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| Public Act 097-0561 | ||||
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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 Section | ||||
5-1114 as follows:
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(55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
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Sec. 5-1114. Violation of ordinance. | ||||
(a) Except as provided in Section
10-302.5 of the Illinois | ||||
Highway Code or subsection (b) of this Section, in all actions | ||||
for
the violation of any county ordinance, the first process | ||||
shall be a summons or
a warrant. A warrant or summons for the | ||||
arrest of an accused person may issue
from the circuit court | ||||
upon the affidavit of any person that an ordinance has
been | ||||
violated, and that the person making the complaint has | ||||
reasonable grounds
to believe that the party charged is guilty | ||||
thereof. Every person arrested upon
a warrant or summons shall | ||||
be taken, without unnecessary delay, before the
proper judicial | ||||
officer for trial.
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(b) In the case of a violation of the property maintenance | ||||
code of the county by a repeat offender, service of process | ||||
against the owner of the property that is the subject of the | ||||
violation may be a notice to appear. The notice may be issued | ||||
by a code enforcement officer of the county where the violation | ||||
occurred subject to the approval of an ordinance administrator. | ||
The notice to appear shall, at a minimum, state the address of | ||
the property that is the subject of the code violation, the | ||
language and citation of the code provision that was violated, | ||
the facts that the violation is based on, the date, time, and | ||
location for the appearance by the property owner, and that | ||
failure to correct the violation prior to the hearing date may | ||
result in a fine. The notice to appear shall be served upon the | ||
property owner, either personally, or by delivery confirmation | ||
mail and first class mail. The violation notice shall be sent | ||
to the address where the violation is observed and to the | ||
property owner's address on file with the Supervisor of | ||
Assessments office. The county shall simultaneously post the | ||
notice on the property where the violation occurred. The date | ||
to appear shall be no sooner than 15 days after the notice is | ||
served upon the owner. If the owner of the property fails to | ||
appear in response to the notice, the Court may issue a warrant | ||
or summons in accordance with subsection (a) of this Section. | ||
For the purposes of this Section, "repeat offender" means a | ||
person who has been found guilty of 2 or more similar | ||
violations of a property maintenance code at the same location | ||
in a 36-month period. | ||
(Source: P.A. 89-120, eff. 7-7-95.)
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