Title 15 BUILDINGS AND CONSTRUCTION
Chapter 15.40 HOUSING STANDARDS
15.40.524 Board decisions.
A. Every decision of the board of trustees shall be made at a
public meeting. Every decision of the board of trustees shall be made within a
reasonable time from the date of the conclusion of the presentation of materials
and evidence relating to the appeal, but in any event, not later than twenty
days after the conclusion of the proceedings.
B. Every decision of the board of trustees shall be in
writing and shall be promptly filed in the office of the village building
inspections department. A copy of the decision shall be sent by mail or
otherwise to the appellant.
C. It is the responsibility of the board of trustees to make
fact findings and to review the findings of the director of inspections and
other officials, provided that fact findings of the village director of
inspections shall be presumed to be correct until rebutted by a clear
preponderance of the evidence to the contrary.
D. The board of trustees may extend any time allowance
provided in this chapter or as established by the director of inspections. The
board of trustees may grant a variance from the provisions of this chapter upon
an owner, renter or lessee, upon presentation of evidence of substantial
economic hardship in cases where property and the health and safety of persons
are not endangered by physical injury or damage, and where enforcement of the
code provision, in the circumstances supported by evidence would constitute a
confiscation of property without compensation contrary to the Constitution of
the United States of America and of the State of Illinois. The board of trustees
may not waive a violation, they may only vary the time of compliance.
E. A decision of the board of trustees to extend any time
allowance provided in this chapter and/or to grant a variance from provisions of
this chapter, or to modify an order of the village inspector, shall specify in
what manner such extension, variation, or modification is made, the conditions
upon which it is made, and the reasons therefor.
F. The board of trustees shall reverse the decision of the
director of inspections of the village’s building inspections department
when the board determines that the true intent of the code or the rules legally
adopted thereunder have been incorrectly interpreted or the provisions of this
chapter does not fully apply.
G. If a decision of the board of trustees reverses the order
of the director of inspections, he/she shall take action immediately in
accordance with the decision of the board of trustees. No matter heard by the
board of trustees and upon which a decision has been rendered once shall be
again reviewed by the board of trustees. (Ord. 1977-14 § 16-5,
1977)