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90_SB0596enr
Amends the Clerks of Courts Act. Adds a caption to a
Section concerning election of clerks.
LRB9003274DJcc
SB596 Enrolled LRB9003274DJcc
1 AN ACT concerning local government, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 2. The Open Meetings Act is amended by changing
5 Section 1.02 as follows:
6 (5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
7 Sec. 1.02. For the purposes of this Act:
8 "Meeting" means any gathering of a majority of a quorum
9 of the members of a public body held for the purpose of
10 discussing public business.
11 "Public body" includes all legislative, executive,
12 administrative or advisory bodies of the state, counties,
13 townships, cities, villages, incorporated towns, school
14 districts and all other municipal corporations, boards,
15 bureaus, committees or commissions of this State, and any
16 subsidiary bodies of any of the foregoing including but not
17 limited to committees and subcommittees which are supported
18 in whole or in part by tax revenue, or which expend tax
19 revenue, except the General Assembly and committees or
20 commissions thereof. "Public body" includes tourism boards
21 and convention or civic center boards located in counties
22 that are contiguous to the Mississippi River with populations
23 of more than 250,000 but less than 300,000. "Public body"
24 does not include a child death review team established under
25 the Child Death Review Team Act.
26 (Source: P.A. 88-614, eff. 9-7-94.)
27 Section 3. The Public Building Commission Act is
28 amended by changing Section 22.1 as follows:
29 (50 ILCS 20/22.1) (from Ch. 85, par. 1052.1)
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1 Sec. 22.1. (a) Any Public Building Commission which has
2 not issued any bonds, and has no indebtedness, and has no
3 operational leases may be dissolved upon the filing, by the
4 presiding officer of the municipality, county seat or county
5 board which organized such Commission, in the office of the
6 recorder a copy of a resolution adopted by the governing body
7 of such municipality, county seat or county board approving
8 such dissolution.
9 (b) Any Public Building Commission which has fulfilled
10 the purpose for which it was created, and all bonds issued by
11 it and all of its contractual obligations except personnel
12 contracts have been paid, may be dissolved, upon the filing
13 by the presiding officer of the municipality, county seat or
14 county board which organized such Commission, in the office
15 of the recorder, a copy of a resolution adopted by the
16 governing body of such municipality, county seat or county
17 board approving such dissolution. Upon the dissolution of
18 such Commission pursuant to this subsection, the Treasurer of
19 the Commission shall cause all remaining funds under his
20 control to be transferred to the Treasurer of the
21 municipality, county seat or county which organized the
22 Commission.
23 (Source: P.A. 83-358.)
24 Section 5. The Counties Code is amended by changing
25 Sections 5-1022 and 5-1121, by adding Sections 5-1052.5 and
26 5-1124, and by adding Division 5-41 to Article 5 as follows:
27 (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
28 Sec. 5-1022. Competitive bids.
29 (a) Any purchase by a county with fewer than 2,000,000
30 inhabitants of services, materials, equipment or supplies in
31 excess of $10,000, other than professional services, shall be
32 contracted for in one of the following ways:
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1 (1) by a contract let to the lowest responsible
2 bidder after advertising for bids in a newspaper
3 published within the county or, if no newspaper is
4 published within the county, then a newspaper having
5 general circulation within the county; or
6 (2) by a contract let without advertising for bids
7 in the case of an emergency if authorized by the county
8 board.
9 (b) In determining the lowest responsible bidder, the
10 county board shall take into consideration the qualities of
11 the articles supplied; their conformity with the
12 specifications; their suitability to the requirements of the
13 county, availability of support services; uniqueness of the
14 service, materials, equipment, or supplies as it applies to
15 networked, integrated computer systems; compatibility to
16 existing equipment; and the delivery terms. The county board
17 also may take into consideration whether a bidder is a
18 private enterprise or a State-controlled enterprise and,
19 notwithstanding any other provision of this Section or a
20 lower bid by a State-controlled enterprise, may let a
21 contract to the lowest responsible bidder that is a private
22 enterprise.
23 (c) This Section does not apply to contracts by a county
24 with the federal government or to purchases of used
25 equipment, purchases at auction or similar transactions which
26 by their very nature are not suitable to competitive bids,
27 pursuant to an ordinance adopted by the county board.
28 (d) Notwithstanding the provisions of this Section, a
29 county may let without advertising for bids in the case of
30 purchases and contracts, when individual orders do not exceed
31 $25,000, for the use, purchase, delivery, movement, or
32 installation of data processing equipment, software, or
33 services and telecommunications and inter-connect equipment,
34 software, and services.
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1 (Source: P.A. 87-1208; 88-150.)
2 (55 ILCS 5/5-1052.5 new)
3 Sec. 5-1052.5. Contracts to care for vacant residential
4 real estate.
5 (a) A person, except for the servicer of a mortgage loan
6 acting in that capacity, who contracts with the federal
7 government or any of its agencies, including, without
8 limitation, the Department of Housing and Urban Development,
9 to care for vacant residential real estate is responsible for
10 maintaining the property to prevent and correct health and
11 sanitation code violations.
12 (b) A person who violates this Section is subject to the
13 findings, decision, and order of a hearing officer as
14 provided in Division 5-41.
