McCook — Ch. 18 Art. XIV Rental Housing § 18-417

(a) All landlord licenses are subject to suspension or revocation in whole or in part. The basis for suspension or revocation shall include, but not be limited to: violations of this article or the Property Maintenance Code, the failure to take adequate steps to prevent future violations of this article or the Property Maintenance Code, the failure or refusal to initiate and prosecute eviction proceedings against tenants that violate the "crime-free lease addendum," the failure to pay any fee or fine due and owing to the village in a timely manner, and the falsification of information or documents required to be submitted under this article.
(b) Proceedings to suspend or revoke a crime-free residential license shall be initiated by the village prosecutor. The village prosecutor shall initiate such proceedings by filing written charges with the building commissioner. The building commissioner shall send written notice of the charges to the landlord no later than 48 hours after they are filed. The notice shall include a copy of the charges as well as notification as to the date, time and location for the hearing on the charges. Notice shall be provided by Certified U.S. Mail, return receipt requested, or by personal service, to the home addresses listed for the landlord.
(c) The hearing shall take place no sooner than 25 days nor more than 45 days after charges are filed by the village prosecutor. The building commissioner 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 village prosecutor shall have the burden of proof and shall be required to prove its case by a preponderance of evidence.
(d) A court reporter will be provided on the timely request (no later than 5 business 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.
(e) Licensees shall be permitted but are not required to be represented by an attorney.
(f) No continuance will be granted except for the most extenuating circumstances.
(g) Upon the motion of either party filed no later than ten after charges are issued, a hearing officer may be substituted as the decision-maker if the building commissioner, and not his designee, will be called to testify on disputed factual issues which are relevant to the proceeding.
(h) No later than 30 days after the close of the hearing, the building commissioner shall issue a decision in writing setting forth his findings of fact and legal conclusions. The written decision shall be mailed to all interested parties by Certified U.S. Mail, return receipt requested.
(i) Either party to the proceeding may appeal the building commissioner's ruling to the mayor.
(j) The building commissioner's decision shall be final and take immediate effect 14 days after it is issued assuming no appeal is taken.
(k) Nothing herein shall prevent the immediate suspension/revocation of a landlord license by the building commissioner as circumstances dictate. Under such circumstances, post-deprivation proceedings shall be afforded to the landlord and shall be initiated by the village prosecutor. A hearing officer shall automatically preside over a post-suspension/revocation hearing concerning the propriety of the immediate suspension/revocation of a crime-free residential rental license by the building commissioner. All other procedural requirements of this section shall apply.