HB5426 98TH GENERAL ASSEMBLY

LRB098 19139 JLK 54291 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5426

Introduced , by Rep. John M. Cabello

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-31.1-9a new

Amends the Illinois Municipal Code. Provides that if a property owner is cited with a code violation and the remedy renders the property uninhabitable, the hearing department shall provide the owner with an emergency hearing in front of a hearing officer within 7 days of when the building inspector reported the violation. Requires a hearing officer to immediately lift the order condemning the property after the hearing unless he or she finds the alleged code violation to exist and pose an immediate safety hazard to the occupants of the property. Provides that a municipality may impose remedies for sanctions other than prohibition of occupancy.

A BILL FOR

AN ACT concerning local government.

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 Section 11-31.1-9a as follows:

(65 ILCS 5/11-31.1-9a new)

Sec. 11-31.1-9a. Emergency hearings. If a property owner is cited with a code violation and the remedy is to render the building uninhabitable, the hearing department shall provide the owner with an emergency hearing and an opportunity to be heard before a hearing officer within 7 days of when a building inspector reported the violation. At the hearing, unless the hearing officer finds the alleged code violation to exist and pose an immediate safety hazard to the occupants of the property, the hearing officer shall immediately lift the order rendering the building uninhabitable.

Nothing in this Section shall prohibit a municipality from imposing remedies for sanctions other than prohibition of occupancy.