Public Act 90-0517 of the 90th General Assembly
Public Act 90-0517
SB596 Enrolled LRB9003274DJcc
AN ACT concerning local government, amending named Acts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 2. The Open Meetings Act is amended by changing
Section 1.02 as follows:
(5 ILCS 120/1.02) (from Ch. 102, par. 41.02)
Sec. 1.02. For the purposes of this Act:
"Meeting" means any gathering of a majority of a quorum
of the members of a public body held for the purpose of
discussing public business.
"Public body" includes all legislative, executive,
administrative or advisory bodies of the state, counties,
townships, cities, villages, incorporated towns, school
districts and all other municipal corporations, boards,
bureaus, committees or commissions of this State, and any
subsidiary bodies of any of the foregoing including but not
limited to committees and subcommittees which are supported
in whole or in part by tax revenue, or which expend tax
revenue, except the General Assembly and committees or
commissions thereof. "Public body" includes tourism boards
and convention or civic center boards located in counties
that are contiguous to the Mississippi River with populations
of more than 250,000 but less than 300,000. "Public body"
does not include a child death review team established under
the Child Death Review Team Act.
(Source: P.A. 88-614, eff. 9-7-94.)
Section 3. The Public Building Commission Act is
amended by changing Section 22.1 as follows:
(50 ILCS 20/22.1) (from Ch. 85, par. 1052.1)
Sec. 22.1. (a) Any Public Building Commission which has
not issued any bonds, and has no indebtedness, and has no
operational leases may be dissolved upon the filing, by the
presiding officer of the municipality, county seat or county
board which organized such Commission, in the office of the
recorder a copy of a resolution adopted by the governing body
of such municipality, county seat or county board approving
such dissolution.
(b) Any Public Building Commission which has fulfilled
the purpose for which it was created, and all bonds issued by
it and all of its contractual obligations except personnel
contracts have been paid, may be dissolved, upon the filing
by the presiding officer of the municipality, county seat or
county board which organized such Commission, in the office
of the recorder, a copy of a resolution adopted by the
governing body of such municipality, county seat or county
board approving such dissolution. Upon the dissolution of
such Commission pursuant to this subsection, the Treasurer of
the Commission shall cause all remaining funds under his
control to be transferred to the Treasurer of the
municipality, county seat or county which organized the
Commission.
(Source: P.A. 83-358.)
Section 5. The Counties Code is amended by changing
Sections 5-1022 and 5-1121, by adding Sections 5-1052.5 and
5-1124, and by adding Division 5-41 to Article 5 as follows:
(55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
Sec. 5-1022. Competitive bids.
(a) Any purchase by a county with fewer than 2,000,000
inhabitants of services, materials, equipment or supplies in
excess of $10,000, other than professional services, shall be
contracted for in one of the following ways:
(1) by a contract let to the lowest responsible
bidder after advertising for bids in a newspaper
published within the county or, if no newspaper is
published within the county, then a newspaper having
general circulation within the county; or
(2) by a contract let without advertising for bids
in the case of an emergency if authorized by the county
board.
(b) In determining the lowest responsible bidder, the
county board shall take into consideration the qualities of
the articles supplied; their conformity with the
specifications; their suitability to the requirements of the
county, availability of support services; uniqueness of the
service, materials, equipment, or supplies as it applies to
networked, integrated computer systems; compatibility to
existing equipment; and the delivery terms. The county board
also may take into consideration whether a bidder is a
private enterprise or a State-controlled enterprise and,
notwithstanding any other provision of this Section or a
lower bid by a State-controlled enterprise, may let a
contract to the lowest responsible bidder that is a private
enterprise.
(c) This Section does not apply to contracts by a county
with the federal government or to purchases of used
equipment, purchases at auction or similar transactions which
by their very nature are not suitable to competitive bids,
pursuant to an ordinance adopted by the county board.
