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90_SB1280enr
65 ILCS 5/3.1-35-90 from Ch. 24, par. 3.1-35-90
Amends the Illinois Municipal Code. Provides that the
record of the proceedings of the corporate authorities shall
be made available for public inspection within 7 (now 10)
days after being approved or accepted by the corporate
authorities.
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1 AN ACT concerning local government, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 3. The Counties Code is amended by changing
5 Section 6-1001 as follows:
6 (55 ILCS 5/6-1001) (from Ch. 34, par. 6-1001)
7 Sec. 6-1001. Annual budget. In all counties not required
8 by law to pass an annual appropriation bill within the first
9 quarter of the fiscal year, the county board or board of
10 county commissioners, as the case may be, shall adopt each
11 year an annual budget under the terms of this Division for
12 the succeeding fiscal year. Such budget shall be prepared by
13 some person or persons designated by the county board and
14 such budget shall be made conveniently available to public
15 inspection for at least fifteen days prior to final action
16 thereon. The vote on such budget shall be taken by ayes and
17 nays and entered on the record of the meeting. The annual
18 budget adopted under this Act shall cover such a fiscal
19 period of one year to be determined by the county board of
20 each county except as hereinafter provided and all
21 appropriations made therein shall terminate with the close of
22 said fiscal period except as hereinafter provided, provided,
23 however, that any remaining balances shall be available until
24 30 days after the close of the such fiscal year in counties
25 with a population of less than 100,000, and until 90 days
26 after the close of the such fiscal year in counties with a
27 population of more than 100,000 but less than 3,000,000
28 inhabitants and contiguous to any county with a metropolitan
29 area with more than 1,000,000 inhabitants, only for the
30 authorization of the payment of obligations incurred prior to
31 the close of said fiscal period. Any county which determines
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1 to change its fiscal year may adopt a budget to cover such
2 period greater or less than a year as may be necessary to
3 effect such change and appropriations made therein shall
4 terminate with the close of such period.
5 (Source: P.A. 86-962.)
6 Section 5. The Illinois Municipal Code is amended by
7 changing Section 3.1-35-90 and by adding Division 2.2 to
8 Article 1 as follows:
9 (65 ILCS 5/Art. 1, Div. 2.2 heading new)
10 DIVISION 2.2. CODE HEARING DEPARTMENTS
11 (65 ILCS 5/1-2.2-1 new)
12 Sec. 1-2.2-1. Applicability. This Division 2.2 applies
13 only to municipalities that are non-home rule units. Nothing
14 in this Division 2.2 allows a non-home rule municipality to
15 pursue any remedies not otherwise authorized by statute.
16 (65 ILCS 5/1-2.2-5 new)
17 Sec. 1-2.2-5. Definitions. As used in this Division,
18 unless the context requires otherwise:
19 "Code" means any municipal ordinance except for (i)
20 building code violations that must be adjudicated pursuant to
21 Division 31.1 of Article 11 of this Act and (ii) any offense
22 under the Illinois Vehicle Code or a similar offense that is
23 a traffic regulation governing the movement of vehicles and
24 except for any reportable offense under Section 6-204 of the
25 Illinois Vehicle Code.
26 "Hearing officer" means a municipal employee or an
27 officer or agent of a municipality, other than a law
28 enforcement officer, whose duty it is to:
29 (1) preside at an administrative hearing called to
30 determine whether or not a code violation exists;
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1 (2) hear testimony and accept evidence from all
2 interested parties relevant to the existence of a code
3 violation;
4 (3) preserve and authenticate the transcript and record
5 of the hearing and all exhibits and evidence introduced at
6 the hearing; and
7 (4) issue and sign a written finding, decision, and
8 order stating whether a code violation exists.
9 (65 ILCS 5/1-2.2-10 new)
10 Sec. 1-2.2-10. Code hearing department. The corporate
11 authorities of any municipality may adopt this Division and
12 establish a code hearing department within an existing code
13 enforcement agency or as a separate and independent agency in
14 the municipal government. The function of the hearing
15 department is to expedite the prosecution and correction of
16 code violations in the manner set forth in this Division.
