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Full Text of SB2164  97th General Assembly

SB2164 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2164

 

Introduced 2/10/2011, by Sen. Dave Syverson

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-19.2-2  from Ch. 24, par. 11.19.2-2
65 ILCS 5/11-19.2-3  from Ch. 24, par. 11-19.2-3
65 ILCS 5/11-19.2-4  from Ch. 24, par. 11-19.2-4
65 ILCS 5/11-19.2-5  was 65 ILCS 5/19.2-5
65 ILCS 5/11-19.2-6  from Ch. 24, par. 11-19.2-6
65 ILCS 5/11-19.2-7  from Ch. 24, par. 11-19.2-7
65 ILCS 5/11-19.2-8  from Ch. 24, par. 11-19.2-8
65 ILCS 5/11-19.2-9  from Ch. 24, par. 11-19.2-9
65 ILCS 5/11-19.2-10  from Ch. 24, par. 11-19.2-10
65 ILCS 5/11-19.2-11  from Ch. 24, par. 11-19.2-11
65 ILCS 5/11-19.2-11.1 new
65 ILCS 5/11-19.2-12  from Ch. 24, par. 11-19.2-12
65 ILCS 5/11-31.1-2  from Ch. 24, par. 11-31.1-2
65 ILCS 5/11-31.1-3  from Ch. 24, par. 11-31.1-3
65 ILCS 5/11-31.1-4  from Ch. 24, par. 11-31.1-4
65 ILCS 5/11-31.1-5  from Ch. 24, par. 11-31.1-5
65 ILCS 5/11-31.1-6  from Ch. 24, par. 11-31.1-6
65 ILCS 5/11-31.1-9  from Ch. 24, par. 11-31.1-9
65 ILCS 5/11-31.1-10  from Ch. 24, par. 11-31.1-10
65 ILCS 5/11-31.1-11  from Ch. 24, par. 11-31.1-11
65 ILCS 5/11-31.1-11.1  from Ch. 24, par. 11-31.1-11.1
65 ILCS 5/11-31.1-12  from Ch. 24, par. 11-31.1-12
65 ILCS 5/11-19.2-13 rep.

    Amends the Illinois Municipal Code. Provides that any county or municipality may establish a code hearing unit. Sets forth requirements for hearing proceedings, notices, subpoenas, continuances, evidence at hearings, rights of occupants in eviction proceedings, defenses, findings and decisions, administrative review, judgments, and sanctions concerning sanitation and building code violations. Repeals a provision concerning the adoption of the Division by a municipality. Effective immediately.


LRB097 09152 KMW 49287 b

 

 

A BILL FOR

 

SB2164LRB097 09152 KMW 49287 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Sections 11-19.2-2, 11-19.2-3, 11-19.2-4, 11-19.2-5,
619.2-5, 11-19.2-6, 11-19.2-7, 11-19.2-8, 11-19.2-9,
711-19.2-10, 11-19.2-11, 11-19.2-12, 11-31.1-2, 11-31.1-3,
811-31.1-4, 11-31.1-5, 11-31.1-6, 11-31.1-9, 11-31.1-10,
911-31.1-11, 11-31.1-11.1, and 11-31.1-12 and by adding Section
1011-19.2-11.1 as follows:
 
11    (65 ILCS 5/11-19.2-2)  (from Ch. 24, par. 11.19.2-2)
12    Sec. 11-19.2-2. Code hearing unit. The corporate
13authorities or county board of any county or municipality
14having a population of 100,000 or more inhabitants may
15establish by ordinance a code hearing unit within an existing
16code enforcement agency or as a separate and independent agency
17in the municipal government. The function of the code hearing
18unit is to expedite the prosecution and correction of code
19violations in the manner set forth in this Division.
20(Source: P.A. 86-1364.)
 
21    (65 ILCS 5/11-19.2-3)  (from Ch. 24, par. 11-19.2-3)
22    Sec. 11-19.2-3. Hearing procedures not exclusive. In any

 

 

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1municipality where this Division is adopted, this Division
2shall not preclude the municipality from using other methods to
3enforce the provisions of its Code, provided the county or
4municipality adheres to the requirements of notification and
5response to notice as defined in this Division.
6(Source: P.A. 86-1364.)
 
