(65 ILCS 5/11-31.1-1) (from Ch. 24, par. 11-31.1-1) (Text of Section before amendment by P.A. 104-262) Sec. 11-31.1-1. Definitions. As used in this Division, unless the context
requires otherwise: (a) "Code" means any municipal ordinance, law, housing
or building code or zoning ordinance
that establishes construction, plumbing, heating, electrical, fire
prevention, sanitation or other health and safety standards that are
applicable to structures in a municipality or any municipal ordinance that
requires, after notice, the cutting of weeds, the removal of garbage and
debris, the removal of inoperable motor vehicles, or the abatement of nuisances
from private property; (b) "Building inspector" means a full time state, county or municipal
employee whose duties include the inspection or examination of
structures or property in a municipality to determine if zoning or
other code violations exist; (c) "Property owner" means the legal or beneficial owner of
a structure; (d) "Hearing officer" means a municipal employee or an officer or
agent of a municipality, other than a building inspector or law enforcement
officer, whose duty it is to: (1) preside at an administrative hearing called to |
| determine whether or not a code violation exists;
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(2) hear testimony and accept evidence from the
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| building inspector, the building owner and all interested parties relevant to the existence of a code violation;
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(3) preserve and authenticate the transcript and
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| record of the hearing and all exhibits and evidence introduced at the hearing;
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(4) issue and sign a written finding, decision and
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| order stating whether a code violation exists.
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(Source: P.A. 91-162, eff. 7-16-99.)
(Text of Section after amendment by P.A. 104-262)
Sec. 11-31.1-1. Definitions. As used in this Division, unless the context requires otherwise:
(a) "Code" means any municipal ordinance, law, housing or building code or zoning ordinance that establishes construction, plumbing, heating, electrical, fire prevention, sanitation or other health and safety standards that are applicable to structures in a municipality or any municipal ordinance that requires, after notice, the cutting of weeds, the removal of garbage and debris, the removal of inoperable motor vehicles, or the abatement of nuisances from private property;
(b) "Building inspector" means (i) a state, county, or municipal employee whose duties include the inspection or examination of structures or property in a municipality to determine if zoning or other code violations exist or (ii) a third party contracting with the municipality whose duties include the inspection or examination of structures or property in a municipality to determine if zoning or other code violations exist;
(c) "Property owner" means the legal or beneficial owner of a structure;
(d) "Hearing officer" means a municipal employee or an officer or agent of a municipality, other than a building inspector or law enforcement officer, whose duty it is to:
(1) preside at an administrative hearing called to
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| determine whether or not a code violation exists;
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(2) hear testimony and accept evidence from the
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| building inspector, the building owner and all interested parties relevant to the existence of a code violation;
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(3) preserve and authenticate the transcript and
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| record of the hearing and all exhibits and evidence introduced at the hearing;
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(4) issue and sign a written finding, decision and
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| order stating whether a code violation exists.
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(Source: P.A. 104-262, eff. 1-1-27.)
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(65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
Sec. 11-31.1-4. Instituting code hearing proceedings. When a building
inspector finds a code violation while inspecting a structure, he shall
note the violation on a multiple copy violation notice
and report form, indicating the name and address of the structure owner, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged violation, the date and time the violation was
observed, the names of witnesses to the violation, and the address of the
structure where the violation is observed.
The violation report form shall be forwarded by the building inspector
to the Code Hearing Department where a Docket number shall be stamped on
all copies of the report, and a hearing date noted in the blank spaces
provided for that purpose on the form. The hearing date shall not be less
than 30 nor more than 40 days after the violation is reported by the
building inspector.
One copy of the violation report form shall be maintained in the files
of the Code Hearing Department and shall be part of the record of hearing,
one copy of the report form shall be returned to the building inspector so
that he may prepare evidence of the code violation for presentation at the
hearing on the date indicated, and one copy of the report form shall be
served by first class mail on the owner of the structure, along
with a summons commanding the owner to appear at the hearing.
