Health Code violation proceedings are initiated by the City of Chicago Department of Public Health. A Public Health inspector who discovers a food establishment violating a Chicago public health ordinance will issue an Administrative Notice of Ordinance Violation (ANOV). These ANOV cases are heard by the City of Chicago Environmental Safety & Consumer Affairs Hearings Division at 400 West Superior Street, Chicago, Illinois 60654.
At these hearings, an Administrative Law Judge (ALJ) will decide, based on the ANOV, whether the City has met its prima facie case. If the facts as alleged by the ANOV are insufficient to support the food establishment owner’s (“Owner”) liability, or the ANOV is filled out incorrectly, the case will be dismissed. If the ANOV both alleges a sufficient factual basis and is filled out correctly, the Owner will be given a chance to explain and defend his case. Based on the ANOV and the Owner’s presentation, the ALJ will determine whether or not the Owner is liable.
Approaching a Health Code violation hearing with an attorney at your side is advantageous. An attorney will help prepare your evidence before the trial and determine which facts will be most helpful in presenting your case. An attorney familiar with administrative hearings will both ensure your case is presented in the most favorable light and help pinpoint possible flaws in the City’s presentation of its prima facie case. In addition, an attorney can help you avoid common pitfalls inherent in a detail-driven legal system. Thus, an attorney can be of great service in defense of your case.
If you have a Chicago Municipal Code violation, and want to discuss your options and defenses, contact Aaron Fox Law now for professional, high-caliber, legal expertise: email afox@aaronfoxlaw.com, call (312) 224-0028, or fill out and submit the interactive form below. With our representation and handling of your case, you do not even need to come to court. We look forward to representing you.
Most Common Violations
- Spoiled Food
- Improper Temperature
- Water Violation
- Toilet and Handwashing Facilities
- Certified Manager Present
Improper Food Protection (MCC 7-38-005(B)(B-2))
The fine on this ordinance violation ticket is $500. This comes with court costs between $40 and $60, depending on several determining factors.
You should note, that coming into compliance is not a defense for this ticket. However, the City of Chicago can keep on citing you for this violation as long as the violation still exists.
You should consult with an attorney on these matters.
Improper Facility Temperature (MCC 7-38-005(A))
The fine on this ordinance violation ticket is $500. This comes with court costs between $40 and $60, depending on several determining factors.
You should note, that coming into compliance is not a defense for this ticket. However, the City of Chicago can keep on citing you for this violation as long as the violation still exists.
You should consult with an attorney on these matters.
No Safe Hot/Cold Water (MCC 7-38-030)
The fine on this ordinance violation ticket is $500. This comes with court costs between $40 and $60, depending on several determining factors.
You should note, that coming into compliance is not a defense for this ticket. However, the City of Chicago can keep on citing you for this violation as long as the violation still exists.
You should consult with an attorney on these matters.
No Working Toilets Or Handsoap/Handtowels (MCC 7-38-030)
The fine on this ordinance violation ticket is $500. This comes with court costs between $40 and $60, depending on several determining factors.
You should note, that coming into compliance is not a defense for this ticket. However, the City of Chicago can keep on citing you for this violation as long as the violation still exists.
You should consult with an attorney on these matters.
Certified Manager Not Present When Food Prepared/Served (MCC 7-38-012)
The fine on this ordinance violation ticket is $250. This comes with court costs between $40 and $60, depending on several determining factors.
You should note, that coming into compliance is not a defense for this ticket. However, the City of Chicago can keep on citing you for this violation as long as the violation still exists.
You should consult with an attorney on these matters.