Illinois Compiled Statutes
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MUNICIPALITIES65 ILCS 5/11-19-10
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/11-19-10)
(from Ch. 24, par. 11-19-10)
Every city, village, and incorporated town may acquire by
purchase, gift or condemnation any real property within or without the
corporate limits of such city, village or incorporated town for the purpose
of providing facilities for the disposal of garbage, refuse and ashes. In
all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under the Eminent Domain Act.
In any village containing a population of less than 15,000 where the
property sought to be acquired is to be used for a
refuse derived fuel system and for industrial development that will utilize
steam and electricity derived from such system, such property may be
acquired pursuant to the "quick-take" procedures prescribed in Section
7-103 of such Code (now Article 20 of the Eminent Domain Act) if such procedures are commenced on or before June 30,
1987. As used herein, "refuse derived fuel system" means a facility
designed to convert refuse and other waste materials into steam and
electricity to be used for industrial development and other commercial purposes.
If a city, village or incorporated town joins with one or more than one
other city, village or incorporated town or county in the exercise of the
powers granted by this section, (a) any real property purchased shall be
taken in the names of the contracting cities, villages, incorporated towns,
and counties, if any; (b) in case of condemnation, the city, village or
incorporated town in which the real property lies, or the city, village or
incorporated town nearest to the area of the real property to be condemned,
shall institute condemnation proceedings; Provided, (1) any real property
so acquired shall be held in trust by such city, village or incorporated
town for the benefit of the contracting cities, villages, incorporated
towns, and counties, all of which shall bear the expense of condemnation
according to agreement; (2) when real property acquired by condemnation is
no longer used for joint disposal of garbage, refuse and ashes, it shall be
sold by the city, village or incorporated town in whose name it is held and
the proceeds shall be distributed to the contracting cities, villages,
incorporated towns, and counties as their interests shall appear. Any
improvements existing on real property jointly acquired by purchase, gift
or condemnation for garbage, refuse and ashes disposal purposes which
cannot be used for such purposes may be disposed of in such manner as is
mutually agreeable to the cities, villages, incorporated towns, and
(Source: P.A. 94-1055, eff. 1-1-07.)
65 ILCS 5/Art. 11 Div. 19.1
(65 ILCS 5/Art. 11 Div. 19.1 heading)
AIR CONTAMINATION CONTROL
65 ILCS 5/11-19.1-11
(65 ILCS 5/11-19.1-11)
(from Ch. 24, par. 11-19.1-11)
For the purposes of lessening or preventing the discharge
of air contaminants, the corporate authorities of a city, village or
incorporated town may prescribe by ordinance for the regulation of (1) the
design and installation of accessory or appurtenant parts and equipment of
buildings and structures and uses of land connected with the emission of
air contaminants, (2) the operation or use of equipment and appliances
emitting air contaminants, (3) the conduct or carrying on of uses of land
which causes the emission into the atmosphere of air contaminants, and (4)
the abatement of an operation, activity or use causing air contamination.
For the purposes of this Section, "air contaminant" means and includes but
is not limited to the following: dust, soot, mist, smoke, fumes, fly ash,
vapor, corrosive gas or other discharge and any other air borne material or
substance that is offensive, nauseous, irritating or noxious to humans or
other animal life.
The corporate authorities of any city, village or incorporated town may
make contracts providing for a program of joint air contamination control
within the jurisdiction of the contracting parties and providing terms and
conditions that are not in conflict with this Section with the corporate
authorities of any one or more of the following:
(a) any other city, village or incorporated town;
(b) one or more counties; or
(c) adjoining areas of another State.
The corporate authorities of each city, village or incorporated town
desiring to so contract shall appoint a committee of no more than 3 of its
own members to negotiate the terms and conditions of the proposed contract
which shall be subject to approval by those corporate authorities. The
rules and regulations for air contamination control established pursuant to
the terms and conditions of such approved contract shall be adopted by
ordinance by each contracting city, village or incorporated town.
Whenever the corporate authorities of any city, village or incorporated
town enter a contract that is authorized by this Section they shall include
in the annual appropriation ordinance for each fiscal year, an
appropriation of a sum of money sufficient to pay the amount which, by the
terms of the contract, is to become due and payable from that city, village
or incorporated town during the current fiscal year.
