SB0751 EnrolledLRB100 07341 AWJ 17404 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-43035 as follows:
 
6    (55 ILCS 5/5-43035)
7    Sec. 5-43035. Enforcement of judgment.
8    (a) Any non-real property tax, fee, fine, other sanction,
9or costs imposed, or part of any non-real property tax, fee,
10fine, other sanction, or costs imposed, remaining unpaid after
11the exhaustion of or the failure to exhaust judicial review
12procedures under the Illinois Administrative Review Law are a
13debt due and owing the county for a violation of a county
14ordinance, or the participating unit of local government for a
15violation of a participating unit of local government's
16ordinance, and may be collected in accordance with applicable
17law.
18    (b) After expiration of the period in which judicial review
19under the Illinois Administrative Review Law may be sought for
20a final determination of a code violation, unless stayed by a
21court of competent jurisdiction, the findings, decision, and
22order of the hearing officer may be enforced in the same manner
23as a judgment entered by a court of competent jurisdiction.

 

 

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1    (c) In any case in which a defendant has failed to comply
2with a judgment ordering a defendant to correct a code
3violation or imposing any non-real property tax, fee, fine, or
4other sanction as a result of a code violation, any expenses
5incurred by a county for a violation of a county ordinance, or
6the participating unit of local government for a violation of a
7participating unit of local government's ordinance, to enforce
8the judgment, including, but not limited to, attorney's fees,
9court costs, and costs related to property demolition or
10foreclosure, after they are fixed by a court of competent
11jurisdiction or a hearing officer, shall be a debt due and
12owing the county for a violation of a county ordinance, or the
13participating unit of local government for a violation of a
14participating unit of local government's ordinance, and the
15findings, decision, and order of the hearing officer may be
16enforced in the same manner as a judgment entered by a court.
17Prior to any expenses being fixed by a hearing officer pursuant
18to this subsection (c), the county for a violation of a county
19ordinance, or the participating unit of local government for a
20violation of a participating unit of local government's
21ordinance, shall provide notice to the defendant that states
22that the defendant shall appear at a hearing before the
23administrative hearing officer to determine whether the
24defendant has failed to comply with the judgment. The notice
25shall set the date for the hearing, which shall not be less
26than 7 days after the date that notice is served. If notice is

 

 

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1served by mail, the 7-day period shall begin to run on the date
2that the notice was deposited in the mail.
3    (c-5) A default in the payment of a non-real property tax,
4fee, fine, or penalty or any installment of a non-real property
5tax, fee, fine, or penalty may be collected by any means
6authorized for the collection of monetary judgments. The
7State's Attorney state's attorney of the county in which the
8non-real property tax, fee, fine, or penalty was imposed may
9retain attorneys and private collection agents for the purpose
10of collecting any default in payment of any non-real property
11tax, fee, fine, or penalty or installment of that non-real
12property tax, fee, fine, or penalty. Any fees or costs incurred
13by the county or participating unit of local government with
14respect to attorneys or private collection agents retained by
15the State's Attorney state's attorney under this Section shall
16be charged to the offender.
17    (d) Upon being recorded in the manner required by Article
18XII of the Code of Civil Procedure or by the Uniform Commercial
19Code, a lien shall be imposed on the real estate or personal
20estate, or both, of the defendant in the amount of any debt due
21and owing the county for a violation of a county ordinance, or
22the participating unit of local government for a violation of a
23participating unit of local government's ordinance, under this
24Section. The lien may be enforced in the same manner as a
25judgment lien pursuant to a judgment of a court of competent
26jurisdiction.

 

 

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1    (e) A hearing officer may set aside any judgment entered by
2default and set a new hearing date, upon a petition filed
3within 21 days after the issuance of the order of default, if
4the hearing officer determines that the petitioner's failure to
5appear at the hearing was for good cause or at any time if the
6petitioner establishes that the county for a violation of a
7county ordinance, or the participating unit of local government
8for a violation of a participating unit of local government's
9ordinance, did not provide proper service of process. If any
10judgment is set aside pursuant to this subsection (e), the
11hearing officer shall have authority to enter an order
12extinguishing any lien that has been recorded for any debt due
13and owing the county for a violation of a county ordinance, or
14the participating unit of local government for a violation of a
15participating unit of local government's ordinance, as a result
16of the vacated default judgment.
17(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754,
18eff. 1-1-17; revised 9-21-16.)