Chicago Department of Buildings: What Happens in Administrative Hearings for Building Code Violations
When the Chicago Department of Buildings inspector finds violations that are not dangerous and not hazardous but more than just maintenance issues, they may decide to send the building to Administrative Hearings. Here's a breakdown of the process:
- Building Code Violation Found: The Department of Buildings inspector responds to a 311 complaint and inspects the building. The inspector might find building code violations and start the Administrative Hearing process.
- Setting Dates: The Department of Law (DOL) sets the date for an Administrative Hearing. Some cases, like no heat cases, are given priority for scheduling.
- Prosecution: The Administrative Hearing cases finishes when the Administrative Law Judge issues one of the following orders:
- Finding the Owner Liable: The owner agrees to plead liable or the Judge finds them responsible for the violation.
- Finding the Owner Not Liable: The Judge finds the owner not responsible for the violation.
- Nonsuiting the Case: The City prosecutor files a motion to "nonsuit" (or dismiss) the case.
- Default Judgment: If the owner fails to appear, a default judgment and fine are entered. If the code violations continue, the DOL prosecutor can ask the DOB to issue another complaint against the owner.
- Case Closure: When cases are closed by a finding of liable, not liable, or nonsuit, the City's filed is returned to the DOB for review.
The above article provides information about legal issues but is not the same as legal advice. Legal advice is when a lawyer applies the law to your specific situation. The information in this article does not replace the advice or representation of a licensed attorney. Law Center for Better Housing cannot guarantee the accuracy or completeness of the information in this article and is not responsible for any consequences that may result from using it. You should consult with a licensed attorney to ensure the information in this article is appropriate for your specific situation. Using the information in this article does not create a relationship between Law Center for Better Housing and you as your attorney.