Article IV. Environmental Safety Hearings Division

 

2-14-160 Environmental Safety Hearings Division.

(a) The Department of Administrative Hearings shall operate a system of administrative adjudication of violations of sanitation code provisions.

(b) The system shall be operated within an Environmental Safety Hearings Division created within the Department of Administrative Hearings.

(c) For purposes of this section, "sanitation code" shall mean the provisions of Chapters 2-100, 4-4, 4-260, 7-28, 10-8, 10-32,11-4 and section 13-32-235 of the Municipal Code of Chicago; and additionally, any other provisions of the Municipal Code of Chicago pertaining to or regulating: sanitation practices; forestry practices; the attachment of bills or notices to public property; the definition, identification and abatement of public nuisances; and the accumulation, disposal and transportation of garbage, refuse and other forms of solid waste in the city which are administered or enforced by the Department of Streets and Sanitation with the exception of those provisions which by their terms are to be under the exclusive supervision of any department or officer of the city other than the Department of Streets and Sanitation or the commissioner of streets and sanitation.

(d) This subsection deliberately left blank.

(e) If the administrative law officer issues a final determination of liability as to a violation of the sanitation code but finds that the liable party has already begun to correct the violation proved, the administrative law officer may, in his or her discretion, schedule a separate hearing on the imposition of fines or other sanctions for a date no less than 30 days from the date of issuance of the final determination of liability, unless the administrative law officer finds that good cause has been shown that a longer period is necessary. The administrative law officer may order a reinspection of the property to verify code compliance and the extent of any corrective measures prior to hearing on the fines or other sanctions.

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