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HB0655 Engrossed |
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LRB094 04104 MKM 34124 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing
Section |
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| 5-41020 as follows:
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| (55 ILCS 5/5-41020)
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| Sec. 5-41020. Instituting proceedings.
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| (a) When a code enforcement officer observes a
code |
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| violation,
the officer
shall note or, in the case of an animal |
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| control violation, the code enforcement
officer may respond to |
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| the filing of a formal complaint by noting the violation
on a |
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| violation notice and report
form, indicating
the following:
the |
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| name and address of the respondent, if known; the name,
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| address, and state vehicle registration number of the waste |
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| hauler who
deposited
the waste, if applicable; the type and |
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| nature of the violation; the date and
time the violation was |
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| observed; the names of witnesses to the violation; and
the |
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| address of the location or property where the violation is |
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| observed.
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| (b) The violation notice and report form shall contain a |
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| file number
and a hearing date noted by the code enforcement |
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| officer in the blank spaces
provided for that purpose on the |
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| form. The violation notice and report shall
state that failure |
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| to appear at the hearing on the date indicated may result in
a |
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| determination of liability for the cited violation and the |
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| imposition of
fines and assessment of costs as provided by the |
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| applicable county ordinance.
The violation notice and report |
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| shall also state that upon a determination of
liability and the |
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| exhaustion
of
or failure to exhaust procedures for judicial
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| review, any unpaid fines or costs imposed will constitute a |
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| debt due and owed
to the county.
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| (c) A copy of the violation notice and report form shall be |
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HB0655 Engrossed |
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LRB094 04104 MKM 34124 b |
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| served on
the respondent either personally or by first class |
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| mail, postage prepaid,
sent to the address of the respondent. |
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| If the name of the respondent property
owner cannot be |
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| ascertained or if service on the respondent cannot be made by
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| mail, service may be made on the respondent property owner by |
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| posting,
not less than 20 days before the hearing is
scheduled,
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| a copy of
the violation notice and report form in a prominent |
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| place on the property
where the violation is found.
If the |
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| violation notice and report form requires the
respondent
to |
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| answer within a certain amount of time, the
county must reply |
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| to the answer within the same amount of time afforded to
the
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| respondent.
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| (Source: P.A. 90-517, eff. 8-22-97.)
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| Section 10. The Illinois Municipal Code is amended by |
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| changing
Sections 1-2.1-5 and 1-2.2-20 as follows:
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| (65 ILCS 5/1-2.1-5)
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| Sec. 1-2.1-5. Administrative hearing proceedings.
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| (a) Any ordinance establishing a system of administrative |
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| adjudication,
pursuant to this Division, shall afford parties |
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| due process of law, including
notice and opportunity for |
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| hearing. Parties shall be served with process in a
manner |
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| reasonably calculated to give them actual notice, including, as
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| appropriate, personal service of process upon a party or its |
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| employees or
agents;
service by mail at a party's address; or |
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| notice that is posted upon the
property where the violation is |
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| found when the party is the owner or manager of
the property.
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| In municipalities with a population under 3,000,000, if the |
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| notice requires the respondent to answer within
a
certain |
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| amount of time, the municipality must
reply to the answer |
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| within the same amount of time afforded to the
respondent.
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| (b) Parties shall be given notice of an adjudicatory |
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| hearing which includes
the type and nature of the code |
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| violation to be adjudicated, the date and
location of the |
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| adjudicatory hearing, the legal authority and jurisdiction
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HB0655 Engrossed |
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LRB094 04104 MKM 34124 b |
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| under which the hearing is to be held, and the penalties for |
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| failure to appear
at the hearing.
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| (c) Parties shall be provided with an opportunity for a |
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| hearing during which
they may be represented by counsel, |
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| present witnesses, and cross-examine
opposing witnesses. |
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| Parties may request the hearing officer to issue subpoenas
to |
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| direct the attendance and testimony of relevant witnesses and |
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| the production
of relevant documents. Hearings shall be |
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| scheduled with reasonable promptness,
provided that for |
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| hearings scheduled in all non-emergency situations, if
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| requested
by the defendant, the defendant shall have at least |
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| 15
days after service of process to prepare for a hearing.
For |
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| purposes of this subsection (c), "non-emergency situation" |
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| means any
situation that does not reasonably constitute a |
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| threat to the public
interest, safety, or welfare. If service |
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| is provided by mail, the 15-day
period shall begin to run on |
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| the day that the notice is deposited in the
mail.
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| (Source: P.A. 90-516, eff. 1-1-98.)
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| (65 ILCS 5/1-2.2-20)
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| Sec. 1-2.2-20. Instituting code hearing proceedings. When |
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| a police
officer or other individual
authorized to issue a code |
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| violation finds a code violation to exist, he or
she
shall note |
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| the violation on a
multiple copy violation notice and report |
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| form that indicates (i) the name and
address
of the defendant, |
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| (ii) the
type and nature of the violation, (iii) the date and |
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| time the violation was
observed,
and (iv) the names of
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| witnesses to the violation.
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| The violation report form shall be forwarded to the code |
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| hearing department
where a docket
number shall be stamped on |
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| all copies of the report and a hearing date shall be
noted
in |
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| the blank spaces
provided for that purpose on the form. The |
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| hearing date shall not be less than
30 nor more than 40
days |
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| after the violation is reported.
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| One copy of the violation report form shall be maintained |
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| in the files of the
code hearing
department and shall be part |
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HB0655 Engrossed |
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LRB094 04104 MKM 34124 b |
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| of the record of hearing, one copy of the report
form shall be |
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| returned to
the individual representing the municipality in the |
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| case so that he or she may
prepare evidence of the code
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| violation for presentation at the hearing on the date |
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| indicated, and one copy
of the report form shall be
served by |
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| first class mail to the defendant along with a summons |
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| commanding
the defendant to appear
at the hearing.
In |
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| municipalities with a population under 3,000,000, if the |
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| violation report form requires the respondent to
answer within |
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| a certain amount of time, the
municipality must reply to the |
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| answer within the same amount of time
afforded to the
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| respondent.
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| (Source: P.A. 90-777, eff. 1-1-99.)
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