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| | HB1909 Enrolled | | LRB097 08075 KMW 48198 b |
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| 1 | | AN ACT concerning local government.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Counties Code is amended by changing Section |
| 5 | | 5-1114 as follows:
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| 6 | | (55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
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| 7 | | Sec. 5-1114. Violation of ordinance. |
| 8 | | (a) Except as provided in Section
10-302.5 of the Illinois |
| 9 | | Highway Code or subsection (b) of this Section, in all actions |
| 10 | | for
the violation of any county ordinance, the first process |
| 11 | | shall be a summons or
a warrant. A warrant or summons for the |
| 12 | | arrest of an accused person may issue
from the circuit court |
| 13 | | upon the affidavit of any person that an ordinance has
been |
| 14 | | violated, and that the person making the complaint has |
| 15 | | reasonable grounds
to believe that the party charged is guilty |
| 16 | | thereof. Every person arrested upon
a warrant or summons shall |
| 17 | | be taken, without unnecessary delay, before the
proper judicial |
| 18 | | officer for trial.
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| 19 | | (b) In the case of a violation of the property maintenance |
| 20 | | code of the county by a repeat offender, service of process |
| 21 | | against the owner of the property that is the subject of the |
| 22 | | violation may be a notice to appear. The notice may be issued |
| 23 | | by a code enforcement officer of the county where the violation |
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| | HB1909 Enrolled | - 2 - | LRB097 08075 KMW 48198 b |
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| 1 | | occurred subject to the approval of an ordinance administrator. |
| 2 | | The notice to appear shall, at a minimum, state the address of |
| 3 | | the property that is the subject of the code violation, the |
| 4 | | language and citation of the code provision that was violated, |
| 5 | | the facts that the violation is based on, the date, time, and |
| 6 | | location for the appearance by the property owner, and that |
| 7 | | failure to correct the violation prior to the hearing date may |
| 8 | | result in a fine. The notice to appear shall be served upon the |
| 9 | | property owner, either personally, or by delivery confirmation |
| 10 | | mail and first class mail. The violation notice shall be sent |
| 11 | | to the address where the violation is observed and to the |
| 12 | | property owner's address on file with the Supervisor of |
| 13 | | Assessments office. The county shall simultaneously post the |
| 14 | | notice on the property where the violation occurred. The date |
| 15 | | to appear shall be no sooner than 15 days after the notice is |
| 16 | | served upon the owner. If the owner of the property fails to |
| 17 | | appear in response to the notice, the Court may issue a warrant |
| 18 | | or summons in accordance with subsection (a) of this Section. |
| 19 | | For the purposes of this Section, "repeat offender" means a |
| 20 | | person who has been found guilty of 2 or more similar |
| 21 | | violations of a property maintenance code at the same location |
| 22 | | in a 36-month period. |
| 23 | | (Source: P.A. 89-120, eff. 7-7-95.)
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