(d) Notwithstanding the provisions of this Section, a
county may let without advertising for bids in the case of
purchases and contracts, when individual orders do not exceed
$25,000, for the use, purchase, delivery, movement, or
installation of data processing equipment, software, or
services and telecommunications and inter-connect equipment,
software, and services.
(Source: P.A. 87-1208; 88-150.)
(55 ILCS 5/5-1052.5 new)
Sec. 5-1052.5. Contracts to care for vacant residential
real estate.
(a) A person, except for the servicer of a mortgage loan
acting in that capacity, who contracts with the federal
government or any of its agencies, including, without
limitation, the Department of Housing and Urban Development,
to care for vacant residential real estate is responsible for
maintaining the property to prevent and correct health and
sanitation code violations.
(b) A person who violates this Section is subject to the
findings, decision, and order of a hearing officer as
provided in Division 5-41.
(c) A person who intentionally violates this Section is
guilty of a business offense and shall be fined not less than
$500 and not more than $1,000.
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may upon a formal
request by the city, village or incorporated town demolish,
repair, or enclose or cause the demolition, repair, or
enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the county,
but outside not within the territory of any municipality, and
may remove or cause the removal of garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials from
those buildings. In any county having adopted, by referendum
or otherwise, a county health department as provided by
Division 5-25 of the Counties Code or its predecessor, the
county board of any such county may upon a formal request by
the city, village, or incorporated town demolish, repair or
cause the demolition or repair of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the
territory of any city, village, or incorporated town having a
population of less than 50,000.
The county board shall apply to the circuit court of the
county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail to do so, have failed to commence proceedings to put the
building in a safe condition or to demolish it or (ii) for an
order requiring the owner or owners of record to demolish,
repair, or enclose the building or to remove garbage, debris,
and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the
cause of action that the building is boarded up or otherwise
enclosed, although the court may order the defendant to have
the building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed and the
posting of such notice upon the premises sought to be
demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other
costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the
lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the county, the lien holder of
record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection (b), the lien
may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of
foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or
owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (b).
If the appropriate official of any county determines that
any dangerous and unsafe building or uncompleted and
abandoned building within its territory fulfills the
requirements for an action by the county under the Abandoned
Housing Rehabilitation Act, the county may petition under
that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this
subsection (b) in the same proceeding in which the lien is
authorized.
A county desiring to enforce a lien under this subsection
(b) shall petition the court to retain jurisdiction for
foreclosure proceedings under this subsection. Notice of the
petition shall be served, by certified or registered mail, on
all persons who were served notice under subsection (a). The
court shall conduct a hearing on the petition not less than
15 days after the notice is served. If the court determines
that the requirements of this subsection (b) have been
satisfied, it shall grant the petition and retain
jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to
the enforcement of this subsection, plus statutory interest,
are a lien on the real estate and are recoverable by the
county from the owner or owners of the real estate. If the
court denies the petition, the county may enforce the lien in
a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (b), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(c) In addition to any other remedy provided by law, the
county board of any county may petition the circuit court to
have property declared abandoned under this subsection (c)
if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The county, however, may proceed under this subsection in
a proceeding brought under subsection (a). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (a).
If the county proves that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if title to
the property is held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the court shall declare
the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the county unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the county
may amend its complaint in order to initiate proceedings
under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the county of all costs
incurred by the county in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of
all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the county may petition the
court to issue a judicial deed for the property to the
county. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(d) Each county may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential building is 2 stories or less in height
as defined by the county's building code, and the official
designated to be in charge of enforcing the county's building
code determines that the building is open and vacant and an
immediate and continuing hazard to the community in which the
building is located, then the official shall be authorized to
post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the
date of the posting and shall state that unless the building
is demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the county.
