HB0726 95TH GENERAL ASSEMBLY

LRB095 07092 HLH 27217 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB0726

Introduced 2/7/2007, by Rep. Angelo Saviano

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-41005
55 ILCS 5/5-41010

Amends the Counties Code. Provides that a county board in any county (instead of a county having a population of less than 3,000,000) may establish a code hearing unit. Provides that the code hearing unit may also be used for the adjudication of county ordinances pertaining to vice, drugs, or vehicles.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

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 Sections 5-41005 and 5-41010 as follows:

(55 ILCS 5/5-41005)

Sec. 5-41005. Definitions. In this Division 5-41, unless the context requires otherwise:

"Code" means any county ordinance that pertains to or regulates any of the following: animal control; the definition, identification, and abatement of public nuisances; vice; drugs; vehicles; the accumulation, disposal, and transportation of garbage, refuse, and other forms of solid waste; the construction and maintenance of buildings and structures; sanitation practices; or zoning.

"Code enforcement officer" means a county employee authorized to issue citations for county code violations and to conduct inspections of public or private real property to determine whether code violations exist. However, nothing in this Division 5-41 shall be construed to allow for administrative adjudication of an ordinance violation in the case where a State statute or administrative rule provides for a specific method or procedure to be followed, other than administrative adjudication, in enforcing a county ordinance.

"Hearing officer" means a person other than a code enforcement officer or law enforcement officer having the following powers and duties:

(1) To preside at an administrative hearing called to determine whether a code violation exists.

(2) To hear testimony and accept evidence from the code enforcement officer, the respondent, and all interested parties relevant to the existence of a code violation.

(3) To preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing.

(4) To issue and sign written findings and a decision and order stating whether a code violation exists.

(5) To impose penalties consistent with applicable code provisions and to assess costs reasonably related to instituting the proceedings upon finding the respondent liable for the charged violation. In no event, however, shall the hearing officer have the authority to impose a penalty of incarceration.

"Property owner" means the legal or beneficial owner of an improved or unimproved parcel of real estate.

"Respondent" means a property owner, waste hauler, or other person charged with liability for an alleged code violation and the person to whom the notice of violation is directed.

"Solid waste" means demolition materials, food and industrial processing wastes, garden trash, land cleaning waste, mixed refuse, non-combustible refuse, and trash as defined in the Solid Waste Disposal District Act.

"Waste hauler" means any person owning or controlling any vehicle used to carry or transport garbage, refuse, or other forms of solid waste.

(Source: P.A. 90-517, eff. 8-22-97.)

(55 ILCS 5/5-41010)

Sec. 5-41010. Code hearing unit. The county board in any county having a population of less than 3,000,000 inhabitants may establish by ordinance a code hearing unit within an existing code enforcement agency or as a separate and independent agency in county government. A county may establish a code hearing unit and administrative adjudication process only under the provisions of this Division 5-41. The function of the code hearing unit shall be to expedite the prosecution and correction of code violations as provided in this Division 5-41.

(Source: P.A. 90-517, eff. 8-22-97.)