McCook — Ch. 18 Art. XIV Rental Housing § 18-416

(a) The building commissioner's decision to not issue or renew a landlord license may be appealed by the landlord to the mayor. The landlord shall perfect the appeal by filing exceptions with the village clerk no later than 14 days after the date of the building commissioner's determination. The exceptions shall identify any factual or legal errors with the building commissioner's determination, a short argument in favor of reversal, and a copy of the building commissioner's determination. Any argument or basis for reversal not raised in the exceptions shall be deemed waived on appeal.
(b) The timely filing of exceptions shall stay the building commissioner's determination through the date on which the appeal is decided.
(c) Within 48 hours of the filing of exceptions, the mayor shall send written notice of the appeal to the building commissioner and the landlord. The notice shall include a copy of exceptions as well notification as to the date, time and location for the hearing on the appeal. Notice shall be provided by Certified U.S. Mail, return receipt requested, or by personal service, to the address listed for the landlord.
(d) Landlords shall be permitted but are not required to be represented by an attorney. The building commissioner shall be represented by the village prosecutor. The village attorney shall sit as counsel for the mayor.
(e) A de novo hearing shall take place no sooner than 25 days nor more than 45 days after exceptions are filed with the village clerk. The mayor shall preside over the hearing and base the decision upon the evidence submitted. The formal rules of evidence will not apply at the hearing. All witnesses proposed to testify shall be presented live, sworn in, and subject to direct and cross-examination. The landlord shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.
(f) No continuance will be granted except for the most extenuating circumstances.
(g) A court reporter will be provided on the timely request (no later than 7 days before the scheduled hearing) of the village prosecutor or licensee. The party requesting the court reporter shall be responsible for the costs of their attendance and the reproduction of the transcript to be made a part of the record.
(h) No later than 30 days after the close of the hearing, the mayor shall issue his written decision either affirming or reversing the building commissioner's decision. The written decision shall be mailed to all interested parties by Certified U.S. Mail, return receipt requested. The mayor's decision on appeal shall be final and take effect immediately.