Illinois General Assembly - Full Text of SB2829
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Full Text of SB2829  98th General Assembly




SB2829 EnrolledLRB098 17209 HEP 52301 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Code of Civil Procedure is amended by adding
5Section 5-120.5 as follows:
6    (735 ILCS 5/5-120.5 new)
7    Sec. 5-120.5. Administrative review, code compliance.
8    (a) In an administrative review action under Article III of
9this Code, if the court reverses the decision of a municipal
10code hearing officer in an action set forth under subsection
11(c) of this Section, then the court may award the plaintiff all
12reasonable costs, including court costs and attorney's fees,
13associated with the action if the court finds that: (i) the
14decision of the hearing officer was arbitrary and capricious;
15or (ii) the defendant failed to file a record under Section
163-108 of this Code that is sufficient to allow the court to
17determine whether the decision of the hearing officer was
18arbitrary and capricious.
19    (b) The court may award the municipality reasonable costs,
20including court costs and attorney's fees, if the court finds
21that the plaintiff's action under Article III of this Code for
22administrative review of a decision by the municipal code
23hearing officer is not reasonably well grounded in fact, is not



SB2829 Enrolled- 2 -LRB098 17209 HEP 52301 b

1warranted by existing law, or is not accompanied by a
2reasonable argument for the extension, modification, or
3reversal of existing law.
4    (c) This Section applies only to the decision of a code
5hearing officer that imposes a fine or penalty against the
6owner of a single-family or multi-family residential dwelling
7for a violation related to the condition or use of that
8residential property. This Section does not apply to any
9administrative decision of a municipality with a population of
10more than 500,000.
11    (d) The provisions of this Section are mutually dependent
12and inseverable; if any provision is held invalid, then the
13entire Section is invalid.