|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3439
Introduced 2/27/2007, by Rep. Robert S. Molaro SYNOPSIS AS INTRODUCED: |
|
|
Amends the Illinois Municipal Code. Provides that a municipality with a population of more than 2,000,000 must provide notice of adjudicatory hearings by certified mail. Preempts the concurrent exercise of home rule powers.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY | |
HOME RULE NOTE ACT MAY APPLY |
|
|
A BILL FOR
|
|
|
|
|
HB3439 |
|
LRB095 10130 HLH 30344 b |
|
|
1 |
| AN ACT concerning local government.
|
2 |
| Be it enacted by the People of the State of Illinois,
|
3 |
| represented in the General Assembly:
|
4 |
| Section 5. The Illinois Municipal Code is amended by |
5 |
| changing Section 1-2.1-5 as follows: |
6 |
| (65 ILCS 5/1-2.1-5)
|
7 |
| Sec. 1-2.1-5. Administrative hearing proceedings.
|
8 |
| (a) Any ordinance establishing a system of administrative |
9 |
| adjudication,
pursuant to this Division, shall afford parties |
10 |
| due process of law, including
notice and opportunity for |
11 |
| hearing. Parties shall be served with process in a
manner |
12 |
| reasonably calculated to give them actual notice, including, as
|
13 |
| appropriate, personal service of process upon a party or its |
14 |
| employees or
agents;
service by mail at a party's address; or |
15 |
| notice that is posted upon the
property where the violation is |
16 |
| found when the party is the owner or manager of
the property.
|
17 |
| In municipalities with a population under 3,000,000, if the |
18 |
| notice requires the respondent to answer within
a
certain |
19 |
| amount of time, the municipality must
reply to the answer |
20 |
| within the same amount of time afforded to the
respondent.
|
21 |
| (b) Parties shall be given notice of an adjudicatory |
22 |
| hearing which includes
the type and nature of the code |
23 |
| violation to be adjudicated, the date and
location of the |