Rep. Michael J. Zalewski
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AMENDMENT TO SENATE BILL 2829
AMENDMENT NO. ______. Amend Senate Bill 2829 by replacing
everything after the enacting clause with the following:
The Code of Civil Procedure is amended by
adding Section 5-120.5 as follows:
(735 ILCS 5/5-120.5 new)
Administrative review, code compliance.
(a) In an administrative review action under Article III of
this Code, if the court reverses the decision of a municipal
code hearing officer in an action set forth under subsection
(c) of this Section, then the court may award the plaintiff all
reasonable costs, including court costs and attorney's fees,
associated with the action if the court finds that: (i) the
decision of the hearing officer was arbitrary and capricious;
or (ii) the defendant failed to file a record under Section
3-108 of this Code that is sufficient to allow the court to
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determine whether the decision of the hearing officer was
arbitrary and capricious.
(b) The court may award the municipality reasonable costs,
including court costs and attorney's fees, if the court finds
that the plaintiff's action under Article III of this Code for
administrative review of a decision by the municipal code
hearing officer is not reasonably well grounded in fact, is not
warranted by existing law, or is not accompanied by a
reasonable argument for the extension, modification, or
reversal of existing law.
(c) This Section applies only to the decision of a code
hearing officer that imposes a fine or penalty against the
owner of a single-family or multi-family residential dwelling
for a violation related to the condition or use of that
residential property. This Section does not apply to any
administrative decision of a municipality with a population of
more than 500,000.
(d) The provisions of this Section are mutually dependent
and inseverable; if any provision is held invalid, then the
entire Section is invalid.