HB5972 Enrolled

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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 and adding Section 5-41012 as follows:
 
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    (55 ILCS 5/5-41012 new)
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    Sec. 5-41012. Fine schedule. The county board of any  county 
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that establishes a code hearing unit pursuant to this Division 
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5-41 may, by ordinance, establish a fine schedule for code 
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violations. The fine schedule must include (i) a determinate 
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fine for each code violation that may be voluntarily paid by a 
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respondent prior to his or her hearing date and (ii) the fine 
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that may otherwise be imposed for each code violation. The 
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amount of each fine must be based upon the nature of the 
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offense and the number of previous code violations a respondent 
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was convicted of committing for the same or a related offense.
 
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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, and, if approved by the county 
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board by ordinance, the amount of any fine that may be imposed 
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pursuant to an approved schedule of fines noted by the code 
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enforcement officer in the blank spaces
provided for that 
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purpose on the form.  The violation notice and report form shall 
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state that the respondent does not need to appear at the 
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hearing on the date indicated on the form if the respondent 
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pays the determinate fine in the amount set forth in the 
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county's approved fine schedule for the code violation. The 
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respondent must pay the determinate fine at least 5 days before 
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the hearing date indicated on the violation notice and report 
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form. The violation notice and report shall
state that if the 
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respondent does not voluntarily pay the determinate fine in 
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accordance with the schedule of fines or fails failure to 
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appear at the hearing, if required, on the date indicated, then 
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the failure to pay or appear, if required, 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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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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    (d) In lieu of a personal appearance at the hearing, a 
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county board may provide for the voluntary payment of a 
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determinate fine in accordance with a schedule of fines 
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approved by ordinance and as provided in this Division 5-41.

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

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