Public Act 90-0777 of the 90th General Assembly
Public Act 90-0777
SB1280 Enrolled LRB9008777MWpc
AN ACT concerning local government, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 3. The Counties Code is amended by changing
Section 6-1001 as follows:
(55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
Sec. 6-1001. Annual budget. In all counties not required
by law to pass an annual appropriation bill within the first
quarter of the fiscal year, the county board or board of
county commissioners, as the case may be, shall adopt each
year an annual budget under the terms of this Division for
the succeeding fiscal year. Such budget shall be prepared by
some person or persons designated by the county board and
such budget shall be made conveniently available to public
inspection for at least fifteen days prior to final action
thereon. The vote on such budget shall be taken by ayes and
nays and entered on the record of the meeting. The annual
budget adopted under this Act shall cover such a fiscal
period of one year to be determined by the county board of
each county except as hereinafter provided and all
appropriations made therein shall terminate with the close of
said fiscal period except as hereinafter provided, provided,
however, that any remaining balances shall be available until
30 days after the close of the such fiscal year in counties
with a population of less than 100,000, and until 90 days
after the close of the such fiscal year in counties with a
population of more than 100,000 but less than 3,000,000
inhabitants and contiguous to any county with a metropolitan
area with more than 1,000,000 inhabitants, only for the
authorization of the payment of obligations incurred prior to
the close of said fiscal period. Any county which determines
to change its fiscal year may adopt a budget to cover such
period greater or less than a year as may be necessary to
effect such change and appropriations made therein shall
terminate with the close of such period.
(Source: P.A. 86-962.)
Section 5. The Illinois Municipal Code is amended by
changing Section 3.1-35-90 and by adding Division 2.2 to
Article 1 as follows:
(65 ILCS 5/Art. 1, Div. 2.2 heading new)
DIVISION 2.2. CODE HEARING DEPARTMENTS
(65 ILCS 5/1-2.2-1 new)
Sec. 1-2.2-1. Applicability. This Division 2.2 applies
only to municipalities that are non-home rule units. Nothing
in this Division 2.2 allows a non-home rule municipality to
pursue any remedies not otherwise authorized by statute.
(65 ILCS 5/1-2.2-5 new)
Sec. 1-2.2-5. Definitions. As used in this Division,
unless the context requires otherwise:
"Code" means any municipal ordinance except for (i)
building code violations that must be adjudicated pursuant to
Division 31.1 of Article 11 of this Act 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.
"Hearing officer" means a municipal employee or an
officer or agent of a municipality, other than a law
enforcement officer, whose duty it is to:
(1) preside at an administrative hearing called to
determine whether or not a code violation exists;
(2) hear testimony and accept evidence from all
interested parties relevant to the existence of a code
violation;
(3) preserve and authenticate the transcript and record
of the hearing and all exhibits and evidence introduced at
the hearing; and
(4) issue and sign a written finding, decision, and
order stating whether a code violation exists.
(65 ILCS 5/1-2.2-10 new)
Sec. 1-2.2-10. Code hearing department. The corporate
authorities of any municipality may adopt this Division and
establish a code hearing department within an existing code
enforcement agency or as a separate and independent agency in
the municipal government. The function of the hearing
department is to expedite the prosecution and correction of
code violations in the manner set forth in this Division.
The code hearing department may adjudicate any violation
of a municipal ordinance except for (i) building code
violations that must be adjudicated pursuant to Division 31.1
of Article 11 of this Act and (ii) any offense under the
Illinois Vehicle Code or 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 5/1-2.2-15 new)
Sec. 1-2.2-15. Hearing procedures not exclusive. In any
municipality where this Division is adopted, this Division
does not preclude the municipality from using other methods
to enforce the provisions of its code.
(65 ILCS 5/1-2.2-20 new)
Sec. 1-2.2-20. Instituting code hearing proceedings. When
a police officer or other individual authorized to issue a
code violation finds a code violation to exist, he or she
shall note the violation on a multiple copy violation notice
and report form that indicates (i) the name and address of
the defendant, (ii) the type and nature of the violation,
(iii) the date and time the violation was observed, and (iv)
the names of witnesses to the violation.
The violation report form shall be forwarded to the code
hearing department where a docket number shall be stamped on
all copies of the report and a hearing date shall be noted in
the blank spaces provided for that purpose on the form. The
hearing date shall not be less than 30 nor more than 40 days
after the violation is reported.
One copy of the violation report form shall be maintained
in the files of the code hearing department and shall be part
of the record of hearing, one copy of the report form shall
be returned to the individual representing the municipality
in the case so that he or she may prepare evidence of the
code violation for presentation at the hearing on the date
indicated, and one copy of the report form shall be served by
first class mail to the defendant along with a summons
commanding the defendant to appear at the hearing.