15 (c) A person who intentionally violates this Section is
16 guilty of a business offense and shall be fined not less than
17 $500 and not more than $1,000.
18 (55 ILCS 5/5-1121)
19 Sec. 5-1121. Demolition, repair, or enclosure.
20 (a) The county board of each county may upon a formal
21 request by the city, village or incorporated town demolish,
22 repair, or enclose or cause the demolition, repair, or
23 enclosure of dangerous and unsafe buildings or uncompleted
24 and abandoned buildings within the territory of the county,
25 but outside not within the territory of any municipality, and
26 may remove or cause the removal of garbage, debris, and other
27 hazardous, noxious, or unhealthy substances or materials from
28 those buildings. In any county having adopted, by referendum
29 or otherwise, a county health department as provided by
30 Division 5-25 of the Counties Code or its predecessor, the
31 county board of any such county may upon a formal request by
32 the city, village, or incorporated town demolish, repair or
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1 cause the demolition or repair of dangerous and unsafe
2 buildings or uncompleted and abandoned buildings within the
3 territory of any city, village, or incorporated town having a
4 population of less than 50,000.
5 The county board shall apply to the circuit court of the
6 county in which the building is located (i) for an order
7 authorizing action to be taken with respect to a building if
8 the owner or owners of the building, including the lien
9 holders of record, after at least 15 days' written notice by
10 mail to do so, have failed to commence proceedings to put the
11 building in a safe condition or to demolish it or (ii) for an
12 order requiring the owner or owners of record to demolish,
13 repair, or enclose the building or to remove garbage, debris,
14 and other hazardous, noxious, or unhealthy substances or
15 materials from the building. It is not a defense to the
16 cause of action that the building is boarded up or otherwise
17 enclosed, although the court may order the defendant to have
18 the building boarded up or otherwise enclosed. Where, upon
19 diligent search, the identity or whereabouts of the owner or
20 owners of the building, including the lien holders of record,
21 is not ascertainable, notice mailed to the person or persons
22 in whose name the real estate was last assessed and the
23 posting of such notice upon the premises sought to be
24 demolished or repaired is sufficient notice under this
25 Section.
26 The hearing upon the application to the circuit court
27 shall be expedited by the court and shall be given precedence
28 over all other suits.
29 The cost of the demolition, repair, enclosure, or removal
30 incurred by the county, by an intervenor, or by a lien holder
31 of record, including court costs, attorney's fees, and other
32 costs related to the enforcement of this Section, is
33 recoverable from the owner or owners of the real estate or
34 the previous owner or both if the property was transferred
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1 during the 15 day notice period and is a lien on the real
2 estate; the lien is superior to all prior existing liens and
3 encumbrances, except taxes, if, within 180 days after the
4 repair, demolition, enclosure, or removal, the county, the
5 lien holder of record, or the intervenor who incurred the
6 cost and expense shall file a notice of lien for the cost and
7 expense incurred in the office of the recorder in the county
8 in which the real estate is located or in the office of the
9 registrar of titles of the county if the real estate affected
10 is registered under the Registered Titles (Torrens) Act.
11 The notice must consist of a sworn statement setting out
12 (1) a description of the real estate sufficient for its
13 identification, (2) the amount of money representing the cost
14 and expense incurred, and (3) the date or dates when the cost
15 and expense was incurred by the county, the lien holder of
16 record, or the intervenor. Upon payment of the cost and
17 expense by the owner of or persons interested in the property
18 after the notice of lien has been filed, the lien shall be
19 released by the county, the person in whose name the lien has
20 been filed, or the assignee of the lien, and the release may
21 be filed of record as in the case of filing notice of lien.
22 Unless the lien is enforced under subsection (b), the lien
23 may be enforced by foreclosure proceedings as in the case of
24 mortgage foreclosures under Article XV of the Code of Civil
25 Procedure or mechanics' lien foreclosures. An action to
26 foreclose this lien may be commenced at any time after the
27 date of filing of the notice of lien. The costs of
28 foreclosure incurred by the county, including court costs,
29 reasonable attorney's fees, advances to preserve the
30 property, and other costs related to the enforcement of this
31 subsection, plus statutory interest, are a lien on the real
32 estate and are recoverable by the county from the owner or
33 owners of the real estate.
34 All liens arising under this subsection (a) shall be
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1 assignable. The assignee of the lien shall have the same
2 power to enforce the lien as the assigning party, except that
3 the lien may not be enforced under subsection (b).
4 If the appropriate official of any county determines that
5 any dangerous and unsafe building or uncompleted and
6 abandoned building within its territory fulfills the
7 requirements for an action by the county under the Abandoned
8 Housing Rehabilitation Act, the county may petition under
9 that Act in a proceeding brought under this subsection.
10 (b) In any case where a county has obtained a lien under
11 subsection (a), the county may enforce the lien under this
12 subsection (b) in the same proceeding in which the lien is
13 authorized.
