Article VI. Municipal Hearings Division


2-14-190 Municipal Hearings Division - Jurisdiction.

(a) The Department of Administrative Hearings is authorized to establish a system of administrative adjudication for the enforcement of all provisions of the Municipal Code that are not adjudicated by the Vehicle, Buildings, Environmental Safety or Consumer Affairs Hearings Divisions, except that it shall not adjudicate violations of the following chapters and sections: chapter 4-92 (Massage Establishments and Massage Services); chapter 4-144 (Weapons); section 7-28-190 (Health Nuisances-Throwing objects into roadways); chapter 8-20 (Weapons), other than section 8-20-015 (Unlawful firearm in motor vehicle-Impoundment); and chapter 8-24 (Firearms and Other Weapons).

(b) The system may be operated within a Municipal Hearings Division or such other division or divisions established by the director within the Department of Administrative Hearings.

(c) Notwithstanding any other provision of this code, except section 2-14-130(c), the jurisdiction granted to the Department of Administrative Hearings by this article shall be exercised exclusively by the Department of Administrative Hearings upon written notification by the director to any affected department or agency of the city. Subsequent to the issuance of the written notification, no city department or agency, except those specified in section 2-14-130(c), may adjudicate code provisions identified in the notice other than the Department of Administrative Hearings.

2-14-195 Fine of $10,000 or more - Petition for review to the director.

(a) Except as otherwise provided in Section 3-4-340(H)(5), in any matter adjudicated by the Municipal Hearings Division where an administrative law officer imposes or the city seeks a fine or judgment of $10,000 or more, either party, may, within 10 business days of said fine or judgment determination, petition the director of the Department of Administrative Hearings or his or her designee to review the determination as well as the underlying final determination of liability. A final decision by the director or his or her designee to reverse or modify any determination shall be based on the record created by the administrative law officer, and the director shall not make any determination of credibility without consulting the administrative law officer.

(b) If the director or his or her designee does not act on a petition within 10 business days after receiving the petition, the petition shall be deemed denied on that date and the determination of the administrative law officer shall be final.

(c) The failure to submit a petition for review shall not waive or affect a party's right to judicial review.

2-14-200 Eviction proceedings.

(a) The provisions of Article I of this chapter shall apply to eviction proceedings except to the extent that those provisions are inconsistent with this section. At a proceeding under this section, notwithstanding Section 2-14-076 of this Code, a violation notice shall not be treated as prima facie evidence.

(b) Whenever an administrative law officer determines that a tenant is subject to eviction based upon a pattern of controlled substance violations under Chapter 8-28, he or she will issue an order of eviction effective on a specified date not less than 30 days after the date the order is issued. On that date and thereafter the landlord shall be entitled to re-enter and take possession of the premises. Any person who violates an order of eviction issued under this section by failing to surrender the premises shall be subject to prosecution under section 2-14-100.

(c) Whenever an administrative law officer issues an eviction order, he or she may order the landlord to retain the services of a licensed private security contractor to ensure the removal of the tenant from the premises in accordance with the order. In addition, the corporation counsel is hereby authorized to enter into an intergovernmental agreement with the County of Cook, under which the City will authorize the Sheriff's Police of that county to take appropriate action to ensure the removal of a tenant from premises in accordance with an order of eviction issued under this section. Any such agreement shall be subject to the approval of the corporation counsel and executed by the mayor. If the dwelling unit or premises are owned, managed or subsidized by a public housing agency, the public housing authority may be a party to the intergovernmental agreement.

(d) If the tenant does not vacate and remove his or her personal property from the premises as of the effective date of an eviction order specified in subsection (b), the landlord shall dispose of the property as provided in subsection (f) of Section 5-12-130.

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