Full Text of SB0751 100th General Assembly
SB0751enr 100TH GENERAL ASSEMBLY |
| | SB0751 Enrolled | | LRB100 07341 AWJ 17404 b |
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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 Counties Code is amended by changing Section | 5 | | 5-43035 as follows: | 6 | | (55 ILCS 5/5-43035) | 7 | | Sec. 5-43035. Enforcement of judgment. | 8 | | (a) Any non-real property tax, fee, fine, other sanction, | 9 | | or costs imposed , or part of any non-real property tax, fee, | 10 | | fine, other sanction, or costs imposed, remaining unpaid after | 11 | | the exhaustion of or the failure to exhaust judicial review | 12 | | procedures under the Illinois Administrative Review Law are a | 13 | | debt due and owing the county for a violation of a county | 14 | | ordinance, or the participating unit of local government for a | 15 | | violation of a participating unit of local government's | 16 | | ordinance, and may be collected in accordance with applicable | 17 | | law. | 18 | | (b) After expiration of the period in which judicial review | 19 | | under the Illinois Administrative Review Law may be sought for | 20 | | a final determination of a code violation, unless stayed by a | 21 | | court of competent jurisdiction, the findings, decision, and | 22 | | order of the hearing officer may be enforced in the same manner | 23 | | as a judgment entered by a court of competent jurisdiction. |
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| 1 | | (c) In any case in which a defendant has failed to comply | 2 | | with a judgment ordering a defendant to correct a code | 3 | | violation or imposing any non-real property tax, fee, fine , or | 4 | | other sanction as a result of a code violation, any expenses | 5 | | incurred by a county for a violation of a county ordinance, or | 6 | | the participating unit of local government for a violation of a | 7 | | participating unit of local government's ordinance, to enforce | 8 | | the judgment, including, but not limited to, attorney's fees, | 9 | | court costs, and costs related to property demolition or | 10 | | foreclosure, after they are fixed by a court of competent | 11 | | jurisdiction or a hearing officer, shall be a debt due and | 12 | | owing the county for a violation of a county ordinance, or the | 13 | | participating unit of local government for a violation of a | 14 | | participating unit of local government's ordinance, and the | 15 | | findings, decision, and order of the hearing officer may be | 16 | | enforced in the same manner as a judgment entered by a court. | 17 | | Prior to any expenses being fixed by a hearing officer pursuant | 18 | | to this subsection (c), the county for a violation of a county | 19 | | ordinance, or the participating unit of local government for a | 20 | | violation of a participating unit of local government's | 21 | | ordinance, shall provide notice to the defendant that states | 22 | | that the defendant shall appear at a hearing before the | 23 | | administrative hearing officer to determine whether the | 24 | | defendant has failed to comply with the judgment. The notice | 25 | | shall set the date for the hearing, which shall not be less | 26 | | than 7 days after the date that notice is served. If notice is |
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| 1 | | served by mail, the 7-day period shall begin to run on the date | 2 | | that the notice was deposited in the mail. | 3 | | (c-5) A default in the payment of a non-real property tax, | 4 | | fee, fine , or penalty or any installment of a non-real property | 5 | | tax, fee, fine , or penalty may be collected by any means | 6 | | authorized for the collection of monetary judgments. The | 7 | | State's Attorney state's attorney of the county in which the | 8 | | non-real property tax, fee, fine , or penalty was imposed may | 9 | | retain attorneys and private collection agents for the purpose | 10 | | of collecting any default in payment of any non-real property | 11 | | tax, fee, fine , or penalty or installment of that non-real | 12 | | property tax, fee, fine , or penalty. Any fees or costs incurred | 13 | | by the county or participating unit of local government with | 14 | | respect to attorneys or private collection agents retained by | 15 | | the State's Attorney state's attorney under this Section shall | 16 | | be charged to the offender. | 17 | | (d) Upon being recorded in the manner required by Article | 18 | | XII of the Code of Civil Procedure or by the Uniform Commercial | 19 | | Code, a lien shall be imposed on the real estate or personal | 20 | | estate, or both, of the defendant in the amount of any debt due | 21 | | and owing the county for a violation of a county ordinance, or | 22 | | the participating unit of local government for a violation of a | 23 | | participating unit of local government's ordinance, under this | 24 | | Section. The lien may be enforced in the same manner as a | 25 | | judgment lien pursuant to a judgment of a court of competent | 26 | | jurisdiction. |
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| 1 | | (e) A hearing officer may set aside any judgment entered by | 2 | | default and set a new hearing date, upon a petition filed | 3 | | within 21 days after the issuance of the order of default, if | 4 | | the hearing officer determines that the petitioner's failure to | 5 | | appear at the hearing was for good cause or at any time if the | 6 | | petitioner establishes that the county for a violation of a | 7 | | county ordinance, or the participating unit of local government | 8 | | for a violation of a participating unit of local government's | 9 | | ordinance, did not provide proper service of process. If any | 10 | | judgment is set aside pursuant to this subsection (e), the | 11 | | hearing officer shall have authority to enter an order | 12 | | extinguishing any lien that has been recorded for any debt due | 13 | | and owing the county for a violation of a county ordinance, or | 14 | | the participating unit of local government for a violation of a | 15 | | participating unit of local government's ordinance, as a result | 16 | | of the vacated default judgment.
| 17 | | (Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, | 18 | | eff. 1-1-17; revised 9-21-16.)
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