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| Public Act 099-0293 | ||||
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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 Illinois Municipal Code is amended by | ||||
changing Section 1-2.2-55 as follows:
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(65 ILCS 5/1-2.2-55)
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Sec. 1-2.2-55. Judgment on findings, decision, and order.
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(a) Any fine, other
sanction, or costs
imposed, or part of | ||||
any fine, other sanction, or costs imposed, remaining
unpaid
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after the exhaustion of,
or the failure to exhaust, judicial | ||||
review procedures under the Administrative
Review Law shall be | ||||
a
debt due and owing the municipality and, as such, may be | ||||
collected in
accordance with applicable law.
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(b) After expiration of the period within which judicial | ||||
review under the
Administrative Review
Law may be sought for a | ||||
final determination of the code violation, the
municipality may | ||||
commence a
proceeding in the circuit court of the county in | ||||
which the municipality is
located
for purpose of obtaining a
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judgment on the findings, decision, and order. Nothing in this | ||||
Section shall
prevent a municipality from
consolidating | ||||
multiple findings, decisions, and orders against a person in | ||||
such
a proceeding. Upon
commencement of the action, the | ||||
municipality shall file a certified copy of the
findings, | ||||
decision, and
order, which shall be accompanied by a | ||
certification that recites facts
sufficient to show that the | ||
findings,
decision, and order was issued in accordance with | ||
this Division and the
applicable municipal ordinance.
Service | ||
of the summons and a copy of the petition may be by any method | ||
provided
for by Section 2-203
of the Code of Civil Procedure or | ||
by certified mail, return receipt requested,
provided that the | ||
total
amount of fines, other sanctions, and costs imposed by | ||
the findings, decision,
and order does not exceed
$2,500. If | ||
the court is satisfied that the findings, decision, and order | ||
was
entered in accordance with the
requirements of this | ||
Division and the applicable municipal ordinance and that
the | ||
defendant had an
opportunity for a hearing under this Division | ||
and for judicial review as
provided in this Division:
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(1) The
court shall render judgment in favor of the | ||
municipality and against the
defendant for the amount
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indicated in the findings, decision and order, plus costs. | ||
The judgment shall
have the same effect and
may be enforced | ||
in the same manner as other judgments for the recovery of
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money.
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(2) The court
may also issue any other orders and | ||
injunctions that are requested by the
municipality to | ||
enforce the
order of the hearing officer to correct a code | ||
violation.
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(c) In place of a proceeding under subsection (b) of this | ||
Section, 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. | ||
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. | ||
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. | ||
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 (c), 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. 90-777, eff. 1-1-99.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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