SB2656 94TH GENERAL ASSEMBLY

LRB094 16857 HLH 52136 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2656

Introduced 1/20/2006, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:

60 ILCS 1/85-60 new

Amends the Township Code. Provides that a township may prescribe rules and regulations, including a property maintenance code, to govern the maintenance of all property, buildings, and structures within the township but outside the territory of any municipality. Also provides that a township may establish a code hearing unit to enforce this Section. Contains other provisions. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Township Code is amended by adding Section 85-60 as follows:

(60 ILCS 1/85-60 new)

Sec. 85-60. Property maintenance code.

(a) A township may prescribe by ordinance reasonable rules and regulations, including a property maintenance code, to govern the maintenance of all property, buildings, and structures within the township but outside the territory of any municipality, to ensure that property, buildings, and structures are kept in a clean, safe, and sanitary condition and to correct defects or deterioration in building components and surface improvements. A township is authorized to exercise this power concurrently with a county, provided that the township's rules or regulations may not be less restrictive than the rules or regulations adopted by the county in which the township is located.

(b) A township may adopt by reference any published compilation of rules and regulations for the maintenance of property, buildings, and structures in a safe, clean, and sanitary condition prepared by a nationally recognized technical trade or service association in order to eliminate defects in buildings, structures, and surface improvements that are detrimental to the public health, safety, morals, and welfare. A township may adopt by reference all or part of the provisions of those rules and regulations, without setting forth the provisions in full, if at least one copy of those rules and regulations is filed with the clerk of the township not less than 30 days before the adoption of the resolution or ordinance that incorporates the rules and regulations by reference. Any amendment that may be made to any rules and regulations adopted by reference by a township under this Act may likewise be adopted by reference provided that the required number of amended or corrected copies are filed with the clerk of the township for inspection, use, and examination by the public for a period of at least 30 days before the adoption of such amendment by reference.

(c) The corporate authorities of any township that adopts a property maintenance code may also establish a Code Hearing Unit to expedite the prosecution and correction of property code violations in the manner set forth in this Section. The establishment of a Code Hearing Unit under this Section shall not preclude the township from using other methods to enforce the provisions of its property maintenance code.

(d) When a township enforcement officer observes or otherwise discovers a property maintenance code violation, he or she shall record the violation on a violation notice and report form that indicates (i) the name and address of the respondent property owner, if known, (ii) the type and nature of the violation, (iii) the date and time the violation was observed, (iv) the address of the location or property where the violation was observed, and (v) the names of any witnesses to the violation. The violation notice and report form shall be forwarded to the Code Hearing Department where a docket number shall be stamped on all copies of the report and a hearing date shall be noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 21 nor more than 60 days after the violation is reported. The violation notice and report form shall state that failure to appear at the hearing on the date indicated may result in a determination of liability for the cited violation, the imposition of fines, assessment of costs as provided by the township property maintenance code, and an order requiring that the violation be corrected. A copy of the violation notice and report form shall be served upon the respondent property owner either personally or by first class mail, postage prepaid, sent to the address of the respondent. If the name or address of the respondent property owner cannot be ascertained, or if service on the respondent property owner cannot be made by mail, service may be made on the respondent property owner by posting one copy of the violation notice and report form on the front door of the structure where the violation is found not less than 14 days before the hearing is scheduled, and by mailing one copy of the violation notice and report form not less than 14 days before the hearing is scheduled to the person identified as the taxpayer of record for the property at the address listed for that person in the county collector's books for the last year in which taxes were paid.

(e) If on the date set for hearing the respondent property owner or his attorney fails to appear, the hearing officer may find the respondent in default and shall proceed with the hearing and accept evidence relevant to the existence of a property maintenance code violation. The case for the township may be presented by the township enforcement officer, by any other township employee, or by an attorney designated by the township. The case for the property owner may be presented by the property owner or by his or her attorney. A hearing officer shall hear testimony and accept any evidence relevant to the existence or non-existence of a property maintenance code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearing authorized by this Section. No continuances may be authorized by the hearing officer in proceedings under this Section except in cases where a continuance is absolutely necessary to protect the rights of the respondent property owner. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this Section shall not exceed 40 days.

(f) At the conclusion of the hearing the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to whether or not a property maintenance code violation exists. The determination shall be in writing and shall contain findings, decision, and order. The findings, decision, and order shall include the hearing officer's findings of fact, a decision on whether or not a code violation exists based upon the findings of fact, and an order, ordering the owner to correct the violation or dismissing the case if a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided for the violation in the township property maintenance code. A monetary sanction or fine for a property maintenance code violation under this Section shall not exceed $750. A copy of the findings, determination, and order must be served on the respondent property owner within 7 days after it is issued. Service shall be in the same manner as the violation notice and report form are served. Payment of any sanction or fine and the disposition of fine money shall be in the manner set forth in the code, unless the corporate authorities of the township provide otherwise.

(g) The findings, decision, and order of the hearing officer are subject to review in the circuit court of the county where the township is located. The provisions of the Administrative Review Law and the rules adopted pursuant thereto shall apply to and govern every action for the judicial review of the findings, decision, and order of a hearing officer under this Section.

(h) Any fine, sanction, or cost imposed, or a part of any fine, sanction, or cost imposed that remains unpaid after judicial review procedures under the Administrative Review Law are exhausted shall be a debt due and owing to the township and may be collected in accordance with applicable law. The order to correct a property maintenance code violation and the fine, sanction, or cost imposed by a township as the result of a finding of a code violation under this Section shall attach to the property as a lien on the real estate, as well as apply to the owner of the property. The township shall file a notice of lien in the office of the recorder in the county in which the real estate is located. Any subsequent transferee or owner of property takes title subject to the lien and to the findings, decision, and order of the hearing officer under this Section if a notice consisting of a copy of the order to correct a code violation and imposing any sanctions, fines, or costs, and a description of the real estate affected sufficient for the identification of the real estate, has been filed in the office of the recorder in the county in which the real estate is located prior to the transfer or conveyance of the property to the subsequent transferee or owner.

(i) After expiration of the period within which judicial review under the Administrative Review Law may be sought for a final determination of the code violation, the township may commence a proceeding in the circuit court of the county where the township is located for a judgment on the findings, decision, and order. Upon commencement of the action, the township shall file a certified copy of the findings, decision, and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision, and order was issued in accordance with this Section and the applicable township ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines, sanctions, and costs imposed by the findings, decision and order does not exceed $2,500. If the court is satisfied that the findings, decision, and order were entered in accordance with the requirements of this Section and the applicable township ordinance, and that the property owner had an opportunity for a hearing under this Section and for judicial review as provided in this Section: (1) the court shall render judgment in favor of the township and against the property owner for the amount indicated in the findings, decision, and order, plus costs; and (2) the court may also issue such other orders and injunctions as are requested by the township to enforce the order of the hearing officer.

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