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90_SB0596ham001
LRB9003274DJcdam01
1 AMENDMENT TO SENATE BILL 596
2 AMENDMENT NO. . Amend Senate Bill 596 by replacing
3 the title with the following:
4 "AN ACT to amend the Counties Code by adding Section
5 5-1052.5 and by adding Division 5-41 to Article 5."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Counties Code is amended by adding
9 Section 5-1052.5 and by adding Division 5-41 to Article 5 as
10 follows:
11 (55 ILCS 5/5-1052.5 new)
12 Sec. 5-1052.5. Contracts to care for vacant residential
13 real estate.
14 (a) A person who contracts with the federal government
15 or any of its agencies, including, without limitation, the
16 Department of Housing and Urban Development, to care for
17 vacant residential real estate is responsible for maintaining
18 the property to prevent and correct health and sanitation
19 code violations.
20 (b) A person who violates this Section is subject to the
21 findings, decision, and order of a hearing officer as
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1 provided in Division 5-41.
2 (c) A person who intentionally violates this Section is
3 guilty of a business offense and shall be fined not less than
4 $500 and not more than $1,000.
5 (55 ILCS 5/Art. 5, Div. 5-41 heading new)
6 DIVISION 5-41. ADMINISTRATIVE ADJUDICATION OF
7 ORDINANCE VIOLATIONS
8 (55 ILCS 5/5-41005 new)
9 Sec. 5-41005. Definitions. In this Division 5-41, unless
10 the context requires otherwise:
11 "Code" means any county ordinance that pertains to or
12 regulates any of the following: animal control; the
13 definition, identification, and abatement of public
14 nuisances; the accumulation, disposal, and transportation of
15 garbage, refuse, and other forms of solid waste; the
16 construction and maintenance of buildings and structures;
17 sanitation practices; or zoning.
18 "Code enforcement officer" means a county employee
19 authorized to issue citations for county code violations and
20 to conduct inspections of public or private real property to
21 determine whether code violations exist.
22 "Hearing officer" means a person other than a code
23 enforcement officer or law enforcement officer having the
24 following powers and duties:
25 (1) To preside at an administrative hearing called
26 to determine whether a code violation exists.
27 (2) To hear testimony and accept evidence from the
28 code enforcement officer, the respondent, and all
29 interested parties relevant to the existence of a code
30 violation.
31 (3) To preserve and authenticate the record of the
32 hearing and all exhibits and evidence introduced at the
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1 hearing.
2 (4) To issue and sign written findings and a
3 decision and order stating whether a code violation
4 exists.
5 (5) To impose penalties consistent with applicable
6 code provisions and to assess costs reasonably related to
7 instituting the proceedings upon finding the respondent
8 liable for the charged violation. In no event, however,
9 shall the hearing officer have the authority to impose a
10 penalty of incarceration.
11 "Property owner" means the legal or beneficial owner of
12 an improved or unimproved parcel of real estate.
13 "Respondent" means a property owner, waste hauler, or
14 other person charged with liability for an alleged code
15 violation and the person to whom the notice of violation is
16 directed.
17 "Solid waste" means demolition materials, food and
18 industrial processing wastes, garden trash, land cleaning
19 waste, mixed refuse, non-combustible refuse, and trash as
20 defined in the Solid Waste Disposal District Act.
21 "Waste hauler" means any person owning or controlling any
22 vehicle used to carry or transport garbage, refuse, or other
23 forms of solid waste.
24 (55 ILCS 5/5-41010 new)
25 Sec. 5-41010. Code hearing unit. The county board in
26 any county having a population of 180,000 or more inhabitants
27 may establish by ordinance a code hearing unit within an
28 existing code enforcement agency or as a separate and
29 independent agency in county government. The function of the
30 code hearing unit shall be to expedite the prosecution and
31 correction of code violations as provided in this Division
32 5-41.
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1 (55 ILCS 5/5-41015 new)
2 Sec. 5-41015. Hearing procedure not exclusive. In any
3 county that establishes a code hearing unit pursuant to the
4 provisions of this Division 5-41, the county is not precluded
5 from using other methods to enforce the provisions of its
6 codes.
