eLaws | eCases | Illinois Compiled Statutes | Illinois Administrative Code | Illinois Courts | Counties & Cities of Illinois | Code of Federal Regulations | United States Code |
 Wheaton
 Code of Ordinances
 Chapter 26. BUSINESSES
 Article VI. GROUP CARE HOMES

  § 26-174. Appeals.  

Latest version.

  • (a)

    By applicant. If the group care home commission denies a license application, renewal license application, or revokes a group care home license, the applicant may file a written appeal with the city council. The appeal must be filed within 15 days of the applicant's receiving notice from the group care home commission and the city planner that the license has been denied, not renewed, or revoked. The appeal shall be filed with the city manager, who will then forward such appeal to the city council, along with any and all records relating to the action from which the appeal is taken. The city council shall limit its consideration to the record created during the group care home commission license review process. The applicant may continue with group care home activities on the subject property pending final action on the appeal by the city council.

    (b)

    By adjacent property owner. If the group care home commission approves a license application or renews a license application for a group care home license, the owner of any real estate immediately adjacent to, or across the street from, the subject property may appeal the group care home commission's decision to the city council. A written appeal under this subsection must be filed within 15 days of the application being approved. The appeal shall be filed with the city manager, who will then forward such appeal to the city council along with any and all records relating to the action from which the appeal is taken. The city council shall limit its consideration to the record created during the group care home commission license review process. The applicant may continue with group care home activities on the subject property pending final action on the appeal by the city council.

    (c)

    Notice requirements; action by council. Notice of the time and place of the meeting of the city council to consider any appeal under this section shall be given by the city clerk, not more than 30 days or less than 15 days before the meeting, to the owners of the real estate immediately adjacent to, and across the street from, the property on which the group care home is requested or the applicant, whichever the case may be. The city council may, upon the majority vote of the members of the city council qualified to vote, affirm, reverse, wholly or in part, or modify, the action of the group care home commission. The city council shall render a written decision to the applicant of the appeal within 30 days of its meeting authority.

    (d)

    Provisions of state law applicable. Any appeal from, or judicial review of, the decision of the city council pertaining to the issuance, denial, nonrenewal or revocation of the license provided for in this article shall be subject to, and be in accordance with, the Illinois Administrative Procedure Act (5 ILCS 100/1 et seq.), exclusively.

(Code 1968, § 15-169; Code 1996, § 26-174; Ord. No. F-2011, § 4, 5-15-2017)