(65 ILCS 5/11-19-7) (from Ch. 24, par. 11-19-7)
Sec. 11-19-7.
When the corporate authorities of 2 or more cities, villages,
or incorporated towns each declare by ordinance that it is in the best
interests of such cities, villages, or incorporated towns to join with each
other or with any one or more than one county in the collection and
disposal or solely in the collection or solely in the disposal of garbage,
refuse and ashes, they shall cause a contract to be prepared which shall
set forth: (a) Whether the cities, villages or incorporated towns shall
participate in a joint garbage department to be operated as an
inter-municipal function; or whether the cities, villages or incorporated
towns shall enter into a contract or contracts with a private party or
parties for the collection and disposal of garbage, refuse and ashes; (b)
The financial responsibilities and contributions of the respective cities,
villages and incorporated towns and counties; (c) The personnel
responsibilities and contributions of the respective cities, villages and
incorporated towns and counties; (d) Whether the financing shall be by
service charges to be collected from persons, firms, and corporations
receiving service, by tax levies, or both; (e) The term of the contract
which shall be not less than one year nor more than 30 years: Provided,
such contract may be modified from time to time as conditions may warrant,
may be extended for periods not exceeding 30 years, may be opened to admit
additional cities, villages, incorporated towns or counties and may be
changed to permit the withdrawal of any participant on such conditions as
shall be agreed to by all of the participants; (f) If the contracting
parties so desire, an undertaking that they will provide by ordinance,
license, contract or other means that
the methods of disposal employed within any municipality with more than
130,000 but less than 2,000,000 population, or within any municipality which
is a signatory to a plan providing for the management of solid waste
generated by more than one municipality or county,
shall be the exclusive methods of disposal to be allowed
within their respective jurisdictions, notwithstanding
the fact that competition may be displaced or that such ordinance or agreement
may have an anti-competitive effect; and (g) Such other provisions as
shall be deemed necessary to effectuate a workable system of collection and
disposal or solely of collection or solely of disposal of garbage, refuse,
and ashes.
The corporate authorities of any city, village, or incorporated town and
the governing body of any county entering into any such joint exercise of
powers shall appoint a committee of no more than 3 of its own members to
make continuing studies of the operations of such joint exercise of powers.
This committee shall also meet as necessary with the committees appointed
by the other contracting parties and all of such committees shall together
constitute a joint committee on garbage and refuse disposal. Such joint
committee shall make recommendations necessary for the improvement of the
garbage, refuse and ashes collection and disposal services or collection
service or disposal service alone as the case may be, and shall prepare
such rules and regulations as it may from time to time deem necessary. The
corporate authorities may adopt such rules and regulations by ordinance and
may provide penalties for the violation thereof. The committee chosen by
each of the contracting parties shall have a single vote in all activities
of the joint committee.
(Source: P.A. 84-963.)
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(65 ILCS 5/11-19-8) (from Ch. 24, par. 11-19-8)
Sec. 11-19-8.
If a city, village or incorporated town exercises the powers
granted by this Division 19 jointly and cooperatively with another city,
village or incorporated town or county and it is agreed pursuant to the
provisions of Section 11-19-7 that there shall be a joint garbage
department to be operated as an intermunicipal function, employees assigned
to such department shall nevertheless be considered employees of the
appropriate individual city, village or incorporated town. The
administrative head or superintendent of any such joint department shall be
an employee of and shall be appointed by the mayor or president of the
largest city, village or incorporated town participating in the joint
department, but such appointment shall be subject to confirmation by the
joint committee on operations provided for in Section 11-19-7. Any rights,
privileges or benefits, civil service status, pensions or otherwise,
existing or hereinafter created, appertaining to any municipal employee
assigned to any joint garbage department shall continue to exist as rights,
privileges or benefits without regard to such assignment and as if this
amendatory act of 1957 had not been adopted.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-9) (from Ch. 24, par. 11-19-9)
Sec. 11-19-9.
