(65 ILCS 5/Art. 11 Div. 19.2 heading) DIVISION 19.2.
SANITATION CODE VIOLATIONS
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(65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
Sec. 11-19.2-1.
Definitions.
As used in this Division, unless the
context requires otherwise:
(a) "Code" means any municipal ordinance that pertains to or regulates:
sanitation practices; forestry practices; the attachment of bills or
notices to public property; the definition, identification and abatement of
public nuisances; and the accumulation, disposal and transportation of
garbage, refuse and other forms of solid waste in a municipality.
(b) "Sanitation inspector" means a municipal employee authorized to
issue citations for code violations and to conduct inspections of public or
private real property in a municipality to determine if code violations exist.
(c) "Property owner" means the legal or beneficial owner of an improved
or unimproved parcel of real estate.
(d) "Hearing officer" means a person other than a sanitation inspector
or law enforcement officer having the following powers and duties:
(1) to preside at an administrative hearing called to | ||
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(2) to hear testimony and accept evidence from the | ||
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(3) to preserve and authenticate the record of the | ||
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(4) to issue and sign a written finding, decision and | ||
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(5) to impose penalties consistent with applicable | ||
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(e) "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.
(f) "Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning wastes, mixed refuse,
non-combustible refuse, rubbish, and trash as those terms are defined in the Solid Waste Disposal District Act.
(g) "Waste hauler" means any person owning or controlling any vehicle
used to carry or transport garbage, refuse or other forms of solid waste.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/11-19.2-2) (from Ch. 24, par. 11.19.2-2)
Sec. 11-19.2-2.
Code hearing unit.
The corporate authorities of any
municipality having a population of 100,000 or more inhabitants may
establish by ordinance a code hearing unit within an existing code
enforcement agency or as a separate and independent agency in the municipal
government. The function of the code hearing unit is to expedite the
prosecution and correction of code violations in the manner set forth in
this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-3) (from Ch. 24, par. 11-19.2-3)
Sec. 11-19.2-3.
Hearing procedures not exclusive.
In any municipality
where this Division is adopted, this Division shall not preclude the
municipality from using other methods to enforce the provisions of its Code.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
Sec. 11-19.2-4. Instituting code hearing proceedings. When a
sanitation inspector observes or otherwise discovers a code violation, he
shall note the violation on a violation notice and report form, indicating
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, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged 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.
The violation notice and report form shall contain a file number and a
hearing date noted by the sanitation inspector in the blank spaces provided
for that purpose on the form. The violation notice and report form 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
municipal ordinance. The violation notice and report form shall also state
that upon a determination of liability and the exhaustion or failure to
exhaust procedures for judicial review, any unpaid fines or costs imposed
will constitute a debt due and owing the municipality.
A copy of the violation notice and report form shall be served upon the
respondent either personally or by first class mail, postage prepaid, and
sent to the address of the respondent. If the municipality has an
ordinance requiring all or certain property owners to register with the
municipality, service may be made on the respondent property owner by
mailing the violation notice and report to the owner's address registered
with the municipality. If the name of the respondent property owner cannot
be ascertained or if service on such respondent cannot be made by mail,
service may be made on the respondent property owner by posting a copy of
the violation notice and report form in a prominent place upon the property
where the violation is found, not less than 10 days before the hearing is
scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-19.2-5) (was 65 ILCS 5/19.2-5)
Sec. 11-19.2-5. Subpoenas - Defaults. At any time prior to
the hearing date the hearing officer assigned to hear the case
may, at the request of the sanitation inspector or the attorney
for the municipality, or the respondent or his attorney, issue
subpoenas directing witnesses to appear and give testimony at
the hearing. If on the date set for hearing the respondent or
his attorney fails to appear, 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.
(Source: P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/19.2-5) (from Ch. 24, par. 11-19.2-5)
Sec. 19.2-5.
(Renumbered).
(Source: Renumbered by P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/11-19.2-6) (from Ch. 24, par. 11-19.2-6)
Sec. 11-19.2-6.
Representation at code hearings.
The case for the
municipality may be presented by the sanitation inspector, by any other
municipal employee or by an attorney designated by the municipality.
However, in no event shall the case for the municipality be presented by an
employee of the code hearing unit. The case for the respondent may be
presented by the respondent, his attorney, or any other agent or
representative.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-7) (from Ch. 24, par. 11-19.2-7)
Sec. 11-19.2-7.
Hearing - Evidence.
The hearing officer shall preside
at the hearing, shall hear testimony and accept any evidence relevant
to the existence or non-existence of a code violation upon the property
indicated. The sanitation inspector's signed violation notice and report
form shall be prima facie evidence of the existence of the code violation
described therein. The strict rules of evidence applicable to judicial
proceedings shall not apply to hearings authorized under this Division.
(Source: P.A. 86-1364.)
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