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90_SB1280ham001
LRB9008777MWpcam06
1 AMENDMENT TO SENATE BILL 1280
2 AMENDMENT NO. . Amend Senate Bill 1280 on page 1,
3 lines 2 and 6, by inserting "and by adding Division 2.2 to
4 Article 1" after "3.1-35-90" each time it appears; and
5 on page 1, by inserting above line 7 the following:
6 "(65 ILCS 5/Art. 1, Div. 2.2 heading new)
7 DIVISION 2.2. CODE HEARING DEPARTMENTS
8 (65 ILCS 5/1-2.2-1 new)
9 Sec. 1-2.2-1. Applicability. This Division 2.2 applies
10 only to municipalities that are non-home rule units. Nothing
11 in this Division 2.2 allows a non-home rule municipality to
12 pursue any remedies not otherwise authorized by statute.
13 (65 ILCS 5/1-2.2-5 new)
14 Sec. 1-2.2-5. Definitions. As used in this Division,
15 unless the context requires otherwise:
16 "Code" means any municipal ordinance except for (i)
17 building code violations that must be adjudicated pursuant to
18 Division 31.1 of Article 11 of this Act and (ii) any offense
19 under the Illinois Vehicle Code or a similar offense that is
20 a traffic regulation governing the movement of vehicles and
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1 except for any reportable offense under Section 6-204 of the
2 Illinois Vehicle Code.
3 "Hearing officer" means a municipal employee or an
4 officer or agent of a municipality, other than a law
5 enforcement officer, whose duty it is to:
6 (1) preside at an administrative hearing called to
7 determine whether or not a code violation exists;
8 (2) hear testimony and accept evidence from all
9 interested parties relevant to the existence of a code
10 violation;
11 (3) preserve and authenticate the transcript and record
12 of the hearing and all exhibits and evidence introduced at
13 the hearing; and
14 (4) issue and sign a written finding, decision, and
15 order stating whether a code violation exists.
16 (65 ILCS 5/1-2.2-10 new)
17 Sec. 1-2.2-10. Code hearing department. The corporate
18 authorities of any municipality may adopt this Division and
19 establish a code hearing department within an existing code
20 enforcement agency or as a separate and independent agency in
21 the municipal government. The function of the hearing
22 department is to expedite the prosecution and correction of
23 code violations in the manner set forth in this Division.
24 The code hearing department may adjudicate any violation
25 of a municipal ordinance except for (i) building code
26 violations that must be adjudicated pursuant to Division 31.1
27 of Article 11 of this Act and (ii) any offense under the
28 Illinois Vehicle Code or similar offense that is a traffic
29 regulation governing the movement of vehicles and except for
30 any reportable offense under Section 6-204 of the Illinois
31 Vehicle Code.
32 (65 ILCS 5/1-2.2-15 new)
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1 Sec. 1-2.2-15. Hearing procedures not exclusive. In any
2 municipality where this Division is adopted, this Division
3 does not preclude the municipality from using other methods
4 to enforce the provisions of its code.
5 (65 ILCS 5/1-2.2-20 new)
6 Sec. 1-2.2-20. Instituting code hearing proceedings. When
7 a police officer or other individual authorized to issue a
8 code violation finds a code violation to exist, he or she
9 shall note the violation on a multiple copy violation notice
10 and report form that indicates (i) the name and address of
11 the defendant, (ii) the type and nature of the violation,
12 (iii) the date and time the violation was observed, and (iv)
13 the names of witnesses to the violation.
14 The violation report form shall be forwarded to the code
15 hearing department where a docket number shall be stamped on
16 all copies of the report and a hearing date shall be noted in
17 the blank spaces provided for that purpose on the form. The
18 hearing date shall not be less than 30 nor more than 40 days
19 after the violation is reported.
20 One copy of the violation report form shall be maintained
21 in the files of the code hearing department and shall be part
22 of the record of hearing, one copy of the report form shall
23 be returned to the individual representing the municipality
24 in the case so that he or she may prepare evidence of the
25 code violation for presentation at the hearing on the date
26 indicated, and one copy of the report form shall be served by
27 first class mail to the defendant along with a summons
28 commanding the defendant to appear at the hearing.
29 (65 ILCS 5/1-2.2-25 new)
30 Sec. 1-2.2-25. Subpoenas; defaults. At any time prior to
31 the hearing date, the hearing officer assigned to hear the
32 case may, at the request of either party, direct witnesses to
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1 appear and give testimony at the hearing. If on the date set
2 for hearing the defendant or his or her attorney fails to
3 appear, the hearing officer may find the defendant in default
4 and shall proceed with the hearing and accept evidence
5 relevant to the existence of a code violation.
6 (65 ILCS 5/1-2.2-30 new)
7 Sec. 1-2.2-30. Continuances; representation at code
8 hearings. No continuances shall be authorized by the hearing
9 officer in proceedings under this Division except in cases
10 where a continuance is absolutely necessary to protect the
11 rights of the defendant. Lack of preparation shall not be
12 grounds for a continuance. Any continuance authorized by a
13 hearing officer under this Division shall not exceed 25 days.
14 The case for the municipality may be presented by an attorney
15 designated by the municipality or by any other municipal
16 employee, except that the case for the municipality shall not
17 be presented by an employee of the code hearing department.
18 The case for the defendant may be presented by the defendant,
19 his or her attorney, or any other agent or representative of
20 the defendant.