Not later than 30 days following the posting of the
notice, the county shall do both of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a notice to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders
of record in the property, stating the intent of the
county to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the county where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends
to demolish, repair, or enclose the building or remove
any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners
or lienholders of record fail to do so. This notice
shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county
board may file his or her objection in an appropriate form in
a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the
power to demolish, repair, or enclose the building or to
remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials under this
subsection within a 120-day period following the date of the
mailing of the notice if the appropriate official determines
that the demolition, repair, enclosure, or removal of any
garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials is necessary to remedy the immediate
and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the county, then
the county shall not proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to
remedy the hazard and issues an order authorizing the county
to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the county may file a notice of lien
against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act. The notice of lien shall consist of a sworn
statement setting forth (i) a description of the real estate,
such as the address or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses
were incurred by the county; (iv) a statement by the official
responsible for enforcing the building code that the building
was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the
official that the required sign was posted on the building,
that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the
notice was published. The lien authorized by this subsection
may thereafter be released or enforced by the county as
provided in subsection (a).
(Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
(55 ILCS 5/5-1124 new)
Sec. 5-1124. Second-hand and junk stores.
(a) The county board of a county may:
(1) License, locate, and regulate all places of
business of dealers in junk, rags, and any second-hand
article whatsoever.
(2) Forbid any person or entity licensed or
regulated under this Section from purchasing or receiving
from minors, without the written consent of their parents
or guardians, any article whatsoever.
(3) Impose the licensing and regulation of such
dealers as additional duties pursuant to Section 5-1087
of this Code.
(b) Nothing in this Section shall apply to a licensee of
the Secretary of State under Chapter 5 of the Illinois
Vehicle Code or to an insurer or self-insurer of motor
vehicles.
(55 ILCS 5/Art. 5, Div. 5-41 heading new)
DIVISION 5-41. ADMINISTRATIVE ADJUDICATION OF
ORDINANCE VIOLATIONS
(55 ILCS 5/5-41005 new)
Sec. 5-41005. Definitions. In this Division 5-41, unless
the context requires otherwise:
"Code" means any county ordinance that pertains to or
regulates any of the following: animal control; the
definition, identification, and abatement of public
nuisances; the accumulation, disposal, and transportation of
garbage, refuse, and other forms of solid waste; the
construction and maintenance of buildings and structures;
sanitation practices; or zoning.
"Code enforcement officer" means a county employee
authorized to issue citations for county code violations and
to conduct inspections of public or private real property to
determine whether code violations exist. However, nothing in
this Division 5-41 shall be construed to allow for
administrative adjudication of an ordinance violation in the
case where a State statute or administrative rule provides
for a specific method or procedure to be followed, other than
administrative adjudication, in enforcing a county ordinance.
"Hearing officer" means a person other than a code
enforcement officer or law enforcement officer having the
following powers and duties:
(1) To preside at an administrative hearing called
to determine whether a code violation exists.
(2) To hear testimony and accept evidence from the
code enforcement officer, the respondent, and all
interested parties relevant to the existence of a code
violation.
(3) To preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the
hearing.
(4) To issue and sign written findings and a
decision and order stating whether a code violation
exists.
(5) To impose penalties consistent with applicable
code provisions and to assess costs reasonably related to
instituting the proceedings upon finding the respondent
liable for the charged violation. In no event, however,
shall the hearing officer have the authority to impose a
penalty of incarceration.
"Property owner" means the legal or beneficial owner of
an improved or unimproved parcel of real estate.
"Respondent" means a property owner, waste hauler, or
other person charged with liability for an alleged code
violation and the person to whom the notice of violation is
directed.
"Solid waste" means demolition materials, food and
industrial processing wastes, garden trash, land cleaning
waste, mixed refuse, non-combustible refuse, and trash as
defined in the Solid Waste Disposal District Act.
"Waste hauler" means any person owning or controlling any
vehicle used to carry or transport garbage, refuse, or other
forms of solid waste.
