(65 ILCS 5/11-31-2.3) (from Ch. 24, par. 11-31-2.3)
Sec. 11-31-2.3.
If a receiver is appointed pursuant to Section
11-31-2 of this Act, the applicant's bond shall be excused. The
court also may excuse the surety on the receiver's bond upon a
showing that the receiver is especially qualified for the
appointment. Evidence of special qualifications shall include
but not be limited to: (a) satisfactory past performance as a
receiver; (b) prior real estate management or development
experience; (c) licensure or certification in a relevant profession
or occupation; or (d) specialized training as a receiver.
(Source: P.A. 85-634.)
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(65 ILCS 5/Art. 11 Div. 31.1 heading) DIVISION 31.1.
BUILDING CODE VIOLATIONS
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(65 ILCS 5/11-31.1-1) (from Ch. 24, par. 11-31.1-1)
Sec. 11-31.1-1.
Definitions.
As used in this Division, unless the context
requires otherwise:
(a) "Code" means any municipal ordinance, law, housing
or building code or zoning ordinance
that establishes construction, plumbing, heating, electrical, fire
prevention, sanitation or other health and safety standards that are
applicable to structures in a municipality or any municipal ordinance that
requires, after notice, the cutting of weeds, the removal of garbage and
debris, the removal of inoperable motor vehicles, or the abatement of nuisances
from private property;
(b) "Building inspector" means a full time state, county or municipal
employee whose duties include the inspection or examination of
structures or property in a municipality to determine if zoning or
other code violations exist;
(c) "Property owner" means the legal or beneficial owner of
a structure;
(d) "Hearing officer" means a municipal employee or an officer or
agent of a municipality, other than a building inspector or law enforcement
officer, whose duty it is to:
(1) preside at an administrative hearing called to | ||
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(2) hear testimony and accept evidence from the | ||
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(3) preserve and authenticate the transcript and | ||
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(4) issue and sign a written finding, decision and | ||
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(Source: P.A. 91-162, eff. 7-16-99.)
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(65 ILCS 5/11-31.1-2) (from Ch. 24, par. 11-31.1-2)
Sec. 11-31.1-2.
Code hearing department.
The corporate authorities of any municipality may adopt this Division and
establish a Code
Hearing Department within an existing code enforcement agency or as a
separate and independent agency in the municipal government. The function
of the hearing department is to expedite the prosecution and correction of
code violations in the manner set forth in this Division.
(Source: P.A. 88-37.)
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(65 ILCS 5/11-31.1-3) (from Ch. 24, par. 11-31.1-3)
Sec. 11-31.1-3.
Hearing procedures not exclusive.
In any municipality where this Division is adopted, this Division does
not preclude the municipality from using other methods to enforce the
provisions of its code.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)
Sec. 11-31.1-4. Instituting code hearing proceedings. When a building
inspector finds a code violation while inspecting a structure, he shall
note the violation on a multiple copy violation notice
and report form, indicating the name and address of the structure owner, 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
structure where the violation is observed.
The violation report form shall be forwarded by the building inspector
to the Code Hearing Department where a Docket number shall be stamped on
all copies of the report, and a hearing date noted 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 by the
building inspector.
One copy of the violation report form shall be maintained in the files
of the Code Hearing Department and shall be part of the record of hearing,
one copy of the report form shall be returned to the building inspector so
that he 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 on the owner of the structure, along
with a summons commanding the owner to appear at the hearing.
If the municipality in which the structure is situated has an ordinance
requiring property owners to register with the municipality, service may be
made on the owner by mailing the report and summons to the owner's address
registered with the municipality. If the name
of the owner of the structure cannot be ascertained or if service on the
owner cannot be made by mail, service may be made on the owner by posting
or nailing a copy of the violation report form on the front door of the
structure where the violation is found, not less than 20 days before the
hearing is scheduled.
(Source: P.A. 97-1088, eff. 8-24-12.)
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(65 ILCS 5/11-31.1-5) (from Ch. 24, par. 11-31.1-5)
Sec. 11-31.1-5.
