[Added 9-9-2003 by Ord. No. 2-2003]
[1]
Editor's Note: This article appeared in the 2001 Code as Ch. 19, Art. 7, but was moved to this chapter at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(A) 
The City of Hometown, pursuant to the provisions of 65 ILCS 5/11-31.1-1 et seq., hereby establishes a Code Hearing Department to expedite the prosecution and correction of code violations.
(B) 
For purposes of this article, the following definitions apply:
BUILDING INSPECTOR
Any officer or employee of the City of Hometown whose duties include the inspection or examination of structures or property in the City of Hometown to determine whether a code violation exists.
CODE
Any provision of the Municipal Code of the City of Hometown relating to or establishing construction, zoning, plumbing, heating, electrical, fire prevention, sanitation, property maintenance or other health or safety standards applicable to property or structures or that requires, after notice, the cutting of weeds, the removal of garbage and debris, the removal of inoperable motor vehicles, or the abatement of nuisances from private property.
HEARING OFFICER
A City employee or an officer or agent of a municipality, other than a law enforcement officer, whose duty it is to:
(1) 
Preside at an administrative hearing called to determine whether or not a code violation exists;
(2) 
Hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;
(3) 
Preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and
(4) 
Issue and sign a written finding, decision, and order stating whether a code violation exists.
PROPERTY OWNER
The legal or beneficial owner of a structure, or a person who contracts with the federal government, or any agency thereof, to care for vacant residential real estate.
The remedies provided for by this article are not exclusive and the City has the option of prosecuting code violations in any manner provided by law.
(A) 
When a Building Inspector, police officer or other individual authorized to issue code violations finds a code violation to exist, he or she shall note the violation on a multiple-copy violation notice and report form that indicates:
(1) 
The name and address of the property owner;
(2) 
A citation to the specific code provision or provisions alleged to have been violated and a description of the circumstances present that constitute the alleged violation;[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 30, General Provisions, Art. 2).
(3) 
The date and time on which the violation was observed;
(4) 
The names of the witnesses of the violation; and
(5) 
The address of the property or structure where the violation is observed.
(B) 
The violation report form shall be forwarded to the Code Hearing Department, where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 days nor more than 40 days after the violation is reported.
(C) 
One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be part of the record of hearing, one copy of the report form shall be returned to the individual representing the City in the case so that he or she may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail to the property owner, along with a summons commanding the property owner to appear at the hearing. If the name of the owner of the property or structure cannot be ascertained, or if service on the owner cannot be made by mail, service may be made on the owner by posting or mailing a copy of the violation report form on the front door of the structure where the violation is found, not less than 20 days before the hearing is scheduled.
At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, direct witnesses to appear and give testimony at the hearing. If, on the date set for the hearing, the defendant or his or her attorney fails to appear, the hearing officer may find the defendant in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.
No continuances shall be authorized by the hearing officer in proceedings under this article except in cases where a continuance is absolutely necessary to protect the rights of the owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this section shall not exceed 25 days. The case for the City may be presented by the Building Inspector, by any other City employee or by an attorney designated by the City. However, in no event shall the case for the municipality be presented by an employee of the Code Hearing Department. The case for the dwelling owner may be presented by the owner, his attorney, or any other agent or representative.
At the hearing, a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or nonexistence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this article.
It shall be a defense to a code violation charged under this article if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:
(A) 
The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed.
(B) 
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 such violations, the current occupants continue to cause the violations.
(C) 
An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation.
At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a code violation exists. The determination shall be in writing and shall be designated as "findings, decision and order." The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact, and an order ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved. A copy of the findings, decision and order shall be served on the owner within five days after it is issued; service shall be in the same manner as the report form and summons are served pursuant to § 21.200.3 above. Payment of any penalty or fine, and the disposition of said monies, shall be in the same manner as provided for in the Municipal Code, unless otherwise provided by the City Council.
The findings, decisions and orders of the hearing officer shall be subject to review under the Administrative Review Law.
[1]
Editor's Note: See 735 ILCS 5/3-101 et seq.
Any fine, cost, or other sanction imposed on a property owner remaining unpaid after the exhaustion of, or failure to exhaust, judicial review procedures under the Administrative Review Law, or which is affirmed after appeal, shall be a debt due and owing the City of Hometown and may be collected in accordance with applicable law. The City may commence a proceeding in the Circuit Court of Cook County for purposes of obtaining a judgment on the finding, decision or order. The City of Hometown is hereby authorized to commence any such action in conformance with the provisions of 65 ILCS 5/11-31.1-11.1 and the Illinois Code of Civil Procedure. Any finding, decision or order of the hearing officer shall attach to the property as well as the property owner so that a finding of a code violation cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of the property takes subject to the finding, decision and order of the hearing officer.
A person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct municipal health and safety code violations. A person who intentionally violates this section is guilty of a business offense and shall be fined not less than $501 and not more than $1,000.
Notwithstanding any other provision of this article, the City of Hometown is not precluded from using any other method authorized by law to enforce the provisions of its codes.