(55 ILCS 5/5-41010 new)
Sec. 5-41010. Code hearing unit. The county board in
any county having a population of less than 3,000,000
inhabitants may establish by ordinance a code hearing unit
within an existing code enforcement agency or as a separate
and independent agency in county government. A county may
establish a code hearing unit and administrative adjudication
process only under the provisions of this Division 5-41. The
function of the code hearing unit shall be to expedite the
prosecution and correction of code violations as provided in
this Division 5-41.
(55 ILCS 5/5-41015 new)
Sec. 5-41015. Hearing procedure not exclusive. In any
county that establishes a code hearing unit pursuant to the
provisions of this Division 5-41, the county is not precluded
from using other methods to enforce the provisions of its
codes.
(55 ILCS 5/5-41020 new)
Sec. 5-41020. Instituting proceedings.
(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, 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.
(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 review, any unpaid fines
or costs imposed will constitute a debt due and owed to the
county.
(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 mail, service may be made on the respondent
property owner by posting, not less than 20 days before the
hearing is scheduled, a copy of the violation notice and
report form in a prominent place on the property where the
violation is found.
(55 ILCS 5/5-41025 new)
Sec. 5-41025. Subpoenas; default.
(a) At any time prior to the hearing date, at the
request of the code enforcement officer, the attorney for the
county, the respondent, or the attorney for the respondent,
the hearing officer assigned to hear the case may issue
subpoenas directing witnesses to appear and give testimony at
the hearing.
(b) If the respondent or the respondent's attorney fails
to appear on the date set for the hearing, the hearing
officer may find the respondent in default and shall proceed
with the hearing and accept evidence relating to the
existence of a code violation.
(55 ILCS 5/5-41030 new)
Sec. 5-41030. Representation at hearings. The case for
the county may be presented by the code enforcement officer
or by the State's Attorney. In no event, however, may the
case for the county be presented by an employee of the code
hearing unit. The case for the respondent may be presented
by the respondent or the respondent's attorney. If the
respondent is a corporation, it may appear through any
officer, director, manager, or supervisor of the corporation.
(55 ILCS 5/5-41035 new)
Sec. 5-41035. Evidence at hearings. The hearing
officer shall preside at the hearing, shall hear testimony,
and shall accept any evidence relevant to the existence or
non-existence of a code violation on the property indicated.
The code enforcement officer's signed violation notice and
report form shall be prima facie evidence of the existence of
the code violation described in the form. The strict rules
of evidence applicable to judicial proceedings do not apply
to hearings authorized under this Division 5-41.
(55 ILCS 5/5-41040 new)
Sec. 5-41040. Findings, decision, and order. At the
conclusion of the hearing, the hearing officer shall make a
determination on the basis of the evidence presented at the
hearing as to whether a code violation exists. The
determination shall be in writing and shall be designated as
the hearing officer's findings, decision, and order. The
findings, decision, and order shall include the hearing
officer's findings of fact, a determination of whether a code
violation exists based on the findings of fact, and an order
imposing a fine or other penalty, directing the respondent to
correct the violation, or dismissing the case if the
violation is not proved. If the hearing officer determines
that the respondent is liable for the cited violation, the
hearing officer shall enter an order imposing sanctions that
are provided in the code for the violations proved, including
the imposition of fines and the recovery of the costs of the
proceedings. Costs may be recovered in the same manner as
fines and penalties. A copy of the findings, decision, and
order shall be served by personal service or by any method
provided for service of the violation notice and report form
under Section 5-41020. The payment of any penalty or fine or
costs of the proceedings and the disposition of that money
shall be in the manner provided in this Code, unless the
county board provides otherwise when establishing the code
hearing unit.
(55 ILCS 5/5-41045 new)
Sec. 5-41045. Administrative review. The findings,
decision, and order of the hearing officer shall be subject
to review in the circuit court of the county. The
Administrative Review Law and the rules adopted pursuant
thereto shall apply to and govern every action for the
judicial review of the final findings, decision, and order of
a hearing officer under this Division 5-41.
