Full Text of SB0086 99th General Assembly
SB0086enr 99TH GENERAL ASSEMBLY |
| | SB0086 Enrolled | | LRB099 03636 AWJ 23644 b |
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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 | | 5-43035 as follows: | 6 | | (55 ILCS 5/5-43035) | 7 | | Sec. 5-43035. Enforcement of judgment. | 8 | | (a) Any fine, other sanction, or costs imposed, or part of | 9 | | any fine, other sanction, or costs imposed, remaining unpaid | 10 | | after the exhaustion of or the failure to exhaust judicial | 11 | | review procedures under the Illinois Administrative Review Law | 12 | | are a debt due and owing the county and may be collected in | 13 | | accordance with applicable law. | 14 | | (b) After expiration of the period in which judicial review | 15 | | under the Illinois Administrative Review Law may be sought for | 16 | | a final determination of a code violation, unless stayed by a | 17 | | court of competent jurisdiction, the findings, decision, and | 18 | | order of the hearing officer may be enforced in the same manner | 19 | | as a judgment entered by a court of competent jurisdiction. | 20 | | (c) In any case in which a defendant has failed to comply | 21 | | with a judgment ordering a defendant to correct a code | 22 | | violation or imposing any fine or other sanction as a result of | 23 | | a code violation, any expenses incurred by a county to enforce |
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| 1 | | the judgment, including, but not limited to, attorney's fees, | 2 | | court costs, and costs related to property demolition or | 3 | | foreclosure, after they are fixed by a court of competent | 4 | | jurisdiction or a hearing officer, shall be a debt due and | 5 | | owing the county and may be collected in accordance with | 6 | | applicable law. Prior to any expenses being fixed by a hearing | 7 | | officer pursuant to this subsection (c), the county shall | 8 | | provide notice to the defendant that states that the defendant | 9 | | shall appear at a hearing before the administrative hearing | 10 | | officer to determine whether the defendant has failed to comply | 11 | | with the judgment. The notice shall set the date for the | 12 | | hearing, which shall not be less than 7 days after the date | 13 | | that notice is served. If notice is served by mail, the 7-day | 14 | | period shall begin to run on the date that the notice was | 15 | | deposited in the mail. | 16 | | (c-5) A default in the payment of a fine or penalty or any | 17 | | installment of a fine or penalty may be collected by any means | 18 | | authorized for the collection of monetary judgments. The | 19 | | state's attorney of the county in which the fine or penalty was | 20 | | imposed may retain attorneys and private collection agents for | 21 | | the purpose of collecting any default in payment of any fine or | 22 | | penalty or installment of that fine or penalty. Any fees or | 23 | | costs incurred by the county with respect to attorneys or | 24 | | private collection agents retained by the state's attorney | 25 | | under this Section shall be charged to the offender. | 26 | | (d) Upon being recorded in the manner required by Article |
| | | SB0086 Enrolled | - 3 - | LRB099 03636 AWJ 23644 b |
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| 1 | | XII of the Code of Civil Procedure or by the Uniform Commercial | 2 | | Code, a lien shall be imposed on the real estate or personal | 3 | | estate, or both, of the defendant in the amount of any debt due | 4 | | and owing the county under this Section. The lien may be | 5 | | enforced in the same manner as a judgment lien pursuant to a | 6 | | judgment of a court of competent jurisdiction. | 7 | | (e) A hearing officer may set aside any judgment entered by | 8 | | default and set a new hearing date, upon a petition filed | 9 | | within 21 days after the issuance of the order of default, if | 10 | | the hearing officer determines that the petitioner's failure to | 11 | | appear at the hearing was for good cause or at any time if the | 12 | | petitioner establishes that the county did not provide proper | 13 | | service of process. If any judgment is set aside pursuant to | 14 | | this subsection (e), the hearing officer shall have authority | 15 | | to enter an order extinguishing any lien that has been recorded | 16 | | for any debt due and owing the county as a result of the | 17 | | vacated default judgment.
| 18 | | (Source: P.A. 96-1386, eff. 7-29-10.)
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