Full Text of HB2894 98th General Assembly
HB2894 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB2894 Introduced , by Rep. Jehan A. Gordon-Booth SYNOPSIS AS INTRODUCED: |
| 55 ILCS 5/5-1114 | from Ch. 34, par. 5-1114 |
| Amends the Counties Code. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, "a notice to appear", or
a warrant. Provides that in the case of a violation of a county's building code or property maintenance code, the county's code enforcement officer may issue a notice to appear.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-1114 as follows:
| 6 | | (55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
| 7 | | Sec. 5-1114. Violation of ordinance. | 8 | | (a) Except as provided in Section
10-302.5 of the Illinois | 9 | | Highway Code or subsection (b) of this Section, in all actions | 10 | | for
the violation of any county ordinance, the first process | 11 | | shall be a summons , a notice to appear, or
a warrant. A warrant | 12 | | or summons for the arrest of an accused person may issue
from | 13 | | the circuit court upon the affidavit of any person that an | 14 | | ordinance has
been violated, and that the person making the | 15 | | complaint has reasonable grounds
to believe that the party | 16 | | charged is guilty thereof. Every person arrested upon
a warrant | 17 | | or summons shall be taken, without unnecessary delay, before | 18 | | the
proper judicial officer for trial.
| 19 | | (b) In the case of a violation of the property maintenance | 20 | | code of the county by a repeat offender, service of process | 21 | | against the owner of the property that is the subject of the | 22 | | violation may be a notice to appear. The notice may be issued | 23 | | by a code enforcement officer of the county where the violation |
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| 1 | | occurred subject to the approval of an ordinance administrator. | 2 | | The notice to appear shall, at a minimum, state the address of | 3 | | the property that is the subject of the code violation, the | 4 | | language and citation of the code provision that was violated, | 5 | | the facts that the violation is based on, the date, time, and | 6 | | location for the appearance by the property owner, and that | 7 | | failure to correct the violation prior to the hearing date may | 8 | | result in a fine. The notice to appear shall be served upon the | 9 | | property owner, either personally, or by delivery confirmation | 10 | | mail and first class mail. The violation notice shall be sent | 11 | | to the address where the violation is observed and to the | 12 | | property owner's address on file with the Supervisor of | 13 | | Assessments office. The county shall simultaneously post the | 14 | | notice on the property where the violation occurred. The date | 15 | | to appear shall be no sooner than 15 days after the notice is | 16 | | served upon the owner. If the owner of the property fails to | 17 | | appear in response to the notice, the Court may issue a warrant | 18 | | or summons in accordance with subsection (a) of this Section. | 19 | | For the purposes of this Section, "repeat offender" means a | 20 | | person who has been found guilty of 2 or more similar | 21 | | violations of a property maintenance code at the same location | 22 | | in a 36-month period. In the case of a violation of a county | 23 | | building code or property maintenance code, the county code | 24 | | enforcement officer provided for by the county in its | 25 | | respective building or property maintenance code may issue a | 26 | | notice to appear. |
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| 1 | | (Source: P.A. 97-561, eff. 1-1-12.)
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