Public Act 90-0516 of the 90th General Assembly

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Public Act 90-0516

SB574 Enrolled                                 LRB9002431MWpc

    AN ACT to amend the Illinois  Municipal  Code  by  adding
Division 2.1 to Article 1.

    Be  it  enacted  by  the People of the State of Illinois,
represented in the General Assembly:

    Section 5.  The Illinois Municipal  Code  is  amended  by
adding Division 2.1 to Article 1 as follows:

    (65 ILCS 5/Art. 1, Div. 2.1 heading new)

    (65 ILCS 5/1-2.1-1 new)
    Sec.  1-2.1-1.  Applicability.  This Division 2.1 applies
only to municipalities that are home rule units.

    (65 ILCS 5/1-2.1-2 new)
    Sec. 1-2.1-2. Administrative  adjudication  of  municipal
code  violations.   Any municipality may provide by ordinance
for a system of administrative adjudication of municipal code
violations  to  the  extent   permitted   by   the   Illinois
Constitution.   A  "system  of  administrative  adjudication"
means  the  adjudication  of  any  violation  of  a municipal
ordinance,  except  for  (i)  proceedings  not   within   the
statutory  or  the home rule authority of municipalities; and
(ii) any offense under the Illinois Vehicle Code or a similar
offense that is a traffic regulation governing  the  movement
of  vehicles  and  except  for  any  reportable offense under
Section 6-204 of the Illinois Vehicle Code.

    (65 ILCS 5/1-2.1-3 new)
    Sec. 1-2.1-3. Administrative adjudication procedures  not
exclusive.   The  adoption  by  a municipality of a system of
administrative   adjudication   does   not    preclude    the
municipality  from  using  other methods to enforce municipal

    (65 ILCS 5/1-2.1-4 new)
    Sec. 1-2.1-4.  Code  hearing  units;  powers  of  hearing
    (a)  An ordinance establishing a system of administrative
adjudication,  pursuant to this Division, shall provide for a
code hearing unit within an existing agency or as a  separate
agency  in  the  municipal  government.   The ordinance shall
establish the jurisdiction of a code  hearing  unit  that  is
consistent  with this Division.  The "jurisdiction" of a code
hearing unit refers to the particular code violations that it
may adjudicate.
    (b)  Adjudicatory hearings  shall  be  presided  over  by
hearing  officers. The powers and duties of a hearing officer
shall include:
         (1)  hearing testimony and accepting  evidence  that
    is relevant to the existence of the code violation;
         (2)  issuing subpoenas directing witnesses to appear
    and  give  relevant  testimony  at  the hearing, upon the
    request of the parties or their representatives;
         (3)  preserving and authenticating the record of the
    hearing and all exhibits and evidence introduced  at  the
         (4)  issuing  a determination, based on the evidence
    presented at the hearing, of  whether  a  code  violation
    exists.   The determination shall be in writing and shall
    include a written finding of fact,  decision,  and  order
    including  the  fine,  penalty,  or action with which the
    defendant must comply; and
         (5)  imposing penalties consistent  with  applicable
    code  provisions and assessing costs upon finding a party
    liable for the charged violation, except,  however,  that
    in  no  event shall the hearing officer have authority to
    (i) impose a penalty of incarceration, or (ii)  impose  a
    fine  in  excess  of  $50,000,  or  at  the option of the
    municipality, such other amount not to exceed the maximum
    amount established by the Mandatory Arbitration System as
    prescribed by the Rules of  the  Illinois  Supreme  Court
    from  time  to time for the judicial circuit in which the
    municipality is located. The maximum monetary fine  under
    this item (5), shall be exclusive of costs of enforcement
    or   costs   imposed   to   secure  compliance  with  the
    municipality's ordinances and shall not be applicable  to
    cases  to  enforce  the collection of any tax imposed and
    collected by the municipality.
    (c)  Prior  to  conducting  administrative   adjudication
proceedings,   administrative  hearing  officers  shall  have
successfully  completed  a  formal  training  program   which
includes the following:
         (1)  instruction  on  the  rules of procedure of the
    administrative hearings which they will conduct;
         (2)  orientation to each subject area  of  the  code
    violations that they will adjudicate;
         (3)  observation of administrative hearings; and
         (4)  participation  in hypothetical cases, including
    ruling on evidence and issuing final orders.
    In addition, every administrative hearing officer must be
an attorney licensed to practice law in the State of Illinois
for at least 3 years.
    (d)  A proceeding before a code  hearing  unit  shall  be
instituted  upon  the  filing  of  a  written  pleading by an
authorized official of the municipality.

    (65 ILCS 5/1-2.1-5 new)
    Sec. 1-2.1-5.  Administrative hearing proceedings.
    (a)  Any   ordinance    establishing    a    system    of
administrative adjudication, pursuant to this Division, shall
afford  parties  due  process  of  law,  including notice and
opportunity for hearing. Parties shall be served with process
in a manner reasonably calculated to give them actual notice,
including, as appropriate, personal service of process upon a
party or its employees  or  agents;  service  by  mail  at  a
party's  address;  or notice that is posted upon the property
where the violation is found when the party is the  owner  or
manager of the property.
    (b)  Parties  shall  be  given  notice of an adjudicatory
hearing which includes  the  type  and  nature  of  the  code
violation  to  be  adjudicated,  the date and location of the
adjudicatory hearing, the legal  authority  and  jurisdiction
under  which the hearing is to be held, and the penalties for
failure to appear at the hearing.
    (c)  Parties shall be provided with an opportunity for  a
hearing  during  which  they  may  be represented by counsel,
present  witnesses,  and  cross-examine  opposing  witnesses.
Parties may request the hearing officer to issue subpoenas to
direct the attendance and testimony of relevant witnesses and
the production of  relevant  documents.   Hearings  shall  be
scheduled  with  reasonable  promptness,  provided  that  for
hearings   scheduled  in  all  non-emergency  situations,  if
requested by the defendant, the defendant shall have at least
15 days after service of process to prepare  for  a  hearing.
For   purposes   of   this   subsection  (c),  "non-emergency
situation" means  any  situation  that  does  not  reasonably
constitute  a  threat  to  the  public  interest,  safety, or
welfare.  If service is provided by mail, the  15-day  period
shall begin to run on the day that the notice is deposited in
the mail.

    (65 ILCS 5/1-2.1-6 new)
    Sec.  1-2.1-6.   Rules of evidence shall not govern.  The
formal and technical rules of evidence do  not  apply  in  an
adjudicatory   hearing   permitted   under   this   Division.
Evidence, including hearsay, may be admitted only if it is of
a  type commonly relied upon by reasonably prudent persons in
the conduct of their affairs.

    (65 ILCS 5/1-2.1-7 new)
    Sec. 1-2.1-7.  Judicial review.  Any final decision by  a
code  hearing  unit  that  a  code violation does or does not
exist shall constitute a final determination for purposes  of
judicial  review  and  shall  be  subject to review under the
Illinois Administrative Review Law.

    (65 ILCS 5/1-2.1-8 new)
    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
    (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
    (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.

    (65 ILCS 5/1-2.1-9 new)
    Sec.   1-2.1-9.    Impact   on   existing  administrative
adjudication systems.  This  Division shall  not  affect  the
validity  of systems of administrative adjudication that were
authorized by State law, including home rule  authority,  and
in  existence  prior to the effective date of this amendatory
Act of 1997.

    (65 ILCS 5/1-2.1-10 new)
    Sec. 1-2.1-10.  Impact  on  home  rule  authority.   This
Division shall not preempt municipalities from adopting other
systems of administrative adjudication pursuant to their home
rule powers.

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