(55 ILCS 5/5-41050 new)
Sec. 5-41050. Sanctions; transfer or conveyance of
property. The order to correct a code violation and the
sanctions imposed by a county against a respondent property
owner as the result of a finding of a code violation under
this Division 5-41 shall attach to the property, subject to
the interests of all lien holders of record, as well as to
the owner of the property, so that the owner cannot avoid the
finding of a code violation against the owner by conveying or
transferring the property to another. Any subsequent
transferee or owner of property takes the property subject to
the findings, decision, and order of a hearing officer under
this Division 5-41 if a notice consisting of a copy of the
order to correct a code violation and imposing any sanctions
and costs, if applicable, and a description of the real
estate affected that is sufficient to identify the real
estate has been filed in the office of the Recorder or the
office of the Registrar of Titles by the county prior to the
transfer or conveyance to the subsequent transferee or owner.
(55 ILCS 5/5-41055 new)
Sec. 5-41055. Collection of unpaid fines or other
sanctions.
(a) Any fine or other sanction or costs imposed, or any
part of any fine or other sanction or costs imposed,
remaining unpaid after the exhaustion of or failure to
exhaust procedures for judicial review under the
Administrative Review Law is a debt due and owed to the
county and, as such, may be collected in accordance with
applicable law. Any subsequent owner or transferee of
property takes subject to this debt if a notice has been
filed pursuant to Section 5-41050.
(b) After expiration of the period within which judicial
review under the Administrative Review Law may be sought for
a final determination of the code violation, the county may
commence a proceeding in the circuit court of the county for
purposes of obtaining a judgment on the hearing officer's
findings, decision, and order. Nothing in this Section
prevents a county from consolidating multiple findings,
decisions, and orders against a person or property in such a
proceeding.
(c) Upon commencement of the action, the county shall
file a certified copy of the findings, decision, and order,
which shall be accompanied by a certification that recites
facts sufficient to show that the findings, decision, and
order were issued in accordance with this Division 5-41 and
the applicable county ordinance. Service of the summons and
a copy of the petition may be by any method provided by
Section 2-203 of the Code of Civil Procedure or by certified
mail, return receipt requested, provided that the total
amount of fines or other sanctions and costs imposed by the
findings, decision, and order does not exceed $5,000.
(d) If the court is satisfied that the findings,
decision, and order were entered within the requirements of
this Division 5-41 and the applicable county ordinance and
that the respondent had an opportunity for a hearing under
this Division 5-41 and for judicial review as provided in
Section 5-41045:
(1) The court shall render judgment in favor of the
county and against the respondent for the amount
indicated in the findings, decision, and order plus court
costs. The judgment has the same effect and may be
enforced in the same manner as other judgments for the
recovery of money.
(2) The court may issue other orders or
injunctions, or both, requested by the county to enforce
the order of the hearing officer or to correct a code
violation.
(55 ILCS 5/5-41060 new)
Sec. 5-41060. Adoption of other necessary provisions by
county. Any county establishing a code hearing unit by
ordinance under this Division 5-41 may adopt other provisions
necessary and proper to carry into effect the powers granted
and the purposes stated in this Division.
(55 ILCS 5/5-1080 rep.)
Section 6. The Counties Code is amended by repealing
Section 5-1080. The repeal of Section 5-1080 shall not
affect any cause of action brought under Section 5-1080
before the effective date of this amendatory Act of 1997.
Section 7. The Township Code is amended, if and only if
the provisions of Senate Bill 307 of the 90th General
Assembly that are changed by this amendatory Act of 1997
become law, by changing Section 182-5 as follows:
(60 ILCS 1/182-5)
Sec. 182-5. Primary health care special district; tax.
