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| Public Act 097-1088 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 11-19.2-4 and 11-31.1-4 as follows:
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(65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
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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
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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 type and nature of the violation, the date and
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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.
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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
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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.
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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
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where the violation is found, not less than 10 days before the | ||
hearing is
scheduled.
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(Source: P.A. 86-1364.)
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(65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
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Sec. 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
type and nature of the 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.
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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
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building inspector.
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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
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served by first class mail on the owner of the structure, along
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with a summons commanding the owner to appear at the hearing.
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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
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structure where the violation is found, not less than 20 days | ||
before the
hearing is scheduled.
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(Source: P.A. 86-1039.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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