Illinois General Assembly - Full Text of SB3406
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Full Text of SB3406  97th General Assembly

SB3406enr 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 Illinois Municipal Code is amended by
5changing Sections 11-19.2-4 and 11-31.1-4 as follows:
 
6    (65 ILCS 5/11-19.2-4)  (from Ch. 24, par. 11-19.2-4)
7    Sec. 11-19.2-4. Instituting code hearing proceedings. When
8a sanitation inspector observes or otherwise discovers a code
9violation, he shall note the violation on a violation notice
10and report form, indicating the name and address of the
11respondent, if known, the name, address and State vehicle
12registration number of the waste hauler who deposited the
13waste, if applicable, a citation to the specific code provision
14or provisions alleged to have been violated, a description of
15the circumstances present that constitute the alleged
16violation the type and nature of the violation, the date and
17time the violation was observed, the names of witnesses to the
18violation, and the address of the location or property where
19the violation is observed.
20    The violation notice and report form shall contain a file
21number and a hearing date noted by the sanitation inspector in
22the blank spaces provided for that purpose on the form. The
23violation notice and report form shall state that failure to

 

 

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1appear at the hearing on the date indicated may result in a
2determination of liability for the cited violation and the
3imposition of fines and assessment of costs as provided by the
4applicable municipal ordinance. The violation notice and
5report form shall also state that upon a determination of
6liability and the exhaustion or failure to exhaust procedures
7for judicial review, any unpaid fines or costs imposed will
8constitute a debt due and owing the municipality.
9    A copy of the violation notice and report form shall be
10served upon the respondent either personally or by first class
11mail, postage prepaid, and sent to the address of the
12respondent. If the municipality has an ordinance requiring all
13or certain property owners to register with the municipality,
14service may be made on the respondent property owner by mailing
15the violation notice and report to the owner's address
16registered with the municipality. If the name of the respondent
17property owner cannot be ascertained or if service on such
18respondent cannot be made by mail, service may be made on the
19respondent property owner by posting a copy of the violation
20notice and report form in a prominent place upon the property
21where the violation is found, not less than 10 days before the
22hearing is scheduled.
23(Source: P.A. 86-1364.)
 
24    (65 ILCS 5/11-31.1-4)  (from Ch. 24, par. 11-31.1-4)
25    Sec. 11-31.1-4. Instituting code hearing proceedings. When

 

 

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1a building inspector finds a code violation while inspecting a
2structure, he shall note the violation on a multiple copy
3violation notice and report form, indicating the name and
4address of the structure owner, a citation to the specific code
5provision or provisions alleged to have been violated, a
6description of the circumstances present that constitute the
7alleged violation the type and nature of the violation, the
8date and time the violation was observed, the names of
9witnesses to the violation, and the address of the structure
10where the violation is observed.
11    The violation report form shall be forwarded by the
12building inspector to the Code Hearing Department where a
13Docket number shall be stamped on all copies of the report, and
14a hearing date noted in the blank spaces provided for that
15purpose on the form. The hearing date shall not be less than 30
16nor more than 40 days after the violation is reported by the
17building inspector.
18    One copy of the violation report form shall be maintained
19in the files of the Code Hearing Department and shall be part
20of the record of hearing, one copy of the report form shall be
21returned to the building inspector so that he may prepare
22evidence of the code violation for presentation at the hearing
23on the date indicated, and one copy of the report form shall be
24served by first class mail on the owner of the structure, along
25with a summons commanding the owner to appear at the hearing.
26If the municipality in which the structure is situated has an

 

 

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1ordinance requiring property owners to register with the
2municipality, service may be made on the owner by mailing the
3report and summons to the owner's address registered with the
4municipality. If the name of the owner of the structure cannot
5be ascertained or if service on the owner cannot be made by
6mail, service may be made on the owner by posting or nailing a
7copy of the violation report form on the front door of the
8structure where the violation is found, not less than 20 days
9before the hearing is scheduled.
10(Source: P.A. 86-1039.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.