Full Text of HB3574 96th General Assembly
HB3574ham001 96TH GENERAL ASSEMBLY
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Rep. Dave Winters
Filed: 4/1/2009
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09600HB3574ham001 |
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LRB096 10505 RLJ 24278 a |
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| AMENDMENT TO HOUSE BILL 3574
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| AMENDMENT NO. ______. Amend House Bill 3574 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by changing | 5 |
| Section 5-41020 as follows: | 6 |
| (55 ILCS 5/5-41020)
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| Sec. 5-41020. Instituting proceedings.
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| (a) When a code enforcement officer observes a
code | 9 |
| violation,
the officer
shall note or, in the case of an animal | 10 |
| control violation, the code enforcement
officer may respond to | 11 |
| the filing of a formal complaint by noting the violation
on a | 12 |
| violation notice and report
form, indicating
the following:
the | 13 |
| name and address of the respondent, if known; the name,
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| address, and state vehicle registration number of the waste | 15 |
| hauler who
deposited
the waste, if applicable; the type and | 16 |
| nature of the violation; the date and
time the violation was |
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LRB096 10505 RLJ 24278 a |
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| observed; the names of witnesses to the violation; and
the | 2 |
| address of the location or property where the violation is | 3 |
| observed.
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| (b) The violation notice and report form shall contain a | 5 |
| file number ,
and a hearing date , and, if approved by the county | 6 |
| board by ordinance, the amount of any fine imposed pursuant to | 7 |
| an approved schedule of fines noted by the code enforcement | 8 |
| officer in the blank spaces
provided for that purpose on the | 9 |
| form. The violation notice and report shall
state that if the | 10 |
| respondent does not voluntarily pay in accordance with the | 11 |
| schedule of fines, if required, or fails failure to appear at | 12 |
| the hearing on the date indicated , then the failure to pay, if | 13 |
| required, or appear may result in
a determination of liability | 14 |
| for the cited violation and the imposition of
fines and | 15 |
| assessment of costs as provided by the applicable county | 16 |
| ordinance.
The violation notice and report shall also state | 17 |
| that upon a determination of
liability and the exhaustion
of
or | 18 |
| failure to exhaust procedures for judicial
review, any unpaid | 19 |
| fines or costs imposed will constitute a debt due and owed
to | 20 |
| the county.
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| (c) A copy of the violation notice and report form shall be | 22 |
| served on
the respondent either personally or by first class | 23 |
| mail, postage prepaid,
sent to the address of the respondent. | 24 |
| If the name of the respondent property
owner cannot be | 25 |
| ascertained or if service on the respondent cannot be made by
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| mail, service may be made on the respondent property owner by |
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LRB096 10505 RLJ 24278 a |
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| posting,
not less than 20 days before the hearing is
scheduled,
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| a copy of
the violation notice and report form in a prominent | 3 |
| place on the property
where the violation is found.
If the | 4 |
| violation notice and report form requires the
respondent
to | 5 |
| answer within a certain amount of time, the
county must reply | 6 |
| to the answer within the same amount of time afforded to
the
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| respondent. | 8 |
| (d) In lieu of a personal appearance at the hearing, a | 9 |
| county board may provide for the voluntary payment of a fine in | 10 |
| accordance with a schedule of fines approved by ordinance.
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| (Source: P.A. 94-616, eff. 1-1-06.)
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| Section 99. Effective date. This Act takes effect upon | 13 |
| becoming law.".
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