(a) In any township in a county with a population of
25,000 or less containing a federally designated health
manpower shortage area, the township board may provide for
primary health care under an intergovernmental cooperation
agreement with another unit of local government or under
contract with physicians, a physician group, a professional
service corporation, a medical corporation, a health
maintenance organization, a voluntary health service plan, a
limited health service plan, a hospital for out-patient
services, or a federally qualified health center.
(b) For purposes described in subsection (a), the
township board may levy an annual tax of not more than 0.095%
of the value of all the taxable property in the township, as
equalized or assessed by the Department of Revenue, upon that
property. Before a tax may be levied under this Section, the
township board shall certify that question to the proper
election officials in accordance with General Election Law,
who shall submit the proposition by referendum to all the
voters in the area to be served. The referendum shall be in
substantially the following form:
Shall (name of township) be authorized to levy an annual
tax of not more than 0.095% of the value of all the taxable
property in the township to provide primary health care to
its citizens?
The votes shall be recorded as "Yes" or "No".
If the majority of the voters voting on the proposition
vote in favor of it, the tax levy is authorized. If a
majority of the vote is against the proposition, the tax levy
is not authorized. No tax may be levied under this Section,
however, with respect to any property that is subject to any
other tax levied for the sole purpose of providing primary
health care.
(c) Any territory of a special primary health care
district that is annexed to a municipality that provides
primary health care within its corporate limits shall be
automatically disconnected from the township primary health
care district.
(Source: 90SB0307eng.)
Section 8. The Illinois Municipal Code is amended by
changing Sections 8-1-7 and 11-135-2 as follows:
(65 ILCS 5/8-1-7) (from Ch. 24, par. 8-1-7)
Sec. 8-1-7. (a) Except as provided otherwise in this
Section, no contract shall be made by the corporate
authorities, or by any committee or member thereof, and no
expense shall be incurred by any of the officers or
departments of any municipality, whether the object of the
expenditure has been ordered by the corporate authorities or
not, unless an appropriation has been previously made
concerning that contract or expense. Any contract made, or
any expense otherwise incurred, in violation of the
provisions of this section shall be null and void as to the
municipality, and no money belonging thereto shall be paid on
account thereof. However, pending the passage of the annual
appropriation ordinance for any fiscal year, the corporate
authorities may authorize heads of departments or other
separate agencies of the municipality to make necessary
expenditures for the support thereof upon the basis of the
appropriations of the preceding fiscal year. However, if it
is determined by two-thirds vote of the corporate authorities
then holding office at a regularly scheduled meeting of the
corporate authorities that it is expedient and in the best
public interest to begin proceedings for the construction of
a needed public work, then the provisions of this section
shall not apply to the extent that the corporate authorities
may employ or contract for professional services necessary
for the planning and financing of such public work.
(b) Notwithstanding any provision of this Code to the
contrary, the corporate authorities of any municipality may
make contracts for a term exceeding one year and not
exceeding the term of the mayor or president holding office
at the time the contract is executed, relating to: (1) the
employment of a municipal manager, administrator, engineer,
health officer, land planner, finance director, attorney,
police chief or other officer who requires technical training
or knowledge; (2) the employment of outside professional
consultants such as engineers, doctors, land planners,
auditors, attorneys or other professional consultants who
require technical training or knowledge; (3) the provision of
data processing equipment and services; or (4) the provision
of services which directly relate to the prevention,
identification or eradication of disease. In such case the
corporate authorities shall include in the annual
appropriation ordinance for each fiscal year, an
appropriation of a sum of money sufficient to pay the amount
which, by the terms of the contract, is to become due and
payable during the current fiscal year.
(c) This section shall not apply to municipalities
operating under special charters.
(d) In order to promote orderly collective bargaining
relationships, to prevent labor strife and to protect the
interests of the public and the health and safety of the
citizens of Illinois, this Section shall not apply to
multi-year collective bargaining agreements between public
employers and exclusive representatives governed by the
provisions of the Illinois Public Labor Relations Act.