Subpoenas; Defaults.
At any time prior to the
hearing date the hearing officer assigned to hear the case may,
at the request of the building inspector or the attorney for
the municipality, or the owner or his attorney, issue subpoenas
directing witnesses to appear and give testimony at the hearing.
If on the date set for hearing the owner or his attorney fails
to appear, the hearing officer may find the owner in default and
shall proceed with the hearing and accept evidence relevant to
the existence of a code violation.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-6) (from Ch. 24, par. 11-31.1-6)
Sec. 11-31.1-6.
Continuances - Representation at code hearings.
No continuances shall be authorized by the hearing officer in
proceedings under this Division except in cases where a continuance is
absolutely necessary to protect the rights of the owner. Lack of
preparation shall not be grounds for a continuance. Any continuance
authorized by a hearing officer under this Division shall not exceed 25
days. The case for the municipality may be presented by the building
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 Department. The case for
the dwelling owner may be presented by the owner, his attorney, or any
other agent or representative.
(Source: Laws 1967, p. 1905.)
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(65 ILCS 5/11-31.1-7) (from Ch. 24, par. 11-31.1-7)
Sec. 11-31.1-7.
Hearing; Evidence.
At the hearing, a hearing officer
shall preside and shall hear testimony and accept any evidence relevant to
the existence or non-existence of a code violation in the structure
indicated. The strict rules of evidence applicable to judicial proceedings
shall not apply to hearings authorized by this Division.
(Source: P.A. 86-1039.)
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(65 ILCS 5/11-31.1-8) (from Ch. 24, par. 11-31.1-8)
Sec. 11-31.1-8. Eviction - Rights of the occupants. No action for eviction, abatement of a nuisance, or other similar proceeding shall be threatened or instituted
against an occupant of a dwelling solely because such occupant agrees to
testify or testifies at a code violation hearing.
(Source: P.A. 100-173, eff. 1-1-18.)
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(65 ILCS 5/11-31.1-9) (from Ch. 24, par. 11-31.1-9)
Sec. 11-31.1-9.
Defenses to code violations.
It shall be a defense to a code violation charged under this Division if
the owner, his attorney, or any other agent or representative proves to the
hearing officer's satisfaction that:
(a) The code violation alleged in the notice does not in fact exist, or
at the time of the hearing the violation has been remedied or removed;
(b) The code violation has been caused by the current property occupants
and that in spite of reasonable attempts by the owner to maintain the
dwelling free of such violations, the current occupants continue to cause
the violations;
(c) An occupant or resident of the dwelling has refused entry to the
owner or his agent to all or a part of the dwelling for the purpose of
correcting the code violation.
(Source: P.A. 89-372, eff. 1-1-96.)
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(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) (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) (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) (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) (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 | ||
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(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) (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) (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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(65 ILCS 5/11-31.1-14) (from Ch. 24, par. 11-31.1-14)
Sec. 11-31.1-14. Application for grants. Any municipality adopting
this Division may make application to the Department of Commerce and Economic Opportunity for grants to help defray the cost of establishing and
maintaining a code hearing department as provided in this Division. The
application for grants shall be in the manner and form prescribed by the
Department of Commerce and Economic Opportunity.
(Source: P.A. 94-793, eff. 5-19-06.)
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(65 ILCS 5/Art. 11 Div. 32 heading) DIVISION 32.
REGULATION OF HEATING, AIR CONDITIONING
AND REFRIGERATION INSTALLATIONS
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(65 ILCS 5/11-32-1) (from Ch. 24, par. 11-32-1)
Sec. 11-32-1. The corporate authorities of each municipality may:
(1) provide for the regulation, safe construction, installation,
alteration, inspection, testing and maintenance of heating, air
conditioning and refrigerating systems specified in this section.
(2) provide for examination, licensing and regulation of heating, air
conditioning and refrigeration contractors; and fix the amount of license
fees, not exceeding $50, and the terms and manner of issuing and revoking
licenses of such contractors.
(3) provide for the appointment of a board of examiners which shall
examine applicants for and issue licenses to such contractors as are found
capable and trustworthy.