14 A county desiring to enforce a lien under this subsection
15 (b) shall petition the court to retain jurisdiction for
16 foreclosure proceedings under this subsection. Notice of the
17 petition shall be served, by certified or registered mail, on
18 all persons who were served notice under subsection (a). The
19 court shall conduct a hearing on the petition not less than
20 15 days after the notice is served. If the court determines
21 that the requirements of this subsection (b) have been
22 satisfied, it shall grant the petition and retain
23 jurisdiction over the matter until the foreclosure proceeding
24 is completed. The costs of foreclosure incurred by the
25 county, including court costs, reasonable attorneys' fees,
26 advances to preserve the property, and other costs related to
27 the enforcement of this subsection, plus statutory interest,
28 are a lien on the real estate and are recoverable by the
29 county from the owner or owners of the real estate. If the
30 court denies the petition, the county may enforce the lien in
31 a separate action as provided in subsection (a).
32 All persons designated in Section 15-1501 of the Code of
33 Civil Procedure as necessary parties in a mortgage
34 foreclosure action shall be joined as parties before issuance
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1 of an order of foreclosure. Persons designated in Section
2 15-1501 of the Code of Civil Procedure as permissible parties
3 may also be joined as parties in the action.
4 The provisions of Article XV of the Code of Civil
5 Procedure applicable to mortgage foreclosures shall apply to
6 the foreclosure of a lien under this subsection (b), except
7 to the extent that those provisions are inconsistent with
8 this subsection. For purposes of foreclosures of liens
9 under this subsection, however, the redemption period
10 described in subsection (b) of Section 15-1603 of the Code of
11 Civil Procedure shall end 60 days after the date of entry of
12 the order of foreclosure.
13 (c) In addition to any other remedy provided by law, the
14 county board of any county may petition the circuit court to
15 have property declared abandoned under this subsection (c)
16 if:
17 (1) the property has been tax delinquent for 2 or
18 more years or bills for water service for the property
19 have been outstanding for 2 or more years;
20 (2) the property is unoccupied by persons legally
21 in possession; and
22 (3) the property contains a dangerous or unsafe
23 building.
24 All persons having an interest of record in the property,
25 including tax purchasers and beneficial owners of any
26 Illinois land trust having title to the property, shall be
27 named as defendants in the petition and shall be served with
28 process. In addition, service shall be had under Section
29 2-206 of the Code of Civil Procedure as in other cases
30 affecting property.
31 The county, however, may proceed under this subsection in
32 a proceeding brought under subsection (a). Notice of the
33 petition shall be served by certified or registered mail on
34 all persons who were served notice under subsection (a).
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1 If the county proves that the conditions described in
2 this subsection exist and the owner of record of the property
3 does not enter an appearance in the action, or, if title to
4 the property is held by an Illinois land trust, if neither
5 the owner of record nor the owner of the beneficial interest
6 of the trust enters an appearance, the court shall declare
7 the property abandoned.
8 If that determination is made, notice shall be sent by
9 certified or registered mail to all persons having an
10 interest of record in the property, including tax purchasers
11 and beneficial owners of any Illinois land trust having title
12 to the property, stating that title to the property will be
13 transferred to the county unless, within 30 days of the
14 notice, the owner of record enters an appearance in the
15 action, or unless any other person having an interest in the
16 property files with the court a request to demolish the
17 dangerous or unsafe building or to put the building in safe
18 condition.
19 If the owner of record enters an appearance in the action
20 within the 30 day period, the court shall vacate its order
21 declaring the property abandoned. In that case, the county
22 may amend its complaint in order to initiate proceedings
23 under subsection (a).
24 If a request to demolish or repair the building is filed
25 within the 30 day period, the court shall grant permission to
26 the requesting party to demolish the building within 30 days
27 or to restore the building to safe condition within 60 days
28 after the request is granted. An extension of that period
29 for up to 60 additional days may be given for good cause. If
30 more than one person with an interest in the property files a
31 timely request, preference shall be given to the person with
32 the lien or other interest of the highest priority.
33 If the requesting party proves to the court that the
34 building has been demolished or put in a safe condition
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1 within the period of time granted by the court, the court
2 shall issue a quitclaim judicial deed for the property to the
3 requesting party, conveying only the interest of the owner of
4 record, upon proof of payment to the county of all costs
5 incurred by the county in connection with the action,
6 including but not limited to court costs, attorney's fees,
7 administrative costs, the costs, if any, associated with
8 building enclosure or removal, and receiver's certificates.
9 The interest in the property so conveyed shall be subject to
10 all liens and encumbrances on the property. In addition, if
11 the interest is conveyed to a person holding a certificate of
12 purchase for the property under the Property Tax Code, the
13 conveyance shall be subject to the rights of redemption of
14 all persons entitled to redeem under that Act, including the
15 original owner of record.
16 If no person with an interest in the property files a
17 timely request or if the requesting party fails to demolish
18 the building or put the building in safe condition within the
19 time specified by the court, the county may petition the
20 court to issue a judicial deed for the property to the
21 county. A conveyance by judicial deed shall operate to
22 extinguish all existing ownership interests in, liens on, and
23 other interest in the property, including tax liens.
24 (d) Each county may use the provisions of this
25 subsection to expedite the removal of certain buildings that
26 are a continuing hazard to the community in which they are
27 located.
