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


Rep. Michael J. Zalewski

Filed: 5/12/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 2829 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Code of Civil Procedure is amended by
5adding Section 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



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1determine whether the decision of the hearing officer was
2arbitrary and capricious.
3    (b) The court may award the municipality reasonable costs,
4including court costs and attorney's fees, if the court finds
5that the plaintiff's action under Article III of this Code for
6administrative review of a decision by the municipal code
7hearing officer is not reasonably well grounded in fact, is not
8warranted by existing law, or is not accompanied by a
9reasonable argument for the extension, modification, or
10reversal of existing law.
11    (c) This Section applies only to the decision of a code
12hearing officer that imposes a fine or penalty against the
13owner of a single-family or multi-family residential dwelling
14for a violation related to the condition or use of that
15residential property. This Section does not apply to any
16administrative decision of a municipality with a population of
17more than 500,000.
18    (d) The provisions of this Section are mutually dependent
19and inseverable; if any provision is held invalid, then the
20entire Section is invalid.".