(210 ILCS 115/19)
(from Ch. 111 1/2, par. 729)
(a) Whoever violates any provision of this Act, shall, except as
provided, be guilty of a Class B misdemeanor. Each day's violation shall
constitute a separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General shall bring such actions in
the name of the people of the State of Illinois, or may, in addition to
other remedies provided in this Act, bring action for an injunction to
restrain such violation, or to enjoin the operation of any such mobile home
(b) The Department may also impose an administrative monetary penalty against a person
who operates a mobile home park in violation of this Act or the rules adopted
under the authority of this Act. The Department shall establish the amount of the penalties by rule. The Department must provide the person with written notification of the
alleged violation and allow a minimum of 30 days for correction of the alleged violation before imposing an
administrative monetary penalty, unless the alleged violation involves life safety in which case the Department shall allow a minimum of 10 days for correction of the alleged life safety violation before imposing an administrative monetary penalty. The Department shall adopt rules defining violations that involve life safety.
In addition, before imposing an administrative monetary penalty under this subsection, the Department must provide the following to the person operating the mobile home park:
(1) Written notice of the person's right to request
an administrative hearing on the question of the alleged violation.
(2) An opportunity to present evidence, orally or in
writing or both, on the question of the alleged violation before an impartial hearing examiner appointed by the Director of Public Health.
(3) A written decision from the Director of Public
Health, based on the evidence introduced at the hearing and the hearing examiner's recommendations, finding that the person violated this Act.
The Attorney General may bring an action in the circuit court to enforce the collection of an administrative monetary penalty imposed under this subsection.
The Department shall deposit all administrative monetary penalties collected under this subsection into the Facility Licensing Fund. Subject to appropriation, moneys in the Fund shall be used for the enforcement of this Act.
(Source: P.A. 95-383, eff. 1-1-08.)