Fairview Heights, IL Code of Ordinances Art. XI Residential Rental License §§ 8-11-1 – 8-11-11 § 8-11-10
Appeals of License Suspension or Revocation
Operative Text
(A) Any Owner may appeal to the Hearing Officer of the City a suspension,
revocation, or denial of a Residential Rental License by the Chief of Police. Appeal to the Hearing Officer
shall be made within fifteen (15) days of the suspension, revocation, or denial complained of by filing
with both the Hearing Officer and the Police Chief a written notice of appeal, specifying the grounds
thereof.
(B) Any such appeal shall be based solely upon and shall state a claim that: (i) the
true intent of this Article or the rules or regulations adopted pursuant thereto have been incorrectly
interpreted, (ii) the provisions of this Article do not apply, or (iii) criminal violations sufficient to allow for
evictions under the Crime-Free Lease Addendum were not established with the requisite standard of
proof.
(C) A non-refundable fee of Fifty Dollars ($50.00) shall be paid at the time of
filing of any appeal as otherwise established for appeals to the Hearing Officer.
(D) Upon receiving a timely-filed notice of appeal, the Chief of Police shall transmit to
the Hearing Officer all papers constituting the record upon which the suspension, revocation, or denial
was taken.
(E) An appeal shall stay any suspension of revocation appealed from, unless the
Chief of Police certifies to the Hearing Officer after the notice of appeal has been filed that by reason of
facts stated in the certificate, the stay would, in his opinion, cause eminent peril to life, property, or
public safety, in which case the suspension or revocation shall not be stayed otherwise than by a
restraining order which may be granted by the Hearing Officer or by a Court of Record on application, or
notice to the Police Chief and on due cause shown.
(F) The Hearing Officer shall act upon any appeal hereunder within thirty (30)
days of receiving a timely-filed notice of appeal by conducting a hearing upon such appeal, except such
hearing may be extended to a later date upon application to the Hearing Officer for cause. The hearing
shall be conducted according to the following procedures:
(1) Hearings conducted by the Hearing Officer shall be open to the public,
held at the call of the Hearing Officer and at such times as he or she
may determine. Any interested person may appear in person or by duly
authorized agent or attorney. All testimony before the Hearing Officer
shall be given under oath. The Hearing Officer shall administer oaths
and may compel attendance of witnesses. The Hearing Officer shall
keep minutes of his or her proceedings and other official actions. The
Hearing Officer shall adopt his or her own rules and procedures, not in
conflict with this Article or applicable Illinois statutes.
(2) The Hearing Officer may reverse or affirm wholly or partly, or may
modify or amend the suspension, revocation, or denial appealed from to
the extent and in the manner that the Hearing Officer determines is
necessary to conform with the intent and requirements of this Article.
Unless otherwise required by law, no challenge to any decision subject to
this Section shall filed in any court until or unless a timely appeal has
been filed and prosecuted to completion by the Owner as provided for in
this Section so as to establish a final appealable decision.
(3) Every decision by the Hearing Officer on an appeal hereunder shall be
accompanied by findings of facts and shall refer to any exhibits
presented at the hearing upon which the Hearing Officer’s decision is
based. Such exhibits shall remain a part of the permanent records of the
Hearing Officer. The findings of fact shall specify the reason or reasons
for Hearing Officer’s decision. The terms of the relief granted shall be
specifically set forth in a conclusion or statement separate from the
findings of fact. Every decision or determination of the Hearing Officer
shall immediately be filed with the Chief of Police and the City Clerk and
shall be a public record and thereupon shall be a final decision of the
City.Under Fairview Heights, IL Code of Ordinances § 8-11-10, a property owner whose Residential Rental License has been suspended, revoked, or denied by the Chief of Police has the right to appeal that decision to the City's Hearing Officer. The appeal must be filed in writing within 15 days, accompanied by a $50 non-refundable fee, and must be grounded in one of three specific legal claims — misinterpretation of the ordinance, inapplicability of the ordinance, or insufficient proof of criminal violations. Filing a timely appeal generally stays (pauses) the suspension or revocation unless the Chief of Police certifies an imminent public safety risk. The Hearing Officer must hold a public hearing within 30 days and issue a written decision with findings of fact, which becomes the City's final administrative decision.
Plain English — not legal advice.
Operators subject to a license suspension, revocation, or denial under § 8-11-10 of the Fairview Heights Residential Rental License ordinance generally act promptly, as the appeal window is only 15 days from the date of the adverse action. A compliant operator files a written notice of appeal with both the Hearing Officer and the Chief of Police, clearly stating one of the three permissible grounds, and submits the $50 non-refundable filing fee at the same time. Because § 8-11-10(F)(2) requires that administrative appeals be pursued to completion before any court challenge is filed, operators typically exhaust this process fully before seeking judicial review.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in a property whose Residential Rental License is under appeal pursuant to § 8-11-10 should be aware that a timely-filed appeal by the owner generally stays the suspension or revocation, meaning the license remains in effect during the appeal process unless a public safety exception applies. The Hearing Officer's proceedings are open to the public, and any interested person may appear at the hearing in person or through a representative. Tenants who have concerns about how this process affects their housing situation may wish to contact a local tenant-rights organization or consult with a housing attorney familiar with Fairview Heights ordinances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API