Full Text of HB1712 98th General Assembly
HB1712ham002 98TH GENERAL ASSEMBLY | Rep. Ed Sullivan, Jr. Filed: 4/11/2013
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| 1 | | AMENDMENT TO HOUSE BILL 1712
| 2 | | AMENDMENT NO. ______. Amend House Bill 1712 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 1-2.2-55 as follows:
| 6 | | (65 ILCS 5/1-2.2-55)
| 7 | | Sec. 1-2.2-55. Judgment on findings, decision, and order.
| 8 | | (a) Any fine, other
sanction, or costs
imposed, or part of | 9 | | any fine, other sanction, or costs imposed, remaining
unpaid
| 10 | | after the exhaustion of,
or the failure to exhaust, judicial | 11 | | review procedures under the Administrative
Review Law shall be | 12 | | a
debt due and owing the municipality and, as such, may be | 13 | | collected in
accordance with applicable law.
| 14 | | (b) After expiration of the period within which judicial | 15 | | review under the
Administrative Review
Law may be sought for a | 16 | | final determination of the code violation, the
municipality may |
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| 1 | | commence a
proceeding in the circuit court of the county in | 2 | | which the municipality is
located
for purpose of obtaining a
| 3 | | judgment on the findings, decision, and order. Nothing in this | 4 | | Section shall
prevent a municipality from
consolidating | 5 | | multiple findings, decisions, and orders against a person in | 6 | | such
a proceeding. Upon
commencement of the action, the | 7 | | municipality shall file a certified copy of the
findings, | 8 | | decision, and
order, which shall be accompanied by a | 9 | | certification that recites facts
sufficient to show that the | 10 | | findings,
decision, and order was issued in accordance with | 11 | | this Division and the
applicable municipal ordinance.
Service | 12 | | of the summons and a copy of the petition may be by any method | 13 | | provided
for by Section 2-203
of the Code of Civil Procedure or | 14 | | by certified mail, return receipt requested,
provided that the | 15 | | total
amount of fines, other sanctions, and costs imposed by | 16 | | the findings, decision,
and order does not exceed
$2,500. If | 17 | | the court is satisfied that the findings, decision, and order | 18 | | was
entered in accordance with the
requirements of this | 19 | | Division and the applicable municipal ordinance and that
the | 20 | | defendant had an
opportunity for a hearing under this Division | 21 | | and for judicial review as
provided in this Division:
| 22 | | (1) The
court shall render judgment in favor of the | 23 | | municipality and against the
defendant for the amount
| 24 | | indicated in the findings, decision and order, plus costs. | 25 | | The judgment shall
have the same effect and
may be enforced | 26 | | in the same manner as other judgments for the recovery of
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| 1 | | money.
| 2 | | (2) The court
may also issue any other orders and | 3 | | injunctions that are requested by the
municipality to | 4 | | enforce the
order of the hearing officer to correct a code | 5 | | violation.
| 6 | | (c) In place of a proceeding under subsection (b) of this | 7 | | Section, after expiration of the period in which judicial | 8 | | review under the Illinois Administrative Review Law may be | 9 | | sought for a final determination of a code violation, unless | 10 | | stayed by a court of competent jurisdiction, the findings, | 11 | | decision, and order of the hearing officer may be enforced in | 12 | | the same manner as a judgment entered by a court of competent | 13 | | jurisdiction. | 14 | | In any case in which a defendant has failed to comply with | 15 | | a judgment ordering a defendant to correct a code violation or | 16 | | imposing any fine or other sanction as a result of a code | 17 | | violation, any expenses incurred by a municipality to enforce | 18 | | the judgment, including, but not limited to, attorney's fees, | 19 | | court costs, and costs related to property demolition or | 20 | | foreclosure, after they are fixed by a court of competent | 21 | | jurisdiction or a hearing officer, shall be a debt due and | 22 | | owing the municipality and may be collected in accordance with | 23 | | applicable law. Prior to any expenses being fixed by a hearing | 24 | | officer pursuant to this subsection (c), the municipality shall | 25 | | provide notice to the defendant that states that the defendant | 26 | | shall appear at a hearing before the administrative hearing |
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| 1 | | officer to determine whether the defendant has failed to comply | 2 | | with the judgment. The notice shall set the date for such a | 3 | | hearing, which shall not be less than 7 days from the date that | 4 | | notice is served. If notice is served by mail, the 7-day period | 5 | | shall begin to run on the date that the notice was deposited in | 6 | | the mail. | 7 | | Upon being recorded in the manner required by Article XII | 8 | | of the Code of Civil Procedure or by the Uniform Commercial | 9 | | Code, a lien shall be imposed on the real estate or personal | 10 | | estate, or both, of the defendant in the amount of any debt due | 11 | | and owing the municipality under this Section. The lien may be | 12 | | enforced in the same manner as a judgment lien pursuant to a | 13 | | judgment of a court of competent jurisdiction. | 14 | | A hearing officer may set aside any judgment entered by | 15 | | default and set a new hearing date, upon a petition filed | 16 | | within 21 days after the issuance of the order of default, if | 17 | | the hearing officer determines that the petitioner's failure to | 18 | | appear at the hearing was for good cause or at any time if the | 19 | | petitioner establishes that the municipality did not provide | 20 | | proper service of process. If any judgment is set aside | 21 | | pursuant to this subsection (c), the hearing officer shall have | 22 | | authority to enter an order extinguishing any lien which has | 23 | | been recorded for any debt due and owing the municipality as a | 24 | | result of the vacated default judgment. | 25 | | (Source: P.A. 90-777, eff. 1-1-99.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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