7    (65 ILCS 5/11-19.2-4)  (from Ch. 24, par. 11-19.2-4)
8    Sec. 11-19.2-4. Instituting code hearing proceedings. When
9a sanitation inspector observes or otherwise discovers a code
10violation, he shall note the violation on a violation notice
11and report form citing the language of the code which is
12alleged to be in violation and a description of the
13circumstances present on the property that violates the code,
14indicating the name and address of the structure owner
15respondent, if known, the name, address and State vehicle
16registration number of the waste hauler who deposited the
17waste, if applicable, the type and nature of the violation, the
18date and time the violation was observed, the names of
19witnesses to the violation, and the address of the location or
20property where the violation is observed.
21    The violation report form shall be forwarded by the
22building inspector to the Code Hearing Department where a
23Docket number shall be stamped on all copies of the report. The
24notice and report shall contain a date by which the violation
25is to be corrected which is reasonable considering the nature

 

 

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1of the violation, its effect on public health and safety, and
2respondent's ability to comply by the date due to factors
3outside of the respondent's control. The notice and report
4shall also contain a subsequent hearing date noted in the blank
5spaces provided for that purpose on the form. The hearing date
6shall not be less than 7 days or more than 40 days after the
7ordered date of compliance. The violation notice and report
8form shall state that:
9    (1) If compliance can not be completed prior to the ordered
10date then the respondent shall provide to the inspector prior
11to the ordered date of compliance, a proposed written statement
12showing cause for the continued violation and a request for an
13extension of date by which violations will be corrected.
14    (2) If the respondent who claims responsibility for the
15violation is a lessee or person asserting property rights under
16a contract with the title holders, then the respondent shall
17provide the inspector with contact information of the person
18responsible for maintaining the property so the person
19responsible for the violation may be included in the order to
20comply and appear at the hearing.
21    (3) Failure to appear at the hearing on the date indicated
22may result in a determination of liability for the cited
23violation and the imposition of fines and assessment of costs
24as provided by the applicable municipal ordinance.
25One copy of the violation report form shall be maintained in
26the files of the Code Hearing Department and shall be part of

 

 

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1the 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 county or municipality in which the structure is
8situated has an ordinance requiring property owners to register
9with the county or municipality or owners have voluntarily
10provided a contact address in a manner that can be documented,
11service shall be made on the owner in person or by mailing the
12report and summons to the address provided by the owner. If the
13name of the owner of the structure cannot be ascertained,
14service may be made on the owner by posting or nailing a copy
15of the violation report form on the front door of the structure
16where the violation is found and by certified mail to the
17address which appear on the property tax records, not less than
1820 days before the hearing is scheduled. The violation notice
19and report form shall contain a file number and a hearing date
20noted by the sanitation inspector in the blank spaces provided
21for that purpose on the form. The violation notice and report
22form shall state that failure to appear at the hearing on the
23date indicated may result in a determination of liability for
24the cited violation and the imposition of fines and assessment
25of costs as provided by the applicable municipal ordinance. The
26violation notice and report form shall also state that upon a

 

 

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1determination of liability and the exhaustion or failure to
2exhaust procedures for judicial review, any unpaid fines or
3costs imposed will constitute a debt due and owing the
4municipality.
5    A copy of the violation notice and report form shall be
6served upon the respondent either personally or by first class
7mail, postage prepaid, and sent to the address of the
8respondent. If the municipality has an ordinance requiring all
9or certain property owners to register with the municipality,
10service may be made on the respondent property owner by mailing
11the violation notice and report to the owner's address
12registered with the municipality. If the name of the respondent
13property owner cannot be ascertained or if service on such
14respondent cannot be made by mail, service may be made on the
15respondent property owner by posting a copy of the violation
16notice and report form in a prominent place upon the property
17where the violation is found, not less than 10 days before the
18hearing is scheduled.
19(Source: P.A. 86-1364.)
 
