SB2833 EngrossedLRB099 19299 AWJ 43691 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-43035 as follows:
 
6    (55 ILCS 5/5-43035)
7    Sec. 5-43035. Enforcement of judgment.
8    (a) Any fine, other sanction, or costs imposed, or part of
9any fine, other sanction, or costs imposed, remaining unpaid
10after the exhaustion of or the failure to exhaust judicial
11review procedures under the Illinois Administrative Review Law
12are a debt due and owing the county and may be collected in
13accordance with applicable law.
14    (b) After expiration of the period in which judicial review
15under the Illinois Administrative Review Law may be sought for
16a final determination of a code violation, unless stayed by a
17court of competent jurisdiction, the findings, decision, and
18order of the hearing officer may be enforced in the same manner
19as a judgment entered by a court of competent jurisdiction.
20    (c) In any case in which a defendant has failed to comply
21with a judgment ordering a defendant to correct a code
22violation or imposing any fine or other sanction as a result of
23a code violation, any expenses incurred by a county to enforce

 

 

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1the judgment, including, but not limited to, attorney's fees,
2court costs, and costs related to property demolition or
3foreclosure, after they are fixed by a court of competent
4jurisdiction or a hearing officer, shall be a debt due and
5owing the county and the findings, decision, and order of the
6hearing officer may be enforced in the same manner as a
7judgment entered by a court may be collected in accordance with
8applicable law. Prior to any expenses being fixed by a hearing
9officer pursuant to this subsection (c), the county shall
10provide notice to the defendant that states that the defendant
11shall appear at a hearing before the administrative hearing
12officer to determine whether the defendant has failed to comply
13with the judgment. The notice shall set the date for the
14hearing, which shall not be less than 7 days after the date
15that notice is served. If notice is served by mail, the 7-day
16period shall begin to run on the date that the notice was
17deposited in the mail.
18    (c-5) A default in the payment of a fine or penalty or any
19installment of a fine or penalty may be collected by any means
20authorized for the collection of monetary judgments. The
21state's attorney of the county in which the fine or penalty was
22imposed may retain attorneys and private collection agents for
23the purpose of collecting any default in payment of any fine or
24penalty or installment of that fine or penalty. Any fees or
25costs incurred by the county with respect to attorneys or
26private collection agents retained by the state's attorney

 

 

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1under this Section shall be charged to the offender.
2    (d) Upon being recorded in the manner required by Article
3XII of the Code of Civil Procedure or by the Uniform Commercial
4Code, a lien shall be imposed on the real estate or personal
5estate, or both, of the defendant in the amount of any debt due
6and owing the county under this Section. The lien may be
7enforced in the same manner as a judgment lien pursuant to a
8judgment of a court of competent jurisdiction.
9    (e) A hearing officer may set aside any judgment entered by
10default and set a new hearing date, upon a petition filed
11within 21 days after the issuance of the order of default, if
12the hearing officer determines that the petitioner's failure to
13appear at the hearing was for good cause or at any time if the
14petitioner establishes that the county did not provide proper
15service of process. If any judgment is set aside pursuant to
16this subsection (e), the hearing officer shall have authority
17to enter an order extinguishing any lien that has been recorded
18for any debt due and owing the county as a result of the
19vacated default judgment.
20(Source: P.A. 99-18, eff. 1-1-16.)