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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-31.1-10
(65 ILCS 5/11-31.1-10) (from Ch. 24, par. 11-31.1-10)
Sec. 11-31.1-10.
Findings, decision, 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 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, ordering the owner to correct the violation or
dismissing the case, in the event a violation is not proved. If a code
violation is proved, the order may also impose the sanctions that are
provided in the code for the violation proved. A copy of the findings,
decision, and order shall be served on the owner within 5 days after they
are issued; service shall be in the same manner as the report form and
summons are served pursuant to Section 11-31.1-4. Payment of any penalty or
fine and the disposition of fine money shall be in the same manner as set
forth in the code, unless the corporate authorities adopting this Division
provide otherwise.
(Source: P.A. 86-1039.)
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65 ILCS 5/11-31.1-11
(65 ILCS 5/11-31.1-11) (from Ch. 24, par. 11-31.1-11)
Sec. 11-31.1-11.
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. 82-783.)
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65 ILCS 5/11-31.1-11.1
(65 ILCS 5/11-31.1-11.1) (from Ch. 24, par. 11-31.1-11.1)
Sec. 11-31.1-11.1.
Judgment on findings, decision, order.
(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.
(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 $2500. If the court is
satisfied that the findings, decision and order were entered in accordance
with the requirements of this Division and the applicable municipal
ordinance, and that the property owner 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 property owner for the amount indicated in the findings,
decision and order, plus 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 (2) the court may also issue such other orders and
injunctions as are requested by the municipality to enforce the order of the
hearing officer to correct a code violation.
(Source: P.A. 89-372, eff. 1-1-96.)
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65 ILCS 5/11-31.1-12
(65 ILCS 5/11-31.1-12) (from Ch. 24, par. 11-31.1-12)
Sec. 11-31.1-12.
Sanctions applicable to owner - Property.
The order to correct a code violation and the sanctions imposed by a
municipality as the result of a finding of a code violation under this
Division shall attach to the property as well as to the owner of the
property, so that a 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.
(Source: Laws 1967, p. 1905.)
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65 ILCS 5/11-31.1-12.1
(65 ILCS 5/11-31.1-12.1) (from Ch. 24, par. 11-31.1-12.1)
Sec. 11-31.1-12.1.
(a) The owner of a building located in a municipality in a county having
a population in excess of 100,000 inhabitants who, directly or indirectly,
has collected, or caused to be collected, rentals from an occupant of that
building during a period in which the number of apartments or family units
in that building exceeded the number permitted for that building by an
ordinance of the municipality in which the building is located, is liable
to any such occupant in an amount equal to not more than 3 times the amount
of any rentals paid by any such occupant, or in his behalf, after January
1, 1970, together with court costs and reasonable attorney's fees. If the
occupant is a recipient of public aid under Article III, IV, or VI of "the
Illinois Public Aid Code", approved April 11, 1967, as amended, in whose
behalf vendor payment of the rental was made by the Illinois Department of
Public Aid, the Department of Human Services (acting as successor to the
Department of Public Aid under the Department of Human Services Act), or a
local governmental unit, as the case may be,
the liability
as herein provided is to the Illinois Department of Public Aid, the
Department of Human Services (acting as successor to the Department of Public
Aid under the Department of Human Services Act), or the local
governmental unit making the vendor payment of the rental.
(b) For the purposes of this Section:
(1) "Owner" means the legal or beneficial owner of a | |
(2) "Family unit" means a room or group of rooms used
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(c) No liability accrues under this Section until 30 days after the
owner of record of a building has been notified in writing that such owner
is in violation of any such municipal ordinance. Such notice shall be
personally served upon such owner of record or sent by registered mail to
the last known address of such owner.
(Source: P.A. 89-507, eff. 7-1-97.)
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65 ILCS 5/11-31.1-12.2
(65 ILCS 5/11-31.1-12.2) (from Ch. 24, par. 11-31.1-12.2)
Sec. 11-31.1-12.2.
(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 safety code violations.
(b) 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. 86-315.)
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65 ILCS 5/11-31.1-13
(65 ILCS 5/11-31.1-13) (from Ch. 24, par. 11-31.1-13)
Sec. 11-31.1-13.
Adoption of Division by municipality.
This Division may be adopted by a municipality by incorporating the
provisions of this Division in an ordinance and passing and publishing the
ordinance in the manner provided in Division 2 of Article 1 of this Act.
(Source: Laws 1967, p. 1905.)
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