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An Ordinance Amending Chapter 29 (“Administrative Adjudication”) Article 1 (“Administrative Adjudication System”), Section 29-1-9 (“Scope of Authority of Administrative Law Judges”) of the Oak Park Village Code to Allow for Remedial Relief and Recovery of Costs Thereof
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Introduction
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On August 15, 2025, Governor Pritzker signed House Bill 1842 into law, amending the Municipal Code, broadening the authority of Administrative Law Judges within a municipal system of administrative adjudication to order remedial relief in order to cure violations without having to resort to filing suit in Circuit Court. This Amendment codifies that power for Village Administrative Law Judges.
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Recommended Action
Adopt the Proposed Amendment.
Prior Board Action
In 2020, the Board authorized the Administrative Law Judges to conduct remote hearings by amending Chapter 29-1-9 (Ord. 20-171).
Background
The Law Department and the Adjudication Department have examined House Bill 1842, and consulted with the likely affected Departments, Neighborhood Services, Development Services, Fire, and Health about the need for the Village’s independent administrative law judges (“ALJs”) to have the authority afforded by the Municipal Code if adopted. Each affected Department has developed criteria for when to elect to pursue such authority in a given case, and the Law Department must sign off on such a request before such a case is heard by an ALJ. The Law Department intends to staff such cases when the Village has elected to pursue remedial relief.
Such instances may include where fines alone have not resulted in compliance, absentee property owners, severe pest control issues, animal hoarding, significant unresolved life-safety violations, unresolved fire life safety violations, abandoned properties, and blighted sites.
Timing Considerations
There are no specific timing considerations associated with this item.
Financial Impact
This amendment will result in the ability to recover the costs of when the Village undertakes remedial relief without having to go to Circuit Court, which may result in additional revenue capture on administrative violations and may offset costs of instances where life-safety hazards must be remediated by the Village.
Operations Impact
The proposed amendment may result in a slight expansion of caseload for the Village’s Administrative Adjudication System. The Law Department will be tasked with reviewing cases where remedial relief is sought before they are brought, and will be expected to staff those cases during the Administrative Adjudication court call. Adoption may also increase the number of Circuit Court appeals defended by the Village’s Law Department, where remedial relief is ordered by an ALJ.
DEI Impact
There is no DEI impact associated with this item.
Community Input
There has been no community input given in relation to this item.
Staff Recommendation
Advantages:
• This action can result in the swifter resolution of problem properties.
• Enhanced enforcement can be used where monetary fines are ineffective.
• Streamlines the process for remediating problem properties without having to go to Circuit Court.
Disadvantages:
• Recalcitrant property owners may be resistant to Village efforts to undertake remedial relief.
• Problem property owners may not be able to pay for the remediation, resulting in Village liens against those properties.
Alternatives
Alternative 1:
The Board can decline to adopt the ordinance
Advantages:
• There are no advantages to this option
Disadvantages:
• Blighted properties may persist given the delays in enforcement through the Circuit Court
• Delays in remediating significant life safety violations
• Additional cost in staff time and resources can occur when bringing cases to the Circuit Court, rather than administratively.
Anticipated Future Actions
There are no anticipated future actions in relation to this item.
Prepared By: Tony S. Fioretti, Assistant Village Attorney
Reviewed By: Greg T. Smith, Village Attorney
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Ordinance