge and qualifications of the electrical work to be done in the interest of safeguarding life and property.
d. An electrical contractor shall be required to register and pay a twenty-five dollar ($25.00) administrative fee to engage in electrical contracting in the village of Milan. The annual fee shall be valid for a period of one year commencing on January 1, and shall remain in force and effect for that period of time, unless revoked for cause. An individual who presents an electrical license from another city in Illinois will not be required to provide proof of the examination, but will be required to submit an affidavit verifying a minimum of five (5) years as an electrical contractor.
e. Any person who first shall have filed proper application and later shall have satisfactorily passed an examination, as required by this section, shall be entitled to receive a license to do electrical work and to register as an electrical contractor and engage in the business of electrical contracting.
f. The registration of an electrical contractor, as required by this section, shall be made in writing to the building official stating the name and place of business of the applicant and the name of the representative of the applicant who will act as supervisor of the work to be done under the registration. The application shall be accompanied by a satisfactory affidavit that the applicant or representative thereof passed the master's examination through the International Code Council national contractor trades examination program, standard master electrician exam only, 900 Montclair Road, Birmingham, AL 35213, 1-(888)-422-7233, www.iccsafe.org/contractor. Applicant must have tested and passed the master's examination and provided proof of passing grade. The passing test results are not subject to expiration as long as the individual is active in the electrical trade and submits an affidavit verifying a minimum of five (5) years' electrical experience.
g. Before any license required by this chapter is issued, the applicant therefor shall furnish license/permit bond in the penal sum of ten thousand dollars ($10,000.00). The bond shall be conditioned upon the faithful performance of the applicant's work in accordance with the provisions of this code and for all work performed under the license sought. Such surety is to be a company authorized to do business in the state of Illinois. This shall be a continuing bond until canceled by notice.
The surety shall have the right to cancel this bond for future liability upon thirty (30) days' written notice to the building official.
h. Said person, firm or corporation engaging in the business of electrical contracting in the village of Milan shall provide proof of insurance to the building official in the type and amounts listed below:
(1) Proof shall be a certificate of insurance for public liability and property damage insurance in the minimum amount and form as hereby specified: one hundred thousand dollars ($100,000.00) for each occurrence of property damage; and three hundred thousand dollars ($300,000.00) for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be canceled except upon written notification to the building official at least thirty (30) days prior to the date of cancellation.
(2) Proof that the applicant has obtained workers' compensation insurance or that the applicant is an approved self-insurer of workers' compensation shall be either the certificate of insurance from the insurance provider or the certificate of approval as a self-insurer issued by the Illinois industrial commission.
If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers' compensation insurance. Such applicant's application shall include a sworn statement that said applicant has no employees.
i. No person permitted to register under the provisions of this section shall install or repair electrical equipment for electric light, heat, or power purposes after the expiration of the registration or after the registration shall have been revoked pursuant to this section, unless the registration or renewal thereof shall have been received.
j. A registration required by this section is prohibited from being loaned, rented, assigned, or transferred.
3. Mechanical Contractor Registration:
a. It shall be unlawful for any person to install, erect, alter, repair, service, reset or replace any system or parts or appurtenances thereto, regulated by the mechanical code unless such person or some member of the firm or corporation shall first have obtained a mechanical license pursuant to this section, or unless such person or the firm or corporation has regularly and steadily in said person, firm or corporation's employ been a holder of a mechanical license, who shall be the authorized representative of the person, firm or corporation in all matters pertaining to this chapter.
b. The owner-occupant of a single dwelling house may, with the assistance of any member of said owner-occupant's family and household, personally carry on in said house, any work governed by this chapter without the license required by subsection C3a of this section; however, the owner-occupant shall obtain a permit for any such work and shall call for an inspection as provided in this chapter. The building official shall require a sufficient display of mechanical experience of a practical and elementary character so as to test their knowledge and qualifications of the mechanical work to be done in the interest of safeguarding life and property.
c. The eligibility of an applicant for a mechanical contractor license shall be of legal age to conduct business in the state of Illinois and shall have a minimum of five (5) years' experience in mechanical work under the supervision of a licensed mechanical contractor, or shall be a graduate mechanical contractor, or shall be a graduate mechanical engineer having not less than one year experience in mechanical construction. Five (5) years' experience may be reduced to one year providing the applicant has satisfactorily completed a course of study, such as four (4) years' apprenticeship or its equal, as determined and recognized by the building board, pertaining to his/her mechanical license.
