Illinois General Assembly - Full Text of Public Act 099-0739
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Public Act 099-0739


 

Public Act 0739 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0739
 
SB2833 EnrolledLRB099 19299 AWJ 43691 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-43035 as follows:
 
    (55 ILCS 5/5-43035)
    Sec. 5-43035. Enforcement of judgment.
    (a) Any fine, other sanction, or costs imposed, or part of
any fine, other sanction, or costs imposed, remaining unpaid
after the exhaustion of or the failure to exhaust judicial
review procedures under the Illinois Administrative Review Law
are a debt due and owing the county and may be collected in
accordance with applicable law.
    (b) After expiration of the period in which judicial review
under the Illinois Administrative Review Law may be sought for
a final determination of a code violation, unless stayed by a
court of competent jurisdiction, the findings, decision, and
order of the hearing officer may be enforced in the same manner
as a judgment entered by a court of competent jurisdiction.
    (c) In any case in which a defendant has failed to comply
with a judgment ordering a defendant to correct a code
violation or imposing any fine or other sanction as a result of
a code violation, any expenses incurred by a county to enforce
the judgment, including, but not limited to, attorney's fees,
court costs, and costs related to property demolition or
foreclosure, after they are fixed by a court of competent
jurisdiction or a hearing officer, shall be a debt due and
owing the county and the findings, decision, and order of the
hearing officer may be enforced in the same manner as a
judgment entered by a court may be collected in accordance with
applicable law. Prior to any expenses being fixed by a hearing
officer pursuant to this subsection (c), the county shall
provide notice to the defendant that states that the defendant
shall appear at a hearing before the administrative hearing
officer to determine whether the defendant has failed to comply
with the judgment. The notice shall set the date for the
hearing, which shall not be less than 7 days after the date
that notice is served. If notice is served by mail, the 7-day
period shall begin to run on the date that the notice was
deposited in the mail.
    (c-5) A default in the payment of a fine or penalty or any
installment of a fine or penalty may be collected by any means
authorized for the collection of monetary judgments. The
state's attorney of the county in which the fine or penalty was
imposed may retain attorneys and private collection agents for
the purpose of collecting any default in payment of any fine or
penalty or installment of that fine or penalty. Any fees or
costs incurred by the county with respect to attorneys or
private collection agents retained by the state's attorney
under this Section shall be charged to the offender.
    (d) Upon being recorded in the manner required by Article
XII of the Code of Civil Procedure or by the Uniform Commercial
Code, a lien shall be imposed on the real estate or personal
estate, or both, of the defendant in the amount of any debt due
and owing the county under this Section. The lien may be
enforced in the same manner as a judgment lien pursuant to a
judgment of a court of competent jurisdiction.
    (e) A hearing officer may set aside any judgment entered by
default and set a new hearing date, upon a petition filed
within 21 days after the issuance of the order of default, if
the hearing officer determines that the petitioner's failure to
appear at the hearing was for good cause or at any time if the
petitioner establishes that the county did not provide proper
service of process. If any judgment is set aside pursuant to
this subsection (e), the hearing officer shall have authority
to enter an order extinguishing any lien that has been recorded
for any debt due and owing the county as a result of the
vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16.)

Effective Date: 1/1/2017