28 If a residential building is 2 stories or less in height
29 as defined by the county's building code, and the official
30 designated to be in charge of enforcing the county's building
31 code determines that the building is open and vacant and an
32 immediate and continuing hazard to the community in which the
33 building is located, then the official shall be authorized to
34 post a notice not less than 2 feet by 2 feet in size on the
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1 front of the building. The notice shall be dated as of the
2 date of the posting and shall state that unless the building
3 is demolished, repaired, or enclosed, and unless any garbage,
4 debris, and other hazardous, noxious, or unhealthy substances
5 or materials are removed so that an immediate and continuing
6 hazard to the community no longer exists, then the building
7 may be demolished, repaired, or enclosed, or any garbage,
8 debris, and other hazardous, noxious, or unhealthy substances
9 or materials may be removed, by the county.
10 Not later than 30 days following the posting of the
11 notice, the county shall do both of the following:
12 (1) Cause to be sent, by certified mail, return
13 receipt requested, a notice to all owners of record of
14 the property, the beneficial owners of any Illinois land
15 trust having title to the property, and all lienholders
16 of record in the property, stating the intent of the
17 county to demolish, repair, or enclose the building or
18 remove any garbage, debris, or other hazardous, noxious,
19 or unhealthy substances or materials if that action is
20 not taken by the owner or owners.
21 (2) Cause to be published, in a newspaper published
22 or circulated in the county where the building is
23 located, a notice setting forth (i) the permanent tax
24 index number and the address of the building, (ii) a
25 statement that the property is open and vacant and
26 constitutes an immediate and continuing hazard to the
27 community, and (iii) a statement that the county intends
28 to demolish, repair, or enclose the building or remove
29 any garbage, debris, or other hazardous, noxious, or
30 unhealthy substances or materials if the owner or owners
31 or lienholders of record fail to do so. This notice
32 shall be published for 3 consecutive days.
33 A person objecting to the proposed actions of the county
34 board may file his or her objection in an appropriate form in
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1 a court of competent jurisdiction.
2 If the building is not demolished, repaired, or enclosed,
3 or the garbage, debris, or other hazardous, noxious, or
4 unhealthy substances or materials are not removed, within 30
5 days of mailing the notice to the owners of record, the
6 beneficial owners of any Illinois land trust having title to
7 the property, and all lienholders of record in the property,
8 or within 30 days of the last day of publication of the
9 notice, whichever is later, the county board shall have the
10 power to demolish, repair, or enclose the building or to
11 remove any garbage, debris, or other hazardous, noxious, or
12 unhealthy substances or materials.
13 The county may proceed to demolish, repair, or enclose a
14 building or remove any garbage, debris, or other hazardous,
15 noxious, or unhealthy substances or materials under this
16 subsection within a 120-day period following the date of the
17 mailing of the notice if the appropriate official determines
18 that the demolition, repair, enclosure, or removal of any
19 garbage, debris, or other hazardous, noxious, or unhealthy
20 substances or materials is necessary to remedy the immediate
21 and continuing hazard. If, however, before the county
22 proceeds with any of the actions authorized by this
23 subsection, any person has sought a hearing under this
24 subsection before a court and has served a copy of the
25 complaint on the chief executive officer of the county, then
26 the county shall not proceed with the demolition, repair,
27 enclosure, or removal of garbage, debris, or other substances
28 until the court determines that that action is necessary to
29 remedy the hazard and issues an order authorizing the county
30 to do so.
31 Following the demolition, repair, or enclosure of a
32 building, or the removal of garbage, debris, or other
33 hazardous, noxious, or unhealthy substances or materials
34 under this subsection, the county may file a notice of lien
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1 against the real estate for the cost of the demolition,
2 repair, enclosure, or removal within 180 days after the
3 repair, demolition, enclosure, or removal occurred, for the
4 cost and expense incurred, in the office of the recorder in
5 the county in which the real estate is located or in the
6 office of the registrar of titles of the county if the real
7 estate affected is registered under the Registered Titles
8 (Torrens) Act. The notice of lien shall consist of a sworn
9 statement setting forth (i) a description of the real estate,
10 such as the address or other description of the property,
11 sufficient for its identification; (ii) the expenses incurred
12 by the county in undertaking the remedial actions authorized
13 under this subsection; (iii) the date or dates the expenses
14 were incurred by the county; (iv) a statement by the official
15 responsible for enforcing the building code that the building
16 was open and vacant and constituted an immediate and
17 continuing hazard to the community; (v) a statement by the
18 official that the required sign was posted on the building,
19 that notice was sent by certified mail to the owners of
20 record, and that notice was published in accordance with this
21 subsection; and (vi) a statement as to when and where the
22 notice was published. The lien authorized by this subsection
23 may thereafter be released or enforced by the county as
24 provided in subsection (a).
25 (Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
26 (55 ILCS 5/5-1124 new)
27 Sec. 5-1124. Second-hand and junk stores.
28 (a) The county board of a county may:
29 (1) License, locate, and regulate all places of
30 business of dealers in junk, rags, and any second-hand
31 article whatsoever.
32 (2) Forbid any person or entity licensed or
33 regulated under this Section from purchasing or receiving
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1 from minors, without the written consent of their parents
2 or guardians, any article whatsoever.
3 (3) Impose the licensing and regulation of such
4 dealers as additional duties pursuant to Section 5-1087
5 of this Code.
6 (b) Nothing in this Section shall apply to a licensee of
7 the Secretary of State under Chapter 5 of the Illinois
8 Vehicle Code or to an insurer or self-insurer of motor
9 vehicles.