If the municipality in which the structure is situated has an ordinance
requiring property owners to register with the municipality, service may be
made on the owner by mailing the report and summons to the owner's address
registered with the municipality. If the name
of the owner of the structure cannot be ascertained or if service on the
owner cannot be made by mail, service may be made on the owner by posting
or nailing a copy of the violation report form on the front door of the
structure where the violation is found, not less than 20 days before the
hearing is scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-31.1-11.1) (from Ch. 24, par. 11-31.1-11.1)
Sec. 11-31.1-11.1.
Judgment on findings, decision, order.
(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
Administrative Review Law shall be a debt due and owing the municipality
and, as such, may be collected in accordance with applicable law.
(b) After expiration of the period within which judicial review under
the Administrative Review Law may be sought for a final determination of
the code violation, the municipality may commence a proceeding in the
circuit court of the county where the municipality is located for purposes
of obtaining a judgment on the findings, decision and order. Nothing in
this Section shall prevent a municipality from consolidating multiple
findings, decisions and orders against a person in such a proceeding. Upon
commencement of the action, the municipality shall file a certified copy of
the findings, decision and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision and order was issued in accordance with this Division and the
applicable municipal ordinance. Service of the summons and a copy of the
petition may be by any method provided by Section 2-203 of the Code of
Civil Procedure or by certified mail, return receipt requested, provided
that the total amount of fines, other sanctions and costs imposed by the
findings, decision and order does not exceed $2500. If the court is
satisfied that the findings, decision and order were entered in accordance
with the requirements of this Division and the applicable municipal
ordinance, and that the property owner had an opportunity for a hearing
under this Division and for judicial review as provided in this Division:
(1) the court shall render judgment in favor of the municipality and
against the property owner for the amount indicated in the findings,
decision and order, plus costs. Such judgment shall have the same effect
and may be enforced in the same manner as other judgments for the recovery
of money; and (2) the court may also issue such other orders and
injunctions as are requested by the municipality to enforce the order of the
hearing officer to correct a code violation.
(Source: P.A. 89-372, eff. 1-1-96.)
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(65 ILCS 5/11-31.1-12.1) (from Ch. 24, par. 11-31.1-12.1)
Sec. 11-31.1-12.1.
(a) The owner of a building located in a municipality in a county having
a population in excess of 100,000 inhabitants who, directly or indirectly,
has collected, or caused to be collected, rentals from an occupant of that
building during a period in which the number of apartments or family units
in that building exceeded the number permitted for that building by an
ordinance of the municipality in which the building is located, is liable
to any such occupant in an amount equal to not more than 3 times the amount
of any rentals paid by any such occupant, or in his behalf, after January
1, 1970, together with court costs and reasonable attorney's fees. If the
occupant is a recipient of public aid under Article III, IV, or VI of "the
Illinois Public Aid Code", approved April 11, 1967, as amended, in whose
behalf vendor payment of the rental was made by the Illinois Department of
Public Aid, the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human Services Act), or a
local governmental unit, as the case may be,
the liability
as herein provided is to the Illinois Department of Public Aid, the
Department of Human Services (acting as successor to the Department of Public
Aid under the Department of Human Services Act), or the local
governmental unit making the vendor payment of the rental.
(b) For the purposes of this Section:
(1) "Owner" means the legal or beneficial owner of a |
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(2) "Family unit" means a room or group of rooms used
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| or intended to be used as a housekeeping unit for living, sleeping, cooking and eating. The fact that any such family unit is used or intended to be used with cooking or eating accommodations in common with another family unit in any such building does not affect liability hereunder.
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(c) No liability accrues under this Section until 30 days after the
owner of record of a building has been notified in writing that such owner
is in violation of any such municipal ordinance. Such notice shall be
personally served upon such owner of record or sent by registered mail to
the last known address of such owner.
(Source: P.A. 89-507, eff. 7-1-97.)
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