20    (65 ILCS 5/11-19.2-5)  (was 65 ILCS 5/19.2-5)
21    Sec. 11-19.2-5. Subpoenas - Defaults. At any time prior to
22the hearing date the hearing officer assigned to hear the case
23may, at the request of the sanitation inspector or the attorney
24for the municipality, or the respondent or his attorney, issue
25subpoenas directing witnesses to appear and give testimony at

 

 

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1the hearing. If on the date set for hearing the owner
2respondent or his attorney fails to appear and the inspector
3provides evidence of proper procedure for notice, the hearing
4officer may find the respondent in default and shall proceed
5with the hearing and accept evidence relating to the existence
6of a code violation.
7(Source: P.A. 95-331, eff. 8-21-07.)
 
8    (65 ILCS 5/11-19.2-6)  (from Ch. 24, par. 11-19.2-6)
9    Sec. 11-19.2-6. Continuances - Representation at code
10hearings. No continuances shall be authorized by the hearing
11officer in proceedings under this Division except in cases
12where a continuance is absolutely necessary to protect the
13rights of the owner or if the hearing officer determines the
14respondent's request for an extension of the compliance date is
15justified. Lack of preparation shall not be grounds for a
16continuance. Any continuance authorized by a hearing officer
17under this Division shall not exceed 25 days. The case for the
18municipality may be presented by the building inspector, by any
19other municipal employee, or by an attorney designated by the
20municipality. However, in no event shall the case for the
21municipality be presented by an employee of the Code Hearing
22Department. The case for the dwelling owner may be presented by
23the owner, his attorney, or any other agent or representative.
24The case for the municipality may be presented by the
25sanitation inspector, by any other municipal employee or by an

 

 

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1attorney designated by the municipality. However, in no event
2shall the case for the municipality be presented by an employee
3of the code hearing unit. The case for the respondent may be
4presented by the respondent, his attorney, or any other agent
5or representative.
6(Source: P.A. 86-1364.)
 
7    (65 ILCS 5/11-19.2-7)  (from Ch. 24, par. 11-19.2-7)
8    Sec. 11-19.2-7. Hearing - Evidence. At the hearing, the The
9hearing officer shall preside and at the hearing, shall hear
10testimony and accept any evidence relevant to the existence or
11non-existence of a code violation in the structure upon the
12property indicated. The sanitation inspector's signed
13violation notice and report form shall be prima facie evidence
14of the existence of the code violation described therein. The
15strict rules of evidence applicable to judicial proceedings
16shall not apply to hearings authorized under this Division.
17(Source: P.A. 86-1364.)
 
18    (65 ILCS 5/11-19.2-8)  (from Ch. 24, par. 11-19.2-8)
19    Sec. 11-19.2-8. Eviction - Rights of the occupants.
20Findings, Decision, and Order. No action for eviction,
21abatement of a nuisance, forcible entry and detainer or other
22similar proceeding shall be threatened or instituted against an
23occupant of a dwelling solely because such occupant agrees to
24testify or testifies at a code violation hearing. At the

 

 

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1conclusion of the hearing the hearing officer shall make a
2determination on the basis of the evidence presented at the
3hearing whether or not a code violation exists. The
4determination shall be in writing and shall be designated as
5the findings, decision and order. The findings, decision and
6order shall include the hearing officer's findings of fact, a
7decision whether or not a code violation exists based upon the
8findings of fact, and an order, imposing a fine or other
9penalty, directing the respondent to correct the violation, or
10dismissing the case in the event the violation is not proved.
11If the hearing officer determines that the respondent is liable
12for the cited violation, the hearing officer shall enter an
13order imposing sanctions that are provided in the code for the
14violations proved, including the imposition of fines and
15recovery of the costs of the proceedings, which costs shall be
16enforced in like manner as the enforcement of fines and
17penalties. A copy of the findings, decision and order shall be
18served by personal service or by any method provided for
19service of the violation notice and report form pursuant to
20Section 11-19.2-4. Payment of any penalty, fine or costs of the
21proceedings and the disposition of such money shall be in the
22same manner as set forth in this Code, unless the corporate
23authorities establishing a code hearing unit by ordinance
24provide otherwise.
25(Source: P.A. 86-1364.)
 