10 (55 ILCS 5/Art. 5, Div. 5-41 heading new)
11 DIVISION 5-41. ADMINISTRATIVE ADJUDICATION OF
12 ORDINANCE VIOLATIONS
13 (55 ILCS 5/5-41005 new)
14 Sec. 5-41005. Definitions. In this Division 5-41, unless
15 the context requires otherwise:
16 "Code" means any county ordinance that pertains to or
17 regulates any of the following: animal control; the
18 definition, identification, and abatement of public
19 nuisances; the accumulation, disposal, and transportation of
20 garbage, refuse, and other forms of solid waste; the
21 construction and maintenance of buildings and structures;
22 sanitation practices; or zoning.
23 "Code enforcement officer" means a county employee
24 authorized to issue citations for county code violations and
25 to conduct inspections of public or private real property to
26 determine whether code violations exist. However, nothing in
27 this Division 5-41 shall be construed to allow for
28 administrative adjudication of an ordinance violation in the
29 case where a State statute or administrative rule provides
30 for a specific method or procedure to be followed, other than
31 administrative adjudication, in enforcing a county ordinance.
32 "Hearing officer" means a person other than a code
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1 enforcement officer or law enforcement officer having the
2 following powers and duties:
3 (1) To preside at an administrative hearing called
4 to determine whether a code violation exists.
5 (2) To hear testimony and accept evidence from the
6 code enforcement officer, the respondent, and all
7 interested parties relevant to the existence of a code
8 violation.
9 (3) To preserve and authenticate the record of the
10 hearing and all exhibits and evidence introduced at the
11 hearing.
12 (4) To issue and sign written findings and a
13 decision and order stating whether a code violation
14 exists.
15 (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
20 penalty of incarceration.
21 "Property owner" means the legal or beneficial owner of
22 an improved or unimproved parcel of real estate.
23 "Respondent" means a property owner, waste hauler, or
24 other person charged with liability for an alleged code
25 violation and the person to whom the notice of violation is
26 directed.
27 "Solid waste" means demolition materials, food and
28 industrial processing wastes, garden trash, land cleaning
29 waste, mixed refuse, non-combustible refuse, and trash as
30 defined in the Solid Waste Disposal District Act.
31 "Waste hauler" means any person owning or controlling any
32 vehicle used to carry or transport garbage, refuse, or other
33 forms of solid waste.
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1 (55 ILCS 5/5-41010 new)
2 Sec. 5-41010. Code hearing unit. The county board in
3 any county having a population of less than 3,000,000
4 inhabitants may establish by ordinance a code hearing unit
5 within an existing code enforcement agency or as a separate
6 and independent agency in county government. A county may
7 establish a code hearing unit and administrative adjudication
8 process only under the provisions of this Division 5-41. The
9 function of the code hearing unit shall be to expedite the
10 prosecution and correction of code violations as provided in
11 this Division 5-41.
12 (55 ILCS 5/5-41015 new)
13 Sec. 5-41015. Hearing procedure not exclusive. In any
14 county that establishes a code hearing unit pursuant to the
15 provisions of this Division 5-41, the county is not precluded
16 from using other methods to enforce the provisions of its
17 codes.
18 (55 ILCS 5/5-41020 new)
19 Sec. 5-41020. Instituting proceedings.
20 (a) When a code enforcement officer observes a code
21 violation, the officer shall note or, in the case of an
22 animal control violation, the code enforcement officer may
23 respond to the filing of a formal complaint by noting the
24 violation on a violation notice and report form, indicating
25 the following: the name and address of the respondent, if
26 known; the name, address, and state vehicle registration
27 number of the waste hauler who deposited the waste, if
28 applicable; the type and nature of the violation; the date
29 and time the violation was observed; the names of witnesses
30 to the violation; and the address of the location or property
31 where the violation is observed.
32 (b) The violation notice and report form shall contain a
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1 file number and a hearing date noted by the code enforcement
2 officer in the blank spaces provided for that purpose on the
3 form. The violation notice and report shall state that
4 failure to appear at the hearing on the date indicated may
5 result in a determination of liability for the cited
6 violation and the imposition of fines and assessment of costs
7 as provided by the applicable county ordinance. The
8 violation notice and report shall also state that upon a
9 determination of liability and the exhaustion of or failure
10 to exhaust procedures for judicial review, any unpaid fines
11 or costs imposed will constitute a debt due and owed to the
12 county.
13 (c) A copy of the violation notice and report form shall
14 be served on the respondent either personally or by first
15 class mail, postage prepaid, sent to the address of the
16 respondent. If the name of the respondent property owner
17 cannot be ascertained or if service on the respondent cannot
18 be made by mail, service may be made on the respondent
19 property owner by posting, not less than 20 days before the
20 hearing is scheduled, a copy of the violation notice and
21 report form in a prominent place on the property where the
22 violation is found.
23 (55 ILCS 5/5-41025 new)
24 Sec. 5-41025. Subpoenas; default.
25 (a) At any time prior to the hearing date, at the
26 request of the code enforcement officer, the attorney for the
27 county, the respondent, or the attorney for the respondent,
28 the hearing officer assigned to hear the case may issue
29 subpoenas directing witnesses to appear and give testimony at
30 the hearing.
