Public Act 90-0516 of the 90th General Assembly
Public Act 90-0516
SB574 Enrolled LRB9002431MWpc
AN ACT to amend the Illinois Municipal Code by adding
Division 2.1 to Article 1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
adding Division 2.1 to Article 1 as follows:
(65 ILCS 5/Art. 1, Div. 2.1 heading new)
DIVISION 2.1. ADMINISTRATIVE ADJUDICATIONS
(65 ILCS 5/1-2.1-1 new)
Sec. 1-2.1-1. Applicability. This Division 2.1 applies
only to municipalities that are home rule units.
(65 ILCS 5/1-2.1-2 new)
Sec. 1-2.1-2. Administrative adjudication of municipal
code violations. Any municipality may provide by ordinance
for a system of administrative adjudication of municipal code
violations to the extent permitted by the Illinois
Constitution. A "system of administrative adjudication"
means the adjudication of any violation of a municipal
ordinance, except for (i) proceedings not within the
statutory or the home rule authority of municipalities; and
(ii) any offense under the Illinois Vehicle Code or a similar
offense that is a traffic regulation governing the movement
of vehicles and except for any reportable offense under
Section 6-204 of the Illinois Vehicle Code.
(65 ILCS 5/1-2.1-3 new)
Sec. 1-2.1-3. Administrative adjudication procedures not
exclusive. The adoption by a municipality of a system of
administrative adjudication does not preclude the
municipality from using other methods to enforce municipal
ordinances.
(65 ILCS 5/1-2.1-4 new)
Sec. 1-2.1-4. Code hearing units; powers of hearing
officers.
(a) An ordinance establishing a system of administrative
adjudication, pursuant to this Division, shall provide for a
code hearing unit within an existing agency or as a separate
agency in the municipal government. The ordinance shall
establish the jurisdiction of a code hearing unit that is
consistent with this Division. The "jurisdiction" of a code
hearing unit refers to the particular code violations that it
may adjudicate.
(b) Adjudicatory hearings shall be presided over by
hearing officers. The powers and duties of a hearing officer
shall include:
(1) hearing testimony and accepting evidence that
is relevant to the existence of the code violation;
(2) issuing subpoenas directing witnesses to appear
and give relevant testimony at the hearing, upon the
request of the parties or their representatives;
(3) preserving and authenticating the record of the
hearing and all exhibits and evidence introduced at the
hearing;
(4) issuing a determination, based on the evidence
presented at the hearing, of whether a code violation
exists. The determination shall be in writing and shall
include a written finding of fact, decision, and order
including the fine, penalty, or action with which the
defendant must comply; and
(5) imposing penalties consistent with applicable
code provisions and assessing costs upon finding a party
liable for the charged violation, except, however, that
in no event shall the hearing officer have authority to
(i) impose a penalty of incarceration, or (ii) impose a
fine in excess of $50,000, or at the option of the
municipality, such other amount not to exceed the maximum
amount established by the Mandatory Arbitration System as
prescribed by the Rules of the Illinois Supreme Court
from time to time for the judicial circuit in which the
municipality is located. The maximum monetary fine under
this item (5), shall be exclusive of costs of enforcement
or costs imposed to secure compliance with the
municipality's ordinances and shall not be applicable to
cases to enforce the collection of any tax imposed and
collected by the municipality.
(c) Prior to conducting administrative adjudication
proceedings, administrative hearing officers shall have
successfully completed a formal training program which
includes the following:
(1) instruction on the rules of procedure of the
administrative hearings which they will conduct;
(2) orientation to each subject area of the code
violations that they will adjudicate;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including
ruling on evidence and issuing final orders.
In addition, every administrative hearing officer must be
an attorney licensed to practice law in the State of Illinois
for at least 3 years.
(d) A proceeding before a code hearing unit shall be
instituted upon the filing of a written pleading by an
authorized official of the municipality.
(65 ILCS 5/1-2.1-5 new)
Sec. 1-2.1-5. Administrative hearing proceedings.
(a) Any ordinance establishing a system of
administrative adjudication, pursuant to this Division, shall
afford parties due process of law, including notice and
opportunity for hearing. Parties shall be served with process
in a manner reasonably calculated to give them actual notice,
including, as appropriate, personal service of process upon a
party or its employees or agents; service by mail at a
party's address; or notice that is posted upon the property
where the violation is found when the party is the owner or
manager of the property.
(b) Parties shall be given notice of an adjudicatory
hearing which includes the type and nature of the code
violation to be adjudicated, the date and location of the
adjudicatory hearing, the legal authority and jurisdiction
under which the hearing is to be held, and the penalties for
failure to appear at the hearing.
(c) Parties shall be provided with an opportunity for a
hearing during which they may be represented by counsel,
present witnesses, and cross-examine opposing witnesses.
Parties may request the hearing officer to issue subpoenas to
direct the attendance and testimony of relevant witnesses and
the production of relevant documents. Hearings shall be
scheduled with reasonable promptness, provided that for
hearings scheduled in all non-emergency situations, if
requested by the defendant, the defendant shall have at least
15 days after service of process to prepare for a hearing.
For purposes of this subsection (c), "non-emergency
situation" means any situation that does not reasonably
constitute a threat to the public interest, safety, or
welfare. If service is provided by mail, the 15-day period
shall begin to run on the day that the notice is deposited in
the mail.
(65 ILCS 5/1-2.1-6 new)
Sec. 1-2.1-6. Rules of evidence shall not govern. The
formal and technical rules of evidence do not apply in an
adjudicatory hearing permitted under this Division.
Evidence, including hearsay, may be admitted only if it is of
a type commonly relied upon by reasonably prudent persons in
the conduct of their affairs.
(65 ILCS 5/1-2.1-7 new)
Sec. 1-2.1-7. Judicial review. Any final decision by a
code hearing unit that a code violation does or does not
exist shall constitute a final determination for purposes of
judicial review and shall be subject to review under the
Illinois Administrative Review Law.
(65 ILCS 5/1-2.1-8 new)
Sec. 1-2.1-8. Enforcement of judgment.
(a) Any fine, other sanction, or costs imposed, or part
of any 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 municipality 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 fine or other sanction as a result
of a code violation, any expenses incurred by a municipality
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 municipality and may be collected in
accordance with applicable law. Prior to any expenses being
fixed by a hearing officer pursuant to this subsection (c),
the municipality 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 such a hearing, which shall not be
less than 7 days from 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.
(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 municipality 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 municipality 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
which has been recorded for any debt due and owing the
municipality as a result of the vacated default judgment.
(65 ILCS 5/1-2.1-9 new)
Sec. 1-2.1-9. Impact on existing administrative
adjudication systems. This Division shall not affect the
validity of systems of administrative adjudication that were
authorized by State law, including home rule authority, and
in existence prior to the effective date of this amendatory
Act of 1997.
(65 ILCS 5/1-2.1-10 new)
Sec. 1-2.1-10. Impact on home rule authority. This
Division shall not preempt municipalities from adopting other
systems of administrative adjudication pursuant to their home
rule powers.