17 The code hearing department may adjudicate any violation
18 of a municipal ordinance except for (i) building code
19 violations that must be adjudicated pursuant to Division 31.1
20 of Article 11 of this Act and (ii) any offense under the
21 Illinois Vehicle Code or similar offense that is a traffic
22 regulation governing the movement of vehicles and except for
23 any reportable offense under Section 6-204 of the Illinois
24 Vehicle Code.
25 (65 ILCS 5/1-2.2-15 new)
26 Sec. 1-2.2-15. Hearing procedures not exclusive. In any
27 municipality where this Division is adopted, this Division
28 does not preclude the municipality from using other methods
29 to enforce the provisions of its code.
30 (65 ILCS 5/1-2.2-20 new)
31 Sec. 1-2.2-20. Instituting code hearing proceedings. When
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1 a police officer or other individual authorized to issue a
2 code violation finds a code violation to exist, he or she
3 shall note the violation on a multiple copy violation notice
4 and report form that indicates (i) the name and address of
5 the defendant, (ii) the type and nature of the violation,
6 (iii) the date and time the violation was observed, and (iv)
7 the names of witnesses to the violation.
8 The violation report form shall be forwarded to the code
9 hearing department where a docket number shall be stamped on
10 all copies of the report and a hearing date shall be noted in
11 the blank spaces provided for that purpose on the form. The
12 hearing date shall not be less than 30 nor more than 40 days
13 after the violation is reported.
14 One copy of the violation report form shall be maintained
15 in the files of the code hearing department and shall be part
16 of the record of hearing, one copy of the report form shall
17 be returned to the individual representing the municipality
18 in the case so that he or she may prepare evidence of the
19 code violation for presentation at the hearing on the date
20 indicated, and one copy of the report form shall be served by
21 first class mail to the defendant along with a summons
22 commanding the defendant to appear at the hearing.
23 (65 ILCS 5/1-2.2-25 new)
24 Sec. 1-2.2-25. Subpoenas; defaults. At any time prior to
25 the hearing date, the hearing officer assigned to hear the
26 case may, at the request of either party, direct witnesses to
27 appear and give testimony at the hearing. If on the date set
28 for hearing the defendant or his or her attorney fails to
29 appear, the hearing officer may find the defendant in default
30 and shall proceed with the hearing and accept evidence
31 relevant to the existence of a code violation.
32 (65 ILCS 5/1-2.2-30 new)
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1 Sec. 1-2.2-30. Continuances; representation at code
2 hearings. No continuances shall be authorized by the hearing
3 officer in proceedings under this Division except in cases
4 where a continuance is absolutely necessary to protect the
5 rights of the defendant. Lack of preparation shall not be
6 grounds for a continuance. Any continuance authorized by a
7 hearing officer under this Division shall not exceed 25 days.
8 The case for the municipality may be presented by an attorney
9 designated by the municipality or by any other municipal
10 employee, except that the case for the municipality shall not
11 be presented by an employee of the code hearing department.
12 The case for the defendant may be presented by the defendant,
13 his or her attorney, or any other agent or representative of
14 the defendant.
15 (65 ILCS 5/1-2.2-35 new)
16 Sec. 1-2.2-35. Hearing; evidence. At the hearing a
17 hearing officer shall preside, shall hear testimony, and
18 shall accept any evidence relevant to the existence or
19 non-existence of a code violation. The strict rules of
20 evidence applicable to judicial proceedings shall not apply
21 to hearings authorized by this Division.
22 (65 ILCS 5/1-2.2-40 new)
23 Sec. 1-2.2-40. Qualifications of hearing officers.
24 Prior to conducting proceedings under this Division, hearing
25 officers shall successfully complete a formal training
26 program that includes the following:
27 (1) instruction on the rules of procedure of the hearing
28 that they will conduct;
29 (2) orientation to each subject area of the code
30 violations that they will administer;
31 (3) observation of administrative hearings; and
32 (4) participation in hypothetical cases, including rules
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1 on evidence and issuing final orders.
2 In addition, every hearing officer must be an attorney
3 licensed to practice law in the State of Illinois for at
4 least 3 years.
5 (65 ILCS 5/1-2.2-45 new)
6 Sec. 1-2.2-45. Findings, decision, and order. At the
7 conclusion of the hearing, the hearing officer shall make a
8 determination on the basis of the evidence presented at the
9 hearing as to whether or not a code violation exists. The
10 determination shall be in writing and shall be designated as
11 findings, decision, and order. The findings, decision, and
12 order shall include (i) the hearing officer's findings of
13 fact; (ii) a decision of whether or not a code violation
14 exists based upon the findings of fact; and (iii) an order
15 that states the sanction or dismisses the case if a violation
16 is not proved. A monetary sanction for a violation under this
17 Division shall not exceed the amount provided for in Section
18 1-2-1 of this Act. A copy of the findings, decision, and
19 order shall be served on the defendant within 5 days after it
20 is issued. Service shall be in the same manner that the
21 report form and summons are served under Section 1-2.2-20 of
22 this Division. Payment of any penalty or fine and the
23 disposition of fine money shall be in the same manner as set
24 forth in the code, unless the corporate authorities adopting
25 this Division provide otherwise.
