Public Act 096-1157
 
HB5972 EnrolledLRB096 19979 RLJ 35460 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by changing Section 
5-41020 and adding Section 5-41012 as follows:
 
    (55 ILCS 5/5-41012 new)
    Sec. 5-41012. Fine schedule. The county board of any  county 
that establishes a code hearing unit pursuant to this Division 
5-41 may, by ordinance, establish a fine schedule for code 
violations. The fine schedule must include (i) a determinate 
fine for each code violation that may be voluntarily paid by a 
respondent prior to his or her hearing date and (ii) the fine 
that may otherwise be imposed for each code violation. The 
amount of each fine must be based upon the nature of the 
offense and the number of previous code violations a respondent 
was convicted of committing for the same or a related offense.
 
    (55 ILCS 5/5-41020)

    Sec. 5-41020. Instituting proceedings.

    (a) When a code enforcement officer observes a
code 
violation,
the officer
shall note or, in the case of an animal 
control violation, the code enforcement
officer may respond to 
the filing of a formal complaint by noting the violation
on a 
violation notice and report
form, indicating
the following:
the 
name and address of the respondent, if known; the name,

address, and state vehicle registration number of the waste 
hauler who
deposited
the waste, if applicable; the type and 
nature of the violation; the date and
time the violation was 
observed; the names of witnesses to the violation; and
the 
address of the location or property where the violation is 
observed.


    (b) The violation notice and report form shall contain a 
file number,
 and a hearing date, and, if approved by the county 
board by ordinance, the amount of any fine that may be imposed 
pursuant to an approved schedule of fines noted by the code 
enforcement officer in the blank spaces
provided for that 
purpose on the form.  The violation notice and report form shall 
state that the respondent does not need to appear at the 
hearing on the date indicated on the form if the respondent 
pays the determinate fine in the amount set forth in the 
county's approved fine schedule for the code violation. The 
respondent must pay the determinate fine at least 5 days before 
the hearing date indicated on the violation notice and report 
form. The violation notice and report shall
state that if the 
respondent does not voluntarily pay the determinate fine in 
accordance with the schedule of fines or fails failure to 
appear at the hearing, if required, on the date indicated, then 
the failure to pay or appear, if required, may result in
a 
determination of liability for the cited violation and the 
imposition of
fines and assessment of costs as provided by the 
applicable county ordinance.
The violation notice and report 
shall also state that upon a determination of
liability and the 
exhaustion
of
or failure to exhaust procedures for judicial

review, any unpaid fines or costs imposed will constitute a 
debt due and owed
to the county.


    (c) A copy of the violation notice and report form shall be 
served on
the respondent either personally or by first class 
mail, postage prepaid,
sent to the address of the respondent.  
If the name of the respondent property
owner cannot be 
ascertained or if service on the respondent cannot be made by

mail, service may be made on the respondent property owner by 
posting,
not less than 20 days before the hearing is
scheduled,

a copy of
the violation notice and report form in a prominent 
place on the property
where the violation is found.
If the 
violation notice and report form requires the
respondent
to 
answer within a certain amount of time, the
county must reply 
to the answer within the same amount of time afforded to
the

respondent.


    (d) In lieu of a personal appearance at the hearing, a 
county board may provide for the voluntary payment of a 
determinate fine in accordance with a schedule of fines 
approved by ordinance and as provided in this Division 5-41.

(Source: P.A. 94-616, eff. 1-1-06.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.