21 (65 ILCS 5/1-2.2-35 new)
22 Sec. 1-2.2-35. Hearing; evidence. At the hearing a
23 hearing officer shall preside, shall hear testimony, and
24 shall accept any evidence relevant to the existence or
25 non-existence of a code violation. The strict rules of
26 evidence applicable to judicial proceedings shall not apply
27 to hearings authorized by this Division.
28 (65 ILCS 5/1-2.2-40 new)
29 Sec. 1-2.2-40. Qualifications of hearing officers.
30 Prior to conducting proceedings under this Division, hearing
31 officers shall successfully complete a formal training
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1 program that includes the following:
2 (1) instruction on the rules of procedure of the hearing
3 that they will conduct;
4 (2) orientation to each subject area of the code
5 violations that they will administer;
6 (3) observation of administrative hearings; and
7 (4) participation in hypothetical cases, including rules
8 on evidence and issuing final orders.
9 In addition, every hearing officer must be an attorney
10 licensed to practice law in the State of Illinois for at
11 least 3 years.
12 (65 ILCS 5/1-2.2-45 new)
13 Sec. 1-2.2-45. Findings, decision, and order. At the
14 conclusion of the hearing, the hearing officer shall make a
15 determination on the basis of the evidence presented at the
16 hearing as to whether or not a code violation exists. The
17 determination shall be in writing and shall be designated as
18 findings, decision, and order. The findings, decision, and
19 order shall include (i) the hearing officer's findings of
20 fact; (ii) a decision of whether or not a code violation
21 exists based upon the findings of fact; and (iii) an order
22 that states the sanction or dismisses the case if a violation
23 is not proved. A monetary sanction for a violation under this
24 Division shall not exceed the amount provided for in Section
25 1-2-1 of this Act. A copy of the findings, decision, and
26 order shall be served on the defendant within 5 days after it
27 is issued. Service shall be in the same manner that the
28 report form and summons are served under Section 1-2.2-20 of
29 this Division. Payment of any penalty or fine and the
30 disposition of fine money shall be in the same manner as set
31 forth in the code, unless the corporate authorities adopting
32 this Division provide otherwise.
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1 (65 ILCS 5/1-2.2-50 new)
2 Sec. 1-2.2-50. Review under Administrative Review Law.
3 The findings, decision, and order of the hearing officer
4 shall be subject to review in the circuit court of the county
5 in which the municipality is located. The provisions of the
6 Administrative Review Law, and the rules adopted pursuant
7 thereto, shall apply to and govern every action for the
8 judicial review of the findings, decision, and order of a
9 hearing officer under this Division.
10 (65 ILCS 5/1-2.2-55 new)
11 Sec. 1-2.2-50. Judgment on findings, decision, and order.
12 (a) Any fine, other sanction, or costs imposed, or part
13 of any fine, other sanction, or costs imposed, remaining
14 unpaid after the exhaustion of, or the failure to exhaust,
15 judicial review procedures under the Administrative Review
16 Law shall be a debt due and owing the municipality and, as
17 such, may be collected in accordance with applicable law.
18 (b) After expiration of the period within which judicial
19 review under the Administrative Review Law may be sought for
20 a final determination of the code violation, the municipality
21 may commence a proceeding in the circuit court of the county
22 in which the municipality is located for purpose of obtaining
23 a judgment on the findings, decision, and order. Nothing in
24 this Section shall prevent a municipality from consolidating
25 multiple findings, decisions, and orders against a person in
26 such a proceeding. Upon commencement of the action, the
27 municipality shall file a certified copy of the findings,
28 decision, and order, which shall be accompanied by a
29 certification that recites facts sufficient to show that the
30 findings, decision, and order was issued in accordance with
31 this Division and the applicable municipal ordinance. Service
32 of the summons and a copy of the petition may be by any
33 method provided for by Section 2-203 of the Code of Civil
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1 Procedure or by certified mail, return receipt requested,
2 provided that the total amount of fines, other sanctions, and
3 costs imposed by the findings, decision, and order does not
4 exceed $2,500. If the court is satisfied that the findings,
5 decision, and order was entered in accordance with the
6 requirements of this Division and the applicable municipal
7 ordinance and that the defendant had an opportunity for a
8 hearing under this Division and for judicial review as
9 provided in this Division:
10 (1) The court shall render judgment in favor of the
11 municipality and against the defendant for the amount
12 indicated in the findings, decision and order, plus
13 costs. The judgment shall have the same effect and may
14 be enforced in the same manner as other judgments for the
15 recovery of money.
16 (2) The court may also issue any other orders and
17 injunctions that are requested by the municipality to
18 enforce the order of the hearing officer to correct a
19 code violation.
20 (65 ILCS 5/1-2.2-60 new)
21 Sec. 1-2.2-55. Adoption of Division by municipality.
22 This Division may be adopted by a non-home rule municipality
23 by incorporating the provisions of this Division in an
24 ordinance and by passing and publishing the ordinance in the
25 manner provided in Division 2 of Article 1 of this Act.
26 (65 ILCS 5/1-2.2-65 new)
27 Sec. 1-2.2-60. Application for grants. Any municipality
28 adopting this Division may apply to the Department of
29 Commerce and Community Affairs for grants to help defray the
30 cost of establishing and maintaining a code hearing
31 department as provided in this Division. The application for
32 grants shall be in the manner and form prescribed by the
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1 Department of Commerce and Community Affairs.".