Administrative Hearings while less formal than a state court trial, still follows a basic structure to ensure fairness and due process of law. All testimony is under oath and recorded.
The hearing officer begins by giving opening remarks outlining the hearing process. Since the city initiated the case against you it has to present its evidence before you present a defense. To present its case, the city may: introduce the sworn Notice of Violation of the police officer or city inspector; call witnesses; or offer other evidence such as photographs or other documents.
The city is required to establish what is called a "prima facie case." That simply means that it must set forth the necessary allegations that a code violation may have occurred. The hearing officer reviews the city's case to see if it has alleged all the necessary elements required by law. If the city has not properly alleged its case, the case will be dismissed. If the city has properly alleged a case, the hearing will proceed and you will have the opportunity to present your case.
To present your case, you may, like the city: introduce a sworn affidavit; testify; call witnesses; or offer other evidence such as photographs, receipts or other documents. Let the attorneys at Bradford Miller Law, P.C. appear on your behalf to get the matter settled in a timely manner at a very reasonable rate. We handle these types of cases on a daily basis and can work with the City to get the violations dismissed and/or get you ample time to fix the violations without being fined over and over again.
After both sides have had an opportunity to present their case, the hearing officer will render a decision and written order. The city's burden of proof in these matters is "by a preponderance of the evidence," which means that taking everything into consideration, the hearing officer must believe that "it is more likely than not" that a code violation has occurred.
Dealing with Building Code Violations can be frustrating, time consuming, and expensive. Contact our office as soon as possible if you have been cited by the City of Chicago. Located in downtown Chicago at 134 N. LaSalle, Suite 1040, our firm has been assisting clients with Building Code violations for several years. We are one of the few firms that practice Building Code Violation Law. Contact our office for proper, experienced representation at 312-238-9298 for a FREE 15-minute consultation.
Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law, Estate Planning
Visit www.bradfordmillerlaw.com for helpful information concerning Building Code Violations and information about our firm.
Offering free legal representation to homeowners seeking a short sale.
Key words: Chicago short sale attorney, Chicago landlord tenant law attorney, Chicago estate planning attorney, Chicago real estate attorney, Chicago real estate lawyer, Chicago building code violations, Chicago leases, Chicago Building Code Violation Attorney, Building Code Violation Lawyer, Estate Planning Lawyer, Chicago residential real estate attorney. This is intended to be advertising. Please consult with an attorney before acting on any information given here.
