(65 ILCS 5/1-2.1-4)
Code hearing units; powers of hearing officers.
(a) An ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall provide for a code hearing unit within an
existing agency or as a separate agency in the municipal government. The
ordinance shall establish the jurisdiction of a code hearing unit that is
consistent with this Division. The "jurisdiction" of a code hearing unit
refers to the particular code violations that it may adjudicate.
(b) Adjudicatory hearings shall be presided over by hearing officers. The
powers and duties of a hearing officer shall include:
(1) hearing testimony and accepting evidence that is
relevant to the existence of the code violation;
(2) issuing subpoenas directing witnesses to appear
and give relevant testimony at the hearing, upon the request of the parties or their representatives;
(3) preserving and authenticating the record of the
hearing and all exhibits and evidence introduced at the hearing;
(4) issuing a determination, based on the evidence
presented at the hearing, of whether a code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply; and
(5) imposing penalties consistent with applicable
code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, or at the option of the municipality, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the municipality is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the municipality's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality.
(c) Prior to conducting administrative adjudication proceedings,
administrative hearing officers shall have successfully completed a formal
training program which includes the following:
(1) instruction on the rules of procedure of the
administrative hearings which they will conduct;
(2) orientation to each subject area of the code
violations that they will adjudicate;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including
ruling on evidence and issuing final orders.
In addition, every administrative hearing officer must
be an attorney licensed to practice law in
the State of Illinois for at least 3 years.
(d) A proceeding before a code hearing unit shall be instituted upon the
filing of a written pleading by an authorized official of the municipality.
(Source: P.A. 90-516, eff. 1-1-98.)
(65 ILCS 5/1-2.1-5)
Administrative hearing proceedings.
(a) Any ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall afford parties due process of law, including
notice and opportunity for hearing. Parties shall be served with process in a
manner reasonably calculated to give them actual notice, including, as
appropriate, personal service of process upon a party or its employees or
service by mail at a party's address; or notice that is posted upon the
property where the violation is found when the party is the owner or manager of
In municipalities with a population under 3,000,000, if the notice requires the respondent to answer within
certain amount of time, the municipality must
reply to the answer within the same amount of time afforded to the
(b) Parties shall be given notice of an adjudicatory hearing which includes
the type and nature of the code violation to be adjudicated, the date and
location of the adjudicatory hearing, the legal authority and jurisdiction
under which the hearing is to be held, and the penalties for failure to appear
at the hearing.
(c) Parties shall be provided with an opportunity for a hearing during which
they may be represented by counsel, present witnesses, and cross-examine
opposing witnesses. Parties may request the hearing officer to issue subpoenas
to direct the attendance and testimony of relevant witnesses and the production
of relevant documents. Hearings shall be scheduled with reasonable promptness,
provided that for hearings scheduled in all non-emergency situations, if
by the defendant, the defendant shall have at least 15
days after service of process to prepare for a hearing.
For purposes of this subsection (c), "non-emergency situation" means any
situation that does not reasonably constitute a threat to the public
interest, safety, or welfare. If service is provided by mail, the 15-day
period shall begin to run on the day that the notice is deposited in the
(Source: P.A. 94-616, eff. 1-1-06.)
(65 ILCS 5/1-2.1-8)
Enforcement of judgment.
(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 Illinois Administrative
Review Law are a debt due and owing the municipality and may be collected in
accordance with applicable law.
(b) 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.
(c) 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
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.
(d) 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
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
(e) 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
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
If any judgment is set aside pursuant to this subsection (e), 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. 90-516, eff. 1-1-98.)