Highwood ARTICLE C. RENTAL PROPERTY SAFETY § 10-2C-12

Any person notified of violations as provided in this article, or any person denied a certificate of compliance, or any person whose certificate of compliance has been suspended or revoked shall have the right of appeal as provided in this section.


A. When a certificate of compliance is suspended for any of the items set forth herein, the city shall send notice to the certificate of compliance holder. The notice shall include the following:


1. Description of the property sufficient for identification.


2. A statement of the reasons for the suspension.


3. An explanation of the certificate of compliance holder's right to appeal the suspension.


B. If the certificate of compliance was suspended based upon a reinspection failure, the certificate of compliance holder may request another reinspection prior to revocation. If, upon reinspection, the city finds that the residential rental property in connection with which the notice was issued is now in compliance with this article, the code official may reinstate the certificate of compliance.


C. Any person whose certificate of compliance has been suspended or revoked by the code official shall be entitled to appeal the suspension or revocation by filing an appeal with the zoning board of appeals. A request in written form, specifying in detail the reason for the appeal (and with all documents relied upon), shall be filed with the city clerk. The city clerk shall forthwith transmit to the zoning board of appeals all of the papers constituting the record upon which the action appealed from was taken, which shall be sufficient to cause the zoning board of appeals to set a reasonable time and place for the hearing of the appeal and shall give notice thereof to the persons appealing and to the code official from whom the appeal is taken. The board shall hear and decide the appeal within a reasonable time. At the hearing, parties of interest may appear in person or by agent or attorney. Except as set forth below, such an appeal shall operate as a stay of the revocation or suspension until such time as the board renders a decision on the appeal. The hearing shall be according to the rules and regulations promulgated by the board. A written or recorded transcript of the proceedings shall be maintained for the purposes of appeal and consideration hereunder.


D. Following the hearing, the board may fashion an appropriate ruling, revoking the certificate of compliance; continuing the suspension for a definite compliance date (not to exceed 30 days) with revocation being the penalty for noncompliance; or dismissing the charges and reinstating the certificate of compliance. The concurring vote of four (4) members of the zoning board shall be necessary to recommend reversal of any order, decision, or determination of the code official or to decide in favor of the applicant, of any matter upon which it is authorized by this article to render decisions. The board's decision shall be in writing and shall be filed with the city clerk and mailed to the person making the appeal after the conclusion of the hearing, by certified mail, return receipt requested.


E. Decisions of the zoning board of appeals dismissing any charge and/or reinstating the certificate of compliance shall be referred directly to the mayor and city council for hearing as set forth below. Further, any person having filed an appeal with the zoning board of appeals and having received findings and recommendations which such person is aggrieved, may file an appeal to the mayor and city council. Such appeal shall be in writing and may be in the form of a letter (which shall contain a brief statement of the basis for appeal), and shall be filed within fourteen (14) days of mailing of the board's written decision.


F. A hearing reviewing any appeal or any decision of the zoning board of appeals dismissing any charge and/or reinstating the certificate of compliance shall be conducted by the mayor and city council after receipt of the appeal or decision of the zoning board of appeals. At the conclusion of the procedures set forth in this section, the city council may make such findings and determination as it determines appropriate. (Ord. 2003-O-75, 12-16-2003; amd. Ord. 07-O-4, 2-6-2007)


G. A written or recorded transcript of the proceedings shall be maintained for the purposes of appeal and consideration hereunder. All final administrative decisions of the mayor and city council under this section shall be subject to judicial review pursuant to the provisions of the state administrative review law, and all amendments and modifications thereof, and the rules adopted pursuant thereto 1 . The term "administrative decision" is defined as in section 3-101 of the administrative review law 2 . (Ord. 2003-O-75, 12-16-2003; amd. Ord. 07-O-4, 2-6-2007; 2009 Code)


H. A hearing officer may be appointed by the mayor, with the consent of the city council, to conduct any hearing under subsection G of this section. In any hearing conducted by a hearing officer pursuant to this subsection, the officer shall, upon conclusion of the hearing, prepare a written recommended decision that includes findings of fact and conclusions. The recommended decision shall be filed with the city clerk and mailed to the parties not later than thirty (30) calendar days after the conclusion of the hearing. Upon receipt of such a recommended decision, the city may, without holding a further hearing, either:


1. Adopt the recommended decision, including findings of fact and conclusions submitted by the hearing officer; or


2. Adopt the findings of fact and conclusions contained in the recommended decision, modify the decision, and adopt the recommended decision as so revised; or


3. Based upon the record of the hearing, modify the findings of fact, conclusions or decisions, and adopt the recommended decision as so revised.


