Bill Text: IL HB2745 | 2015-2016 | 99th General Assembly | Chaptered
Bill Title: Amends the Illinois Municipal Code. Provides that the division regarding administrative adjudications applies to municipalities that are both home rule and non-home rule units (rather than to just home rule units). Repeals the Code Hearing Departments Division concerning code hearing departments in non-home rule units of local government 90 days after the effective date of the amendatory Act. Provides that, 90 days after the effective date of the amendatory Act, all code hearing departments formed under the repealed division shall conduct code enforcement, hearings, and all actions in accordance with the provisions of the Administrative Adjudications division. Makes other changes allowing code enforcement departments created under the Code Hearing Departments Division to operate pursuant to the Administrative Adjudications division. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-08-06 - Public Act . . . . . . . . . 99-0293 [HB2745 Detail]
Download: Illinois-2015-HB2745-Chaptered.html
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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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