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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 1 Div. 2.2
(65 ILCS 5/Art. 1 Div. 2.2 heading)
DIVISION 2.2.
CODE HEARING DEPARTMENTS
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65 ILCS 5/1-2.2-1
(65 ILCS 5/1-2.2-1)
Sec. 1-2.2-1. Applicability. This Division 2.2 applies only to
municipalities
that are non-home
rule units. Nothing in this Division 2.2 allows a non-home rule municipality
to pursue any remedies not
otherwise authorized by statute. A non-home rule municipality may adopt a code hearing unit under Division 2.1 instead of this Division.
(Source: P.A. 103-260, eff. 1-1-24 .)
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65 ILCS 5/1-2.2-5
(65 ILCS 5/1-2.2-5)
Sec. 1-2.2-5.
Definitions.
As used in this Division, unless the context
requires otherwise:
"Code" means any municipal ordinance except for (i) building code violations
that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act
and (ii) any offense under the
Illinois Vehicle
Code or a similar offense that is a traffic regulation governing the movement
of vehicles and except for
any reportable offense under Section 6-204 of the Illinois Vehicle Code.
"Hearing officer" means a municipal employee or an officer or agent of a
municipality, other
than a law enforcement officer, whose duty it is to:
(1) preside at an administrative hearing called to determine whether or
not a code violation
exists;
(2) hear testimony and accept evidence from all interested parties
relevant to the existence of a
code violation;
(3) preserve and authenticate the transcript and record of the hearing and
all exhibits and
evidence introduced at the hearing; and
(4) issue and sign a written finding, decision, and order stating whether
a
code violation exists.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-10
(65 ILCS 5/1-2.2-10)
Sec. 1-2.2-10.
Code hearing department.
The corporate authorities of any
municipality may adopt this Division and establish a code hearing department
within an existing code enforcement agency or as a separate and independent
agency in the municipal government. The function of the hearing department is
to expedite the prosecution and correction of code violations in the manner set
forth in this Division.
The code hearing department may adjudicate any violation of a municipal
ordinance except for (i) building code violations that must be adjudicated
pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under
the Illinois Vehicle Code or similar offense that is a traffic regulation
governing the movement of vehicles and except for any reportable offense under
Section 6-204 of the Illinois Vehicle Code.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-15
(65 ILCS 5/1-2.2-15)
Sec. 1-2.2-15.
Hearing procedures not exclusive.
In any municipality
where this Division is
adopted, this Division does not preclude the municipality from using other
methods to enforce the
provisions of its code.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-20 (65 ILCS 5/1-2.2-20)
Sec. 1-2.2-20. Instituting code hearing proceedings. When a police
officer or other individual
authorized to issue a code violation finds a code violation to exist, he or
she
shall note the violation on a
multiple copy violation notice and report form that indicates (i) the name and
address
of the defendant, (ii) the
type and nature of the violation, (iii) the date and time the violation was
observed,
and (iv) the names of
witnesses to the violation.
The violation report form shall be forwarded to the code hearing department
where a docket
number shall be stamped on all copies of the report and a hearing date shall be
noted
in the blank spaces
provided for that purpose on the form. The hearing date shall not be less than
30 nor more than 40
days after the violation is reported.
However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than 7 nor more than 40 days after the violation is reported.
One copy of the violation report form shall be maintained in the files of the
code hearing
department and shall be part of the record of hearing, one copy of the report
form shall be returned to
the individual representing the municipality in the case so that he or she may
prepare evidence of the code
violation for presentation at the hearing on the date indicated, and one copy
of the report form shall be
served by first class mail to the defendant along with a summons commanding
the defendant to appear
at the hearing.
In municipalities with a population under 3,000,000, if the violation report form requires the respondent to
answer within a certain amount of time, the
municipality must reply to the answer within the same amount of time
afforded to the
respondent.
(Source: P.A. 94-616, eff. 1-1-06; 95-1016, eff. 6-1-09 .)
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65 ILCS 5/1-2.2-25
(65 ILCS 5/1-2.2-25)
Sec. 1-2.2-25.
Subpoenas; defaults.
At any time prior to the hearing date,
the hearing officer
assigned to hear the case may, at the request of either party, direct witnesses
to appear and give
testimony at the hearing. If on the date set for hearing the defendant or his
or her attorney fails to appear, the
hearing officer may find the defendant in default and shall proceed with the
hearing and accept evidence
relevant to the existence of a code violation.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-30
(65 ILCS 5/1-2.2-30)
Sec. 1-2.2-30.
Continuances; representation at code hearings.