31 (b) If the respondent or the respondent's attorney fails
32 to appear on the date set for the hearing, the hearing
33 officer may find the respondent in default and shall proceed
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1 with the hearing and accept evidence relating to the
2 existence of a code violation.
3 (55 ILCS 5/5-41030 new)
4 Sec. 5-41030. Representation at hearings. The case for
5 the county may be presented by the code enforcement officer
6 or by the State's Attorney. In no event, however, may the
7 case for the county be presented by an employee of the code
8 hearing unit. The case for the respondent may be presented
9 by the respondent or the respondent's attorney. If the
10 respondent is a corporation, it may appear through any
11 officer, director, manager, or supervisor of the corporation.
12 (55 ILCS 5/5-41035 new)
13 Sec. 5-41035. Evidence at hearings. The hearing
14 officer shall preside at the hearing, shall hear testimony,
15 and shall accept any evidence relevant to the existence or
16 non-existence of a code violation on the property indicated.
17 The code enforcement officer's signed violation notice and
18 report form shall be prima facie evidence of the existence of
19 the code violation described in the form. The strict rules
20 of evidence applicable to judicial proceedings do not apply
21 to hearings authorized under this Division 5-41.
22 (55 ILCS 5/5-41040 new)
23 Sec. 5-41040. Findings, decision, and order. At the
24 conclusion of the hearing, the hearing officer shall make a
25 determination on the basis of the evidence presented at the
26 hearing as to whether a code violation exists. The
27 determination shall be in writing and shall be designated as
28 the hearing officer's findings, decision, and order. The
29 findings, decision, and order shall include the hearing
30 officer's findings of fact, a determination of whether a code
31 violation exists based on the findings of fact, and an order
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1 imposing a fine or other penalty, directing the respondent to
2 correct the violation, or dismissing the case if the
3 violation is not proved. If the hearing officer determines
4 that the respondent is liable for the cited violation, the
5 hearing officer shall enter an order imposing sanctions that
6 are provided in the code for the violations proved, including
7 the imposition of fines and the recovery of the costs of the
8 proceedings. Costs may be recovered in the same manner as
9 fines and penalties. A copy of the findings, decision, and
10 order shall be served by personal service or by any method
11 provided for service of the violation notice and report form
12 under Section 5-41020. The payment of any penalty or fine or
13 costs of the proceedings and the disposition of that money
14 shall be in the manner provided in this Code, unless the
15 county board provides otherwise when establishing the code
16 hearing unit.
17 (55 ILCS 5/5-41045 new)
18 Sec. 5-41045. Administrative review. The findings,
19 decision, and order of the hearing officer shall be subject
20 to review in the circuit court of the county. The
21 Administrative Review Law and the rules adopted pursuant
22 thereto shall apply to and govern every action for the
23 judicial review of the final findings, decision, and order of
24 a hearing officer under this Division 5-41.
25 (55 ILCS 5/5-41050 new)
26 Sec. 5-41050. Sanctions; transfer or conveyance of
27 property. The order to correct a code violation and the
28 sanctions imposed by a county against a respondent property
29 owner as the result of a finding of a code violation under
30 this Division 5-41 shall attach to the property, subject to
31 the interests of all lien holders of record, as well as to
32 the owner of the property, so that the owner cannot avoid the
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1 finding of a code violation against the owner by conveying or
2 transferring the property to another. Any subsequent
3 transferee or owner of property takes the property subject to
4 the findings, decision, and order of a hearing officer under
5 this Division 5-41 if a notice consisting of a copy of the
6 order to correct a code violation and imposing any sanctions
7 and costs, if applicable, and a description of the real
8 estate affected that is sufficient to identify the real
9 estate has been filed in the office of the Recorder or the
10 office of the Registrar of Titles by the county prior to the
11 transfer or conveyance to the subsequent transferee or owner.
12 (55 ILCS 5/5-41055 new)
13 Sec. 5-41055. Collection of unpaid fines or other
14 sanctions.
15 (a) Any fine or other sanction or costs imposed, or any
16 part of any fine or other sanction or costs imposed,
17 remaining unpaid after the exhaustion of or failure to
18 exhaust procedures for judicial review under the
19 Administrative Review Law is a debt due and owed to the
20 county and, as such, may be collected in accordance with
21 applicable law. Any subsequent owner or transferee of
22 property takes subject to this debt if a notice has been
23 filed pursuant to Section 5-41050.
24 (b) After expiration of the period within which judicial
25 review under the Administrative Review Law may be sought for
26 a final determination of the code violation, the county may
27 commence a proceeding in the circuit court of the county for
28 purposes of obtaining a judgment on the hearing officer's
29 findings, decision, and order. Nothing in this Section
30 prevents a county from consolidating multiple findings,
31 decisions, and orders against a person or property in such a
32 proceeding.
33 (c) Upon commencement of the action, the county shall
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1 file a certified copy of the findings, decision, and order,
2 which shall be accompanied by a certification that recites
3 facts sufficient to show that the findings, decision, and
4 order were issued in accordance with this Division 5-41 and
5 the applicable county ordinance. Service of the summons and
6 a copy of the petition may be by any method provided by
7 Section 2-203 of the Code of Civil Procedure or by certified
8 mail, return receipt requested, provided that the total
9 amount of fines or other sanctions and costs imposed by the
10 findings, decision, and order does not exceed $5,000.
