Rep. Dave Winters
Filed: 4/1/2009
 
 

 




 

 		












09600HB3574ham001

LRB096 10505 RLJ 24278 a






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AMENDMENT TO HOUSE BILL 3574




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    AMENDMENT NO. ______. Amend House Bill 3574 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Counties Code is amended  by changing 
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Section 5-41020 as follows:
 
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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 imposed pursuant to 
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an approved schedule of fines noted by the code enforcement 
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officer in the blank spaces
provided for that purpose on the 
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form.  The violation notice and report shall
state that if the 
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respondent does not voluntarily pay in accordance with the 
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schedule of fines, if required, or fails failure to appear at 
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the hearing on the date indicated, then the failure to pay, if 
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required, or appear may result in
a determination of liability 
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for the cited violation and the imposition of
fines and 
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assessment of costs as provided by the applicable county 
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ordinance.
The violation notice and report shall also state 
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that upon a determination of
liability and the exhaustion
of
or 
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failure to exhaust procedures for judicial
review, any unpaid 
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fines or costs imposed will constitute a debt due and owed
to 
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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 fine in 
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accordance with a schedule of fines approved by ordinance.


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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.".