Except as otherwise provided in Section 11-19-10, whenever a
city, village or incorporated town exercises the powers granted by this
Division 19 jointly and cooperatively with any other city, village or
incorporated town or county, all proceeds of tax levies, service charges,
sales or other income shall be placed in the treasury of the city, village
or incorporated town levying the tax or assessing the service charge or
making the sale, as the case may be.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11-19-10) (from Ch. 24, par. 11-19-10)
Sec. 11-19-10. Every city, village, and incorporated town may acquire by
purchase, gift or condemnation any real property within or without the
corporate limits of such city, village or incorporated town for the purpose
of providing facilities for the disposal of garbage, refuse and ashes. In
all cases where property is acquired or sought to be acquired by
condemnation, the procedure shall be, as nearly as may be, like that
provided for the exercise of the right of eminent
domain under the Eminent Domain Act.
In any village containing a population of less than 15,000 where the
property sought to be acquired is to be used for a
refuse derived fuel system and for industrial development that will utilize
steam and electricity derived from such system, such property may be
acquired pursuant to the "quick-take" procedures prescribed in Section
7-103 of such Code (now Article 20 of the Eminent Domain Act) if such procedures are commenced on or before June 30,
1987. As used herein, "refuse derived fuel system" means a facility
designed to convert refuse and other waste materials into steam and
electricity to be used for industrial development and other commercial purposes.
If a city, village or incorporated town joins with one or more than one
other city, village or incorporated town or county in the exercise of the
powers granted by this section, (a) any real property purchased shall be
taken in the names of the contracting cities, villages, incorporated towns,
and counties, if any; (b) in case of condemnation, the city, village or
incorporated town in which the real property lies, or the city, village or
incorporated town nearest to the area of the real property to be condemned,
shall institute condemnation proceedings; Provided, (1) any real property
so acquired shall be held in trust by such city, village or incorporated
town for the benefit of the contracting cities, villages, incorporated
towns, and counties, all of which shall bear the expense of condemnation
according to agreement; (2) when real property acquired by condemnation is
no longer used for joint disposal of garbage, refuse and ashes, it shall be
sold by the city, village or incorporated town in whose name it is held and
the proceeds shall be distributed to the contracting cities, villages,
incorporated towns, and counties as their interests shall appear. Any
improvements existing on real property jointly acquired by purchase, gift
or condemnation for garbage, refuse and ashes disposal purposes which
cannot be used for such purposes may be disposed of in such manner as is
mutually agreeable to the cities, villages, incorporated towns, and
counties involved.
(Source: P.A. 94-1055, eff. 1-1-07.)
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(65 ILCS 5/Art. 11 Div. 19.1 heading) DIVISION 19.1.
AIR CONTAMINATION CONTROL
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(65 ILCS 5/11-19.1-11) (from Ch. 24, par. 11-19.1-11)
Sec. 11-19.1-11.
For the purposes of lessening or preventing the discharge
of air contaminants, the corporate authorities of a city, village or
incorporated town may prescribe by ordinance for the regulation of (1) the
design and installation of accessory or appurtenant parts and equipment of
buildings and structures and uses of land connected with the emission of
air contaminants, (2) the operation or use of equipment and appliances
emitting air contaminants, (3) the conduct or carrying on of uses of land
which causes the emission into the atmosphere of air contaminants, and (4)
the abatement of an operation, activity or use causing air contamination.
For the purposes of this Section, "air contaminant" means and includes but
is not limited to the following: dust, soot, mist, smoke, fumes, fly ash,
vapor, corrosive gas or other discharge and any other air borne material or
substance that is offensive, nauseous, irritating or noxious to humans or
other animal life.
The corporate authorities of any city, village or incorporated town may
make contracts providing for a program of joint air contamination control
within the jurisdiction of the contracting parties and providing terms and
conditions that are not in conflict with this Section with the corporate
authorities of any one or more of the following:
(a) any other city, village or incorporated town;
(b) one or more counties; or
(c) adjoining areas of another State.