I. In all matters to be considered by the mayor and city council, there shall be transmitted to the mayor and city council, in addition to the materials in the subsection H of this section, the transcript or recording required hereunder. Further, said materials may be reasonably supplemented by such further written memorandum and written evidence as may be desired by the person taking the appeal, the code official or the hearing officer. In their sole discretion, the mayor and city council may require such additional evidence or presentation before it by the person taking the appeal, the code official or the hearing officer.


J. The cost of any hearing (including the cost of the transcript or recording of the proceedings) shall be borne by the ultimate nonprevailing party. The hearing costs (attorney fees, expert witness fees and/or other expenses) incurred by any person or property owner at either a hearing with the zoning board of appeals or city council shall be borne solely by such person. The hearing costs (attorney fees, expert witness fees and/or other expenses) incurred by the city at any hearing before the zoning board of appeals or city council shall be imposed upon any nonprevailing person or property owner.


K. A certificate of compliance may be revoked when an appeal has not been filed within twenty (20) days following the issuance of an order of suspension, or if the suspension is sustained after an appeal.


L. A certificate of compliance shall be revoked and the rental property shall not be let or occupied if the decision being appealed is based upon one or more of the following:


1. Structural, mechanical, plumbing or electrical code violations, which present a substantial risk of harm to the health or safety of the occupants or the potential occupants of the subject premises, as determined by the code official.


2. The failure of the owner or applicant to provide a completed application for a certificate of compliance or a renewal certificate of compliance.


3. The occupancy of the dwelling unit exceeds the permitted maximum occupancy under the property maintenance code.


4. In the opinion of the code official, emergency conditions exist that require the immediate vacating of a structure as specified in the city property maintenance and/or housing code.


M. A certificate of compliance that has been properly revoked as herein provided shall not be reinstated. The certificate of compliance holder may, however, obtain a new certificate of compliance after all violations have been corrected and following the procedures for obtaining a new certificate of compliance as set forth in this article, including the payment of all applicable fees.


N. Whenever a certificate of compliance is revoked, following a hearing or twenty (20) days after suspension where no hearing was requested, the code official shall send notice to the certificate of compliance holder at the address provided on the most recent certificate of compliance application on file with the city. Said notice shall be sent by certified mail, return receipt requested. In the case of revocation of a certificate of compliance for residential rental property, the code official shall also notify all tenants and occupants of the property by posting a notice on all entrances of the residential rental structure. The notice to be posted and shall contain the following language:


You are hereby notified that the Certificate of Compliance for this building has been revoked pursuant to the ordinances of the City. You must vacate this building within 60 days of the date of this notice. If you fail to vacate this building you will be in violation of the ordinances of the City, and could also be subject to fines as set forth in the ordinances of the City, including a fine of up to $750.00 per day of violation.


O. Whenever an owner or property agent of a residential rental property fails to obtain a certificate of compliance for said property with the city, the code official shall notify all tenants or occupants of the residential rental property by posting a notice on all entrances to the residential rental property. The notice to be posted shall contain the following language:


You are hereby notified that the owner or agent for this building has failed to obtain a Certificate of Compliance for this residential rental property as required by the ordinances of the City. You must vacate this building within 60 days of the date of this notice. If you fail to vacate this building you will be in violation of the ordinances of the City, including a fine of up to $750.00 per day of violation.


(Ord. 2003-O-75, 12-16-2003; amd. Ord. 07-O-4, 2-6-2007)





Notes
1 1. 735 ILCS 5/3-101 et seq.
2 2. 735 ILCS 5/3-101.