Full Text of SB2656 94th General Assembly
SB2656 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2656
Introduced 1/20/2006, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
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Amends the Township Code. Provides that a township may prescribe rules and regulations, including a property maintenance code, to govern the maintenance of all property, buildings, and structures within the township but outside the territory of any municipality. Also provides that a township may establish a code hearing unit to enforce this Section. Contains other provisions. Effective immediately.
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A BILL FOR
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SB2656 |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Township Code is amended by adding Section | 5 |
| 85-60 as follows: | 6 |
| (60 ILCS 1/85-60 new) | 7 |
| Sec. 85-60. Property maintenance code.
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| (a) A township may prescribe by ordinance reasonable rules | 9 |
| and regulations, including a property maintenance code, to | 10 |
| govern the maintenance of all property, buildings, and | 11 |
| structures within the township but outside the territory of any | 12 |
| municipality, to ensure that property, buildings, and | 13 |
| structures are kept in a clean, safe, and sanitary condition | 14 |
| and to correct defects or deterioration in building components | 15 |
| and surface improvements. A township is authorized to exercise | 16 |
| this power concurrently with a county, provided that the | 17 |
| township's rules or regulations may not be less restrictive | 18 |
| than the rules or regulations adopted by the county in which | 19 |
| the township is located. | 20 |
| (b) A township may adopt by reference any published | 21 |
| compilation of rules and regulations for the maintenance of | 22 |
| property, buildings, and structures in a safe, clean, and | 23 |
| sanitary condition prepared by a nationally recognized | 24 |
| technical trade or service association in order to eliminate | 25 |
| defects in buildings, structures, and surface improvements | 26 |
| that are detrimental to the public health, safety, morals, and | 27 |
| welfare. A township may adopt by reference all or part of the | 28 |
| provisions of those rules and regulations, without setting | 29 |
| forth the provisions in full, if at least one copy of those | 30 |
| rules and regulations is filed with the clerk of the township | 31 |
| not less than 30 days before the adoption of the resolution or | 32 |
| ordinance that incorporates the rules and regulations by |
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| reference. Any amendment that may be made to any rules and | 2 |
| regulations adopted by reference by a township under this Act | 3 |
| may likewise be adopted by reference provided that the required | 4 |
| number of amended or corrected copies are filed with the clerk | 5 |
| of the township for inspection, use, and examination by the | 6 |
| public for a period of at least 30 days before the adoption of | 7 |
| such amendment by reference. | 8 |
| (c) The corporate authorities of any township that adopts a | 9 |
| property maintenance code may also establish a Code Hearing | 10 |
| Unit to expedite the prosecution and correction of property | 11 |
| code violations in the manner set forth in this Section. The | 12 |
| establishment of a Code Hearing Unit under this Section shall | 13 |
| not preclude the township from using other methods to enforce | 14 |
| the provisions of its property maintenance code.
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| (d) When a township enforcement officer observes or | 16 |
| otherwise discovers a property maintenance code violation, he | 17 |
| or she shall record the violation on a violation notice and | 18 |
| report form that indicates (i) the name and address of the | 19 |
| respondent property owner, if known, (ii) the type and nature | 20 |
| of the violation, (iii) the date and time the violation was | 21 |
| observed, (iv) the address of the location or property where | 22 |
| the violation was observed, and (v) the names of any witnesses | 23 |
| to the violation. The violation notice and report form shall be | 24 |
| forwarded to the Code Hearing Department where a docket number | 25 |
| shall be stamped on all copies of the report and a hearing date | 26 |
| shall be noted in the blank spaces provided for that purpose on | 27 |
| the form. The hearing date shall not be less than 21 nor more | 28 |
| than 60 days after the violation is reported. The violation | 29 |
| notice and report form shall state that failure to appear at | 30 |
| the hearing on the date indicated may result in a determination | 31 |
| of liability for the cited violation, the imposition of fines, | 32 |
| assessment of costs as provided by the township property | 33 |
| maintenance code, and an order requiring that the violation be | 34 |
| corrected. A copy of the violation notice and report form shall | 35 |
| be served upon the respondent property owner either personally | 36 |
| or by first class mail, postage prepaid, sent to the address of |
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| the respondent. If the name or address of the respondent | 2 |
| property owner cannot be ascertained, or if service on the | 3 |
| respondent property owner cannot be made by mail, service may | 4 |
| be made on the respondent property owner by posting one copy of | 5 |
| the violation notice and report form on the front door of the | 6 |
| structure where the violation is found not less than 14 days | 7 |
| before the hearing is scheduled, and by mailing one copy of the | 8 |
| violation notice and report form not less than 14 days before | 9 |
| the hearing is scheduled to the person identified as the | 10 |
| taxpayer of record for the property at the address listed for | 11 |
| that person in the county collector's books for the last year | 12 |
| in which taxes were paid. | 13 |
| (e) If on the date set for hearing the respondent property | 14 |
| owner or his attorney fails to appear, the hearing officer may | 15 |
| find the respondent in default and shall proceed with the | 16 |
| hearing and accept evidence relevant to the existence of a | 17 |