A. The term "heating, air conditioning and refrigeration contractor"
means:
(a) any person engaged in the business of installing, altering or
servicing heating, air conditioning or refrigerating systems;
(b) any private or municipally owned public utility if such public
utility installs heating, air conditioning or refrigerating systems.
The term "heating, air conditioning and refrigeration contractor" does
not include: (i) any private or municipally owned public utility, fuel
supplier or dealer that supplies fuel and services or repairs heating or
air conditioning appliances or equipment in connection with or as a part of
their business of supplying the fuel used in such appliances or equipment;
or (ii) any liquefied petroleum gas dealer subject to "An Act to regulate
the storage, transportation, sale and use of liquefied petroleum gases",
approved July 11, 1955, as now or hereafter amended, and the rules and
regulations of the Illinois State Police promulgated
pursuant to
such Act; or (iii) any electrical contractor registered or licensed as such
under the provisions of this Act or any other statute.
B. The term "heating system" means any heating unit intended to warm the
atmosphere of any building or rooms therein used for human occupancy.
C. The term "air conditioning system" means any air conditioning unit
designed to cool the atmosphere of any building or rooms therein used for
human occupancy, which unit has a rated heat removal capacity in excess of
20,000 British thermal units per hour; and also any such unit regardless of
size or rating that is installed in such a manner that it projects from a
building where pedestrian traffic will pass below it.
D. The term "refrigerating system" means any refrigerating unit, other
than an air conditioning system as defined in this section, which is to be
used in conjunction with or as an aid to any commercial enterprise but does
not include a refrigerating unit used for family household purposes.
Any heating, air conditioning and refrigeration contractor properly
licensed under paragraph (2) of this section in the municipality of his
principal place of business in this State may install heating, air
conditioning and refrigeration systems in any other municipality without
securing an additional license, provided that such contractor complies with
the rules and regulations of the municipality where such systems are
installed.
(Source: P.A. 102-538, eff. 8-20-21.)
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(65 ILCS 5/Art. 11 Div. 33 heading) DIVISION 33.
REGISTRATION OF ELECTRICAL
CONTRACTORS
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(65 ILCS 5/11-33-1) (from Ch. 24, par. 11-33-1)
Sec. 11-33-1.
The corporate authorities of each municipality may require
the registration of electrical contractors, and may impose an annual
registration fee of $25 on each registered contractor. An electrical
contractor who is registered in one municipality, however, shall not be
required by any other municipality to be registered or to pay a
registration fee in the other municipality.
The term "electrical contractor," as used in this section, means any
person engaged in the business of installing or altering by contract
electrical equipment for the utilization of electricity for light, heat, or
power. But the term "electrical contractor" shall not include the
installing or altering of (1) radio apparatus or equipment for wireless
reception of sounds and signals, or (2) apparatus, conductors, or other
equipment installed for or by public utilities, including common carriers,
which are under the jurisdiction of the Illinois Commerce Commission, for
use in their operation as public utilities. Nor shall the term include the
employees employed by an electrical contractor to do or supervise his work.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 11 Div. 34 heading) DIVISION 34.
STEAM BOILER INSPECTION AND
OPERATOR LICENSING
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(65 ILCS 5/11-34-1) (from Ch. 24, par. 11-34-1)
Sec. 11-34-1.
The corporate authorities of each municipality may:
(1) provide for the inspection of steam boilers and elevators.
(2) provide for the examination, licensing, and regulation of persons
having charge of steam boilers under steam pressure, exhausting through an
engine, and of persons having charge as starters or operators of all
freight and passenger elevators run by hydraulic, electric, steam, water
balance, compressed air, or any other motive power.
(3) fix the amount of the license fee, terms, and manner of issuing to
and revoking the licenses of the specified persons.
(4) provide for the appointment by the mayor or the president of the
board of trustees of competent boards of examiners, which shall examine
applicants and license those found capable and trustworthy to operate steam
boilers or elevators, as the case may be.
(Source: Laws 1961, p. 576.)
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