(A) Opportunity. Parties shall be provided with an opportunity for a hearing before or during which they may exercise any or all of the following rights:
(1) Be represented by counsel, although respondents shall not be entitled to have an attorney appointed to represent them;
(2) Present and cross-examine witnesses; and
(3) Request the Hearing Officer to issue subpoenas to direct the attendance and testimony of relevant witnesses or the production of relevant tangible evidence.
(B) Rules of evidence shall not govern. The formal and technical rules of evidence shall not apply in an administrative adjudication hearing authorized under this subchapter. Evidence, including hearsay, may be admitted only if it is the type commonly relied upon by reasonably prudent persons in the conduct of their affairs.
(C) Standard of proof. Administrative adjudication hearings are civil in nature. The city shall bear the standard of proof to prove by a preponderance of the evidence the occurrence or existence of a violation of the code. A sworn, written pleading, complaint or citation, or a copy thereof, containing information to support all the elements of the alleged violation shall constitute prima facie evidence of the violation.
(D) Defenses. It shall be a defense to a code violation charged under this subchapter if the owner, his or her attorney, or any other agent or representative proves to the Hearing Officer’s satisfaction that:
(1) The code violation alleged in the notice did not in fact exist at the time of the citation, pleading or complaint;
(2) 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 the violations, the current occupants continue to cause the violations; or
(3) An occupant or resident of the dwelling has refused entry to the owner or his or her agent to all or a part of the dwelling for the purpose of correcting the code violation(s).
(4) The code violation alleged in the notice occurred when the respondent was not the owner or lessee of the subject real or personal property. Notwithstanding the foregoing sentence, any existing order to correct a code violation and/or sanctions imposed by the city as a result of a finding of a code violation under this subchapter 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 the property takes the same subject to the findings, decision and order of a Hearing Officer under this subchapter.
(E) Continuances. No continuances shall be authorized by a Hearing Officer for any administrative adjudication hearing commenced under this subchapter except in cases where a continuance is necessary to protect the rights of the respondent or owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a Hearing Officer shall not exceed 28 days.
(F) Judicial review. Any final decision by a Hearing Officer that a code violation does or does not exist shall constitute a final determination for purposes of judicial review and shall be subject to review under the Illinois Administrative Review Law, ILCS Ch. 735, Act 5, §§ 3-101 et seq., or as hereinafter amended. Any person filing for judicial review under the Administrative Review Law shall be subject to the assessment of costs for the preparation and certification of the record of proceedings before the Hearing Officer. The cost shall be assessed as $100 for the first page of the transcript and $25 for each page thereafter. Any failure to pay the fee shall subject the party seeking review to the provisions of ILCS Ch. 735, Act 5, § 3-109, including dismissal of the complaint on motion of the city.
(Ord. 2007-03-0090O, passed 3-27-2007)