The corporate authorities of each city, village or incorporated town
desiring to so contract shall appoint a committee of no more than 3 of its
own members to negotiate the terms and conditions of the proposed contract
which shall be subject to approval by those corporate authorities. The
rules and regulations for air contamination control established pursuant to
the terms and conditions of such approved contract shall be adopted by
ordinance by each contracting city, village or incorporated town.
Whenever the corporate authorities of any city, village or incorporated
town enter a contract that is authorized by this Section they shall include
in the annual appropriation ordinance for each fiscal year, an
appropriation of a sum of money sufficient to pay the amount which, by the
terms of the contract, is to become due and payable from that city, village
or incorporated town during the current fiscal year.
(Source: Laws 1967, p. 1340 .)
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(65 ILCS 5/Art. 11 Div. 19.2 heading) DIVISION 19.2.
SANITATION CODE VIOLATIONS
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(65 ILCS 5/11-19.2-1) (from Ch. 24, par. 11-19.2-1)
Sec. 11-19.2-1.
Definitions.
As used in this Division, unless the
context requires otherwise:
(a) "Code" means any municipal ordinance that pertains to or regulates:
sanitation practices; forestry practices; the attachment of bills or
notices to public property; the definition, identification and abatement of
public nuisances; and the accumulation, disposal and transportation of
garbage, refuse and other forms of solid waste in a municipality.
(b) "Sanitation inspector" means a municipal employee authorized to
issue citations for code violations and to conduct inspections of public or
private real property in a municipality to determine if code violations exist.
(c) "Property owner" means the legal or beneficial owner of an improved
or unimproved parcel of real estate.
(d) "Hearing officer" means a person other than a sanitation inspector
or law enforcement officer having the following powers and duties:
(1) to preside at an administrative hearing called to | ||
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(2) to hear testimony and accept evidence from the | ||
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(3) to preserve and authenticate the record of the | ||
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(4) to issue and sign a written finding, decision and | ||
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(5) to impose penalties consistent with applicable | ||
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(e) "Respondent" means a property owner, waste hauler or other person
charged with liability for an alleged code violation and the person to whom
the notice of violation is directed.
(f) "Solid waste" means demolition materials, food and industrial
processing wastes, garden trash, land cleaning wastes, mixed refuse,
non-combustible refuse, rubbish, and trash as those terms are defined in the Solid Waste Disposal District Act.
(g) "Waste hauler" means any person owning or controlling any vehicle
used to carry or transport garbage, refuse or other forms of solid waste.
(Source: P.A. 90-655, eff. 7-30-98.)
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(65 ILCS 5/11-19.2-2) (from Ch. 24, par. 11.19.2-2)
Sec. 11-19.2-2.
Code hearing unit.
The corporate authorities of any
municipality having a population of 100,000 or more inhabitants may
establish by ordinance a code hearing unit within an existing code
enforcement agency or as a separate and independent agency in the municipal
government. The function of the code hearing unit is to expedite the
prosecution and correction of code violations in the manner set forth in
this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-3) (from Ch. 24, par. 11-19.2-3)
Sec. 11-19.2-3.
Hearing procedures not exclusive.
In any municipality
where this Division is adopted, this Division shall not preclude the
municipality from using other methods to enforce the provisions of its Code.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)
Sec. 11-19.2-4. Instituting code hearing proceedings. When a
sanitation inspector observes or otherwise discovers a code violation, he
shall note the violation on a violation notice and report form, indicating
the name and address of the respondent, if known, the name, address and
State vehicle registration number of the waste hauler who deposited the
waste, if applicable, a citation to the specific code provision or provisions alleged to have been violated, a description of the circumstances present that constitute the alleged violation, the date and
time the violation was observed, the names of witnesses to the violation,
and the address of the location or property where the violation is observed.