 

 

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1    (65 ILCS 5/11-19.2-9)  (from Ch. 24, par. 11-19.2-9)
2    Sec. 11-19.2-9. Defenses to code violations.
3Administrative review. It shall be a defense to a code
4violation charged under this Division if the owner, his
5attorney, or any other agent or representative proves to the
6hearing officer's satisfaction that:
7    (a) The code violation alleged in the notice does not in
8fact exist, or at the time of the hearing the violation has
9been remedied or removed;
10    (b) The code violation has been caused by the current
11property occupants and that in spite of reasonable attempts by
12the owner to maintain the dwelling free of such violations, the
13current occupants continue to cause the violations;
14    (c) An occupant or resident of the dwelling has refused
15entry to the owner or his agent to all or a part of the dwelling
16for the purpose of correcting the code violation;
17    (d) The property or portion of the property where the
18violation exists is under the control of a lessee or contract
19buyer responsible for maintaining the property and that the
20leasehold interest or contract purchase is being terminated.
21The findings, decision and order of the hearing officer shall
22be subject to review in the circuit court of the county where
23the municipality is located, and the provisions of the
24Administrative Review Law, and all amendments and
25modifications thereto, and the rules adopted pursuant thereto
26are adopted and shall apply to and govern every action for the

 

 

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1judicial review of the final findings, decision and order of a
2hearing officer under this Division.
3(Source: P.A. 86-1364.)
 
4    (65 ILCS 5/11-19.2-10)  (from Ch. 24, par. 11-19.2-10)
5    Sec. 11-19.2-10. Findings, decision, order. Sanctions
6appropriate to owner - property. At the conclusion of the
7hearing the hearing officer shall make a determination on the
8basis of the evidence presented at the hearing whether or not a
9code violation exists. The determination shall be in writing
10and shall be designated as findings, decision and order. The
11findings, decision and order shall include the hearing
12officer's findings of fact, a decision whether or not a code
13violation exists based upon the findings of fact, an order
14demanding the owner or person responsible for the violation to
15correct the violation, and an order, ordering the owner to
16correct the violation or dismissing the case, in the event a
17violation is not proved. If a code violation is proved, the
18order may also impose the sanctions that are provided in the
19code for the violation proved against the owner or the person
20determined to be responsible for the violation or both the
21owner and the person responsible for the violation. A copy of
22the findings, decision, and order shall be served on the owner
23within 5 days after they are issued; service on the owner shall
24be in the same manner as the report form and summons are served
25pursuant to Section 11-31.1-4. Service on a person other than

 

 

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1the owner who has been determined as being responsible for the
2continued violation shall be made at the property where the
3violation exists and any other address identified to the
4hearing officer as appropriate for contact to the responsible
5person. Payment of any penalty or fine and the disposition of
6fine money shall be in the same manner as set forth in the
7code, unless the corporate authorities adopting this Division
8provide otherwise. The order to correct a code violation and
9the sanctions imposed by a municipality against a respondent
10property owner as the result of a finding of a code violation
11under this Division shall attach to the property as well as the
12owner of the property, so that the finding of a code violation
13against one owner cannot be avoided by conveying or
14transferring the property to another owner. Any subsequent
15transferee or owner of property takes subject to the findings,
16decision and order of a hearing officer under this Division if
17a notice consisting of a copy of the order to correct a code
18violation and imposing any sanctions and costs, if applicable,
19and a description of the real estate affected sufficient for
20the identification thereof, has been filed in the office of the
21Recorder or the office of the Registrar of Titles in the county
22in which such real estate is located by the municipality prior
23to the transfer or conveyance to the subsequent transferee or
24owner.
25(Source: P.A. 86-1364.)
 

 

 

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1    (65 ILCS 5/11-19.2-11)  (from Ch. 24, par. 11-19.2-11)
2    Sec. 11-19.2-11. Administrative review. The findings,
3decision and order of the hearing officer shall be subject to
4review in the circuit court of the county where the county or
5municipality is located, and the provisions of the
6Administrative Review Law, and all amendments and
7modifications thereto, and the rules adopted pursuant thereto
8are adopted and shall apply to and govern every action for the
9judicial review of the final findings, decision and order of a
10hearing officer under this Division. (a) A person who contracts
11with the federal government or any of its agencies, including
12without limitation the Department of Housing and Urban
13Development, to care for vacant residential real estate shall
14be responsible for maintaining the property to prevent and
15correct municipal health and sanitation code violations.
16    (b) A person who violates this Section shall be subject to
17the findings, decision and order of the hearing officer as
18provided in this Division.
19    (c) A person who intentionally violates this Section is
20guilty of a business offense and shall be fined not less than
21$501 and not more than $1,000.
22(Source: P.A. 86-1364.)
 
