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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-19.2-5
(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
(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
(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
(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
(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
(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
(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
(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
(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 | | municipality and against the respondent for the amount indicated in the findings, decision and order, plus court costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and
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(2) the court may also issue such other orders or
| | injunctions or both requested by the municipality to enforce the order of the hearing officer to correct a code violation.
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(Source: P.A. 86-1364.)
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65 ILCS 5/11-19.2-13
(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
(65 ILCS 5/Art. 11 Div. 20 heading)
DIVISION 20.
FOOD, WATER, DISEASE, OTHER
REGULATIONS
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65 ILCS 5/11-20-1
(65 ILCS 5/11-20-1) (from Ch. 24, par. 11-20-1)
Sec. 11-20-1.
The corporate authorities of each municipality may establish
and regulate markets and markethouses.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-20-2
(65 ILCS 5/11-20-2) (from Ch. 24, par. 11-20-2)
Sec. 11-20-2.
The corporate authorities of each municipality may regulate
the sale of all beverages and food for human consumption except the
wholesale sale of alcoholic beverages and except as provided in "An Act
relating to the sale of bread", approved July 9, 1959, as heretofore and
hereafter amended. The corporate authorities may locate and regulate the
places where and the manner in which any beverage or food for human
consumption is sold and also may prescribe the loaf-weight and quality of
bread.
(Source: Laws 1961, p. 576.)
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