SB2829 EnrolledLRB098 17209 HEP 52301 b


  
1    AN ACT concerning civil law.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  

  
 
4    Section 5. The Code of Civil Procedure is amended  by adding 
5Section 5-120.5 as follows:
 
6    (735 ILCS 5/5-120.5 new)
7    Sec. 5-120.5. Administrative review, code compliance.
8    (a) In an administrative review action under Article III of 
9this Code, if the court reverses the decision of a municipal 
10code hearing officer in an action set forth under subsection 
11(c) of this Section, then the court may award the plaintiff all 
12reasonable costs, including court costs and attorney's fees, 
13associated with the action if the court finds that: (i) the 
14decision of the hearing officer was arbitrary and capricious; 
15or (ii) the defendant failed to file a record under Section 
163-108 of this Code that is sufficient to allow the court to 
17determine whether the decision of the hearing officer was 
18arbitrary and capricious.
19    (b) The court may award the municipality reasonable costs, 
20including court costs and attorney's fees, if the court finds 
21that the plaintiff's action under Article III of this Code for 
22administrative review of a decision by the municipal code 
23hearing officer is not reasonably well grounded in fact, is not 
 
 
SB2829 Enrolled- 2 -LRB098 17209 HEP 52301 b

1warranted by existing law, or is not accompanied by a 
2reasonable argument for the extension, modification, or 
3reversal of existing law.
4    (c) This Section applies only to the decision of a code 
5hearing officer that imposes a fine or penalty against the 
6owner of a single-family or multi-family residential dwelling 
7for a violation related to the condition or use of that 
8residential property. This Section does not apply to any 
9administrative decision of a municipality with a population of 
10more than 500,000.
11    (d) The provisions of this Section are mutually dependent 
12and inseverable; if any provision is held invalid, then the 
13entire Section is invalid.