| property maintenance code violation. The case for the township | 18 |
| may be presented by the township enforcement officer, by any | 19 |
| other township employee, or by an attorney designated by the | 20 |
| township. The case for the property owner may be presented by | 21 |
| the property owner or by his or her attorney. A hearing officer | 22 |
| shall hear testimony and accept any evidence relevant to the | 23 |
| existence or non-existence of a property maintenance code | 24 |
| violation. The strict rules of evidence applicable to judicial | 25 |
| proceedings shall not apply to hearing authorized by this | 26 |
| Section. No continuances may be authorized by the hearing | 27 |
| officer in proceedings under this Section except in cases where | 28 |
| a continuance is absolutely necessary to protect the rights of | 29 |
| the respondent property owner. Lack of preparation shall not be | 30 |
| grounds for a continuance. Any continuance authorized by a | 31 |
| hearing officer under this Section shall not exceed 40 days. | 32 |
| (f) At the conclusion of the hearing the hearing officer | 33 |
| shall make a determination on the basis of the evidence | 34 |
| presented at the hearing as to whether or not a property | 35 |
| maintenance code violation exists. The determination shall be | 36 |
| in writing and shall contain findings, decision, and order. The |
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| findings, decision, and order shall include the hearing | 2 |
| officer's findings of fact, a decision on whether or not a code | 3 |
| violation exists based upon the findings of fact, and an order, | 4 |
| ordering the owner to correct the violation or dismissing the | 5 |
| case if a violation is not proved. If a code violation is | 6 |
| proved, the order may also impose the sanctions that are | 7 |
| provided for the violation in the township property maintenance | 8 |
| code. A monetary sanction or fine for a property maintenance | 9 |
| code violation under this Section shall not exceed $750. A copy | 10 |
| of the findings, determination, and order must be served on the | 11 |
| respondent property owner within 7 days after it is issued. | 12 |
| Service shall be in the same manner as the violation notice and | 13 |
| report form are served. Payment of any sanction or fine and the | 14 |
| disposition of fine money shall be in the manner set forth in | 15 |
| the code, unless the corporate authorities of the township | 16 |
| provide otherwise. | 17 |
| (g) The findings, decision, and order of the hearing | 18 |
| officer are subject to review in the circuit court of the | 19 |
| county where the township is located. The provisions of the | 20 |
| Administrative Review Law and the rules adopted pursuant | 21 |
| thereto shall apply to and govern every action for the judicial | 22 |
| review of the findings, decision, and order of a hearing | 23 |
| officer under this Section. | 24 |
| (h) Any fine, sanction, or cost imposed, or a part of any | 25 |
| fine, sanction, or cost imposed that remains unpaid after | 26 |
| judicial review procedures under the Administrative Review Law | 27 |
| are exhausted shall be a debt due and owing to the township and | 28 |
| may be collected in accordance with applicable law. The order | 29 |
| to correct a property maintenance code violation and the fine, | 30 |
| sanction, or cost imposed by a township as the result of a | 31 |
| finding of a code violation under this Section shall attach to | 32 |
| the property as a lien on the real estate, as well as apply to | 33 |
| the owner of the property. The township shall file a notice of | 34 |
| lien in the office of the recorder in the county in which the | 35 |
| real estate is located. Any subsequent transferee or owner of | 36 |
| property takes title subject to the lien and to the findings, |
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| decision, and order of the hearing officer under this Section | 2 |
| if a notice consisting of a copy of the order to correct a code | 3 |
| violation and imposing any sanctions, fines, or costs, and a | 4 |
| description of the real estate affected sufficient for the | 5 |
| identification of the real estate, has been filed in the office | 6 |
| of the recorder in the county in which the real estate is | 7 |
| located prior to the transfer or conveyance of the property to | 8 |
| the subsequent transferee or owner. | 9 |
| (i) After expiration of the period within which judicial | 10 |
| review under the Administrative Review Law may be sought for a | 11 |
| final determination of the code violation, the township may | 12 |
| commence a proceeding in the circuit court of the county where | 13 |
| the township is located for a judgment on the findings, | 14 |
| decision, and order. Upon commencement of the action, the | 15 |
| township shall file a certified copy of the findings, decision, | 16 |
| and order, which shall be accompanied by a certification that | 17 |
| recites facts sufficient to show that the findings, decision, | 18 |
| and order was issued in accordance with this Section and the | 19 |
| applicable township ordinance. Service of the summons and a | 20 |
| copy of the petition may be by any method provided by Section | 21 |
| 2-203 of the Code of Civil Procedure or by certified mail, | 22 |
| return receipt requested, provided that the total amount of | 23 |
| fines, sanctions, and costs imposed by the findings, decision | 24 |
| and order does not exceed $2,500. If the court is satisfied | 25 |
| that the findings, decision, and order were entered in | 26 |
| accordance with the requirements of this Section and the | 27 |
| applicable township ordinance, and that the property owner had | 28 |
| an opportunity for a hearing under this Section and for | 29 |
| judicial review as provided in this Section: (1) the court | 30 |
| shall render judgment in favor of the township and against the | 31 |
| property owner for the amount indicated in the findings, | 32 |
| decision, and order, plus costs; and (2) the court may also | 33 |
| issue such other orders and injunctions as are requested by the | 34 |
| township to enforce the order of the hearing officer.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.
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