26 (65 ILCS 5/1-2.2-50 new)
27 Sec. 1-2.2-50. Review under Administrative Review Law.
28 The findings, decision, and order of the hearing officer
29 shall be subject to review in the circuit court of the county
30 in which the municipality is located. The provisions of the
31 Administrative Review Law, and the rules adopted pursuant
32 thereto, shall apply to and govern every action for the
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1 judicial review of the findings, decision, and order of a
2 hearing officer under this Division.
3 (65 ILCS 5/1-2.2-55 new)
4 Sec. 1-2.2-55. Judgment on findings, decision, and order.
5 (a) Any fine, other sanction, or costs imposed, or part
6 of any fine, other sanction, or costs imposed, remaining
7 unpaid after the exhaustion of, or the failure to exhaust,
8 judicial review procedures under the Administrative Review
9 Law shall be a debt due and owing the municipality and, as
10 such, may be collected in accordance with applicable law.
11 (b) After expiration of the period within which judicial
12 review under the Administrative Review Law may be sought for
13 a final determination of the code violation, the municipality
14 may commence a proceeding in the circuit court of the county
15 in which the municipality is located for purpose of obtaining
16 a judgment on the findings, decision, and order. Nothing in
17 this Section shall prevent a municipality from consolidating
18 multiple findings, decisions, and orders against a person in
19 such a proceeding. Upon commencement of the action, the
20 municipality shall file a certified copy of the findings,
21 decision, and order, which shall be accompanied by a
22 certification that recites facts sufficient to show that the
23 findings, decision, and order was issued in accordance with
24 this Division and the applicable municipal ordinance. Service
25 of the summons and a copy of the petition may be by any
26 method provided for by Section 2-203 of the Code of Civil
27 Procedure or by certified mail, return receipt requested,
28 provided that the total amount of fines, other sanctions, and
29 costs imposed by the findings, decision, and order does not
30 exceed $2,500. If the court is satisfied that the findings,
31 decision, and order was entered in accordance with the
32 requirements of this Division and the applicable municipal
33 ordinance and that the defendant had an opportunity for a
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1 hearing under this Division and for judicial review as
2 provided in this Division:
3 (1) The court shall render judgment in favor of the
4 municipality and against the defendant for the amount
5 indicated in the findings, decision and order, plus
6 costs. The judgment shall have the same effect and may
7 be enforced in the same manner as other judgments for the
8 recovery of money.
9 (2) The court may also issue any other orders and
10 injunctions that are requested by the municipality to
11 enforce the order of the hearing officer to correct a
12 code violation.
13 (65 ILCS 5/1-2.2-60 new)
14 Sec. 1-2.2-60. Adoption of Division by municipality.
15 This Division may be adopted by a non-home rule municipality
16 by incorporating the provisions of this Division in an
17 ordinance and by passing and publishing the ordinance in the
18 manner provided in Division 2 of Article 1 of this Act.
19 (65 ILCS 5/3.1-35-90) (from Ch. 24, par. 3.1-35-90)
20 Sec. 3.1-35-90. Clerk; duties.
21 (a) The municipal clerk shall keep the corporate seal,
22 to be provided by the corporate authorities, and all papers
23 belonging to the municipality the custody and control of
24 which are not given to other officers. The clerk shall
25 attend all meetings of the corporate authorities and keep a
26 full record of their proceedings in the journal. The record
27 of those proceedings shall be made available for public
28 inspection within 7 10 days after being approved or accepted
29 by the corporate authorities as the official minutes of their
30 proceedings.
31 (b) The municipal clerk shall have other duties
32 prescribed by the corporate authorities.
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1 (c) Copies of all papers duly filed in the clerk's
2 office and transcripts from the journals and other records
3 and files of the clerk's office, certified by the clerk under
4 the corporate seal, shall be evidence in all courts in like
5 manner as if the originals were produced.
6 (Source: P.A. 87-1119.)