DuPage cracking down on building code scofflaws

A new procedure to speed up dealing with building code scofflaws has been approved by the DuPage County Board.

Instead taking noncompliant property owners to court, special building code violation hearings will be held. Board members said Tuesday the change was necessary because getting a legal resolution through the court system can often take months or even years.

"It's not fair to wait that long for a resolution to the property owners or neighbors affected by the noncompliant property," said board member Jeff Redick who championed the new law.

Currently, property owners are notified they are out of compliance with county zoning regulations following an investigation. The owners are slapped with what is referred to as a "red tag" if the property is not brought into compliance within 14 days. Then the case is handed over to DuPage County State's Attorney Joe Birkett's office to determine whether to proceed in court or try to work out a compromise, county officials said. In 2008 and 2009, 117 property owners were taken to court by the county.

State law allows for the new process. Under the new law, a county-appointed hearing officer will preside over the case after a property owner has been red-tagged. The hearing date will be set shortly after that. A county zoning department employee will argue the county's case and the property owner can choose to defend themselves or hire a lawyer, Redick said. The hearing officer's decision is binding, but property owners found guilty can appeal to the court. The county cannot appeal a decision that doesn't go in its favor, Redick said.

Birkett's office helped draft the ordinance that created the new hearing process, but the state's attorney said it wasn't at his behest.

"It is not a great burden on us to handle county ordinance issues," Birkett said. "I've never complained about it and my assistants haven't complained about it."

Paul Hoss, the county's zoning coordinator, said cases will "increase dramatically" because it cuts out many of the steps that it takes for a case to get to court currently.

"It's a tool for us to gain compliance and gain compliance more quickly," he said.

Resident Tom Sutton was skeptical of the new process.

"It will only simplify the collection of fines and fees, and increase the amounts collected from our citizens," he said.

But Redick disagrees.

"If you believe you are wrongfully accused of something, you're expediting the process and getting a resolution in short order," he said.

Birkett said his office would be monitoring the new process to make sure it was operating properly.

"When you take the eyes of the state's attorney's office out of it there's always concerns," he said. "But I have great faith in our county government."

The new process comes on the heels of residents near West Chicago complaining about a house being illegally used as a Muslim worship center despite the owners receiving a red tag several months ago. It's the latest county ordinance change related to places of worship. The county zoning board of appeals is meeting today to discuss an ordinance change that would prevent religious facilities and other places of assembly in residentially zoned areas.