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Rep. Chapin Rose
Filed: 4/30/2012
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| 1 | | AMENDMENT TO SENATE BILL 3406
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3406 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Illinois Municipal Code is amended by |
| 5 | | changing Sections 11-19.2-4 and 11-31.1-4 as follows:
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| 6 | | (65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
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| 7 | | Sec. 11-19.2-4. Instituting code hearing proceedings. When |
| 8 | | a
sanitation inspector observes or otherwise discovers a code |
| 9 | | violation, he
shall note the violation on a violation notice |
| 10 | | and report form, indicating
the name and address of the |
| 11 | | respondent, if known, the name, address and
State vehicle |
| 12 | | registration number of the waste hauler who deposited the
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| 13 | | waste, if applicable, a citation to the specific code provision |
| 14 | | or provisions alleged to have been violated, a description of |
| 15 | | the circumstances present that constitute the alleged |
| 16 | | violation the type and nature of the violation, the date and
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| 1 | | time the violation was observed, the names of witnesses to the |
| 2 | | violation,
and the address of the location or property where |
| 3 | | the violation is observed.
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| 4 | | The violation notice and report form shall contain a file |
| 5 | | number and a
hearing date noted by the sanitation inspector in |
| 6 | | the blank spaces provided
for that purpose on the form. The |
| 7 | | violation notice and report form shall
state that failure to |
| 8 | | appear at the hearing on the date indicated may
result in a |
| 9 | | determination of liability for the cited violation and the
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| 10 | | imposition of fines and assessment of costs as provided by the |
| 11 | | applicable
municipal ordinance. The violation notice and |
| 12 | | report form shall also state
that upon a determination of |
| 13 | | liability and the exhaustion or failure to
exhaust procedures |
| 14 | | for judicial review, any unpaid fines or costs imposed
will |
| 15 | | constitute a debt due and owing the municipality.
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| 16 | | A copy of the violation notice and report form shall be |
| 17 | | served upon the
respondent either personally or by first class |
| 18 | | mail, postage prepaid, and
sent to the address of the |
| 19 | | respondent. If the municipality has an
ordinance requiring all |
| 20 | | or certain property owners to register with the
municipality, |
| 21 | | service may be made on the respondent property owner by
mailing |
| 22 | | the violation notice and report to the owner's address |
| 23 | | registered
with the municipality. If the name of the respondent |
| 24 | | property owner cannot
be ascertained or if service on such |
| 25 | | respondent cannot be made by mail,
service may be made on the |
| 26 | | respondent property owner by posting a copy of
the violation |
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| 1 | | notice and report form in a prominent place upon the property
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| 2 | | where the violation is found, not less than 10 days before the |
| 3 | | hearing is
scheduled.
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| 4 | | (Source: P.A. 86-1364.)
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| 5 | | (65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
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| 6 | | Sec. 11-31.1-4. Instituting code hearing proceedings. When |
| 7 | | a building
inspector finds a code violation while inspecting a |
| 8 | | structure, he shall
note the violation on a multiple copy |
| 9 | | violation notice
and report form, indicating the name and |
| 10 | | address of the structure owner, a citation to the specific code |
| 11 | | provision or provisions alleged to have been violated, a |
| 12 | | description of the circumstances present that constitute the |
| 13 | | alleged violation the
type and nature of the violation, the |
| 14 | | date and time the violation was
observed, the names of |
| 15 | | witnesses to the violation, and the address of the
structure |
| 16 | | where the violation is observed.
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| 17 | | The violation report form shall be forwarded by the |
| 18 | | building inspector
to the Code Hearing Department where a |
| 19 | | Docket number shall be stamped on
all copies of the report, and |
| 20 | | a hearing date noted in the blank spaces
provided for that |
| 21 | | purpose on the form. The hearing date shall not be less
than 30 |
| 22 | | nor more than 40 days after the violation is reported by the
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| 23 | | building inspector.
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| 24 | | One copy of the violation report form shall be maintained |
| 25 | | in the files
of the Code Hearing Department and shall be part |
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| 1 | | of the record of hearing,
one copy of the report form shall be |
| 2 | | returned to the building inspector so
that he may prepare |
| 3 | | evidence of the code violation for presentation at the
hearing |
| 4 | | on the date indicated, and one copy of the report form shall be
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| 5 | | served by first class mail on the owner of the structure, along
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| 6 | | with a summons commanding the owner to appear at the hearing.
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| 7 | | If the municipality in which the structure is situated has an |
| 8 | | ordinance
requiring property owners to register with the |
| 9 | | municipality, service may be
made on the owner by mailing the |
| 10 | | report and summons to the owner's address
registered with the |
| 11 | | municipality. If the name
of the owner of the structure cannot |
| 12 | | be ascertained or if service on the
owner cannot be made by |
| 13 | | mail, service may be made on the owner by posting
or nailing a |
| 14 | | copy of the violation report form on the front door of the
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| 15 | | structure where the violation is found, not less than 20 days |
| 16 | | before the
hearing is scheduled.
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| 17 | | (Source: P.A. 86-1039.)
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| 18 | | Section 99. Effective date. This Act takes effect upon |
| 19 | | becoming law.".
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