7 (55 ILCS 5/5-41020 new)
8 Sec. 5-41020. Instituting proceedings.
9 (a) When a code enforcement officer observes or
10 otherwise discovers a code violation, the officer shall note
11 the violation on a violation notice and report form,
12 indicating the following: the name and address of the
13 respondent, if known; the name, address, and state vehicle
14 registration number of the waste hauler who deposited the
15 waste, if applicable; the type and nature of the violation;
16 the date and time the violation was observed; the names of
17 witnesses to the violation; and the address of the location
18 or property where the violation is observed.
19 (b) The violation notice and report form shall contain a
20 file number and a hearing date noted by the code enforcement
21 officer in the blank spaces provided for that purpose on the
22 form. The violation notice and report shall state that
23 failure to appear at the hearing on the date indicated may
24 result in a determination of liability for the cited
25 violation and the imposition of fines and assessment of costs
26 as provided by the applicable county ordinance. The
27 violation notice and report shall also state that upon a
28 determination of liability and the exhaustion of or failure
29 to exhaust procedures for judicial review, any unpaid fines
30 or costs imposed will constitute a debt due and owed to the
31 county.
32 (c) A copy of the violation notice and report form shall
33 be served on the respondent either personally or by first
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1 class mail, postage prepaid, sent to the address of the
2 respondent. If the name of the respondent property owner
3 cannot be ascertained or if service on the respondent cannot
4 be made by mail, service may be made on the respondent
5 property owner by posting, not less than 10 days before the
6 hearing is scheduled, a copy of the violation notice and
7 report form in a prominent place on the property where the
8 violation is found.
9 (55 ILCS 5/5-41025 new)
10 Sec. 5-41025. Subpoenas; default.
11 (a) At any time prior to the hearing date, at the
12 request of the code enforcement officer, the attorney for the
13 county, the respondent, or the attorney for the respondent,
14 the hearing officer assigned to hear the case may issue
15 subpoenas directing witnesses to appear and give testimony at
16 the hearing.
17 (b) If the respondent or the respondent's attorney fails
18 to appear on the date set for the hearing, the hearing
19 officer may find the respondent in default and shall proceed
20 with the hearing and accept evidence relating to the
21 existence of a code violation.
22 (55 ILCS 5/5-41030 new)
23 Sec. 5-41030. Representation at hearings. The case for
24 the county may be presented by the code enforcement officer
25 or by the State's Attorney. In no event, however, may the
26 case for the county be presented by an employee of the code
27 hearing unit. The case for the respondent may be presented
28 by the respondent or the respondent's attorney. If the
29 respondent is a corporation, it may appear through any
30 officer, director, manager, or supervisor of the corporation.
31 (55 ILCS 5/5-41035 new)
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1 Sec. 5-41035. Evidence at hearings. The hearing
2 officer shall preside at the hearing, shall hear testimony,
3 and shall accept any evidence relevant to the existence or
4 non-existence of a code violation on the property indicated.
5 The code enforcement officer's signed violation notice and
6 report form shall be prima facie evidence of the existence of
7 the code violation described in the form. The strict rules
8 of evidence applicable to judicial proceedings do not apply
9 to hearings authorized under this Division 5-41.
10 (55 ILCS 5/5-41040 new)
11 Sec. 5-41040. Findings, decision, and order. At the
12 conclusion of the hearing, the hearing officer shall make a
13 determination on the basis of the evidence presented at the
14 hearing as to whether a code violation exists. The
15 determination shall be in writing and shall be designated as
16 the hearing officer's findings, decision, and order. The
17 findings, decision, and order shall include the hearing
18 officer's findings of fact, a determination of whether a code
19 violation exists based on the findings of fact, and an order
20 imposing a fine or other penalty, directing the respondent to
21 correct the violation, or dismissing the case if the
22 violation is not proved. If the hearing officer determines
23 that the respondent is liable for the cited violation, the
24 hearing officer shall enter an order imposing sanctions that
25 are provided in the code for the violations proved, including
26 the imposition of fines and the recovery of the costs of the
27 proceedings. Costs may be recovered in the same manner as
28 fines and penalties. A copy of the findings, decision, and
29 order shall be served by personal service or by any method
30 provided for service of the violation notice and report form
31 under Section 5-41020. The payment of any penalty or fine or
32 costs of the proceedings and the disposition of that money
33 shall be in the manner provided in this Code, unless the
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1 county board provides otherwise when establishing the code
2 hearing unit.
