Auburn — Ch. 13 Art. VI Minimum Housing Standards § 13-103

(a) Whenever the housing commissioner determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
(1) Be in writing;
(2) Include a statement of any alleged violation;
(3) Allow a reasonable time, but not less than thirty (30) days, for the correction of any violation or the performance of any acts it requires except in a case of emergency as provided in subsection (e) of this section; in which case, the person to whom an order is directed shall comply therewith immediately;
(4) Be served upon the owner or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon such owner or upon such occupant if a copy thereof is:
a. Served upon him personally;
b. Sent by registered mail to his last-known address;
c. Posted in a conspicuous place in or about the dwelling affected by the notice.
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this article and with rules and regulations adopted pursuant thereto.
(b) Any person affected by any such notice which has been issued in connection with the enforcement of any provision of this article or of any rule or regulation adopted pursuant thereto may request and shall be granted a hearing on the matter before the housing commissioner; provided that such person shall file in the office of the city clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten (10) days after the day the notice was served. Upon receipt of such petition, the city clerk shall notify the commissioner, and the commissioner shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the date on which the petition was filed; provided that upon such application of the petitioner the commissioner may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
(c) After such hearing the commission shall sustain, modify or withdraw the notice, depending upon his finding as to whether the provisions of this article and the rules and regulations adopted pursuant thereto have been complied with. If the commissioner sustains or modifies such notice it shall be deemed to be an order. Any notice served pursuant to subsection (a) of this section shall automatically become an order if a written petition for a hearing is not filed in the office of the city clerk within ten (10) days after such notice is served.
(d) The proceedings at such hearing, including the findings and decision of the commissioner shall be summarized, reduced to writing, and entered as a matter of public record in the office of the city clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person affected by the decision of the commissioner may request a review of such decision by the city council. Any person adversely affected by the decision of the city council may seek judicial review of such action in accordance with the laws of the State of Illinois.
(e) Whenever the housing commissioner, at any stage of proceedings instituted under the provisions of this article, finds a violation of this article exists which requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals, or welfare of the occupants of a building or of the public, he may, without notice or hearing, issue an order citing the violations and existence of an emergency and directing that such action be taken as he deems necessary to remove or abate the hazard or danger and meet the emergency. Notwithstanding any other provision of this article, such order shall be effective immediately upon service. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the commissioner shall be afforded a hearing within ten (10) days. After such hearing, depending upon his finding as to whether the provisions of the article and the rules and regulations adopted pursuant thereto have been complied with, the commissioner shall affirm, modify or revoke such order.
(f) The commissioner shall have the power to vary or modify any of the provisions of this article or any rules and regulations adopted pursuant thereto upon an application to him in writing by the owner or occupant of a dwelling or dwelling unit where there are practical difficulties in the way of carrying out the strict letter of this article, so that the spirit and intent of this article shall be observed and the public safety be secured and substantial justice be done; but no such variations or modifications shall be granted or allowed unless the particulars of each application and the decision of the commissioner therein shall be entered upon the records of his office.