Full Text of HB0655 94th General Assembly
HB0655eng 94TH GENERAL ASSEMBLY
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LRB094 04104 MKM 34124 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing
Section | 5 |
| 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 | 9 |
| violation,
the officer
shall note or, in the case of an animal | 10 |
| control violation, the code enforcement
officer may respond to | 11 |
| the filing of a formal complaint by noting the violation
on a | 12 |
| violation notice and report
form, indicating
the following:
the | 13 |
| name and address of the respondent, if known; the name,
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| address, and state vehicle registration number of the waste | 15 |
| hauler who
deposited
the waste, if applicable; the type and | 16 |
| nature of the violation; the date and
time the violation was | 17 |
| observed; the names of witnesses to the violation; and
the | 18 |
| address of the location or property where the violation is | 19 |
| observed.
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| (b) The violation notice and report form shall contain a | 21 |
| file number
and a hearing date noted by the code enforcement | 22 |
| officer in the blank spaces
provided for that purpose on the | 23 |
| form. The violation notice and report shall
state that failure | 24 |
| to appear at the hearing on the date indicated may result in
a | 25 |
| determination of liability for the cited violation and the | 26 |
| imposition of
fines and assessment of costs as provided by the | 27 |
| applicable county ordinance.
The violation notice and report | 28 |
| shall also state that upon a determination of
liability and the | 29 |
| exhaustion
of
or failure to exhaust procedures for judicial
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| review, any unpaid fines or costs imposed will constitute a | 31 |
| debt due and owed
to 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 | 2 |
| mail, postage prepaid,
sent to the address of the respondent. | 3 |
| If the name of the respondent property
owner cannot be | 4 |
| 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 | 6 |
| 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 | 8 |
| place on the property
where the violation is found.
If the | 9 |
| violation notice and report form requires the
respondent
to | 10 |
| answer within a certain amount of time, the
county must reply | 11 |
| to the answer within the same amount of time afforded to
the
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| respondent.
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| (Source: P.A. 90-517, eff. 8-22-97.)
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| Section 10. The Illinois Municipal Code is amended by | 15 |
| changing
Sections 1-2.1-5 and 1-2.2-20 as follows:
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| (65 ILCS 5/1-2.1-5)
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| Sec. 1-2.1-5. Administrative hearing proceedings.
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| (a) Any ordinance establishing a system of administrative | 19 |
| adjudication,
pursuant to this Division, shall afford parties | 20 |
| due process of law, including
notice and opportunity for | 21 |
| hearing. Parties shall be served with process in a
manner | 22 |
| reasonably calculated to give them actual notice, including, as
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| appropriate, personal service of process upon a party or its | 24 |
| employees or
agents;
service by mail at a party's address; or | 25 |
| notice that is posted upon the
property where the violation is | 26 |
| found when the party is the owner or manager of
the property.
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| In municipalities with a population under 3,000,000, if the | 28 |
| notice requires the respondent to answer within
a
certain | 29 |
| amount of time, the municipality must
reply to the answer | 30 |
| within the same amount of time afforded to the
respondent.
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| (b) Parties shall be given notice of an adjudicatory | 32 |
| hearing which includes
the type and nature of the code | 33 |
| violation to be adjudicated, the date and
location of the | 34 |
| adjudicatory hearing, the legal authority and jurisdiction
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| under which the hearing is to be held, and the penalties for | 2 |
| failure to appear
at the hearing.
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| (c) Parties shall be provided with an opportunity for a | 4 |
| hearing during which
they may be represented by counsel, | 5 |
| present witnesses, and cross-examine
opposing witnesses. | 6 |
| Parties may request the hearing officer to issue subpoenas
to | 7 |
| direct the attendance and testimony of relevant witnesses and | 8 |
| the production
of relevant documents. Hearings shall be | 9 |
| scheduled with reasonable promptness,
provided that for | 10 |
| hearings scheduled in all non-emergency situations, if
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| requested
by the defendant, the defendant shall have at least | 12 |
| 15
days after service of process to prepare for a hearing.
For | 13 |
| purposes of this subsection (c), "non-emergency situation" | 14 |
| means any
situation that does not reasonably constitute a | 15 |
| threat to the public
interest, safety, or welfare. If service | 16 |
| is provided by mail, the 15-day
period shall begin to run on | 17 |
| the day that the notice is deposited in the
mail.
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| (Source: P.A. 90-516, eff. 1-1-98.)
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| (65 ILCS 5/1-2.2-20)
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| Sec. 1-2.2-20. Instituting code hearing proceedings. When | 21 |
| a police
officer or other individual
authorized to issue a code | 22 |
| violation finds a code violation to exist, he or
she
shall note | 23 |
| the violation on a
multiple copy violation notice and report | 24 |
| form that indicates (i) the name and
address
of the defendant, | 25 |
| (ii) the
type and nature of the violation, (iii) the date and | 26 |
| time the violation was
observed,
and (iv) the names of
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| witnesses to the violation.
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| The violation report form shall be forwarded to the code | 29 |
| hearing department
where a docket
number shall be stamped on | 30 |
| all copies of the report and a hearing date shall be
noted
in | 31 |
| the blank spaces
provided for that purpose on the form. The | 32 |
| hearing date shall not be less than
30 nor more than 40
days | 33 |
| after the violation is reported.
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| One copy of the violation report form shall be maintained | 35 |
| in the files of the
code hearing
department and shall be part |
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| of the record of hearing, one copy of the report
form shall be | 2 |
| returned to
the individual representing the municipality in the | 3 |
| case so that he or she may
prepare evidence of the code
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| violation for presentation at the hearing on the date | 5 |
| indicated, and one copy
of the report form shall be
served by | 6 |
| first class mail to the defendant along with a summons | 7 |
| commanding
the defendant to appear
at the hearing.
In | 8 |
| municipalities with a population under 3,000,000, if the | 9 |
| violation report form requires the respondent to
answer within | 10 |
| a certain amount of time, the
municipality must reply to the | 11 |
| answer within the same amount of time
afforded to the
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| respondent.
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| (Source: P.A. 90-777, eff. 1-1-99.)
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