Category: Department of Administrative Hearings

How to Appeal an Administrative Ruling from the City of Chicago Department of Administrative Hearings

The prosecution of ordinance violations can take place at the City of Chicago Department of Administrative Hearings (DOAH), located at 400 W. Superior.  DOAH acts as a ‘quasi-judicial body.’  Cases are heard by licensed attorneys, paid for and contracted with the City of Chicago, and commonly referred to as Administrative Law Judges (or ALJs).  These cases are typically shorter than other litigation, often times, one hearing.  The result can be anywhere from a dismissal of the charges to a substantial fine. Read More Here.

If you failed to appear and present your case to the ALJ, a default judgment may have been entered against you, and your first option may be to file a motion to set-aside the default motion.  This motion generally must be filed within 21 days of the mailing date stamped on top of the default judgment order (the time limit may not apply under certain circumstances).  The motion should be filed in person at 400 W. Superior, and you must appear or have an attorney appear on the date the motion is scheduled.   

If you did appear and contest the charges against you, and a judgment that was entered that was not in conformity of the law, or the ALJ didn’t consider the requisite facts, you may want to appeal the decision.

You do have a right to appeal the decision of the ALJ to a Circuit Judge.   Pursuant to 735 ILCS 5/3-104, jurisdiction to review final administrative decisions is vested in the Circuit Courts.  Unlike ALJs, the Circuit Court is made up of full-time judges, elected or appointed, who are not paid by the City of Chicago. 

The process for appealing and Administrative Law Decision

After your hearing at the DOAH, you will likely be given a copy of the “Findings, Decisions & Order”.    Pursuant to 735 ILCS 5/3-103 “Every action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision…”  So if you are given a copy of the final determination of the ALJ, this would be the start of the 35 day time limit to file your appeal.  If you fail to attend the hearing or otherwise do not receive a copy of the final order from the ALJ, the 35 day period will start when the Findings, Decisions & Order is mailed.

To file an Administrative Appeal, you must file a Complaint for Illinois Administrative Review with the Clerk of the Circuit Court of Cook County, with the Findings, Decisions & Order attached, as well as a summons, and an administrative review cover sheet.  These filings can be made using the forms provided by the Clerk of the Circuit Court of Cook County. 

There is a fee for filing your appeal, and the appeal can be filed in room 602 of the Richard J. Daley Center, 50 W Washington St., Chicago, IL, or electronically.  When the Complaint is filed a court date will be given, typically at least a few weeks in the future.   

The summons is the form notifying the City and the Specific City Department(s) that an administrative review has been filed and the date of the first hearing.   You must mail a copy of the Summons, Complaint and Cover Sheet to each applicable City Department, as well as the City of Chicago Department of Law and the City of Chicago Department of Administrative Hearings.  

At the first court date, the Judge will call your case.  The City will appear and request time to respond to your complaint.  The City will likely be granted time to file its answer to your complaint, or “the record”, which includes a transcript of your administrative hearing and all the evidence used by the City in prosecuting your case.   The Judge will permit you time to file what’s called “Specification of Errors” form.  The “Specification of Errors” is the reasons and your argument as to why the Administrative Hearing Officer (ALJ) was wrong.  The Judge will set the next court date and time. 

The Specification of Errors will need to be filed after your receive the City’s answer.  You will need to mail a copy of the Specification of Errors to the City, as well as file a copy with the Court. 

The next Court date, the judge (who may be a different judge than the one on your first court date) will permit both you and the City to present your arguments.     The Judge will make a ruling on this date. 

*Christian is an Illinois lawyer who assists property owners facing ordinance violations home owners (or future home owners) with real estate transactions, and small businesses. Call (773-706-7514) or email (christian@attorneyblume.com).

Christian Francis BlumeReviewsout of 5 reviews

This blog and any materials available at this web site are for informational purposes and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between the Law Office Of Christian Blume, LLC or Christian Blume and the user or browser.

Chicago Code Violations: How to Navigate the Administrative Hearing Process

Chicago Municipal Code Violations often times carry a potential fine. Know the process, know your rights!

Much like the federal government or state governments, local municipalities in Illinois are permitted to enact and enforce laws. In Chicago these laws are codified in the Chicago Municipal Code, and prescribe: building codes, business licensing, taxing authority, and many more.

While many of these laws are related to “public health, safety, welfare, morals and quality of life of the residents of the City of Chicago”, a violation may result in costly fines. Furthermore, as in the case of building code violations, or violations relating to the care of property, if those fines go unpaid, they may result in a lien against the real property.

For example, the current fine for not cutting or controlling weeds to the required length (§ 7-28-120) can range from $600 to $1,200. Each day the violation exists is a separate offense, which means that the fine can be multiplied by the number of days, and could potentially grow to an even larger amount, much like rapidly growing lawn weeds.

Does the City of Chicago always seek the maximum fine permitted by law? No, but the City could-and would-be within its legal right to do so.

Let’s say you have a neighbor that notices out of control weeds growing on your front lawn, and that person decides to report this alleged violation by dialing 311. The Department of Streets and Sanitation can send out an inspector to make a determination if a violation exists. If there is an alleged violation observed, the violation can be referred to the the City’s Corporation Counsel to prosecute and enforce the Chicago Municipal Code.

The prosecution of the ordinance violation(s), in many cases, is filed at the Chicago Department of Administrative Hearings (DOAH), a ‘quasi-judicial body’, and heard before an Administrative Law Judge (ALJ). ALJs are licensed attorneys, contracted to hear Administrative cases; they are not elected judges.

The rules for prosecuting Administrative Law cases are not as stringent as those in Circuit Court or Federal Court. One difference is that the City need not obtain personal jurisdiction over the individual or business being sued. In most civil cases, personal jurisdiction can be obtained through service of process, whereby the Sheriff or a special process server physically delivers a copy of the summons and complaint to the individual or entity being sued. When the City prosecutes an ordinance violation through the DOAH, it can serve the notice of the violation and hearing by regular mail.

On the date of the hearing, you (or your attorney) will likely file your appearance a-one-page form with your case information and contact info. Typically you (or your attorney) will meet with the Assistant Corporation Counsel (City Attorney), that will be prosecuting your case. During this meeting the City may request that you agree to an order to be entered on that day. Critically, you do not have to agree to the order being requested by the City and you have the right to be represented by your own lawyer at this meeting.

Depending on the nature of the case and what the City is seeking, your first hearing may be the last, and the case may conclude on that date. However, in instances where corrective action is sought, such as building code violations, there may be a return date, or dates, to ensure that the corrective action was taken. The case is called by the ALJ, and if an agreement was reached with the City Attorney, the ALJ will likely enter that order. If no agreement is reached, a hearing will likely be conducted by the ALJ, in which both the City and you will have the opportunity to present evidence, and argue the case. The ALJ will ultimately make a determination as to whether a violation existed and enter a judgement. If the judgment is not entered in your favor, you will have an opportunity to appeal that decision to the Circuit Court, but there are time constraints and specific requirements for filing an appeal.

What happens if you miss the notice by mail, and do not attend the hearing? Likely a default judgment will be entered against you, and the notice of the default judgment will be mailed. Does that mean you have to pay that amount? Not necessarily, you (or your attorney) can file a motion to set-aside the judgment, but there is a time limit to file this motion, in order for it to be considered timely.

Christian Francis BlumeReviewsout of 5 reviews

This blog and any materials available at this web site are for informational purposes and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between the Law Office Of Christian Blume, LLC or Christian Blume and the user or browser.