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Public Act 100-0221


 

Public Act 0221 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0221
 
SB0751 EnrolledLRB100 07341 AWJ 17404 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Counties Code is amended by changing Section
5-43035 as follows:
 
    (55 ILCS 5/5-43035)
    Sec. 5-43035. Enforcement of judgment.
    (a) Any non-real property tax, fee, fine, other sanction,
or costs imposed, or part of any non-real property tax, fee,
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 county for a violation of a county
ordinance, or the participating unit of local government for a
violation of a participating unit of local government's
ordinance, 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 non-real property tax, fee, fine, or
other sanction as a result of a code violation, any expenses
incurred by a county for a violation of a county ordinance, or
the participating unit of local government for a violation of a
participating unit of local government's ordinance, 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 county for a violation of a county ordinance, or the
participating unit of local government for a violation of a
participating unit of local government's ordinance, and the
findings, decision, and order of the hearing officer may be
enforced in the same manner as a judgment entered by a court.
Prior to any expenses being fixed by a hearing officer pursuant
to this subsection (c), the county for a violation of a county
ordinance, or the participating unit of local government for a
violation of a participating unit of local government's
ordinance, 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 the hearing, which shall not be less
than 7 days after 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.
    (c-5) A default in the payment of a non-real property tax,
fee, fine, or penalty or any installment of a non-real property
tax, fee, fine, or penalty may be collected by any means
authorized for the collection of monetary judgments. The
State's Attorney state's attorney of the county in which the
non-real property tax, fee, fine, or penalty was imposed may
retain attorneys and private collection agents for the purpose
of collecting any default in payment of any non-real property
tax, fee, fine, or penalty or installment of that non-real
property tax, fee, fine, or penalty. Any fees or costs incurred
by the county or participating unit of local government with
respect to attorneys or private collection agents retained by
the State's Attorney state's attorney under this Section shall
be charged to the offender.
    (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 the real estate or personal
estate, or both, of the defendant in the amount of any debt due
and owing the county for a violation of a county ordinance, or
the participating unit of local government for a violation of a
participating unit of local government's ordinance, under this
Section. The lien may be enforced in the same manner as a
judgment lien pursuant to a judgment of a court of competent
jurisdiction.
    (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 the 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 county for a violation of a
county ordinance, or the participating unit of local government
for a violation of a participating unit of local government's
ordinance, did not provide proper service of process. If any
judgment is set aside pursuant to this subsection (e), the
hearing officer shall have authority to enter an order
extinguishing any lien that has been recorded for any debt due
and owing the county for a violation of a county ordinance, or
the participating unit of local government for a violation of a
participating unit of local government's ordinance, as a result
of the vacated default judgment.
(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754,
eff. 1-1-17; revised 9-21-16.)

Effective Date: 1/1/2018