Illinois General Assembly - Full Text of HB2745
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Full Text of HB2745  99th General Assembly




HB2745 EnrolledLRB099 06857 AWJ 26935 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 Illinois Municipal Code is amended by
5changing Section 1-2.2-55 as follows:
6    (65 ILCS 5/1-2.2-55)
7    Sec. 1-2.2-55. Judgment on findings, decision, and order.
8    (a) Any fine, other sanction, or costs imposed, or part of
9any fine, other sanction, or costs imposed, remaining unpaid
10after the exhaustion of, or the failure to exhaust, judicial
11review procedures under the Administrative Review Law shall be
12a debt due and owing the municipality and, as such, may be
13collected in accordance with applicable law.
14    (b) After expiration of the period within which judicial
15review under the Administrative Review Law may be sought for a
16final determination of the code violation, the municipality may
17commence a proceeding in the circuit court of the county in
18which the municipality is located for purpose of obtaining a
19judgment on the findings, decision, and order. Nothing in this
20Section shall prevent a municipality from consolidating
21multiple findings, decisions, and orders against a person in
22such a proceeding. Upon commencement of the action, the
23municipality shall file a certified copy of the findings,



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1decision, and order, which shall be accompanied by a
2certification that recites facts sufficient to show that the
3findings, decision, and order was issued in accordance with
4this Division and the applicable municipal ordinance. Service
5of the summons and a copy of the petition may be by any method
6provided for by Section 2-203 of the Code of Civil Procedure or
7by certified mail, return receipt requested, provided that the
8total amount of fines, other sanctions, and costs imposed by
9the findings, decision, and order does not exceed $2,500. If
10the court is satisfied that the findings, decision, and order
11was entered in accordance with the requirements of this
12Division and the applicable municipal ordinance and that the
13defendant had an opportunity for a hearing under this Division
14and for judicial review as provided in this Division:
15        (1) The court shall render judgment in favor of the
16    municipality and against the defendant for the amount
17    indicated in the findings, decision and order, plus costs.
18    The judgment shall have the same effect and may be enforced
19    in the same manner as other judgments for the recovery of
20    money.
21        (2) The court may also issue any other orders and
22    injunctions that are requested by the municipality to
23    enforce the order of the hearing officer to correct a code
24    violation.
25    (c) In place of a proceeding under subsection (b) of this
26Section, after expiration of the period in which judicial



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1review under the Illinois Administrative Review Law may be
2sought for a final determination of a code violation, unless
3stayed by a court of competent jurisdiction, the findings,
4decision, and order of the hearing officer may be enforced in
5the same manner as a judgment entered by a court of competent
7    In any case in which a defendant has failed to comply with
8a judgment ordering a defendant to correct a code violation or
9imposing any fine or other sanction as a result of a code
10violation, any expenses incurred by a municipality to enforce
11the judgment, including, but not limited to, attorney's fees,
12court costs, and costs related to property demolition or
13foreclosure, after they are fixed by a court of competent
14jurisdiction or a hearing officer, shall be a debt due and
15owing the municipality and may be collected in accordance with
16applicable law. Prior to any expenses being fixed by a hearing
17officer pursuant to this subsection (c), the municipality shall
18provide notice to the defendant that states that the defendant
19shall appear at a hearing before the administrative hearing
20officer to determine whether the defendant has failed to comply
21with the judgment. The notice shall set the date for such a
22hearing, which shall not be less than 7 days from the date that
23notice is served. If notice is served by mail, the 7-day period
24shall begin to run on the date that the notice was deposited in
25the mail.
26    Upon being recorded in the manner required by Article XII



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1of the Code of Civil Procedure or by the Uniform Commercial
2Code, a lien shall be imposed on the real estate or personal
3estate, or both, of the defendant in the amount of any debt due
4and owing the municipality under this Section. The lien may be
5enforced in the same manner as a judgment lien pursuant to a
6judgment of a court of competent jurisdiction.
7    A hearing officer may set aside any judgment entered by
8default and set a new hearing date, upon a petition filed
9within 21 days after the issuance of the order of default, if
10the hearing officer determines that the petitioner's failure to
11appear at the hearing was for good cause or at any time if the
12petitioner establishes that the municipality did not provide
13proper service of process. If any judgment is set aside
14pursuant to this subsection (c), the hearing officer shall have
15authority to enter an order extinguishing any lien which has
16been recorded for any debt due and owing the municipality as a
17result of the vacated default judgment.
18(Source: P.A. 90-777, eff. 1-1-99.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.