Full Text of HB5972 96th General Assembly
HB5972enr 96TH GENERAL ASSEMBLY
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HB5972 Enrolled |
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LRB096 19979 RLJ 35460 b |
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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 | 5 |
| 5-41020 and adding Section 5-41012 as follows: | 6 |
| (55 ILCS 5/5-41012 new) | 7 |
| Sec. 5-41012. Fine schedule. The county board of any county | 8 |
| that establishes a code hearing unit pursuant to this Division | 9 |
| 5-41 may, by ordinance, establish a fine schedule for code | 10 |
| violations. The fine schedule must include (i) a determinate | 11 |
| fine for each code violation that may be voluntarily paid by a | 12 |
| respondent prior to his or her hearing date and (ii) the fine | 13 |
| that may otherwise be imposed for each code violation. The | 14 |
| amount of each fine must be based upon the nature of the | 15 |
| offense and the number of previous code violations a respondent | 16 |
| was convicted of committing for the same or a related offense. | 17 |
| (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 | 20 |
| violation,
the officer
shall note or, in the case of an animal | 21 |
| control violation, the code enforcement
officer may respond to | 22 |
| the filing of a formal complaint by noting the violation
on a |
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HB5972 Enrolled |
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LRB096 19979 RLJ 35460 b |
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| violation notice and report
form, indicating
the following:
the | 2 |
| name and address of the respondent, if known; the name,
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| address, and state vehicle registration number of the waste | 4 |
| hauler who
deposited
the waste, if applicable; the type and | 5 |
| nature of the violation; the date and
time the violation was | 6 |
| observed; the names of witnesses to the violation; and
the | 7 |
| address of the location or property where the violation is | 8 |
| observed.
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| (b) The violation notice and report form shall contain a | 10 |
| file number ,
and a hearing date , and, if approved by the county | 11 |
| board by ordinance, the amount of any fine that may be imposed | 12 |
| pursuant to an approved schedule of fines noted by the code | 13 |
| enforcement officer in the blank spaces
provided for that | 14 |
| purpose on the form. The violation notice and report form shall | 15 |
| state that the respondent does not need to appear at the | 16 |
| hearing on the date indicated on the form if the respondent | 17 |
| pays the determinate fine in the amount set forth in the | 18 |
| county's approved fine schedule for the code violation. The | 19 |
| respondent must pay the determinate fine at least 5 days before | 20 |
| the hearing date indicated on the violation notice and report | 21 |
| form. The violation notice and report shall
state that if the | 22 |
| respondent does not voluntarily pay the determinate fine in | 23 |
| accordance with the schedule of fines or fails failure to | 24 |
| appear at the hearing , if required, on the date indicated , then | 25 |
| the failure to pay or appear, if required, may result in
a | 26 |
| determination of liability for the cited violation and the |
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HB5972 Enrolled |
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LRB096 19979 RLJ 35460 b |
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| imposition of
fines and assessment of costs as provided by the | 2 |
| applicable county ordinance.
The violation notice and report | 3 |
| shall also state that upon a determination of
liability and the | 4 |
| exhaustion
of
or failure to exhaust procedures for judicial
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| review, any unpaid fines or costs imposed will constitute a | 6 |
| debt due and owed
to the county.
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| (c) A copy of the violation notice and report form shall be | 8 |
| served on
the respondent either personally or by first class | 9 |
| mail, postage prepaid,
sent to the address of the respondent. | 10 |
| If the name of the respondent property
owner cannot be | 11 |
| 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 | 13 |
| 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 | 15 |
| place on the property
where the violation is found.
If the | 16 |
| violation notice and report form requires the
respondent
to | 17 |
| answer within a certain amount of time, the
county must reply | 18 |
| 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 | 21 |
| county board may provide for the voluntary payment of a | 22 |
| determinate fine in accordance with a schedule of fines | 23 |
| 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 | 26 |
| becoming law.
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