Full Text of SB2767 099th General Assembly
SB2767enr 99TH GENERAL ASSEMBLY |
| | SB2767 Enrolled | | LRB099 19302 AWJ 43694 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-43035 as follows: | 6 | | (55 ILCS 5/5-43035) | 7 | | Sec. 5-43035. Enforcement of judgment. | 8 | | (a) Any tax, fee, fine, other sanction, or costs imposed , | 9 | | or part of any tax, fee, fine, other sanction, or costs | 10 | | imposed, remaining unpaid after the exhaustion of or the | 11 | | failure to exhaust judicial review procedures under the | 12 | | Illinois Administrative Review Law are a debt due and owing the | 13 | | county and may be collected in accordance with applicable law. | 14 | | (b) After expiration of the period in which judicial review | 15 | | under the Illinois Administrative Review Law may be sought for | 16 | | a final determination of a code violation, unless stayed by a | 17 | | court of competent jurisdiction, the findings, decision, and | 18 | | order of the hearing officer may be enforced in the same manner | 19 | | as a judgment entered by a court of competent jurisdiction. | 20 | | (c) In any case in which a defendant has failed to comply | 21 | | with a judgment ordering a defendant to correct a code | 22 | | violation or imposing any tax, fee, fine , or other sanction as | 23 | | a result of a code violation, any expenses incurred by a county |
| | | SB2767 Enrolled | - 2 - | LRB099 19302 AWJ 43694 b |
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| 1 | | to enforce the judgment, including, but not limited to, | 2 | | attorney's fees, court costs, and costs related to property | 3 | | demolition or foreclosure, after they are fixed by a court of | 4 | | competent jurisdiction or a hearing officer, shall be a debt | 5 | | due and owing the county and may be collected in accordance | 6 | | with applicable law. Prior to any expenses being fixed by a | 7 | | hearing officer pursuant to this subsection (c), the county | 8 | | shall provide notice to the defendant that states that the | 9 | | defendant shall appear at a hearing before the administrative | 10 | | hearing officer to determine whether the defendant has failed | 11 | | to comply with the judgment. The notice shall set the date for | 12 | | the hearing, which shall not be less than 7 days after the date | 13 | | that notice is served. If notice is served by mail, the 7-day | 14 | | period shall begin to run on the date that the notice was | 15 | | deposited in the mail. | 16 | | (c-5) A default in the payment of a tax, fee, fine , or | 17 | | penalty or any installment of a tax, fee, fine , or penalty may | 18 | | be collected by any means authorized for the collection of | 19 | | monetary judgments. The State's Attorney state's attorney of | 20 | | the county in which the tax, fee, fine , or penalty was imposed | 21 | | may retain attorneys and private collection agents for the | 22 | | purpose of collecting any default in payment of any tax, fee, | 23 | | fine , or penalty or installment of that tax, fee, fine , or | 24 | | penalty. Any fees or costs incurred by the county with respect | 25 | | to attorneys or private collection agents retained by the | 26 | | State's Attorney state's attorney under this Section shall be |
| | | SB2767 Enrolled | - 3 - | LRB099 19302 AWJ 43694 b |
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| 1 | | charged to the offender. | 2 | | (d) Upon being recorded in the manner required by Article | 3 | | XII of the Code of Civil Procedure or by the Uniform Commercial | 4 | | Code, a lien shall be imposed on the real estate or personal | 5 | | estate, or both, of the defendant in the amount of any debt due | 6 | | and owing the county under this Section. The lien may be | 7 | | enforced in the same manner as a judgment lien pursuant to a | 8 | | judgment of a court of competent jurisdiction. | 9 | | (e) A hearing officer may set aside any judgment entered by | 10 | | default and set a new hearing date, upon a petition filed | 11 | | within 21 days after the issuance of the order of default, if | 12 | | the hearing officer determines that the petitioner's failure to | 13 | | appear at the hearing was for good cause or at any time if the | 14 | | petitioner establishes that the county did not provide proper | 15 | | service of process. If any judgment is set aside pursuant to | 16 | | this subsection (e), the hearing officer shall have authority | 17 | | to enter an order extinguishing any lien that has been recorded | 18 | | for any debt due and owing the county as a result of the | 19 | | vacated default judgment.
| 20 | | (Source: P.A. 99-18, eff. 1-1-16 .)
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