11 (d) If the court is satisfied that the findings,
12 decision, and order were entered within the requirements of
13 this Division 5-41 and the applicable county ordinance and
14 that the respondent had an opportunity for a hearing under
15 this Division 5-41 and for judicial review as provided in
16 Section 5-41045:
17 (1) The court shall render judgment in favor of the
18 county and against the respondent for the amount
19 indicated in the findings, decision, and order plus court
20 costs. The judgment has the same effect and may be
21 enforced in the same manner as other judgments for the
22 recovery of money.
23 (2) The court may issue other orders or
24 injunctions, or both, requested by the county to enforce
25 the order of the hearing officer or to correct a code
26 violation.
27 (55 ILCS 5/5-41060 new)
28 Sec. 5-41060. Adoption of other necessary provisions by
29 county. Any county establishing a code hearing unit by
30 ordinance under this Division 5-41 may adopt other provisions
31 necessary and proper to carry into effect the powers granted
32 and the purposes stated in this Division.
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1 (55 ILCS 5/5-1080 rep.)
2 Section 6. The Counties Code is amended by repealing
3 Section 5-1080. The repeal of Section 5-1080 shall not
4 affect any cause of action brought under Section 5-1080
5 before the effective date of this amendatory Act of 1997.
6 Section 7. The Township Code is amended, if and only if
7 the provisions of Senate Bill 307 of the 90th General
8 Assembly that are changed by this amendatory Act of 1997
9 become law, by changing Section 182-5 as follows:
10 (60 ILCS 1/182-5)
11 Sec. 182-5. Primary health care special district; tax.
12 (a) In any township in a county with a population of
13 25,000 or less containing a federally designated health
14 manpower shortage area, the township board may provide for
15 primary health care under an intergovernmental cooperation
16 agreement with another unit of local government or under
17 contract with physicians, a physician group, a professional
18 service corporation, a medical corporation, a health
19 maintenance organization, a voluntary health service plan, a
20 limited health service plan, a hospital for out-patient
21 services, or a federally qualified health center.
22 (b) For purposes described in subsection (a), the
23 township board may levy an annual tax of not more than 0.095%
24 of the value of all the taxable property in the township, as
25 equalized or assessed by the Department of Revenue, upon that
26 property. Before a tax may be levied under this Section, the
27 township board shall certify that question to the proper
28 election officials in accordance with General Election Law,
29 who shall submit the proposition by referendum to all the
30 voters in the area to be served. The referendum shall be in
31 substantially the following form:
32 Shall (name of township) be authorized to levy an annual
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1 tax of not more than 0.095% of the value of all the taxable
2 property in the township to provide primary health care to
3 its citizens?
4 The votes shall be recorded as "Yes" or "No".
5 If the majority of the voters voting on the proposition
6 vote in favor of it, the tax levy is authorized. If a
7 majority of the vote is against the proposition, the tax levy
8 is not authorized. No tax may be levied under this Section,
9 however, with respect to any property that is subject to any
10 other tax levied for the sole purpose of providing primary
11 health care.
12 (c) Any territory of a special primary health care
13 district that is annexed to a municipality that provides
14 primary health care within its corporate limits shall be
15 automatically disconnected from the township primary health
16 care district.
17 (Source: 90SB0307eng.)
18 Section 8. The Illinois Municipal Code is amended by
19 changing Sections 8-1-7 and 11-135-2 as follows:
20 (65 ILCS 5/8-1-7) (from Ch. 24, par. 8-1-7)
21 Sec. 8-1-7. (a) Except as provided otherwise in this
22 Section, no contract shall be made by the corporate
23 authorities, or by any committee or member thereof, and no
24 expense shall be incurred by any of the officers or
25 departments of any municipality, whether the object of the
26 expenditure has been ordered by the corporate authorities or
27 not, unless an appropriation has been previously made
28 concerning that contract or expense. Any contract made, or
29 any expense otherwise incurred, in violation of the
30 provisions of this section shall be null and void as to the
31 municipality, and no money belonging thereto shall be paid on
32 account thereof. However, pending the passage of the annual
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1 appropriation ordinance for any fiscal year, the corporate
2 authorities may authorize heads of departments or other
3 separate agencies of the municipality to make necessary
4 expenditures for the support thereof upon the basis of the
5 appropriations of the preceding fiscal year. However, if it
6 is determined by two-thirds vote of the corporate authorities
7 then holding office at a regularly scheduled meeting of the
8 corporate authorities that it is expedient and in the best
9 public interest to begin proceedings for the construction of
10 a needed public work, then the provisions of this section
11 shall not apply to the extent that the corporate authorities
12 may employ or contract for professional services necessary
13 for the planning and financing of such public work.
