Article I. General Provisions-Sections 2-14-101 thru 2-14-109
2-14-101 Seized/unclaimed property.
After an administrative law officer has issued a final determination of liability or no liability, any property seized by the city in relation to the subject matter of the final determination of liability or no liability that is not forfeited by operation of law may be reclaimed by the lawful owner provided that all penalties and fees have been paid. The procedures for the reclamation shall be within the discretion of the Department head of the city department or agency charged with maintaining custody of the property. After the expiration of time during which judicial review of the final determination of liability may be sought or 35 days after the final determination of no liability, unless stayed by a court of competent jurisdiction, any property not so reclaimed may be disposed of by the city department or agency charged with maintaining custody of the property as provided by law.
2-14-102 Review under the Administrative Review Law.
Any final decision by the Department of Administrative Hearings 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, except as otherwise may be provided by law for decisions issued prior to the effective date of this ordinance.
2-14-103 Enforcement of administrative law officer's order.
- Any fine, other sanction or costs imposed by an administrative law officer's order that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures shall be a debt due and owing the city and, as such, may be collected in accordance with applicable law.
- After the expiration of the period in which judicial review may be sought, unless stayed by a court of competent jurisdiction, the findings, decision and order of an administrative law officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.
- In any case in which a respondent fails to comply with an administrative law officer's order to correct a code violation or imposing a fine or other sanction as a result of a code violation, any expenses incurred by the city to enforce the administrative law officer's order, including but not limited to, attorney's fees, court costs and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an administrative law officer shall be a debt due and owing the city. Prior to any expenses being fixed by an administrative law officer, the respondent shall be provided with notice that states that the respondent shall appear at a hearing before an administrative law officer to determine whether the respondent has failed to comply with the administrative law officer's order. The notice shall set the time for the hearing, which shall not be less than seven (7) days from the date that notice is served. Notice shall be served by first class mail and the 7-day period shall begin to run on the date that the notice was deposited in the mail.
- Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the respondent in the amount of a debt due and owing the city. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction.
- Nothing in this section shall prevent the city from enforcing or seeking to enforce any order of an administrative law officer in any manner which is in accordance with applicable law.
Except as otherwise provided by law, interest on any debt due and owing shall accrue at the rate set for interest upon judgments.
2-14-105 Fines payable to the Department of Revenue.
All fines and other monies paid to the city in accordance with this chapter shall be remitted to the Department of Revenue.
2-14-108 Petition to set aside default order.
- An administrative law officer may set aside any order entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the administrative law officer determines that the petitioner's failure to appear at the hearing was for good cause or, at any time, if the petitioner establishes that the petitioner was not provided with proper service of process. If the petition is granted, the administrative law officer shall proceed with a new hearing on the underlying matter as soon as practical.
- If any order is set aside under this section, the administrative law officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing as a result of the vacated default order and directing the city to refund any fines and/or penalties paid pursuant to the vacated order.
2-14-109 Petition by city department for relief from a final order of liability entered in error.
- After an order of liability becomes final, the city department or agency which initiated or prosecuted an administrative adjudication before the Department of Administrative Hearings may file a written petition for relief from a final order of liability entered in error with the Department of Administrative Hearings.
- The written petition must be filed and signed by the Department or agency head of the initiating or prosecuting department or agency and must set forth facts alleging that the order of liability: (1) was entered in error; (2) is unsupported by the record; (3) is inconsistent with applicable provisions of this code; and (4) should be vacated to avoid a miscarriage of justice. The authority to file and sign a petition under this section is expressly reserved to the Department or agency head and may not be delegated to other department or agency officials or personnel.
- Upon the filing of a written petition by a department or agency head, the director of administrative hearings shall schedule a hearing on the petition. The scope of the hearing shall be limited to the merits of the petition and shall not be expanded to constitute a re-litigation of the underlying notice of violation.
- If a petition is granted, the final order of liability shall be vacated. If an order is vacated under this section, the administrative law officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing as a result of the vacated order and directing the city to refund any fines and/or penalties paid pursuant to the vacated order.