Simultaneously with the service of any request made by the Village upon a landlord for implementation of eviction or other proceedings to terminate a residential lease, the procedures set forth in this section shall apply.
(a) Notice shall be served by personal delivery, U.S. Mail, or e-mail if available upon the landlord and the tenant, containing at a minimum, a copy of this chapter and facts alleging the grounds for revocation or suspension of the lessor's or landlord's license, and advising that either landlord or tenant may appeal this preliminary determination. In the event neither the tenant nor the landlord files a written appeal under this section with the Village Manager within ten calendar days of the date stated on the notice served, the right to appeal shall be deemed waived. In the discretion of the hearing officer described below, an appeal may be accepted late.
(b) In the event of the timely filing of a written appeal by the landlord or the tenant under this section, the party appealing shall receive a hearing before a hearing officer appointed by the Village Manager before any steps are taken toward revocation of the landlord's business license, and before further steps taken by the Village to request eviction.
(c) An appeal may be filed by the landlord, or the tenant. "Tenant" shall mean the adult person (or persons) (other than a live-in aide):
(1) Who resides in the unit, and who entered into the lease as lessee of the dwelling unit, or, if no such person now resides in the unit.
(2) Who resides in the unit, and who is the remaining head of household of the tenant family residing in the dwelling unit.
(d) Failure to request a hearing. Failure to request a hearing shall not constitute a waiver by the tenant of his or her right thereafter to contest an eviction disposing of the eviction complaint in an appropriate judicial proceeding.
(e) Scheduling of hearings. Upon a party's filing an appeal, a hearing shall be scheduled by the hearing officer. A written notification specifying the time, place and the procedures governing the hearing shall be mailed to the landlord and tenant.
(f) The party appealing shall be afforded a fair hearing before the hearing officer, which shall include:
(1) A pre-hearing opportunity to examine documents, including records and regulations, that are directly relevant to the hearing. The tenant or landlord shall be allowed to copy any such document at their own expense.
(2) The right to be represented by counsel or other person chosen as the landlord's or tenant's representative, and to have such person make statements on the tenant's behalf;
(3) The right to present evidence and arguments in support of the landlord's or tenant's grievance, to controvert evidence relied on by the police or building and zoning administrator, and to confront and cross-examine all Village employees who made the determination of a violation; and
(4) A decision based solely and exclusively upon the facts presented at the hearing, based upon the preponderance of the evidence presented.
(g) The hearing officer may render a decision without proceeding with the hearing if the hearing officer determines that the issue has been previously decided in another proceeding.
(h) If an appealing party fails to appear at a scheduled hearing, the hearing officer may make a determination to postpone the hearing for a time not to exceed five business days or may make a determination that the party has waived his or her right to a hearing. Both the landlord and tenant shall be notified of the determination by the hearing officer: Provided, that a determination that a party has waived his or her right to a hearing shall not constitute a waiver of any right the appealing party may have to contest the disposition of the grievance in an appropriate judicial proceeding.
(i) At the hearing, the Village will present evidence and testimony in support of the determination.
(j) The hearing shall be conducted informally by the hearing officer and pertinent oral or documentary evidence may be received without strict compliance with the rules of evidence applicable to judicial proceedings. The hearing officer may rely on any evidence that prudent people would rely upon in the conduct of serious affairs. Failure to comply with the directions of the hearing officer to maintain decorum and order may result in exclusion from the proceedings or in a decision adverse to the interests of the disorderly party, and granting or denial of the relief sought, in the hearing officer's discretion.
(k) The hearing officer shall prepare a written decision, together with the reasons therefore, within a reasonable time after the hearing. A copy of the decision shall be served on the landlord and the tenant by one of the methods set forth in subsection (a) above. A decision by the hearing officer which denies the appeal in whole or in part shall not constitute a waiver of, nor affect in any manner whatever, any rights a landlord or tenant may have to a trial on the original merits or judicial review in any judicial proceedings, which may thereafter be brought in the matter.
(l) The hearing officer's decision shall be limited to the question whether the landlord is obligated under this section to begin eviction proceedings against the tenant.
(Ord. 1829. Passed 2-12-24.)