d. The registration required by this article shall be issued only to an individual, and not to a corporation or firm.
e. A mechanical contractor shall be required to register and pay a twenty- five dollar ($25.00) administrative fee to engage in mechanical contracting in the village of Milan. The annual fee shall be valid for a period of one year commencing on January 1 and shall remain in force and effect for that period of time, unless revoked for cause. An individual who presents a mechanical license from another city in Illinois will not be required to provide proof of testing but will be required to submit an affidavit verifying a minimum of five (5) years as a mechanical contractor.
f. Any person who first shall have filed proper application and later shall have satisfactorily passed an examination, as required by this section, shall be entitled to receive a registration to do mechanical work and to register as a mechanical contractor and engage in the business of mechanical contracting.
g. The registration of a mechanical contractor, as required by this section, shall be made in writing to the building official stating the name and place of business of the applicant and the name of the representative of the applicant who will act as supervisor of the work to be done under the registration. The application shall be accompanied by a satisfactory affidavit that the applicant or representative thereof passed the master's mechanical examination through the International Code Council national contractor trades examination program, standard master mechanical exam only, 900 Montclair Road, Birmingham, AL 35213, 1-(888)-422-7233, www.iccsafe.org/contractor. Applicant must have tested and passed the master's mechanical examination and provided proof of passing grade. The passing test results are not subject to expiration as long as the individual is active in the mechanical trade and submits an affidavit verifying a minimum of five (5) years' mechanical experience.
h. Before any registration required by this chapter is issued, the applicant therefor shall furnish license/permit bond in the penal sum of ten thousand dollars ($10,000.00). The bond shall be conditioned upon the faithful performance of the applicant's work in accordance with the provisions of this code and for all work performed under the license sought. Such surety is to be a company authorized to do business in the state of Illinois. This shall be a continuing bond until canceled by notice. The surety shall have the right to cancel this bond for future liability upon thirty (30) days' written notice to the building official.
i. Said person, firm or corporation engaging in the business of mechanical contracting in the village of Milan shall provide proof of insurance to the building official in the type and amounts listed below:
(1) Proof shall be a certificate of insurance for public liability and property damage insurance in the minimum amount and form as hereby specified: one hundred thousand dollars ($100,000.00) for each occurrence of property damage; and three hundred thousand dollars ($300,000.00) for each occurrence of personal injury or bodily harm. Such policy shall provide that it cannot be canceled except upon written notification to the building official at least thirty (30) days prior to the date of cancellation.
(2) Proof that the applicant has obtained workers' compensation insurance or that the applicant is an approved self-insurer of workers' compensation shall be either the certificate of insurance from the insurance provider or the certificate of approval as a self-insurer issued by the Illinois industrial commission.
If an applicant is a sole proprietorship or partnership and the applicant has no employees, the applicant shall not be required to provide proof of workers' compensation insurance. Such applicant's application shall include a sworn statement that said applicant has no employees.
j. No person permitted to register under the provisions of this section shall install or repair mechanical equipment after the expiration of the registration or after the registration shall have been revoked pursuant to this section, unless the registration or renewal thereof shall have been received.
k. A registration required by this section is prohibited from being loaned, rented, assigned, or transferred.
4. Plumbing License: No person shall be allowed to do plumbing or receive a permit therefor within the village of Milan unless and until licensed as a plumber under the plumbing license law or unless exempted from said law. In order to obtain a plumbing permit, the person applying shall post a state of Illinois plumbing license for the individual holding a plumbing license who shall be an officer of the business or corporation.
5. Change Of Status: Whenever a designated representative of an electrical, mechanical or plumbing contractor severs a relationship with an electrical, mechanical or plumbing contractor, or a general contractor revokes an agency agreement to allow persons to take out permits in the licensee's name, or an electrical, mechanical or plumbing licensee severs a relationship with a firm engaging in such work, the electrical contractor, mechanical contractor, plumbing contractor, or general contractor engaging in such work shall immediately notify the building official in writing and designate new representatives, if any, if required to engage in work within the village.
6. Sub-contractors are those individuals' firms or corporations engaging in construction, demolition, modifications, landscaping, tree cutting, concrete work of structures, grounds located in Village of Milan not defined as building, electrical, mechanical or plumbing contractors. (Ord. 1570, 9-17-2012; amd. Ord. 1619, 1-5-2015; Ord. 1776, 11-6-2023)
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