23    (65 ILCS 5/11-19.2-11.1 new)
24    Sec. 11-19.2-11.1. Judgment on findings, decision, order.
25    (a) Any fine, other sanction or costs imposed, or part of

 

 

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1any fine, other sanction or costs imposed remaining unpaid
2after the exhaustion of, or the failure to exhaust, judicial
3review procedures under the Administrative Review Law shall be
4a debt due and owing the county or municipality and, as such,
5may be collected in accordance with applicable law.
6    (b) After expiration of the period within which judicial
7review under the Administrative Review Law may be sought for a
8final determination of the code violation, the county or
9municipality may commence a proceeding in the circuit court of
10the county where the county or municipality is located for
11purposes of obtaining a judgment on the findings, decision and
12order. Nothing in this Section shall prevent a county or
13municipality from consolidating multiple findings, decisions
14and orders against a person in such a proceeding. Upon
15commencement of the action, the county or municipality shall
16file a certified copy of the findings, decision and order,
17which shall be accompanied by a certification that recites
18facts sufficient to show that the findings, decision and order
19was issued in accordance with this Division and the applicable
20municipal ordinance. Service of the summons and a copy of the
21petition may be by any method provided by Section 2-203 of the
22Code of Civil Procedure or by certified mail, return receipt
23requested, provided that the total amount of fines, other
24sanctions and costs imposed by the findings, decision and order
25does not exceed $2500. If the court is satisfied that the
26findings, decision and order were entered in accordance with

 

 

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1the requirements of this Division and the applicable county or
2municipal ordinance, and that the property owner had an
3opportunity for a hearing under this Division and for judicial
4review as provided in this Division: (1) the court shall render
5judgment in favor of the county or municipality and against the
6property owner for the amount indicated in the findings,
7decision and order, plus costs. Such judgment shall have the
8same effect and may be enforced in the same manner as other
9judgments for the recovery of money; and (2) the court may also
10issue such other orders and injunctions as are requested by the
11county or municipality to enforce the order of the hearing
12officer to correct a code violation.
 
13    (65 ILCS 5/11-19.2-12)  (from Ch. 24, par. 11-19.2-12)
14    Sec. 11-19.2-12. Sanctions applicable to owner - Property.
15The order to correct a code violation and the sanctions imposed
16by a county or municipality as the result of a finding of a
17code violation under this Division shall attach to the property
18so that a finding of a code violation against one owner cannot
19be avoided by conveying or transferring the property to another
20owner, to the owner of the property and to the person found to
21be responsible for the continuation of the violation. Any
22subsequent transferee or owner of property takes subject to the
23findings, decision and order of a hearing officer under this
24Division. (a) Any fine, other sanction or costs imposed, or
25part of any fine, other sanction or costs imposed remaining

 

 

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1unpaid after the exhaustion of, or the failure to exhaust,
2judicial review procedures under the Administrative Review Law
3shall be a debt due and owing the municipality and, as such,
4may be collected in accordance with applicable law. Any
5subsequent owner or transferee of property takes subject to
6this debt if a notice has been filed pursuant to Section
711-19.2-10.
8    (b) After expiration of the period within which judicial
9review under the Administrative Review Law may be sought for a
10final determination of the code violation, the municipality may
11commence a proceeding in the circuit court of the county where
12the municipality is located for purposes of obtaining a
13judgment on the findings, decision and order. Nothing in this
14Section shall prevent a municipality from consolidating
15multiple findings, decisions and orders against a person in
16such a proceeding. Upon commencement of the action, the
17municipality shall file a certified copy of the findings,
18decision and order, which shall be accompanied by a
19certification that recites facts sufficient to show that the
20findings, decision and order was issued in accordance with this
21Division and the applicable municipal ordinance. Service of the
22summons and a copy of the petition may be by any method
23provided by Section 2-203 of the Code of Civil Procedure or by
24certified mail, return receipt requested, provided that the
25total amount of fines, other sanctions and costs imposed by the
26findings, decision and order does not exceed $5,000. If the

