Public Act 099-0018
 
SB0086 EnrolledLRB099 03636 AWJ 23644 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 
5-43035 as follows:
 
    (55 ILCS 5/5-43035)
    Sec. 5-43035. Enforcement of judgment.
    (a) Any fine, other sanction, or costs imposed, or part of 
any fine, other sanction, or costs imposed, remaining unpaid 
after the exhaustion of or the failure to exhaust judicial 
review procedures under the Illinois Administrative Review Law  
are a debt due and owing the county and may be collected in 
accordance with applicable law.
    (b) After expiration of the period in which judicial review 
under the Illinois Administrative Review Law may be sought for 
a final determination of a code violation, unless stayed by a 
court of competent jurisdiction, the findings, decision, and 
order of the hearing officer may be enforced in the same manner 
as a judgment entered by a court of competent jurisdiction.
    (c) In any case in which a defendant has failed to comply 
with a judgment ordering a defendant to correct a code 
violation or imposing any fine or other sanction as a result of 
a code violation, any expenses incurred by a county to enforce 
the judgment, including, but not limited to, attorney's fees, 
court costs, and costs related to property demolition or 
foreclosure, after they are fixed by a court of competent 
jurisdiction or a hearing officer, shall be a debt due and 
owing the county and may be collected in accordance with 
applicable law. Prior to any expenses being fixed by a hearing 
officer pursuant to this subsection (c), the county shall 
provide notice to the defendant that states that the defendant 
shall appear at a hearing before the administrative hearing 
officer to determine whether the defendant has failed to comply 
with the judgment. The notice shall set the date for the  
hearing, which shall not be less than 7 days after  the date 
that notice is served. If notice is served by mail, the 7-day 
period shall begin to run on the date that the notice was 
deposited in the mail.
    (c-5) A default in the payment of a fine or penalty or any 
installment of a fine or penalty may be collected by any means 
authorized for the collection of monetary judgments. The 
state's attorney of the county in which the fine or penalty was 
imposed may retain attorneys and private collection agents for 
the purpose of collecting any default in payment of any fine or 
penalty or installment of that fine or penalty. Any fees or 
costs incurred by the county with respect to attorneys or 
private collection agents retained by the state's attorney 
under this Section shall be charged to the offender. 
    (d) Upon being recorded in the manner required by Article 
XII of the Code of Civil Procedure or by the Uniform Commercial 
Code, a lien shall be imposed on the real estate or personal 
estate, or both, of the defendant in the amount of any debt due 
and owing the county under this Section. The lien may be 
enforced in the same manner as a judgment lien pursuant to a 
judgment of a court of competent jurisdiction.
    (e) A hearing officer may set aside any judgment entered by 
default and set a new hearing date, upon a petition filed 
within 21 days after the issuance of the order of default, if 
the hearing officer determines that the petitioner's failure to 
appear at the hearing was for good cause or at any time if the 
petitioner establishes that the county did not provide proper 
service of process. If any judgment is set aside pursuant to 
this subsection (e), the hearing officer shall have authority 
to enter an order extinguishing any lien that  has been recorded 
for any debt due and owing the county as a result of the 
vacated default judgment.

(Source: P.A. 96-1386, eff. 7-29-10.)