The violation notice and report form shall contain a file number and a
hearing date noted by the sanitation inspector in the blank spaces provided
for that purpose on the form. The violation notice and report form shall
state that failure to appear at the hearing on the date indicated may
result in a determination of liability for the cited violation and the
imposition of fines and assessment of costs as provided by the applicable
municipal ordinance. The violation notice and report form shall also state
that upon a determination of liability and the exhaustion or failure to
exhaust procedures for judicial review, any unpaid fines or costs imposed
will constitute a debt due and owing the municipality.
A copy of the violation notice and report form shall be served upon the
respondent either personally or by first class mail, postage prepaid, and
sent to the address of the respondent. If the municipality has an
ordinance requiring all or certain property owners to register with the
municipality, service may be made on the respondent property owner by
mailing the violation notice and report to the owner's address registered
with the municipality. If the name of the respondent property owner cannot
be ascertained or if service on such respondent cannot be made by mail,
service may be made on the respondent property owner by posting a copy of
the violation notice and report form in a prominent place upon the property
where the violation is found, not less than 10 days before the hearing is
scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-19.2-5) (was 65 ILCS 5/19.2-5)
Sec. 11-19.2-5. Subpoenas - Defaults. At any time prior to
the hearing date the hearing officer assigned to hear the case
may, at the request of the sanitation inspector or the attorney
for the municipality, or the respondent or his attorney, issue
subpoenas directing witnesses to appear and give testimony at
the hearing. If on the date set for hearing the respondent or
his attorney fails to appear, the hearing officer may find the
respondent in default and shall proceed with the hearing and
accept evidence relating to the existence of a code violation.
(Source: P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/19.2-5) (from Ch. 24, par. 11-19.2-5)
Sec. 19.2-5.
(Renumbered).
(Source: Renumbered by P.A. 95-331, eff. 8-21-07.)
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(65 ILCS 5/11-19.2-6) (from Ch. 24, par. 11-19.2-6)
Sec. 11-19.2-6.
Representation at code hearings.
The case for the
municipality may be presented by the sanitation inspector, by any other
municipal employee or by an attorney designated by the municipality.
However, in no event shall the case for the municipality be presented by an
employee of the code hearing unit. The case for the respondent may be
presented by the respondent, his attorney, or any other agent or
representative.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-7) (from Ch. 24, par. 11-19.2-7)
Sec. 11-19.2-7.
Hearing - Evidence.
The hearing officer shall preside
at the hearing, shall hear testimony and accept any evidence relevant
to the existence or non-existence of a code violation upon the property
indicated. The sanitation inspector's signed violation notice and report
form shall be prima facie evidence of the existence of the code violation
described therein. The strict rules of evidence applicable to judicial
proceedings shall not apply to hearings authorized under this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-8) (from Ch. 24, par. 11-19.2-8)
Sec. 11-19.2-8.
Findings, Decision, and Order.
At the conclusion of
the hearing the hearing officer shall make a determination on the basis of
the evidence presented at the hearing whether or not a code violation
exists. The determination shall be in writing and shall be designated as
the findings, decision and order. The findings, decision and order shall
include the hearing officer's findings of fact, a decision whether or not a
code violation exists based upon the findings of fact, and an order,
imposing a fine or other penalty, directing the respondent to correct the
violation, or dismissing the case in the event the violation is not proved.
If the hearing officer determines that the respondent is liable for the
cited violation, the hearing officer shall enter an order imposing sanctions
that are provided in the code for the violations proved, including the
imposition of fines and recovery of the costs of the proceedings, which
costs shall be enforced in like manner as the enforcement of fines and
penalties. A copy of the findings, decision and order shall be served by
personal service or by any method provided for service of the violation
notice and report form pursuant to Section 11-19.2-4. Payment of any
penalty, fine or costs of the proceedings and the disposition of such money
shall be in the same manner as set forth in this Code, unless the corporate
authorities establishing a code hearing unit by ordinance provide otherwise.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-9) (from Ch. 24, par. 11-19.2-9)
Sec. 11-19.2-9.
Administrative review.