 

 

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1court is satisfied that the findings, decision and order was
2entered in accordance with the requirements of this Division
3and the applicable municipal ordinance, and that the respondent
4had an opportunity for a hearing under this Division and for
5judicial review as provided in this Division:
6        (1) the court shall render judgment in favor of the
7    municipality and against the respondent for the amount
8    indicated in the findings, decision and order, plus court
9    costs. Such judgment shall have the same effect and may be
10    enforced in the same manner as other judgments for the
11    recovery of money; and
12        (2) the court may also issue such other orders or
13    injunctions or both requested by the municipality to
14    enforce the order of the hearing officer to correct a code
15    violation.
16(Source: P.A. 86-1364.)
 
17    (65 ILCS 5/11-31.1-2)  (from Ch. 24, par. 11-31.1-2)
18    Sec. 11-31.1-2. Code hearing unit department. The
19corporate authorities of any county or municipality may adopt
20this Division and establish by ordinance a Code Hearing Unit
21Department within an existing code enforcement agency or as a
22separate and independent agency in the county or municipal
23government. The function of the hearing department is to
24expedite the prosecution and correction of code violations in
25the manner set forth in this Division.

 

 

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1(Source: P.A. 88-37.)
 
2    (65 ILCS 5/11-31.1-3)  (from Ch. 24, par. 11-31.1-3)
3    Sec. 11-31.1-3. Hearing procedures not exclusive. In any
4county or municipality where this Division is adopted, this
5Division does not preclude the county or municipality from
6using other methods to enforce the provisions of its code,
7provided the county or municipality adheres to the requirements
8of notification and response to notice as defined in this
9Division.
10(Source: P.A. 86-1039.)
 
11    (65 ILCS 5/11-31.1-4)  (from Ch. 24, par. 11-31.1-4)
12    Sec. 11-31.1-4. Instituting code hearing proceedings. When
13a building inspector finds a code violation while inspecting a
14structure, he shall note the violation on a multiple copy
15violation notice and report form citing the language of the
16code which is alleged to be in violation and a description of
17the circumstances present on the property which violates the
18code, indicating the name and address of the structure owner,
19the type and nature of the violation, the date and time the
20violation was observed, the names of witnesses to the
21violation, and the address of the structure where the violation
22is observed.
23    The violation report form shall be forwarded by the
24building inspector to the Code Hearing Department where a

 

 

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1Docket number shall be stamped on all copies of the report. The
2notice and report shall contain a date by which the violation
3is to be corrected which is reasonable considering the nature
4of the violation, its effect on public health and safety, and
5respondent's ability to comply by the date due to factors
6outside of the respondent's control. The notice and report
7shall also contain a subsequent hearing date noted in the blank
8spaces provided for that purpose on the form. The hearing date
9shall not be less than 7 days or more than 40 days after the
10ordered date of compliance. The violation notice and report
11form shall state that:
12    (1) If compliance can not be completed prior to the ordered
13date then the respondent shall provide to the inspector prior
14to the ordered date of compliance, a proposed written statement
15showing cause for the continued violation and a request for an
16extension of date by which violations will be corrected.
17    (2) If the respondent who claims responsibility for the
18violation is a lessee or person asserting property rights under
19a contract with the title holders, then the respondent shall
20provide the inspector with contact information of the person
21responsible for maintaining the property so the person
22responsible for the violation may be included in the order to
23comply and appear at the hearing.
24    (3) Failure to appear at the hearing on the date indicated
25may result in a determination of liability for the cited
26violation and the imposition of fines and assessment of costs

 

 

