A. Whenever the director of community development finds that conditions or practices remain in the rental structure or any unit within the rental structure in violation of any applicable regulations, or there are outstanding fees or judgments, the director shall serve the landlord or property manager with a notice of violation, which shall state the violation(s) and provide a list of outstanding fees or judgments. Said notice shall state that unless all such violations are corrected and outstanding fees or judgments satisfied within a reasonable time, of not less than five (5) days nor more than thirty (30) days from the date of the notice, the operator's license will be revoked or denied, as applicable. In the case of a renewal, the notice shall state that issuance of the license will be denied. Notice under this subsection shall be by personal service or mail.
B. Upon expiration of the time allowed to correct any violation and/or satisfy any outstanding fees or judgments, the village shall reinspect the rental structure and determine if any violations, outstanding fees or judgments remain. If the violations have not been corrected or outstanding fees or judgments remain, the director of community development shall provide notice to the landlord or property manager of a determination to revoke or deny issuance or renewal of the operator's license. Said notice shall inform the landlord or property manager of the right to request a hearing regarding the proposed action, as described in subsection C of this section.
C. Any person, whose license to operate a rental structure is subject to revocation or denial, shall be entitled to a hearing on that revocation or denial action before an administrative law judge pursuant to chapter 8, article XXI of this code by filing a written request for a hearing with the office of administrative hearings within ten (10) days following the date such notice was personally delivered or placed in the mail. If such a request for a hearing is received, the administrative hearings supervisor shall assign a hearing date no later than thirty (30) days after the date the request is received, sending notice of the hearing place and date to the appellant. Upon completion of the hearing, the administrative law judge may either:
1. Affirm the revocation or denial; or
2. Stay the revocation and allow additional compliance time; or
3. Deny the revocation of the license; or
4. Order issuance of the license.
5. In considering outstanding judgments, the administrative law judge may take judicial notice of the judgment as ordered. The scope of review of such judgment shall be limited to whether the obligation has been satisfied and whether the respondent is the actual person against whom the judgment was issued. Lack of liability or guilt in relation to the underlying obligation shall not be a defense.
6. Any order revoking or denying the issuance of a license shall be final for purposes of judicial review under the administrative review law of Illinois.
D. If a timely request for a hearing is not filed, then the notice of revocation or denial order shall become a final order for purposes of judicial review upon the expiration of the time for requesting such review, and the notice requirement set forth in subsection G of this section shall apply.
E. In the event a residential operator's license is revoked or denied, or the rental structure is being operated without a license, then:
1. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within the rental structure; and
2. The village shall have the right to proceed under section 23.1822 of this article.
F. A license which has been revoked or denied shall not be reinstated. The landlord may, however, obtain a new license after all violations have been corrected by following the procedures for obtaining a new license as set forth in this article.
G. Whenever a license is revoked or denied, or the rental structure is being operated without a license, the director of community development shall send a notice to the landlord or property manager at the last address provided on the most recent license application, or to the landlord, property manager or taxpayer of record if no application is available. The notice shall be sent by regular U.S. mail or served personally. The code official shall also notify the landlord, property manager and all tenants of the rental structure by posting a notice on all entrances to the rental residential structure, containing the name and address of the owner, address and/or name of the multi-family residential structure, and the following statement:
You are hereby notified that the license for this structure has been revoked or denied, or the rental structure is operating without a license. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building.
H. In the event that any notice posted in accordance with subsection G of this section is removed without the approval of the code official, the code official may post a notice on the property, a minimum of thirty inches by thirty inches (30" x 30") in size, having letters a minimum of two inches (2") high, containing the name and address of owner, address and/or name of the multi-family residential structure, and the statement set forth in subsection G of this section.
I. Removal of the notices required in subsections G and H of this section by any person other than a code official is prohibited and shall be subject to a fine in the amount set forth in appendix A, division III of this code.
J. The license shall remain in effect during the pendency of a hearing before the administrative law judge under this section.
K. The hearing process set forth in this section shall apply to the revocation and denial of residential rental operator's licenses, not chapter 10, article IV of this code, which provides a hearing process for the revocation or denial of a license. (Ord. 5807, 8-3-2010; amd. Ord. 5896, 12-20-2011)