No
continuances shall be
authorized by the hearing officer in proceedings under this Division except in
cases where a continuance
is absolutely necessary to protect the rights of the defendant. Lack of
preparation shall not be grounds
for a continuance. Any continuance authorized by a hearing officer under this
Division shall not exceed
25 days. The case for the municipality may be presented by an attorney
designated by the municipality
or by any other municipal employee, except that the case for
the municipality shall not be
presented by an employee of the code hearing department. The case for the
defendant may be
presented by the defendant, his or her attorney, or any other agent or
representative of the defendant.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-35
(65 ILCS 5/1-2.2-35)
Sec. 1-2.2-35.
Hearing; evidence.
At the hearing a hearing officer shall
preside, shall hear
testimony, and shall accept any evidence relevant to the existence or
non-existence of
a code violation. The
strict rules of evidence applicable to judicial proceedings shall not apply to
hearings authorized by this
Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-40
(65 ILCS 5/1-2.2-40)
Sec. 1-2.2-40.
Qualifications of hearing officers.
Prior to conducting
proceedings under this
Division, hearing officers shall successfully complete a formal training
program that includes the
following:
(1) instruction on the rules of procedure of the hearing that they will
conduct;
(2) orientation to each subject area of the code violations that they will
administer;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including rules on evidence and
issuing final orders.
In addition, every hearing officer must be an attorney licensed to practice
law
in the State of
Illinois for at least 3 years.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-45
(65 ILCS 5/1-2.2-45)
Sec. 1-2.2-45.
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 or not a code
violation exists. The determination shall be in writing and shall be
designated as findings, decision, and
order. The findings, decision, and order shall include (i) the hearing
officer's
findings of fact; (ii) a decision
of whether or not a code violation exists based upon the findings of fact; and
(iii) an
order that states the sanction
or dismisses the case if a violation is not proved.
A monetary sanction for a
violation under this Division shall not exceed the amount provided for in
Section 1-2-1
of this Act. A copy of
the findings, decision, and order shall be served on the defendant within 5
days after it is issued.
Service shall be in the same manner that the report form and summons are served
under Section 1-2.2-20 of this Division. Payment of any penalty or fine and
the
disposition of fine money shall
be in the same manner as
set forth in the code, unless the corporate authorities adopting this Division
provide otherwise.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-50
(65 ILCS 5/1-2.2-50)
Sec. 1-2.2-50.
Review under Administrative Review Law.
The findings,
decision, and order of the
hearing officer shall be subject to review in the circuit court of the county
in which the municipality is
located. The provisions of the Administrative Review Law,
and the rules adopted pursuant thereto, shall apply to
and govern every action
for the judicial review of the findings, decision, and order of a hearing
officer under this Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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65 ILCS 5/1-2.2-55
(65 ILCS 5/1-2.2-55)
Sec. 1-2.2-55. Judgment on findings, decision, and order.
(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 Administrative
Review Law shall be a
debt due and owing the municipality and, as such, may be collected in
accordance with applicable law.
(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
municipality may commence a
proceeding in the circuit court of the county in which the municipality is
located
for purpose of obtaining a
judgment on the findings, decision, and order. Nothing in this Section shall
prevent a municipality from
consolidating multiple findings, decisions, and orders against a person in such
a proceeding. Upon
commencement of the action, the municipality 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 was issued in accordance with this Division and the
applicable municipal ordinance.
Service of the summons and a copy of the petition may be by any method provided
for by Section 2-203
of the Code of Civil Procedure or by certified mail, return receipt requested,
provided that the total
amount of fines, other sanctions, and costs imposed by the findings, decision,
and order does not exceed
$2,500. If the court is satisfied that the findings, decision, and order was
entered in accordance with the
requirements of this Division and the applicable municipal ordinance and that
the defendant had an
opportunity for a hearing under this Division and for judicial review as
provided in this Division:
(1) The court shall render judgment in favor of the | | municipality and against the defendant for the amount indicated in the findings, decision and order, plus costs. The judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money.
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(2) The court may also issue any other orders and
| | injunctions that are requested by the municipality to enforce the order of the hearing officer to correct a code violation.
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(c) In place of a proceeding under subsection (b) of this Section, 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.
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 municipality 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 municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the municipality 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 such a hearing, which shall not be less than 7 days from 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.
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 municipality 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.
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 municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection (c), the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment.
(Source: P.A. 99-293, eff. 8-6-15.)
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65 ILCS 5/1-2.2-60
(65 ILCS 5/1-2.2-60)
Sec. 1-2.2-60.
Adoption of Division by municipality.
This Division may be
adopted by a non-home rule municipality by incorporating the provisions of this
Division in an
ordinance and by passing and
publishing the ordinance in the manner provided in Division 2 of Article 1 of
this Act.
(Source: P.A. 90-777, eff. 1-1-99.)
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