HB1909 EngrossedLRB097 08075 KMW 48198 b


  
1    AN ACT concerning local government.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  


 
4    Section 5. The Counties Code is amended  by changing Section 
55-1114 as follows:
 



6    (55 ILCS 5/5-1114)  (from Ch. 34, par. 5-1114)



7    Sec. 5-1114. Violation of ordinance. 
8    (a) Except as provided in Section
10-302.5 of the Illinois 
9Highway Code or subsection (b) of this Section, in all actions 
10for
the violation of any county ordinance, the first process 
11shall be a summons or
a warrant.  A warrant or summons for the 
12arrest of an accused person may issue
from the circuit court 
13upon the affidavit of any person that an ordinance has
been 
14violated, and that the person making the complaint has 
15reasonable grounds
to believe that the party charged is guilty 
16thereof. Every person arrested upon
a warrant or summons shall 
17be taken, without unnecessary delay, before the
proper judicial 
18officer for trial.

19    (b) In the case of a violation of the property maintenance 
20code of the county by a repeat offender, service of process 
21against the owner of the property that is the subject of the 
22violation may be a notice to appear. The notice to appear 
23shall, at a minimum, state the address of the property that is 
 
 
HB1909 Engrossed- 2 -LRB097 08075 KMW 48198 b

1the subject of the code violation, the language and citation of 
2the code provision that was violated, the facts that the 
3violation is based on, and the date, time, and location for the 
4appearance by the property owner. The notice to appear shall be 
5served upon the property owner, either personally, or by 
6delivery confirmation mail and first class mail. The violation 
7notice shall be sent to the address where the violation is 
8observed and to the property owner's address on file with the 
9Supervisor of Assessments office. The county shall 
10simultaneously post the notice on the property where the 
11violation occurred. If the owner of the property fails to 
12appear in response to the notice, the Court may issue a warrant 
13or summons in accordance with subsection (a) of this Section. 
14For the purposes of this Section, "repeat  offender" means a 
15person who has been found guilty of 2 or more violations of a 
16property maintenance code. 
17(Source: P.A. 89-120, eff. 7-7-95.)