(65 ILCS 5/1-2.2-20)
Instituting code hearing proceedings.
When a police
officer or other individual
authorized to issue a code violation finds a code violation to exist, he or
shall note the violation on a
multiple copy violation notice and report form that indicates (i) the name and
of the defendant, (ii) the
type and nature of the violation, (iii) the date and time the violation was
and (iv) the names of
witnesses to the violation.
The violation report form shall be forwarded to the code hearing department
where a docket
number shall be stamped on all copies of the report and a hearing date shall be
in the blank spaces
provided for that purpose on the form. The hearing date shall not be less than
30 nor more than 40
days after the violation is reported.
However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than 7 nor more than 40 days after the violation is reported.
One copy of the violation report form shall be maintained in the files of the
department and shall be part of the record of hearing, one copy of the report
form shall be returned to
the individual representing the municipality in the case so that he or she may
prepare evidence of the code
violation for presentation at the hearing on the date indicated, and one copy
of the report form shall be
served by first class mail to the defendant along with a summons commanding
the defendant to appear
at the hearing.
In municipalities with a population under 3,000,000, if the violation report form requires the respondent to
answer within a certain amount of time, the
municipality must reply to the answer within the same amount of time
afforded to the
(Source: P.A. 94-616, eff. 1-1-06; 95-1016, eff. 6-1-09