(Source: Laws 1967, p. 1340
65 ILCS 5/Art. 11 Div. 19.2
(65 ILCS 5/Art. 11 Div. 19.2 heading)
SANITATION CODE VIOLATIONS
65 ILCS 5/11-19.2-1
(65 ILCS 5/11-19.2-1)
(from Ch. 24, par. 11-19.2-1)
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
determine whether or not a code violation exists;
(2) to hear testimony and accept evidence from the
sanitation inspector, the respondent and all interested parties relevant to the existence of a code violation;
(3) to preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the hearing;
(4) to issue and sign a written finding, decision and
order stating whether a code violation exists; and
(5) to impose penalties consistent with applicable
code provisions and to assess costs reasonably related to instituting the proceeding upon finding the respondent liable for the charged violation, provided, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration.
(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.)
65 ILCS 5/11-19.2-2
(65 ILCS 5/11-19.2-2)
(from Ch. 24, par. 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
(Source: P.A. 86-1364.)
65 ILCS 5/11-19.2-3
(65 ILCS 5/11-19.2-3)
(from Ch. 24, par. 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.)
65 ILCS 5/11-19.2-4
(65 ILCS 5/11-19.2-4)
(from Ch. 24, par. 11-19.2-4)
Instituting code hearing proceedings.
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
(Source: P.A. 97-1088, eff. 8-24-12.)
65 ILCS 5/11-19.2-5
(65 ILCS 5/11-19.2-5)
(was 65 ILCS 5/19.2-5)
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.)
65 ILCS 5/19.2-5
(65 ILCS 5/19.2-5)
(from Ch. 24, par. 11-19.2-5)
(Source: Renumbered by P.A. 95-331, eff. 8-21-07.)
65 ILCS 5/11-19.2-6
(65 ILCS 5/11-19.2-6)
(from Ch. 24, par. 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
(Source: P.A. 86-1364.)
65 ILCS 5/11-19.2-7
(65 ILCS 5/11-19.2-7)
(from Ch. 24, par. 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.)
65 ILCS 5/11-19.2-8
(65 ILCS 5/11-19.2-8)
(from Ch. 24, par. 11-19.2-8)
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 whether or not a code violation
exists. The determination shall be in writing and shall be designated as
the findings, decision and order. The findings, decision and order shall
include the hearing officer's findings of fact, a decision whether or not a
code violation exists based upon the findings of fact, and an order,
imposing a fine or other penalty, directing the respondent to correct the
violation, or dismissing the case in the event the violation is not proved.
If the hearing officer determines that the respondent is liable for the
cited violation, the hearing officer shall enter an order imposing sanctions
that are provided in the code for the violations proved, including the
imposition of fines and recovery of the costs of the proceedings, which
costs shall be enforced in like manner as the enforcement of fines and
penalties. A copy of the findings, decision and order shall be served by
personal service or by any method provided for service of the violation
notice and report form pursuant to Section 11-19.2-4. Payment of any
penalty, fine or costs of the proceedings and the disposition of such money
shall be in the same manner as set forth in this Code, unless the corporate
authorities establishing a code hearing unit by ordinance provide otherwise.
(Source: P.A. 86-1364.)
65 ILCS 5/11-19.2-9
(65 ILCS 5/11-19.2-9)
(from Ch. 24, par. 11-19.2-9)
The findings, decision and
order of the hearing officer shall be subject to review in the circuit
court of the county where the municipality is located, and
the provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto are adopted
and shall apply to and govern every action for the judicial review of the
final findings, decision and order of a hearing officer under this Division.
(Source: P.A. 86-1364.)
65 ILCS 5/11-19.2-10
(65 ILCS 5/11-19.2-10)
(from Ch. 24, par. 11-19.2-10)
Sanctions appropriate to owner - property.
order to correct a code violation and the sanctions imposed by a
municipality against a respondent property owner as the result of a
finding of a code violation under this Division shall attach to the
property as well as the owner of the property, so that the finding of a code
violation against one owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or owner of
property takes subject to the findings, decision and order of a hearing
officer under this Division if a notice consisting of a copy of the order
to correct a code violation and imposing any sanctions and costs, if
applicable, and a description of the real estate affected sufficient for
the identification thereof, has been filed in the office of the Recorder or
the office of the Registrar of Titles in the county in which such real
estate is located by the municipality prior to the transfer or conveyance
to the subsequent transferee or owner.
(Source: P.A. 86-1364.)