093_HB3862

 
                                     LRB093 13280 MKM 18550 b

 1        AN ACT concerning local government.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-41020 as follows:

 6        (55 ILCS 5/5-41020)
 7        Sec. 5-41020.  Instituting proceedings.
 8        (a)  When  a  code  enforcement  officer  observes a code
 9    violation, the officer shall note  or,  in  the  case  of  an
10    animal  control  violation,  the code enforcement officer may
11    respond to the filing of a formal  complaint  by  noting  the
12    violation  on  a violation notice and report form, indicating
13    the following: the name and address  of  the  respondent,  if
14    known;  the  name,  address,  and  state vehicle registration
15    number of the  waste  hauler  who  deposited  the  waste,  if
16    applicable;  the  type  and nature of the violation; the date
17    and time the violation was observed; the names  of  witnesses
18    to the violation; and the address of the location or property
19    where the violation is observed.
20        (b)  The violation notice and report form shall contain a
21    file  number and a hearing date noted by the code enforcement
22    officer in the blank spaces provided for that purpose on  the
23    form.   The  violation  notice  and  report  shall state that
24    failure to appear at the hearing on the  date  indicated  may
25    result   in  a  determination  of  liability  for  the  cited
26    violation and the imposition of fines and assessment of costs
27    as  provided  by  the  applicable  county  ordinance.     The
28    violation  notice  and  report  shall  also state that upon a
29    determination of liability and the exhaustion of  or  failure
30    to  exhaust  procedures for judicial review, any unpaid fines
31    or costs imposed will constitute a debt due and owed  to  the
 
                            -2-      LRB093 13280 MKM 18550 b
 1    county.
 2        (c)  A copy of the violation notice and report form shall
 3    be  served  on  the  respondent either personally or by first
 4    class mail, postage prepaid,  sent  to  the  address  of  the
 5    respondent.   If  the  name  of the respondent property owner
 6    cannot be ascertained or if service on the respondent  cannot
 7    be  made  by  mail,  service  may  be  made on the respondent
 8    property owner by posting, not less than 20 days  before  the
 9    hearing  is  scheduled,  a  copy  of the violation notice and
10    report form in a prominent place on the  property  where  the
11    violation  is  found. If the violation notice and report form
12    requires the respondent to answer within a certain amount  of
13    time,  the  county  must  reply to the answer within the same
14    amount of time afforded to the respondent.
15    (Source: P.A. 90-517, eff. 8-22-97.)

16        Section 10.  The Illinois Municipal Code  is  amended  by
17    changing Sections 1-2.1-5 and 1-2.2-20 as follows:

18        (65 ILCS 5/1-2.1-5)
19        Sec. 1-2.1-5.  Administrative hearing proceedings.
20        (a)  Any    ordinance    establishing    a    system   of
21    administrative adjudication, pursuant to this Division, shall
22    afford parties due  process  of  law,  including  notice  and
23    opportunity for hearing. Parties shall be served with process
24    in a manner reasonably calculated to give them actual notice,
25    including, as appropriate, personal service of process upon a
26    party  or  its  employees  or  agents;  service  by mail at a
27    party's address; or notice that is posted upon  the  property
28    where  the  violation is found when the party is the owner or
29    manager  of  the  property.  If  the  notice   requires   the
30    respondent  to  answer  within  a certain amount of time, the
31    municipality must reply to the answer within the same  amount
32    of time afforded to the respondent.
 
                            -3-      LRB093 13280 MKM 18550 b
 1        (b)  Parties  shall  be  given  notice of an adjudicatory
 2    hearing which includes  the  type  and  nature  of  the  code
 3    violation  to  be  adjudicated,  the date and location of the
 4    adjudicatory hearing, the legal  authority  and  jurisdiction
 5    under  which the hearing is to be held, and the penalties for
 6    failure to appear at the hearing.
 7        (c)  Parties shall be provided with an opportunity for  a
 8    hearing  during  which  they  may  be represented by counsel,
 9    present  witnesses,  and  cross-examine  opposing  witnesses.
10    Parties may request the hearing officer to issue subpoenas to
11    direct the attendance and testimony of relevant witnesses and
12    the production of  relevant  documents.   Hearings  shall  be
13    scheduled  with  reasonable  promptness,  provided  that  for
14    hearings   scheduled  in  all  non-emergency  situations,  if
15    requested by the defendant, the defendant shall have at least
16    15 days after service of process to prepare  for  a  hearing.
17    For   purposes   of   this   subsection  (c),  "non-emergency
18    situation" means  any  situation  that  does  not  reasonably
19    constitute  a  threat  to  the  public  interest,  safety, or
20    welfare.  If service is provided by mail, the  15-day  period
21    shall begin to run on the day that the notice is deposited in
22    the mail.
23    (Source: P.A. 90-516, eff. 1-1-98.)

24        (65 ILCS 5/1-2.2-20)
25        Sec. 1-2.2-20. Instituting code hearing proceedings. When
26    a  police  officer  or other individual authorized to issue a
27    code violation finds a code violation to exist,   he  or  she
28    shall  note the violation on a multiple copy violation notice
29    and report form that indicates (i) the name  and  address  of
30    the  defendant,  (ii)  the  type and nature of the violation,
31    (iii) the date and time the violation was observed, and  (iv)
32    the names of witnesses to the violation.
33        The  violation report form shall be forwarded to the code
 
                            -4-      LRB093 13280 MKM 18550 b
 1    hearing department where a docket number shall be stamped  on
 2    all copies of the report and a hearing date shall be noted in
 3    the  blank spaces provided for that purpose on the form.  The
 4    hearing date shall not be less than 30 nor more than 40  days
 5    after the violation is reported.
 6        One copy of the violation report form shall be maintained
 7    in the files of the code hearing department and shall be part
 8    of  the  record of hearing, one copy of the report form shall
 9    be returned to the individual representing  the  municipality
10    in  the  case  so  that he or she may prepare evidence of the
11    code violation for presentation at the hearing  on  the  date
12    indicated, and one copy of the report form shall be served by
13    first  class  mail  to  the  defendant  along  with a summons
14    commanding the defendant to appear at  the  hearing.  If  the
15    violation  report  form  requires  the  respondent  to answer
16    within a certain amount of time, the municipality must  reply
17    to  the answer within the same amount of time afforded to the
18    respondent.
19    (Source: P.A. 90-777, eff. 1-1-99.)