A. Suspension Or Revocation:
1. All crime-free residential rental licenses are subject to suspension or revocation in whole or in part.
2. The basis for suspension or revocation shall include, but not be limited to: violations of this chapter or the Property Maintenance Code, the failure to take adequate steps to prevent future violations of this chapter or the Property Maintenance Code, the failure or refusal to initiate and prosecute eviction proceedings against tenants that violate the “Crime-Free Lease Addendum”, the failure to pay any fee or fine due and owing to the City in a timely manner, and the falsification of information or documents required to be submitted under this chapter.
3. Proceedings to suspend or revoke a crime-free residential license shall be initiated by the Building Official. The Building Official shall initiate such proceedings by filing written charges with the Mayor. The Mayor shall send written notice of the charges to the landlord no later than forty eight (48) hours after they are filed. The notice shall include a copy of the charges as well as notification as to the date, time and location for the hearing on the charges. Notice shall be provided by certified U.S. mail, return receipt requested, to the home addresses listed for the landlord.
4. The hearing shall take place no sooner than twenty five (25) days nor more than forty five (45) days after charges are filed by the Mayor. The Mayor shall preside over the hearing and base his/her decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross- examination. The Building Official shall have the burden of proof and shall be required to prove his case by a preponderance of evidence.
5. A court reporter will be provided upon the timely request (no later than five (5) business days before the scheduled hearing) by either party. The party requesting the court reporter shall be responsible for the costs of his/her attendance and the reproduction of the transcript to be made a part of the record.
6. Licensees shall be permitted but are not required to be represented by an attorney.
7. No continuance will be granted except for the most extenuating circumstances.
8. No later than thirty (30) days after the close of the hearing, the Mayor shall issue his/her decision in writing setting forth his findings of fact and legal conclusions. The written decision shall be mailed to all interested parties by certified U.S. mail, return receipt requested.
9. Either party to the proceeding may appeal the Mayor’s ruling to the City Council in accordance with the provisions of subsection B of this section.
10. The Mayor’s decision shall be final and take immediate effect fourteen (14) days after it is issued assuming no appeal is taken.
11. Nothing herein shall prevent the immediate suspension/revocation of a crime-free residential rental license by the Building Official as circumstances dictate. Under such circumstances, post- deprivation proceedings shall be afforded to the landlord. All other procedural requirements of this subsection shall apply.
B. Appeals:
1. The Mayor's decision to suspend or revoke a crime-free residential rental license may be appealed to the City Council.
2. The landlord shall perfect the appeal by filing a notice of appeal with the City Clerk no later than fourteen (14) days after the date of the Mayor's decision. The notice of appeal shall identify any factual or legal errors with the Mayor's decision, a short argument in favor of reversal, and a copy of the Mayor’s decision. Any error or argument not raised in the notice of appeal shall be deemed waived on appeal.
3. The timely filing of a notice of appeal shall stay the Mayor’s decision through the date on which the appeal is decided.
4. Within forty eight (48) hours of the filing of the notice of appeal, the City Clerk shall send written notice of the appeal to the Building Official and the licensee. The notice shall include a copy of the notice of appeal as well as notification as to the date, time and location for the hearing on the appeal. Notice shall be provided by certified U.S. mail, return receipt requested, to the home addresses listed for the landlord.
5. The hearing shall take place no sooner than twenty five (25) days nor more than forty five (45) days after the notice of appeal is filed by the landlord. No continuance will be granted except for the most extenuating circumstances.
6. The City Council shall decide the appeal based upon the record generated before the Mayor. The record shall consist of all evidence submitted at the hearing before the Mayor and a copy of the transcript of the proceedings assuming the appellant files a copy with the City Clerk no later than seven (7) days after the notice of appeal is filed. The standard of review shall be governed by the standards employed under the Administrative Review Law (735 ILCS 5/3-101 et seq.)
7. The City Attorney shall sit as counsel for the City Council on appeal.
8. No later than thirty (30) days after the hearing, the City Council shall issue its written decision either affirming or reversing the Mayor's decision. The written decision shall be mailed to all interested parties by certified U.S. mail, return receipt requested. The City Council’s decision on appeal shall be final and shall take effect immediately.
(Ord. 2478, 9-26-2017, eff. 6-1-2018)