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Public Act 099-0739 | ||||
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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 | ||||
5-43035 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.
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(Source: P.A. 99-18, eff. 1-1-16 .)
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