(A) (1) The city may, at any time, commence an action before the city's administrative hearing officer for a determination that the property is a chronic nuisance property. The city shall have the initial burden of proof to show, by a preponderance of the evidence, that the property in question is a chronic nuisance property. Notice of the hearing shall be provided to all persons or entities that may be adversely affected by a decision declaring the property a chronic nuisance property.
(2) The city's representative shall present evidence in support of its claim that the property is a chronic nuisance property. The property owner(s), manager(s) or tenant(s) in possession, if a leased property, or person(s) in charge or that person's representative or attorney on behalf of the responding party shall be permitted to rebut such evidence. No continuances shall be authorized by the administrative hearing officer in proceedings under this section unless for good cause shown or except where a continuance is absolutely necessary to protect the rights of any party to the proceeding.
(3) At the conclusion of the hearing, the administrative hearing officer shall make a determination on the basis of the evidence presented at the hearing, whether or not a violation(s) exists or existed and whether or not the property is a chronic nuisance property. The determination shall be in writing and shall be designated as the findings, decision, and order. The administrative hearing officer's decision shall be final and binding, except that the provisions of the Illinois Administrative Review Law shall apply with respect to judicial review of the administrative hearing officer's findings, decision and order. A copy of the findings, decision, and order shall be served upon the person in charge, owner, or tenant or occupant, within 14 business days of the date of the hearing.
(B) If the administrative hearing officer makes a finding that a property was, or is, a chronic nuisance property, the administrative hearing officer may fine the party(s) responsible for the violation, in an amount not to exceed $750 for each violation and/or may order an abatement plan designed to alleviate and prevent future occurrences of criminal activity or nuisance activity upon the property. Each day a nuisance activity occurs or continues shall be considered a separate and distinct violation for purposes of determining a property to be a chronic nuisance property. The administrative hearing officer may, in his or her discretion, impose such a fine for each day the nuisance activity goes unabated.
(Ord. 18-32, passed 9-11-18; Am. Ord. 21-24, passed 8-24-21)