(65 ILCS 5/1-2.2-25 new)
Sec. 1-2.2-25. Subpoenas; defaults. At any time prior to
the hearing date, the hearing officer assigned to hear the
case may, at the request of either party, direct witnesses to
appear and give testimony at the hearing. If on the date set
for hearing the defendant or his or her attorney fails to
appear, the hearing officer may find the defendant in default
and shall proceed with the hearing and accept evidence
relevant to the existence of a code violation.
(65 ILCS 5/1-2.2-30 new)
Sec. 1-2.2-30. Continuances; representation at code
hearings. No continuances shall be authorized by the hearing
officer in proceedings under this Division except in cases
where a continuance is absolutely necessary to protect the
rights of the defendant. Lack of preparation shall not be
grounds for a continuance. Any continuance authorized by a
hearing officer under this Division shall not exceed 25 days.
The case for the municipality may be presented by an attorney
designated by the municipality or by any other municipal
employee, except that the case for the municipality shall not
be presented by an employee of the code hearing department.
The case for the defendant may be presented by the defendant,
his or her attorney, or any other agent or representative of
the defendant.
(65 ILCS 5/1-2.2-35 new)
Sec. 1-2.2-35. Hearing; evidence. At the hearing a
hearing officer shall preside, shall hear testimony, and
shall accept any evidence relevant to the existence or
non-existence of a code violation. The strict rules of
evidence applicable to judicial proceedings shall not apply
to hearings authorized by this Division.
(65 ILCS 5/1-2.2-40 new)
Sec. 1-2.2-40. Qualifications of hearing officers.
Prior to conducting proceedings under this Division, hearing
officers shall successfully complete a formal training
program that includes the following:
(1) instruction on the rules of procedure of the hearing
that they will conduct;
(2) orientation to each subject area of the code
violations that they will administer;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including rules
on evidence and issuing final orders.
In addition, every hearing officer must be an attorney
licensed to practice law in the State of Illinois for at
least 3 years.
(65 ILCS 5/1-2.2-45 new)
Sec. 1-2.2-45. Findings, decision, and order. At the
conclusion of the hearing, the hearing officer shall make a
determination on the basis of the evidence presented at the
hearing as to whether or not a code violation exists. The
determination shall be in writing and shall be designated as
findings, decision, and order. The findings, decision, and
order shall include (i) the hearing officer's findings of
fact; (ii) a decision of whether or not a code violation
exists based upon the findings of fact; and (iii) an order
that states the sanction or dismisses the case if a violation
is not proved. A monetary sanction for a violation under this
Division shall not exceed the amount provided for in Section
1-2-1 of this Act. A copy of the findings, decision, and
order shall be served on the defendant within 5 days after it
is issued. Service shall be in the same manner that the
report form and summons are served under Section 1-2.2-20 of
this Division. Payment of any penalty or fine and the
disposition of fine money shall be in the same manner as set
forth in the code, unless the corporate authorities adopting
this Division provide otherwise.
(65 ILCS 5/1-2.2-50 new)
Sec. 1-2.2-50. Review under Administrative Review Law.
The findings, decision, and order of the hearing officer
shall be subject to review in the circuit court of the county
in which the municipality is located. The provisions of the
Administrative Review Law, and the rules adopted pursuant
thereto, shall apply to and govern every action for the
judicial review of the findings, decision, and order of a
hearing officer under this Division.
(65 ILCS 5/1-2.2-55 new)
Sec. 1-2.2-55. Judgment on findings, decision, and order.
(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 Administrative Review
Law shall be a debt due and owing the municipality and, as
such, may be collected in accordance with applicable law.
(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 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:
(1) The court shall render judgment in favor of the
municipality and against the defendant for the amount
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 money.
(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.
(65 ILCS 5/1-2.2-60 new)
Sec. 1-2.2-60. Adoption of Division by municipality.
This Division may be adopted by a non-home rule municipality
by incorporating the provisions of this Division in an
ordinance and by passing and publishing the ordinance in the
manner provided in Division 2 of Article 1 of this Act.
(65 ILCS 5/3.1-35-90) (from Ch. 24, par. 3.1-35-90)
Sec. 3.1-35-90. Clerk; duties.
(a) The municipal clerk shall keep the corporate seal,
to be provided by the corporate authorities, and all papers
belonging to the municipality the custody and control of
which are not given to other officers. The clerk shall
attend all meetings of the corporate authorities and keep a
full record of their proceedings in the journal. The record
of those proceedings shall be made available for public
inspection within 7 10 days after being approved or accepted
by the corporate authorities as the official minutes of their
proceedings.
(b) The municipal clerk shall have other duties
prescribed by the corporate authorities.
(c) Copies of all papers duly filed in the clerk's
office and transcripts from the journals and other records
and files of the clerk's office, certified by the clerk under
the corporate seal, shall be evidence in all courts in like
manner as if the originals were produced.
(Source: P.A. 87-1119.)