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1as provided by the applicable municipal ordinance. , and a
2hearing date noted in the blank spaces provided for that
3purpose on the form. The hearing date shall not be less than 30
4nor more than 40 days after the violation is reported by the
5building inspector.
6    One copy of the violation report form shall be maintained
7in the files of the Code Hearing Department and shall be part
8of the record of hearing, one copy of the report form shall be
9returned to the building inspector so that he may prepare
10evidence of the code violation for presentation at the hearing
11on the date indicated, and one copy of the report form shall be
12served by first class mail on the owner of the structure, along
13with a summons commanding the owner to appear at the hearing.
14If the county or municipality in which the structure is
15situated has an ordinance requiring property owners to register
16with the county or municipality or owners have voluntarily
17provided a contact address in a manner that can be documented,
18service shall may be made on the owner by mailing the report
19and summons to the owner's address registered with the
20municipality. If the name of the owner of the structure cannot
21be ascertained or if service on the owner cannot be made by
22mail, service may be made on the owner by posting or nailing a
23copy of the violation report form on the front door of the
24structure where the violation is found and by certified mail to
25the address which appears on the property tax records, not less
26than 20 days before the hearing is scheduled.

 

 

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1(Source: P.A. 86-1039.)
 
2    (65 ILCS 5/11-31.1-5)  (from Ch. 24, par. 11-31.1-5)
3    Sec. 11-31.1-5. Subpoenas; Defaults. At any time prior to
4the hearing date the hearing officer assigned to hear the case
5may, at the request of the building inspector or the attorney
6for the county or municipality, or the owner or his attorney,
7issue subpoenas directing witnesses to appear and give
8testimony at the hearing. If on the date set for hearing the
9owner or his attorney fails to appear and the inspector
10provides evidence of proper procedure for notice, the hearing
11officer may find the owner in default and shall proceed with
12the hearing and accept evidence relevant to the existence of a
13code violation.
14(Source: P.A. 86-1039.)
 
15    (65 ILCS 5/11-31.1-6)  (from Ch. 24, par. 11-31.1-6)
16    Sec. 11-31.1-6. Continuances - Representation at code
17hearings. No continuances shall be authorized by the hearing
18officer in proceedings under this Division except in cases
19where a continuance is absolutely necessary to protect the
20rights of the owner or if the hearing officer determines the
21respondent's request for extension of compliance date is
22justified. Lack of preparation shall not be grounds for a
23continuance. Any continuance authorized by a hearing officer
24under this Division shall not exceed 25 days. The case for the

 

 

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1municipality may be presented by the building inspector, by any
2other municipal employee or by an attorney designated by the
3municipality. However, in no event shall the case for the
4municipality be presented by an employee of the Code Hearing
5Department. The case for the dwelling owner may be presented by
6the owner, his attorney, or any other agent or representative.
7(Source: Laws 1967, p. 1905.)
 
8    (65 ILCS 5/11-31.1-9)  (from Ch. 24, par. 11-31.1-9)
9    Sec. 11-31.1-9. Defenses to code violations. It shall be a
10defense to a code violation charged under this Division if the
11owner, his attorney, or any other agent or representative
12proves to the hearing officer's satisfaction that:
13    (a) The code violation alleged in the notice does not in
14fact exist, or at the time of the hearing the violation has
15been remedied or removed;
16    (b) The code violation has been caused by the current
17property occupants and that in spite of reasonable attempts by
18the owner to maintain the dwelling free of such violations, the
19current occupants continue to cause the violations;
20    (c) An occupant or resident of the dwelling has refused
21entry to the owner or his agent to all or a part of the dwelling
22for the purpose of correcting the code violation.
23    (d) The property or portion of the property where the
24violation exists is under the control of a lessee or contract
25buyer responsible for maintaining the property and that the

 

 

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1leasehold interest or contract purchase is being terminated.
2(Source: P.A. 89-372, eff. 1-1-96.)
 
3    (65 ILCS 5/11-31.1-10)  (from Ch. 24, par. 11-31.1-10)
4    Sec. 11-31.1-10. Findings, decision, order. At the
5conclusion of the hearing the hearing officer shall make a
6determination on the basis of the evidence presented at the
7hearing whether or not a code violation exists. The
8determination shall be in writing and shall be designated as
9findings, decision and order. The findings, decision and order
10shall include the hearing officer's findings of fact, a
11decision whether or not a code violation exists based upon the
12findings of fact, and an order, ordering the owner to correct
13the violation or dismissing the case, in the event a violation
14is not proved. If a code violation is proved, the order may
15also impose the sanctions that are provided in the code for the
16violation proved against the owner or the person determined to
17be responsible for the violation or both the owner and the
18person responsible for the violation. A copy of the findings,
19decision, and order shall be served on the owner within 5 days
20after they are issued; service on the owner shall be in the
21same manner as the report form and summons are served pursuant
22to Section 11-31.1-4. Service on a person other than the owner
23who has been determined as being responsible for the continued
24violation shall be made at the property where the violation
25exists and any other address identified to the hearing officer

 

 

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1as appropriate for contact to the responsible person. Payment
2of any penalty or fine and the disposition of fine money shall
3be in the same manner as set forth in the code, unless the
4corporate authorities adopting this Division provide
5otherwise.
6(Source: P.A. 86-1039.)
 