3 (55 ILCS 5/5-41045 new)
4 Sec. 5-41045. Administrative review. The findings,
5 decision, and order of the hearing officer shall be subject
6 to review in the circuit court of the county. The
7 Administrative Review Law and the rules adopted pursuant
8 thereto shall apply to and govern every action for the
9 judicial review of the final findings, decision, and order of
10 a hearing officer under this Division 5-41.
11 (55 ILCS 5/5-41050 new)
12 Sec. 5-41050. Sanctions; transfer or conveyance of
13 property. The order to correct a code violation and the
14 sanctions imposed by a county against a respondent property
15 owner as the result of a finding of a code violation under
16 this Division 5-41 shall attach to the property as well as to
17 the owner of the property, so that the owner cannot avoid the
18 finding of a code violation against the owner by conveying or
19 transferring the property to another. Any subsequent
20 transferee or owner of property takes the property subject to
21 the findings, decision, and order of a hearing officer under
22 this Division 5-41 if a notice consisting of a copy of the
23 order to correct a code violation and imposing any sanctions
24 and costs, if applicable, and a description of the real
25 estate affected that is sufficient to identify the real
26 estate has been filed in the office of the Recorder or the
27 office of the Registrar of Titles by the county prior to the
28 transfer or conveyance to the subsequent transferee or owner.
29 (55 ILCS 5/5-41055 new)
30 Sec. 5-41055. Collection of unpaid fines or other
31 sanctions.
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1 (a) Any fine or other sanction or costs imposed, or any
2 part of any fine or other sanction or costs imposed,
3 remaining unpaid after the exhaustion of or failure to
4 exhaust procedures for judicial review under the
5 Administrative Review Law is a debt due and owed to the
6 county and, as such, may be collected in accordance with
7 applicable law. Any subsequent owner or transferee of
8 property takes subject to this debt if a notice has been
9 filed pursuant to Section 5-41050.
10 (b) After expiration of the period within which judicial
11 review under the Administrative Review Law may be sought for
12 a final determination of the code violation, the county may
13 commence a proceeding in the circuit court of the county for
14 purposes of obtaining a judgment on the hearing officer's
15 findings, decision, and order. Nothing in this Section
16 prevents a county from consolidating multiple findings,
17 decisions, and orders against a person or property in such a
18 proceeding.
19 (c) Upon commencement of the action, the county shall
20 file a certified copy of the findings, decision, and order,
21 which shall be accompanied by a certification that recites
22 facts sufficient to show that the findings, decision, and
23 order were issued in accordance with this Division 5-41 and
24 the applicable county ordinance. Service of the summons and
25 a copy of the petition may be by any method provided by
26 Section 2-203 of the Code of Civil Procedure or by certified
27 mail, return receipt requested, provided that the total
28 amount of fines or other sanctions and costs imposed by the
29 findings, decision, and order does not exceed $5,000.
30 (d) If the court is satisfied that the findings,
31 decision, and order were entered within the requirements of
32 this Division 5-41 and the applicable county ordinance and
33 that the respondent had an opportunity for a hearing under
34 this Division 5-41 and for judicial review as provided in
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1 Section 5-41045:
2 (1) The court shall render judgment in favor of the
3 county and against the respondent for the amount
4 indicated in the findings, decision, and order plus court
5 costs. The judgment has the same effect and may be
6 enforced in the same manner as other judgments for the
7 recovery of money.
8 (2) The court may issue other orders or
9 injunctions, or both, requested by the county to enforce
10 the order of the hearing officer or to correct a code
11 violation.
12 (55 ILCS 5/5-41060 new)
13 Sec. 5-41060. Adoption of other necessary provisions by
14 county. Any county establishing a code hearing unit by
15 ordinance under this Division 5-41 may adopt other provisions
16 necessary and proper to carry into effect the powers granted
17 and the purposes stated in this Division.".