SB3406ham001 97TH GENERAL ASSEMBLY

Rep. Chapin Rose

Filed: 4/30/2012

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 3406

2    AMENDMENT NO. ______. Amend Senate Bill 3406 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing 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
8a sanitation inspector observes or otherwise discovers a code
9violation, he shall note the violation on a violation notice
10and report form, indicating the name and address of the
11respondent, if known, the name, address and State vehicle
12registration number of the waste hauler who deposited the
13waste, if applicable, a citation to the specific code provision
14or provisions alleged to have been violated, a description of
15the circumstances present that constitute the alleged
16violation the type and nature of the violation, the date and

 

 

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1time the violation was observed, the names of witnesses to the
2violation, and the address of the location or property where
3the violation is observed.
4    The violation notice and report form shall contain a file
5number and a hearing date noted by the sanitation inspector in
6the blank spaces provided for that purpose on the form. The
7violation notice and report form shall state that failure to
8appear at the hearing on the date indicated may result in a
9determination of liability for the cited violation and the
10imposition of fines and assessment of costs as provided by the
11applicable municipal ordinance. The violation notice and
12report form shall also state that upon a determination of
13liability and the exhaustion or failure to exhaust procedures
14for judicial review, any unpaid fines or costs imposed will
15constitute a debt due and owing the municipality.
16    A copy of the violation notice and report form shall be
17served upon the respondent either personally or by first class
18mail, postage prepaid, and sent to the address of the
19respondent. If the municipality has an ordinance requiring all
20or certain property owners to register with the municipality,
21service may be made on the respondent property owner by mailing
22the violation notice and report to the owner's address
23registered with the municipality. If the name of the respondent
24property owner cannot be ascertained or if service on such
25respondent cannot be made by mail, service may be made on the
26respondent property owner by posting a copy of the violation

 

 

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1notice and report form in a prominent place upon the property
2where the violation is found, not less than 10 days before the
3hearing is scheduled.
4(Source: P.A. 86-1364.)
 
5    (65 ILCS 5/11-31.1-4)  (from Ch. 24, par. 11-31.1-4)
6    Sec. 11-31.1-4. Instituting code hearing proceedings. When
7a building inspector finds a code violation while inspecting a
8structure, he shall note the violation on a multiple copy
9violation notice and report form, indicating the name and
10address of the structure owner, a citation to the specific code
11provision or provisions alleged to have been violated, a
12description of the circumstances present that constitute the
13alleged violation the type and nature of the violation, the
14date and time the violation was observed, the names of
15witnesses to the violation, and the address of the structure
16where the violation is observed.
17    The violation report form shall be forwarded by the
18building inspector to the Code Hearing Department where a
19Docket number shall be stamped on all copies of the report, and
20a hearing date noted in the blank spaces provided for that
21purpose on the form. The hearing date shall not be less than 30
22nor more than 40 days after the violation is reported by the
23building inspector.
24    One copy of the violation report form shall be maintained
25in the files of the Code Hearing Department and shall be part

 

 

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1of the record of hearing, one copy of the report form shall be
2returned to the building inspector so that he may prepare
3evidence of the code violation for presentation at the hearing
4on the date indicated, and one copy of the report form shall be
5served by first class mail on the owner of the structure, along
6with a summons commanding the owner to appear at the hearing.
7If the municipality in which the structure is situated has an
8ordinance requiring property owners to register with the
9municipality, service may be made on the owner by mailing the
10report and summons to the owner's address registered with the
11municipality. If the name of the owner of the structure cannot
12be ascertained or if service on the owner cannot be made by
13mail, service may be made on the owner by posting or nailing a
14copy of the violation report form on the front door of the
15structure where the violation is found, not less than 20 days
16before the hearing is scheduled.
17(Source: P.A. 86-1039.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".