(65 ILCS 5/1-2.1-8)
Sec. 1-2.1-8.
Enforcement of judgment.
(a) Any fine, other sanction, or costs imposed, or part of any fine, other
sanction, or costs imposed, remaining unpaid after the exhaustion of or the
failure to exhaust judicial review procedures under the Illinois Administrative
Review Law are a debt due and owing the municipality and may be collected in
accordance with applicable law.
(b) After expiration of the period in which judicial review under the
Illinois Administrative Review Law may be sought for a final determination of a
code violation, unless stayed by a court of competent jurisdiction, the
findings, decision, and order of the hearing officer may be enforced in the
same manner as a judgment entered by a court of competent jurisdiction.
(c) In any case in which a defendant has failed
to comply with a judgment ordering a defendant to correct a code violation or
imposing any fine or other sanction as a result of a code violation, any
expenses incurred by a municipality to enforce the judgment, including, but not
limited to, attorney's fees, court costs, and costs related to property
demolition or foreclosure, after they are fixed by a court of competent
jurisdiction or a hearing officer, shall be
a debt due and owing the municipality and may be collected in accordance with
applicable law.
Prior to any expenses being fixed by a hearing officer pursuant to this
subsection (c), the municipality shall provide notice to the defendant that
states that the defendant shall appear at a hearing before the administrative
hearing officer to determine whether the defendant has failed to comply with
the judgment. The notice shall set the date for such a hearing, which shall
not be less than 7 days from the date that notice is served. If notice is
served by mail, the 7-day period shall begin to run on the date that the notice
was deposited in the mail.
(d) Upon being recorded in the manner required by Article XII of the Code of
Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on
the
real estate or personal estate, or both,
of the defendant in the amount of any debt due and owing the municipality under
this Section. The lien may be enforced in the same manner as a
judgment lien pursuant to a judgment of a court of
competent jurisdiction.
(e) A hearing officer may set aside any judgment entered by default and set
a new hearing date, upon a petition filed within 21 days after the issuance of
the
order of default, if the hearing officer determines that the petitioner's
failure to appear at the hearing was for good cause or at any time if the
petitioner establishes that the municipality did not provide proper service of
process.
If any judgment is set aside pursuant to this subsection (e), the hearing
officer shall have authority to enter an order extinguishing any lien which has
been recorded for any debt due and owing the municipality as a result of the
vacated default judgment.
(Source: P.A. 90-516, eff. 1-1-98.)
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