Illinois General Assembly - Full Text of Public Act 096-1157
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Public Act 096-1157





Public Act 096-1157
HB5972 EnrolledLRB096 19979 RLJ 35460 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Counties Code is amended by changing Section
5-41020 and adding Section 5-41012 as follows:
    (55 ILCS 5/5-41012 new)
    Sec. 5-41012. Fine schedule. The county board of any county
that establishes a code hearing unit pursuant to this Division
5-41 may, by ordinance, establish a fine schedule for code
violations. The fine schedule must include (i) a determinate
fine for each code violation that may be voluntarily paid by a
respondent prior to his or her hearing date and (ii) the fine
that may otherwise be imposed for each code violation. The
amount of each fine must be based upon the nature of the
offense and the number of previous code violations a respondent
was convicted of committing for the same or a related offense.
    (55 ILCS 5/5-41020)
    Sec. 5-41020. Instituting proceedings.
    (a) When a code enforcement officer observes a code
violation, the officer shall note or, in the case of an animal
control violation, the code enforcement officer may respond to
the filing of a formal complaint by noting the violation on a
violation notice and report form, indicating the following: the
name and address of the respondent, if known; the name,
address, and state vehicle registration number of the waste
hauler who deposited the waste, if applicable; the type and
nature of the violation; the date and time the violation was
observed; the names of witnesses to the violation; and the
address of the location or property where the violation is
    (b) The violation notice and report form shall contain a
file number, and a hearing date, and, if approved by the county
board by ordinance, the amount of any fine that may be imposed
pursuant to an approved schedule of fines noted by the code
enforcement officer in the blank spaces provided for that
purpose on the form. The violation notice and report form shall
state that the respondent does not need to appear at the
hearing on the date indicated on the form if the respondent
pays the determinate fine in the amount set forth in the
county's approved fine schedule for the code violation. The
respondent must pay the determinate fine at least 5 days before
the hearing date indicated on the violation notice and report
form. The violation notice and report shall state that if the
respondent does not voluntarily pay the determinate fine in
accordance with the schedule of fines or fails failure to
appear at the hearing, if required, on the date indicated, then
the failure to pay or appear, if required, may result in a
determination of liability for the cited violation and the
imposition of fines and assessment of costs as provided by the
applicable county ordinance. The violation notice and report
shall also state that upon a determination of liability and the
exhaustion of or failure to exhaust procedures for judicial
review, any unpaid fines or costs imposed will constitute a
debt due and owed to the county.
    (c) A copy of the violation notice and report form shall be
served on the respondent either personally or by first class
mail, postage prepaid, sent to the address of the respondent.
If the name of the respondent property owner cannot be
ascertained or if service on the respondent cannot be made by
mail, service may be made on the respondent property owner by
posting, not less than 20 days before the hearing is scheduled,
a copy of the violation notice and report form in a prominent
place on the property where the violation is found. If the
violation notice and report form requires the respondent to
answer within a certain amount of time, the county must reply
to the answer within the same amount of time afforded to the
    (d) In lieu of a personal appearance at the hearing, a
county board may provide for the voluntary payment of a
determinate fine in accordance with a schedule of fines
approved by ordinance and as provided in this Division 5-41.
(Source: P.A. 94-616, eff. 1-1-06.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 7/21/2010