Full Text of SB3406 97th General Assembly
SB3406 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3406 Introduced 2/7/2012, by Sen. Dave Syverson SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-19.2-4 | from Ch. 24, par. 11-19.2-4 |
65 ILCS 5/11-31.1-4 | from Ch. 24, par. 11-31.1-4 |
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Amends the Illinois Municipal Code. Provides that for sanitation and building code violations, a code inspector shall include in the violation notice the title and citation of the code provision alleged to have been violated and a description of the circumstances present that constitute the alleged violation. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-19.2-4 and 11-31.1-4 as follows:
| 6 | | (65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
| 7 | | Sec. 11-19.2-4. Instituting code hearing proceedings. When | 8 | | a
sanitation inspector observes or otherwise discovers a code | 9 | | violation, he
shall note the violation on a violation notice | 10 | | and report form, indicating
the name and address of the | 11 | | respondent, if known, the name, address and
State vehicle | 12 | | registration number of the waste hauler who deposited the
| 13 | | waste, if applicable, the title and citation of the code | 14 | | provision alleged to have been violated, a description of the | 15 | | circumstances present that constitute the alleged violation | 16 | | the type and nature of the violation , the date and
time the | 17 | | violation was observed, the names of witnesses to the | 18 | | violation,
and the address of the location or property where | 19 | | the violation is observed.
| 20 | | The violation notice and report form shall contain a file | 21 | | number and a
hearing date noted by the sanitation inspector in | 22 | | the blank spaces provided
for that purpose on the form. The | 23 | | violation notice and report form shall
state that failure to |
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| 1 | | appear at the hearing on the date indicated may
result in a | 2 | | determination of liability for the cited violation and the
| 3 | | imposition of fines and assessment of costs as provided by the | 4 | | applicable
municipal ordinance. The violation notice and | 5 | | report form shall also state
that upon a determination of | 6 | | liability and the exhaustion or failure to
exhaust procedures | 7 | | for judicial review, any unpaid fines or costs imposed
will | 8 | | constitute a debt due and owing the municipality.
| 9 | | A copy of the violation notice and report form shall be | 10 | | served upon the
respondent either personally or by first class | 11 | | mail, postage prepaid, and
sent to the address of the | 12 | | respondent. If the municipality has an
ordinance requiring all | 13 | | or certain property owners to register with the
municipality, | 14 | | service may be made on the respondent property owner by
mailing | 15 | | the violation notice and report to the owner's address | 16 | | registered
with the municipality. If the name of the respondent | 17 | | property owner cannot
be ascertained or if service on such | 18 | | respondent cannot be made by mail,
service may be made on the | 19 | | respondent property owner by posting a copy of
the violation | 20 | | notice and report form in a prominent place upon the property
| 21 | | where the violation is found, not less than 10 days before the | 22 | | hearing is
scheduled.
| 23 | | (Source: P.A. 86-1364.)
| 24 | | (65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
| 25 | | Sec. 11-31.1-4. Instituting code hearing proceedings. When |
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| 1 | | a building
inspector finds a code violation while inspecting a | 2 | | structure, he shall
note the violation on a multiple copy | 3 | | violation notice
and report form, indicating the name and | 4 | | address of the structure owner, the title and citation of the | 5 | | code provision alleged to have been violated, a description of | 6 | | the circumstances present that constitute the alleged | 7 | | violation the
type and nature of the violation , the date and | 8 | | time the violation was
observed, the names of witnesses to the | 9 | | violation, and the address of the
structure where the violation | 10 | | is observed.
| 11 | | The violation report form shall be forwarded by the | 12 | | building inspector
to the Code Hearing Department where a | 13 | | Docket number shall be stamped on
all copies of the report, and | 14 | | a hearing date noted in the blank spaces
provided for that | 15 | | purpose on the form. The hearing date shall not be less
than 30 | 16 | | nor more than 40 days after the violation is reported by the
| 17 | | building inspector.
| 18 | | One copy of the violation report form shall be maintained | 19 | | in the files
of the Code Hearing Department and shall be part | 20 | | of the record of hearing,
one copy of the report form shall be | 21 | | returned to the building inspector so
that he may prepare | 22 | | evidence of the code violation for presentation at the
hearing | 23 | | on the date indicated, and one copy of the report form shall be
| 24 | | served by first class mail on the owner of the structure, along
| 25 | | with a summons commanding the owner to appear at the hearing.
| 26 | | If the municipality in which the structure is situated has an |
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| 1 | | ordinance
requiring property owners to register with the | 2 | | municipality, service may be
made on the owner by mailing the | 3 | | report and summons to the owner's address
registered with the | 4 | | municipality. If the name
of the owner of the structure cannot | 5 | | be ascertained or if service on the
owner cannot be made by | 6 | | mail, service may be made on the owner by posting
or nailing a | 7 | | copy of the violation report form on the front door of the
| 8 | | structure where the violation is found, not less than 20 days | 9 | | before the
hearing is scheduled.
| 10 | | (Source: P.A. 86-1039.)
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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