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


Rep. Steven Andersson

Filed: 3/19/2015





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2    AMENDMENT NO. ______. Amend House Bill 2745 by replacing
3everything after the enacting clause with the following:
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



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1commence a proceeding in the circuit court of the county in
2which the municipality is located for purpose of obtaining a
3judgment on the findings, decision, and order. Nothing in this
4Section shall prevent a municipality from consolidating
5multiple findings, decisions, and orders against a person in
6such a proceeding. Upon commencement of the action, the
7municipality shall file a certified copy of the findings,
8decision, and order, which shall be accompanied by a
9certification that recites facts sufficient to show that the
10findings, decision, and order was issued in accordance with
11this Division and the applicable municipal ordinance. Service
12of the summons and a copy of the petition may be by any method
13provided for by Section 2-203 of the Code of Civil Procedure or
14by certified mail, return receipt requested, provided that the
15total amount of fines, other sanctions, and costs imposed by
16the findings, decision, and order does not exceed $2,500. If
17the court is satisfied that the findings, decision, and order
18was entered in accordance with the requirements of this
19Division and the applicable municipal ordinance and that the
20defendant had an opportunity for a hearing under this Division
21and for judicial review as provided in this Division:
22        (1) The court shall render judgment in favor of the
23    municipality and against the defendant for the amount
24    indicated in the findings, decision and order, plus costs.
25    The judgment shall have the same effect and may be enforced
26    in the same manner as other judgments for the recovery of



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1    money.
2        (2) The court may also issue any other orders and
3    injunctions that are requested by the municipality to
4    enforce the order of the hearing officer to correct a code
5    violation.
6    (c) In place of a proceeding under subsection (b) of this
7Section, after expiration of the period in which judicial
8review under the Illinois Administrative Review Law may be
9sought for a final determination of a code violation, unless
10stayed by a court of competent jurisdiction, the findings,
11decision, and order of the hearing officer may be enforced in
12the same manner as a judgment entered by a court of competent
14    In any case in which a defendant has failed to comply with
15a judgment ordering a defendant to correct a code violation or
16imposing any fine or other sanction as a result of a code
17violation, any expenses incurred by a municipality to enforce
18the judgment, including, but not limited to, attorney's fees,
19court costs, and costs related to property demolition or
20foreclosure, after they are fixed by a court of competent
21jurisdiction or a hearing officer, shall be a debt due and
22owing the municipality and may be collected in accordance with
23applicable law. Prior to any expenses being fixed by a hearing
24officer pursuant to this subsection (c), the municipality shall
25provide notice to the defendant that states that the defendant
26shall appear at a hearing before the administrative hearing



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1officer to determine whether the defendant has failed to comply
2with the judgment. The notice shall set the date for such a
3hearing, which shall not be less than 7 days from the date that
4notice is served. If notice is served by mail, the 7-day period
5shall begin to run on the date that the notice was deposited in
6the mail.
7    Upon being recorded in the manner required by Article XII
8of the Code of Civil Procedure or by the Uniform Commercial
9Code, a lien shall be imposed on the real estate or personal
10estate, or both, of the defendant in the amount of any debt due
11and owing the municipality under this Section. The lien may be
12enforced in the same manner as a judgment lien pursuant to a
13judgment of a court of competent jurisdiction.
14    A hearing officer may set aside any judgment entered by
15default and set a new hearing date, upon a petition filed
16within 21 days after the issuance of the order of default, if
17the hearing officer determines that the petitioner's failure to
18appear at the hearing was for good cause or at any time if the
19petitioner establishes that the municipality did not provide
20proper service of process. If any judgment is set aside
21pursuant to this subsection (c), the hearing officer shall have
22authority to enter an order extinguishing any lien which has
23been recorded for any debt due and owing the municipality as a
24result of the vacated default judgment.
25(Source: P.A. 90-777, eff. 1-1-99.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".