Public Act 097-0561
HB1909 EnrolledLRB097 08075 KMW 48198 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
5-1114 as follows:
    (55 ILCS 5/5-1114)  (from Ch. 34, par. 5-1114)
    Sec. 5-1114. Violation of ordinance.
    (a) Except as provided in Section 10-302.5 of the Illinois
Highway Code or subsection (b) of this Section, in all actions
for the violation of any county ordinance, the first process
shall be a summons or a warrant. A warrant or summons for the
arrest of an accused person may issue from the circuit court
upon the affidavit of any person that an ordinance has been
violated, and that the person making the complaint has
reasonable grounds to believe that the party charged is guilty
thereof. Every person arrested upon a warrant or summons shall
be taken, without unnecessary delay, before the proper judicial
officer for trial.
    (b) In the case of a violation of the property maintenance
code of the county by a repeat offender, service of process
against the owner of the property that is the subject of the
violation may be a notice to appear. The notice may be issued
by a code enforcement officer of the county where the violation
occurred subject to the approval of an ordinance administrator.
The notice to appear shall, at a minimum, state the address of
the property that is the subject of the code violation, the
language and citation of the code provision that was violated,
the facts that the violation is based on, the date, time, and
location for the appearance by the property owner, and that
failure to correct the violation prior to the hearing date may
result in a fine. The notice to appear shall be served upon the
property owner, either personally, or by delivery confirmation
mail and first class mail. The violation notice shall be sent
to the address where the violation is observed and to the
property owner's address on file with the Supervisor of
Assessments office. The county shall simultaneously post the
notice on the property where the violation occurred. The date
to appear shall be no sooner than 15 days after the notice is
served upon the owner. If the owner of the property fails to
appear in response to the notice, the Court may issue a warrant
or summons in accordance with subsection (a) of this Section.
For the purposes of this Section, "repeat offender" means a
person who has been found guilty of 2 or more similar
violations of a property maintenance code at the same location
in a 36-month period.
(Source: P.A. 89-120, eff. 7-7-95.)

Effective Date: 1/1/2012