Illinois Compiled Statutes
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MUNICIPALITIES65 ILCS 5/11-31.1-2
(65 ILCS 5/) Illinois Municipal Code.
(65 ILCS 5/11-31.1-2)
(from Ch. 24, par. 11-31.1-2)
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.
(Source: P.A. 88-37.)
65 ILCS 5/11-31.1-3
(65 ILCS 5/11-31.1-3)
(from Ch. 24, par. 11-31.1-3)
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. 86-1039.)
65 ILCS 5/11-31.1-4
(65 ILCS 5/11-31.1-4)
(from Ch. 24, par. 11-31.1-4)
Instituting code hearing proceedings.
When a building
inspector finds a code violation while inspecting a structure, he shall
note the violation on a multiple copy violation notice
and report form, indicating the name and address of the structure owner, 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
structure where the violation is observed.
The violation report form shall be forwarded by the building inspector
to the Code Hearing Department where a Docket number shall be stamped on
all copies of the report, and a hearing date 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 by the
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 building inspector so
that he 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 on the owner of the structure, along
with a summons commanding the owner to appear at the hearing.
If the municipality in which the structure is situated has an ordinance
requiring property owners to register with the municipality, service may be
made on the owner by mailing the report and summons to the owner's address
registered with the municipality. If the name
of the owner of the structure cannot be ascertained or if service on the
owner cannot be made by mail, service may be made on the owner by posting
or nailing a copy of the violation report form on the front door of the
structure where the violation is found, not less than 20 days before the
hearing is scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
65 ILCS 5/11-31.1-5
(65 ILCS 5/11-31.1-5)
(from Ch. 24, par. 11-31.1-5)
At any time prior to the
hearing date the hearing officer assigned to hear the case may,
at the request of the building inspector or the attorney for
the municipality, or the owner or his attorney, issue subpoenas
directing witnesses to appear and give testimony at the hearing.
If on the date set for hearing the owner or his attorney fails
to appear, the hearing officer may find the owner in default and
shall proceed with the hearing and accept evidence relevant to
the existence of a code violation.
(Source: P.A. 86-1039.)
65 ILCS 5/11-31.1-6
(65 ILCS 5/11-31.1-6)
(from Ch. 24, par. 11-31.1-6)
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 owner. 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 the building
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 Department. The case for
the dwelling owner may be presented by the owner, his attorney, or any
other agent or representative.
(Source: Laws 1967, p. 1905.)
65 ILCS 5/11-31.1-7
(65 ILCS 5/11-31.1-7)
(from Ch. 24, par. 11-31.1-7)
At the hearing, a hearing officer
shall preside and shall hear testimony and accept any evidence relevant to
the existence or non-existence of a code violation in the structure
indicated. The strict rules of evidence applicable to judicial proceedings
shall not apply to hearings authorized by this Division.
(Source: P.A. 86-1039.)
65 ILCS 5/11-31.1-8
(65 ILCS 5/11-31.1-8)
(from Ch. 24, par. 11-31.1-8)
Eviction - Rights of the occupants.
No action for eviction, abatement of a nuisance, or other similar proceeding shall be threatened or instituted
against an occupant of a dwelling solely because such occupant agrees to
testify or testifies at a code violation hearing.
(Source: P.A. 100-173, eff. 1-1-18