Loading...
§ 120.11 APPEALS.
   (A)   Any owner may appeal to the Hearing Officer of the city a suspension, revocation, or denial of a residential rental license by the Director of Public Safety. Appeal to the Hearing Officer shall be made within 15 days of the suspension, revocation, or denial complained of by filing with both the Hearing Officer and the Director of Public Safety a written notice of appeal, specifying the grounds thereof.
   (B)   Any such appeal shall be based solely upon and shall state a claim that: (i) the true intent of this chapter or the rules or regulations adopted pursuant thereto have been incorrectly interpreted, (ii) the provisions of this chapter do not apply, or (iii) criminal violations sufficient to allow for evictions under the crime-free lease addendum were not established with the requisite standard of proof.
   (C)   A non-refundable fee, as prescribed in the residential rental license fee schedule established by a written order or resolution of the City Council, shall be paid at the time of filing of any appeal as otherwise established for appeals to the Hearing Officer.
   (D)   Upon receiving a timely-filed notice of appeal, the Director of Public Safety shall transmit to the Hearing Officer all papers constituting the record upon which the suspension, revocation, or denial was taken.
   (E)   An appeal shall stay any suspension of revocation appealed from, unless the Director of Public Safety certifies to the Hearing Officer after the notice of appeal has been filed that by reason of facts stated in the certificate, the stay would, in his or her opinion, cause eminent peril to life, property, or public safety, in which case the suspension or revocation shall not be stayed otherwise than by a restraining order which may be granted by the Hearing Officer or by a Court of Record on application, or notice to the Director of Public Safety and on due cause shown.
   (F)   The Hearing Officer shall act upon any appeal hereunder within 30 days of receiving a timely-filed notice of appeal by conducting a hearing upon such appeal, except such hearing may be extended to a later date upon application to the Hearing Officer for cause. The hearing shall be conducted according to the following procedures:
      (1)   Hearings conducted by the Hearing Officer shall be open to the public, held at the call of the Hearing Officer and at such times as he or she may determine. Any interested person may appear in person or by duly authorized agent or attorney. All testimony before the Hearing Officer shall be given under oath. The Hearing Officer shall administer oaths and may compel attendance of witnesses. The Hearing Officer shall keep minutes of his or her proceedings and other official actions. The Hearing Officer shall adopt his or her own rules and procedures, not in conflict with this chapter or applicable Illinois statutes.
      (2)   The Hearing Officer may reverse or affirm wholly or partly, or may modify or amend the suspension, revocation, or denial appealed from to the extent and in the manner that the Hearing Officer determines is necessary to conform with the intent and requirements of this chapter. Unless otherwise required by law, no challenge to any decision subject to this section shall filed in any court until or unless a timely appeal has been filed and prosecuted to completion by the owner as provided for in this section so as to establish a final appealable decision.
      (3)   Every decision by the Hearing Officer on an appeal hereunder shall be accompanied by findings of facts and shall refer to any exhibits presented at the hearing upon which the Hearing Officer’s decision is based. Such exhibits shall remain a part of the permanent records of the Hearing Officer. The findings of facts shall specify the reason or reasons for Hearing Officer’s decision. The terms of the relief granted shall be specifically set forth in a conclusion or statement separate from the findings of fact. Every decision or determination of the Hearing Officer shall immediately be filed with the Director of Public Safety and the City Clerk and shall be a public record and thereupon shall be a final decision of the city.
(1999 Code, § 120.11) (Ord. 3657, passed 3-1- 2010; Ord. 3797, passed 5-6-2013; Ord. 4037, passed 5-7-2018)
§ 120.12 EVICTION OR RETALIATION PROHIBITED.
   It shall be unlawful for an owner to terminate the lease agreement of a tenant or otherwise retaliate against any tenant because that tenant complained to an agent of the city about nuisance activities or violations of law on the owner’s premises. Nothing herein shall preclude an owner from evicting a tenant or taking other lawful action due to a violation of law or lease provision by the tenant.
(1999 Code, § 120.12) (Ord. 3657, passed 3-1- 2010; Ord. 3797, passed 5-6-2013; Ord. 4037, passed 5-7-2018) Penalty, see § 120.99
§ 120.99 PENALTY.
   (A)   Any person who shall violate the provisions of this chapter or shall fail to comply with any lawful order pursuant to any section of this chapter, upon conviction therefore, shall, in addition to any other remedy established herein, be subject to punishment in accordance with the general penalty for violations of ordinances of the city. Each day that such violation or failure to comply continues after issuance of notice by the code official shall constitute a separate offense.
   (B)   Any person whose residential rental license has been suspended or revoked shall be deemed to be in violation of this chapter, and in addition to any other remedies as may be provided by law, shall be subject to any of the following:
      (1)   A fine in an amount of not less than $250 and no more than $ 1,500, per unit for each day the violation exits;
      (2)   Any and all civil remedies available to the city, including any and all injunctive remedies, that a court of competent jurisdiction may impose.
   (C)   The city may seek to enforce this chapter by seeking any one or more remedies authorized under this chapter.
(1999 Code, § 120.99) (Ord. 3657, passed 3-1- 2010; Ord. 3797, passed 5-6-2013; Ord. 4037, passed 5-7-2018)