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| Public Act 094-0616 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Counties Code is amended by changing
Section | ||||
5-41020 as follows:
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(55 ILCS 5/5-41020)
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Sec. 5-41020. Instituting proceedings.
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(a) When a code enforcement officer observes a
code | ||||
violation,
the officer
shall note or, in the case of an animal | ||||
control violation, the code enforcement
officer may respond to | ||||
the filing of a formal complaint by noting the violation
on a | ||||
violation notice and report
form, indicating
the following:
the | ||||
name and address of the respondent, if known; the name,
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address, and state vehicle registration number of the waste | ||||
hauler who
deposited
the waste, if applicable; the type and | ||||
nature of the violation; the date and
time the violation was | ||||
observed; the names of witnesses to the violation; and
the | ||||
address of the location or property where the violation is | ||||
observed.
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(b) The violation notice and report form shall contain a | ||||
file number
and a hearing date noted by the code enforcement | ||||
officer in the blank spaces
provided for that purpose on the | ||||
form. The violation notice and report shall
state that failure | ||||
to appear at the hearing on the date indicated may result in
a | ||||
determination of liability for the cited violation and the | ||||
imposition of
fines and assessment of costs as provided by the | ||||
applicable county ordinance.
The violation notice and report | ||||
shall also state that upon a determination of
liability and the | ||||
exhaustion
of
or failure to exhaust procedures for judicial
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review, any unpaid fines or costs imposed will constitute a | ||||
debt due and owed
to the county.
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(c) A copy of the violation notice and report form shall be | ||||
served on
the respondent either personally or by first class | ||
mail, postage prepaid,
sent to the address of the respondent. | ||
If the name of the respondent property
owner cannot be | ||
ascertained or if service on the respondent cannot be made by
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mail, service may be made on the respondent property owner by | ||
posting,
not less than 20 days before the hearing is
scheduled,
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a copy of
the violation notice and report form in a prominent | ||
place on the property
where the violation is found.
If the | ||
violation notice and report form requires the
respondent
to | ||
answer within a certain amount of time, the
county must reply | ||
to the answer within the same amount of time afforded to
the
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respondent.
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(Source: P.A. 90-517, eff. 8-22-97.)
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Section 10. The Illinois Municipal Code is amended by | ||
changing
Sections 1-2.1-5 and 1-2.2-20 as follows:
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(65 ILCS 5/1-2.1-5)
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Sec. 1-2.1-5. Administrative hearing proceedings.
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(a) Any ordinance establishing a system of administrative | ||
adjudication,
pursuant to this Division, shall afford parties | ||
due process of law, including
notice and opportunity for | ||
hearing. Parties shall be served with process in a
manner | ||
reasonably calculated to give them actual notice, including, as
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appropriate, personal service of process upon a party or its | ||
employees or
agents;
service by mail at a party's address; or | ||
notice that is posted upon the
property where the violation is | ||
found when the party is the owner or manager of
the property.
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In municipalities with a population under 3,000,000, if the | ||
notice requires the respondent to answer within
a
certain | ||
amount of time, the municipality must
reply to the answer | ||
within the same amount of time afforded to the
respondent.
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(b) Parties shall be given notice of an adjudicatory | ||
hearing which includes
the type and nature of the code | ||
violation to be adjudicated, the date and
location of the | ||
adjudicatory hearing, the legal authority and jurisdiction
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under which the hearing is to be held, and the penalties for | ||
failure to appear
at the hearing.
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(c) Parties shall be provided with an opportunity for a | ||
hearing during which
they may be represented by counsel, | ||
present witnesses, and cross-examine
opposing witnesses. | ||
Parties may request the hearing officer to issue subpoenas
to | ||
direct the attendance and testimony of relevant witnesses and | ||
the production
of relevant documents. Hearings shall be | ||
scheduled with reasonable promptness,
provided that for | ||
hearings scheduled in all non-emergency situations, if
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requested
by the defendant, the defendant shall have at least | ||
15
days after service of process to prepare for a hearing.
For | ||
purposes of this subsection (c), "non-emergency situation" | ||
means any
situation that does not reasonably constitute a | ||
threat to the public
interest, safety, or welfare. If service | ||
is provided by mail, the 15-day
period shall begin to run on | ||
the day that the notice is deposited in the
mail.
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(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.2-20)
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Sec. 1-2.2-20. Instituting code hearing proceedings. When | ||
a police
officer or other individual
authorized to issue a code | ||
violation finds a code violation to exist, he or
she
shall note | ||
the violation on a
multiple copy violation notice and report | ||
form that indicates (i) the name and
address
of the defendant, | ||
(ii) the
type and nature of the violation, (iii) the date and | ||
time the violation was
observed,
and (iv) the names of
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witnesses to the violation.
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The violation report form shall be forwarded to the code | ||
hearing department
where a docket
number shall be stamped on | ||
all copies of the report and a hearing date shall be
noted
in | ||
the blank spaces
provided for that purpose on the form. The | ||
hearing date shall not be less than
30 nor more than 40
days | ||
after the violation is reported.
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One copy of the violation report form shall be maintained | ||
in the files of the
code hearing
department and shall be part | ||
of the record of hearing, one copy of the report
form shall be | ||
returned to
the individual representing the municipality in the | ||
case so that he or she may
prepare evidence of the code
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violation for presentation at the hearing on the date | ||
indicated, and one copy
of the report form shall be
served by | ||
first class mail to the defendant along with a summons | ||
commanding
the defendant to appear
at the hearing.
In | ||
municipalities with a population under 3,000,000, if the | ||
violation report form requires the respondent to
answer within | ||
a certain amount of time, the
municipality must reply to the | ||
answer within the same amount of time
afforded to the
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respondent.
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(Source: P.A. 90-777, eff. 1-1-99.)
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