7    (65 ILCS 5/11-31.1-11)  (from Ch. 24, par. 11-31.1-11)
8    Sec. 11-31.1-11. Administrative review. The findings,
9decision and order of the hearing officer shall be subject to
10review in the circuit court of the county where the county or
11municipality is located, and the provisions of the
12Administrative Review Law, and all amendments and
13modifications thereto, and the rules adopted pursuant thereto
14are adopted and shall apply to and govern every action for the
15judicial review of the final findings, decision and order of a
16hearing officer under this Division.
17(Source: P.A. 82-783.)
 
18    (65 ILCS 5/11-31.1-11.1)  (from Ch. 24, par. 11-31.1-11.1)
19    Sec. 11-31.1-11.1. Judgment on findings, decision, order.
20    (a) Any fine, other sanction or costs imposed, or part of
21any fine, other sanction or costs imposed remaining unpaid
22after the exhaustion of, or the failure to exhaust, judicial
23review procedures under the Administrative Review Law shall be
24a debt due and owing the county or municipality and, as such,

 

 

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1may be collected in accordance with applicable law.
2    (b) After expiration of the period within which judicial
3review under the Administrative Review Law may be sought for a
4final determination of the code violation, the county or
5municipality may commence a proceeding in the circuit court of
6the county where the county or municipality is located for
7purposes of obtaining a judgment on the findings, decision and
8order. Nothing in this Section shall prevent a county or
9municipality from consolidating multiple findings, decisions
10and orders against a person in such a proceeding. Upon
11commencement of the action, the county or municipality shall
12file a certified copy of the findings, decision and order,
13which shall be accompanied by a certification that recites
14facts sufficient to show that the findings, decision and order
15was issued in accordance with this Division and the applicable
16county or municipal ordinance. Service of the summons and a
17copy of the petition may be by any method provided by Section
182-203 of the Code of Civil Procedure or by certified mail,
19return receipt requested, provided that the total amount of
20fines, other sanctions and costs imposed by the findings,
21decision and order does not exceed $2500. If the court is
22satisfied that the findings, decision and order were entered in
23accordance with the requirements of this Division and the
24applicable municipal ordinance, and that the property owner had
25an opportunity for a hearing under this Division and for
26judicial review as provided in this Division: (1) the court

 

 

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1shall render judgment in favor of the county or municipality
2and against the property owner for the amount indicated in the
3findings, decision and order, plus costs. Such judgment shall
4have the same effect and may be enforced in the same manner as
5other judgments for the recovery of money; and (2) the court
6may also issue such other orders and injunctions as are
7requested by the county or municipality to enforce the order of
8the hearing officer to correct a code violation.
9(Source: P.A. 89-372, eff. 1-1-96.)
 
10    (65 ILCS 5/11-31.1-12)  (from Ch. 24, par. 11-31.1-12)
11    Sec. 11-31.1-12. Sanctions applicable to owner - Property.
12The order to correct a code violation and the sanctions imposed
13by a county or municipality as the result of a finding of a
14code violation under this Division shall attach to the property
15as well as to the owner of the property, so that a finding of a
16code violation against one owner cannot be avoided by conveying
17or transferring the property to another owner, to the owner of
18the property, and to the person found to be responsible for the
19continuation of the violation. Any subsequent transferee or
20owner of property takes subject to the findings, decision and
21order of a hearing officer under this Division.
22(Source: Laws 1967, p. 1905.)
 
23    (65 ILCS 5/11-19.2-13 rep.)
24    Section 10. The Illinois Municipal Code is amended by

 

 

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1repealing Section 11-19.2-13.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.