14 (b) Notwithstanding any provision of this Code to the
15 contrary, the corporate authorities of any municipality may
16 make contracts for a term exceeding one year and not
17 exceeding the term of the mayor or president holding office
18 at the time the contract is executed, relating to: (1) the
19 employment of a municipal manager, administrator, engineer,
20 health officer, land planner, finance director, attorney,
21 police chief or other officer who requires technical training
22 or knowledge; (2) the employment of outside professional
23 consultants such as engineers, doctors, land planners,
24 auditors, attorneys or other professional consultants who
25 require technical training or knowledge; (3) the provision of
26 data processing equipment and services; or (4) the provision
27 of services which directly relate to the prevention,
28 identification or eradication of disease. In such case the
29 corporate authorities shall include in the annual
30 appropriation ordinance for each fiscal year, an
31 appropriation of a sum of money sufficient to pay the amount
32 which, by the terms of the contract, is to become due and
33 payable during the current fiscal year.
34 (c) This section shall not apply to municipalities
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1 operating under special charters.
2 (d) In order to promote orderly collective bargaining
3 relationships, to prevent labor strife and to protect the
4 interests of the public and the health and safety of the
5 citizens of Illinois, this Section shall not apply to
6 multi-year collective bargaining agreements between public
7 employers and exclusive representatives governed by the
8 provisions of the Illinois Public Labor Relations Act.
9 (d) Notwithstanding any provision of this Code to the
10 contrary, the corporate authorities of any municipality may
11 enter into multi-year collective bargaining agreements with
12 exclusive representatives under the provisions of the
13 Illinois Public Labor Relations Act.
14 (e) Notwithstanding any provision of this Code to the
15 contrary, the corporate authorities of any municipality may
16 enter into any multi-year contract or otherwise associate for
17 any term under the provisions of Section 10 of Article VII of
18 the Illinois Constitution or the Intergovernmental
19 Cooperation Act.
20 (Source: P.A. 85-924.)
21 (65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
22 Sec. 11-135-2. Upon the adoption of such an ordinance or
23 resolution by the corporate authorities of any such
24 municipality, the mayor or president, with the approval of
25 the corporate authorities, shall appoint a commissioner. The
26 commissioners so appointed by each of such municipalities
27 together with a like commissioner appointed by the presiding
28 officer of the county board with the advice and consent of
29 the county board of the county in which the major part of the
30 works of the water commission are, or are to be, located,
31 shall constitute a commission and public corporation with the
32 powers and duties specified in this Division 135. The
33 corporate name of the commission shall be "(here insert an
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1 appropriate name indicative of the area) Water Commission"
2 and as such the Commission may contract and be contracted
3 with, and sue and be sued.
4 The commissioners so appointed shall serve for a term of
5 6 years, or until their successors have been appointed and
6 have qualified in the same manner as the original
7 appointments, except that the commissioners first appointed
8 shall determine by lot at their first meeting the respective
9 commissioners whose terms shall be for 2, 4 and 6 years from
10 the date of that meeting. Each commissioner appointed by a
11 mayor or president shall be an elector or the chief
12 administrator of the municipality for which he acts as
13 commissioner, and the commissioner appointed by the presiding
14 officer of the county board shall be an elector of the county
15 in which the major works of the water commission are, or are
16 to be, located. Any commissioner so appointed may be a
17 member of the governing board or officer or employee of the
18 municipality or county from which the appointment is made. A
19 commissioner is eligible for reappointment upon the
20 expiration of his term. A vacancy shall be filled for the
21 balance of the unexpired term of the person who has ceased to
22 hold office by the mayor, president or county board presiding
23 officer who initially made such appointment in the same
24 manner as the original appointment. Each commissioner shall
25 receive the same compensation, as determined by the
26 appointing authority, which shall not be more than $2,000
27 $1,000 per year, except that no commissioner who is a member
28 of the governing board or officer or employee of the
29 municipality or county from which the appointment is made may
30 receive any compensation for serving as commissioner. Each
31 commissioner shall furnish a bond for the faithful
32 performance of his official duties. This bond shall not be
33 less than $5,000 and its costs shall be paid by the
34 commission.
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1 Each commissioner may be removed for any cause for which
2 any other municipal officer may be removed. No commissioner,
3 or employee of the commission, and no mayor, or president, or
4 other member of the corporate authorities, or any employee of
5 any of the municipalities, shall be interested directly or
6 indirectly in any contract or job of work or materials, or
7 the profits thereof, or services to be performed for or by
8 the commission.
9 A violation of any of the foregoing provisions of this
10 section is a Class C misdemeanor. A conviction is cause for
11 the removal of a person from his office or employment.
12 (Source: P.A. 84-811.)
13 Section 15. The Illinois Public Aid Code is amended by
14 changing Section 11-14.5 as follows:
15 (305 ILCS 5/11-14.5)
16 Sec. 11-14.5. Overpayment; recovery. If an applicant or
17 recipient receives any form of public aid from the Illinois
18 Department or a local governmental unit to which he or she is
19 not entitled, the Illinois Department or local governmental
20 unit may determine that the applicant or recipient has
21 received an overpayment of public aid. The Illinois
22 Department may determine that an overpayment has been
23 received regardless of any determination of the cause of the
24 overpayment, including but not limited to a determination
25 that the overpayment was caused by an error of the Illinois
26 Department or local governmental unit. The Illinois
27 Department or local governmental unit may attempt to recover
28 the overpayment by recoupment from future assistance payments
29 or food stamps or any other legal means consistent with State
30 and federal law.
31 (Source: P.A. 89-673, eff. 8-14-96.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.