The findings, decision and
order of the hearing officer shall be subject to review in the circuit
court of the county where the municipality is located, and
the provisions of the Administrative Review Law, and all amendments and
modifications thereto, and the rules adopted pursuant thereto are adopted
and shall apply to and govern every action for the judicial review of the
final findings, decision and order of a hearing officer under this Division.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-10) (from Ch. 24, par. 11-19.2-10)
Sec. 11-19.2-10.
Sanctions appropriate to owner - property.
The
order to correct a code violation and the sanctions imposed by a
municipality against a respondent property owner as the result of a
finding of a code violation under this Division shall attach to the
property as well as the owner of the property, so that the finding of a code
violation against one owner cannot be avoided by conveying or transferring
the property to another owner. Any subsequent transferee or owner of
property takes subject to the findings, decision and order of a hearing
officer under this Division if a notice consisting of a copy of the order
to correct a code violation and imposing any sanctions and costs, if
applicable, and a description of the real estate affected sufficient for
the identification thereof, has been filed in the office of the Recorder or
the office of the Registrar of Titles in the county in which such real
estate is located by the municipality prior to the transfer or conveyance
to the subsequent transferee or owner.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-11) (from Ch. 24, par. 11-19.2-11)
Sec. 11-19.2-11.
(a) A person who contracts with the federal
government or any of its agencies, including without limitation the
Department of Housing and Urban Development, to care for vacant residential
real estate shall be responsible for maintaining the property to prevent
and correct municipal health and sanitation code violations.
(b) A person who violates this Section shall be subject to the
findings, decision and order of the hearing officer as provided in this
Division.
(c) A person who intentionally violates this Section is guilty of a
business offense and shall be fined not less than $501 and not more
than $1,000.
(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-12) (from Ch. 24, par. 11-19.2-12)
Sec. 11-19.2-12.
(a) Any fine, other sanction or costs imposed, or
part of any fine, other sanction or costs imposed remaining unpaid after
the exhaustion of, or the failure to exhaust, judicial review procedures
under the Administrative Review Law shall be a debt due and owing the
municipality and, as such, may be collected in accordance with applicable
law. Any subsequent owner or transferee of property takes subject to this
debt if a notice has been filed pursuant to Section 11-19.2-10.
(b) After expiration of the period within which judicial review under
the Administrative Review Law may be sought for a final determination of
the code violation, the municipality may commence a proceeding in the
circuit court of the county where the municipality is located for purposes
of obtaining a judgment on the findings, decision and order. Nothing in
this Section shall prevent a municipality from consolidating multiple
findings, decisions and orders against a person in such a proceeding. Upon
commencement of the action, the municipality shall file a certified
copy of the findings, decision and order, which shall be accompanied by a
certification that recites facts sufficient to show that the findings,
decision and order was issued in accordance with this Division and the
applicable municipal ordinance. Service of the summons
and a copy of the petition may be by any method provided by Section 2-203
of the Code of Civil Procedure or by certified mail, return receipt
requested, provided that the total amount of fines, other sanctions and
costs imposed by the findings, decision and order does not exceed $5,000.
If the court is satisfied that the findings, decision and order was entered
in accordance with the requirements of this Division and the applicable
municipal ordinance, and that the respondent had an opportunity for a
hearing under this Division and for judicial review as provided in this
Division:
(1) the court shall render judgment in favor of the | ||
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(2) the court may also issue such other orders or | ||
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(Source: P.A. 86-1364.)
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(65 ILCS 5/11-19.2-13) (from Ch. 24, par. 11-19.2-13)
Sec. 11-19.2-13.
Adoption of Division by municipality.
Any municipality
establishing a code hearing unit by ordinance under this Division may adopt
such other provisions as are necessary and proper to carry into effect the
powers granted and the purposes stated herein.
(Source: P.A. 86-1364.)
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(65 ILCS 5/Art. 11 Div. 20 heading) DIVISION 20.
FOOD, WATER, DISEASE, OTHER
REGULATIONS
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