(d) Notwithstanding any provision of this Code to the
contrary, the corporate authorities of any municipality may
enter into multi-year collective bargaining agreements with
exclusive representatives under the provisions of the
Illinois Public Labor Relations Act.
(e) Notwithstanding any provision of this Code to the
contrary, the corporate authorities of any municipality may
enter into any multi-year contract or otherwise associate for
any term under the provisions of Section 10 of Article VII of
the Illinois Constitution or the Intergovernmental
Cooperation Act.
(Source: P.A. 85-924.)
(65 ILCS 5/11-135-2) (from Ch. 24, par. 11-135-2)
Sec. 11-135-2. Upon the adoption of such an ordinance or
resolution by the corporate authorities of any such
municipality, the mayor or president, with the approval of
the corporate authorities, shall appoint a commissioner. The
commissioners so appointed by each of such municipalities
together with a like commissioner appointed by the presiding
officer of the county board with the advice and consent of
the county board of the county in which the major part of the
works of the water commission are, or are to be, located,
shall constitute a commission and public corporation with the
powers and duties specified in this Division 135. The
corporate name of the commission shall be "(here insert an
appropriate name indicative of the area) Water Commission"
and as such the Commission may contract and be contracted
with, and sue and be sued.
The commissioners so appointed shall serve for a term of
6 years, or until their successors have been appointed and
have qualified in the same manner as the original
appointments, except that the commissioners first appointed
shall determine by lot at their first meeting the respective
commissioners whose terms shall be for 2, 4 and 6 years from
the date of that meeting. Each commissioner appointed by a
mayor or president shall be an elector or the chief
administrator of the municipality for which he acts as
commissioner, and the commissioner appointed by the presiding
officer of the county board shall be an elector of the county
in which the major works of the water commission are, or are
to be, located. Any commissioner so appointed may be a
member of the governing board or officer or employee of the
municipality or county from which the appointment is made. A
commissioner is eligible for reappointment upon the
expiration of his term. A vacancy shall be filled for the
balance of the unexpired term of the person who has ceased to
hold office by the mayor, president or county board presiding
officer who initially made such appointment in the same
manner as the original appointment. Each commissioner shall
receive the same compensation, as determined by the
appointing authority, which shall not be more than $2,000
$1,000 per year, except that no commissioner who is a member
of the governing board or officer or employee of the
municipality or county from which the appointment is made may
receive any compensation for serving as commissioner. Each
commissioner shall furnish a bond for the faithful
performance of his official duties. This bond shall not be
less than $5,000 and its costs shall be paid by the
commission.
Each commissioner may be removed for any cause for which
any other municipal officer may be removed. No commissioner,
or employee of the commission, and no mayor, or president, or
other member of the corporate authorities, or any employee of
any of the municipalities, shall be interested directly or
indirectly in any contract or job of work or materials, or
the profits thereof, or services to be performed for or by
the commission.
A violation of any of the foregoing provisions of this
section is a Class C misdemeanor. A conviction is cause for
the removal of a person from his office or employment.
(Source: P.A. 84-811.)
Section 15. The Illinois Public Aid Code is amended by
changing Section 11-14.5 as follows:
(305 ILCS 5/11-14.5)
Sec. 11-14.5. Overpayment; recovery. If an applicant or
recipient receives any form of public aid from the Illinois
Department or a local governmental unit to which he or she is
not entitled, the Illinois Department or local governmental
unit may determine that the applicant or recipient has
received an overpayment of public aid. The Illinois
Department may determine that an overpayment has been
received regardless of any determination of the cause of the
overpayment, including but not limited to a determination
that the overpayment was caused by an error of the Illinois
Department or local governmental unit. The Illinois
Department or local governmental unit may attempt to recover
the overpayment by recoupment from future assistance payments
or food stamps or any other legal means consistent with State
and federal law.
(Source: P.A. 89-673, eff. 8-14-96.)
Section 99. Effective date. This Act takes effect upon
becoming law.