Case Was Properly Dismissed Where Appeal Not Served on City
In Crane v. City of Rockford, an Illinois Appellate Court upheld the dismissal of an appeal of an administrative hearing officer's issuance of fines for building code violations where the property owner did not comply with the service requirements of state law.
A municipal administrative hearing officer found a property owner in violation of various building code provisions and assessed a fine of $64,000. The property owner filed an appeal with the circuit court within the statutory 35 day period but failed to properly serve the City and other defendants as required by section 3-103 of the Administrative Review Law. The City filed a motion to dismiss the case based on noncompliance with the service requirements of state law, and the circuit court and Appellate Courts ruled in favor of the City, finding that section 3-103 was mandatory, and both the filing of the appeal and "issuance of summons" on the defendants has to be accomplished within 35 days of the date the administrative decision is served. Here, although the owner had filed an affidavit with the filed complaint identifying the hearing officer and mayor as defendants to be served, he failed to pay the fee for certified mailing of the summonses, so they were not issued. As a result, his appeal of the $64,000 fine was properly dismissed.
0 comments:
Post a Comment