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| 1 | AN ACT concerning local government.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Counties Code is amended by changing Section | ||||||
| 5 | 5-41020 and adding Section 5-41012 as follows: | ||||||
| 6 | (55 ILCS 5/5-41012 new) | ||||||
| 7 | Sec. 5-41012. Fine schedule. The county board of any county | ||||||
| 8 | that establishes a code hearing unit pursuant to this Division | ||||||
| 9 | 5-41 may, by ordinance, establish a fine schedule for code | ||||||
| 10 | violations. The fine schedule must include (i) a determinate | ||||||
| 11 | fine for each code violation that may be voluntarily paid by a | ||||||
| 12 | respondent prior to his or her hearing date and (ii) the fine | ||||||
| 13 | that may otherwise be imposed for each code violation. The | ||||||
| 14 | amount of each fine must be based upon the nature of the | ||||||
| 15 | offense and the number of previous code violations a respondent | ||||||
| 16 | was convicted of committing for the same or a related offense. | ||||||
| 17 | (55 ILCS 5/5-41020)
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| 18 | Sec. 5-41020. Instituting proceedings.
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| 19 | (a) When a code enforcement officer observes a
code | ||||||
| 20 | violation,
the officer
shall note or, in the case of an animal | ||||||
| 21 | control violation, the code enforcement
officer may respond to | ||||||
| 22 | the filing of a formal complaint by noting the violation
on a | ||||||
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| 1 | violation notice and report
form, indicating
the following:
the | ||||||
| 2 | name and address of the respondent, if known; the name,
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| 3 | address, and state vehicle registration number of the waste | ||||||
| 4 | hauler who
deposited
the waste, if applicable; the type and | ||||||
| 5 | nature of the violation; the date and
time the violation was | ||||||
| 6 | observed; the names of witnesses to the violation; and
the | ||||||
| 7 | address of the location or property where the violation is | ||||||
| 8 | observed.
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| 9 | (b) The violation notice and report form shall contain a | ||||||
| 10 | file number,
and a hearing date, and, if approved by the county | ||||||
| 11 | board by ordinance, the amount of any fine that may be imposed | ||||||
| 12 | pursuant to an approved schedule of fines noted by the code | ||||||
| 13 | enforcement officer in the blank spaces
provided for that | ||||||
| 14 | purpose on the form. The violation notice and report form shall | ||||||
| 15 | state that the respondent does not need to appear at the | ||||||
| 16 | hearing on the date indicated on the form if the respondent | ||||||
| 17 | pays the determinate fine in the amount set forth in the | ||||||
| 18 | county's approved fine schedule for the code violation. The | ||||||
| 19 | respondent must pay the determinate fine at least 5 days before | ||||||
| 20 | the hearing date indicated on the violation notice and report | ||||||
| 21 | form. The violation notice and report shall
state that if the | ||||||
| 22 | respondent does not voluntarily pay the determinate fine in | ||||||
| 23 | accordance with the schedule of fines or fails failure to | ||||||
| 24 | appear at the hearing, if required, on the date indicated, then | ||||||
| 25 | the failure to pay or appear, if required, may result in
a | ||||||
| 26 | determination of liability for the cited violation and the | ||||||
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| 1 | imposition of
fines and assessment of costs as provided by the | ||||||
| 2 | applicable county ordinance.
The violation notice and report | ||||||
| 3 | shall also state that upon a determination of
liability and the | ||||||
| 4 | exhaustion
of
or failure to exhaust procedures for judicial
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| 5 | review, any unpaid fines or costs imposed will constitute a | ||||||
| 6 | debt due and owed
to the county.
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| 7 | (c) A copy of the violation notice and report form shall be | ||||||
| 8 | served on
the respondent either personally or by first class | ||||||
| 9 | mail, postage prepaid,
sent to the address of the respondent. | ||||||
| 10 | If the name of the respondent property
owner cannot be | ||||||
| 11 | ascertained or if service on the respondent cannot be made by
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| 12 | mail, service may be made on the respondent property owner by | ||||||
| 13 | posting,
not less than 20 days before the hearing is
scheduled,
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| 14 | a copy of
the violation notice and report form in a prominent | ||||||
| 15 | place on the property
where the violation is found.
If the | ||||||
| 16 | violation notice and report form requires the
respondent
to | ||||||
| 17 | answer within a certain amount of time, the
county must reply | ||||||
| 18 | to the answer within the same amount of time afforded to
the
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| 19 | respondent.
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| 20 | (d) In lieu of a personal appearance at the hearing, a | ||||||
| 21 | county board may provide for the voluntary payment of a | ||||||
| 22 | determinate fine in accordance with a schedule of fines | ||||||
| 23 | approved by ordinance and as provided in this Division 5-41.
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| 24 | (Source: P.A. 94-616, eff. 1-1-06.)
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| 25 | Section 99. Effective date. This Act takes effect upon | ||||||
| 26 | becoming law.
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