Full Text of HB0726 095th General Assembly
HB0726 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0726
Introduced 2/7/2007, by Rep. Angelo Saviano SYNOPSIS AS INTRODUCED: |
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55 ILCS 5/5-41005 |
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55 ILCS 5/5-41010 |
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Amends the Counties Code. Provides that a county board in any county (instead of a county having a population of less than 3,000,000) may establish a code hearing unit. Provides that the code hearing unit may also be used for the adjudication of county ordinances pertaining to vice, drugs, or vehicles.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0726 |
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LRB095 07092 HLH 27217 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Counties Code is amended by changing | 5 |
| Sections 5-41005 and 5-41010 as follows:
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| (55 ILCS 5/5-41005)
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| Sec. 5-41005. Definitions. In this Division 5-41, unless | 8 |
| the context
requires otherwise:
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| "Code" means any county ordinance that pertains to or | 10 |
| regulates
any of the following:
animal
control; the definition, | 11 |
| identification, and abatement of public nuisances; vice; | 12 |
| drugs; vehicles; the
accumulation, disposal, and | 13 |
| transportation of garbage, refuse, and other forms
of solid | 14 |
| waste; the construction and maintenance of buildings and | 15 |
| structures;
sanitation practices; or zoning.
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| "Code enforcement officer" means a county employee | 17 |
| authorized to issue
citations for county code violations and to | 18 |
| conduct inspections of public or
private real property to | 19 |
| determine whether code violations exist.
However, nothing in | 20 |
| this Division 5-41 shall be construed to allow for
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| administrative adjudication of an ordinance violation in the | 22 |
| case where a State
statute or administrative rule provides for | 23 |
| a specific method or procedure to
be followed, other than |
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HB0726 |
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LRB095 07092 HLH 27217 b |
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| administrative adjudication, in enforcing a county
ordinance.
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| "Hearing officer" means a person other than a code | 3 |
| enforcement officer
or
law enforcement officer having the | 4 |
| following powers and duties:
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| (1) To preside at an administrative hearing called to | 6 |
| determine whether
a code violation exists.
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| (2) To hear testimony and accept evidence from the code | 8 |
| enforcement
officer, the respondent, and all interested | 9 |
| parties relevant to the existence
of
a code violation.
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| (3) To preserve and authenticate the record of the | 11 |
| hearing and all
exhibits and evidence introduced at the | 12 |
| hearing.
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| (4) To issue and sign written findings and a decision | 14 |
| and order stating
whether a code violation exists.
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| (5) To impose penalties consistent with applicable | 16 |
| code provisions and to
assess costs reasonably related to | 17 |
| instituting the proceedings upon finding
the respondent | 18 |
| liable for the charged violation. In no event, however, | 19 |
| shall
the hearing officer have the authority to impose a
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| penalty of incarceration.
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| "Property owner" means the legal or beneficial owner of an | 22 |
| improved or
unimproved parcel of real estate.
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| "Respondent" means a property owner, waste hauler, or other | 24 |
| person charged
with liability for an alleged code violation and | 25 |
| the person to whom the notice
of violation is directed.
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| "Solid waste" means demolition materials, food and |
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HB0726 |
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LRB095 07092 HLH 27217 b |
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| industrial
processing wastes, garden trash, land cleaning | 2 |
| waste, mixed refuse,
non-combustible refuse, and trash as | 3 |
| defined in the Solid Waste
Disposal District Act.
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| "Waste hauler" means any person owning or controlling any | 5 |
| vehicle used to
carry or transport garbage, refuse, or other | 6 |
| forms of solid waste.
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| (Source: P.A. 90-517, eff. 8-22-97.)
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| (55 ILCS 5/5-41010)
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| Sec. 5-41010. Code hearing unit. The county board in any | 10 |
| county having a
population of
less than 3,000,000 inhabitants
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| may establish by ordinance a code hearing unit
within an | 12 |
| existing code enforcement agency or as a separate and | 13 |
| independent
agency in county government.
A county may establish | 14 |
| a code hearing unit and administrative adjudication
process | 15 |
| only under the provisions of this Division 5-41.
The function | 16 |
| of the code hearing unit
shall be to expedite the prosecution | 17 |
| and correction of code violations
as provided in this Division | 18 |
| 5-41.
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| (Source: P.A. 90-517, eff. 8-22-97.)
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