|SB2829 Enrolled||LRB098 17209 HEP 52301 b|
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by adding
Section 5-120.5 as follows:
(735 ILCS 5/5-120.5 new)
Administrative review, code compliance.
(a) In an administrative review action under Article III of
this Code, if the court reverses the decision of a municipal
code hearing officer in an action set forth under subsection
(c) of this Section, then the court may award the plaintiff all
reasonable costs, including court costs and attorney's fees,
associated with the action if the court finds that: (i) the
decision of the hearing officer was arbitrary and capricious;
or (ii) the defendant failed to file a record under Section
3-108 of this Code that is sufficient to allow the court to
determine whether the decision of the hearing officer was
arbitrary and capricious.
(b) The court may award the municipality reasonable costs,
including court costs and attorney's fees, if the court finds
that the plaintiff's action under Article III of this Code for
administrative review of a decision by the municipal code
hearing officer is not reasonably well grounded in fact, is not