(65 ILCS 5/Art. 1 heading) ARTICLE 1
GENERAL PROVISIONS
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(65 ILCS 5/Art. 1 Div. 1 heading) DIVISION 1.
SHORT TITLE, DEFINITIONS,
SCOPE OF CODE, GRANT OF CERTAIN POWERS
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(65 ILCS 5/1-1-1) (from Ch. 24, par. 1-1-1)
Sec. 1-1-1.
This Code shall be known and may be cited as the Illinois Municipal Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-1-2) (from Ch. 24, par. 1-1-2)
Sec. 1-1-2. Definitions. In this Code:
(1) "Municipal" or "municipality" means a city, village, or incorporated
town in the State of Illinois, but, unless the context otherwise provides,
"municipal" or "municipality" does not include a township, town when used
as the equivalent of a township, incorporated town that has
superseded
a civil township, county, school district, park district, sanitary district,
or any other similar governmental district. If "municipal" or "municipality"
is given a different definition in any particular Division or Section of
this Act, that definition shall control in that
division or Section only.
(2) "Corporate authorities" means (a) the mayor and alderpersons or similar body
when the reference is to cities, (b) the president and trustees
or similar body
when the reference is to villages or incorporated towns, and (c) the council
when the reference is to municipalities under the commission form of municipal
government.
(3) "Electors" means persons qualified to vote for elective officers at
municipal elections.
(4) "Person" means any individual, partnership, corporation, joint stock
association, or the State of Illinois or any subdivision of the State; and includes
any trustee, receiver, assignee, or personal representative of any of
those entities.
(5) Except as otherwise provided by ordinance, "fiscal year" in all municipalities
with fewer than 500,000 inhabitants, and "municipal year" in
all municipalities,
means the period elapsing (a) between general municipal elections in succeeding
calendar years, or (b) if general municipal elections are held biennially,
then between a general municipal election and the same day of the same month
of the following calendar year, and between that day and the next succeeding
general municipal election, or (c) if general municipal elections are held
quadrennially, then between a general municipal election and the same day
of the same month of the following calendar year, and between that day and
the same day of the same month of the next following calendar year, and
between the last mentioned day and the same day of the same month of the
next following calendar year, and between the last mentioned day and the
next succeeding general municipal election. The fiscal year of each municipality
with 500,000 or more inhabitants shall commence on January 1.
(6) Where reference is made to a county within which a municipality,
district, area, or territory is situated, the reference is to the county
within which is situated the major part of the area of that
municipality, district, area, or territory, in case the municipality,
district, area, or territory is situated in 2 or more counties.
(7) Where reference is made for any purpose to any other Act, either specifically
or generally, the reference shall be to that Act and to all amendments to
that Act
now in force or that may be hereafter enacted.
(8) Wherever the words "city council", "alderpersons", "commissioners", or
"mayor" occur, the provisions containing these words shall apply to the
board of trustees, trustees, and president, respectively, of villages and
incorporated towns and councilmen in cities, so far as those provisions
are applicable to them.
(9) The terms "special charter" and "special Act" are synonymous.
(10) "General municipal election" means the biennial regularly scheduled
election for the election of officers of cities, villages, and incorporated
towns, as prescribed by the general election law; in the case of municipalities
that elect officers annually, "general municipal election"
means each regularly
scheduled election for the election of officers of cities, villages, and
incorporated
towns.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/1-1-2.1) (from Ch. 24, par. 1-1-2.1)
Sec. 1-1-2.1.
The president of a village or incorporated town may be
referred to as mayor or president of such village or incorporated town.
(Source: P.A. 76-1911.)
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(65 ILCS 5/1-1-3) (from Ch. 24, par. 1-1-3)
Sec. 1-1-3.
All existing municipalities which were incorporated or which
changed their corporate organization under "An Act to provide for the
incorporation of cities and villages," approved April 10, 1872, as amended,
and all existing municipalities which were incorporated under any general
act prior to July 1, 1872, shall be treated as properly incorporated under
this Code.
All municipalities incorporated under any special act in effect prior to
July 1, 1872, which at the date of the passage of this Code are still
functioning under the special act which created them, shall remain as
properly incorporated under that special act.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-1-4) (from Ch. 24, par. 1-1-4)
Sec. 1-1-4.
This Code shall apply generally to all municipalities
which are treated as properly incorporated under this Code as provided
in the first paragraph of Section 1-1-3 and to all municipalities which
are incorporated under this Code.
This Code shall also apply generally to all municipalities
incorporated and now existing under a special charter except to the
extent that this Code is in conflict with any provision in a special
charter, and except as otherwise provided in subsection (1) of Section
1-1-2. In the event that there is a conflict between a provision in this
Code and a provision in a special charter, the special charter shall
govern except where any such charter conflicts with or is inconsistent
with the general election law and except where a provision in this Code
is stated to apply to
municipalities incorporated under a special charter, or to
municipalities whether incorporated under a general or special act, or
words to that effect, or where it is otherwise made manifest that this
Code or any other Illinois statute is intended to govern despite the
inconsistent provisions in the special charter.
A municipality incorporated under a special charter may, by ordinance or
resolution, adopt the provisions of Sections 3.1-15-10, 3.1-20-5, and 3.1-20-22
of this Code.
However, if a particular section of this Code is limited to cities or
villages or incorporated towns or any combination thereof, or to cities,
villages, or incorporated towns of a specified type or any combination
thereof, that intention shall prevail.
(Source: P.A. 92-115, eff. 1-1-02.)
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(65 ILCS 5/1-1-5) (from Ch. 24, par. 1-1-5)
Sec. 1-1-5.
The corporate authorities of each municipality may exercise
jointly, with one or more other municipal corporations or governmental
subdivisions or districts, all of the powers set forth in this Code unless
expressly provided otherwise. In this section "municipal corporations or
governmental subdivisions or districts" includes, but is not limited to,
municipalities, townships, counties, school districts, park districts,
sanitary districts, and fire protection districts.
(Source: Laws 1965, p. 2854.)
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(65 ILCS 5/1-1-6) (from Ch. 24, par. 1-1-6)
Sec. 1-1-6.
Town under special charter superseding civil township;
powers. The corporate authorities of any town incorporated under a
special charter that has superseded a civil township shall
have the
powers enumerated in the following: Sections 1-2-1, 1-4-1 through 1-4-4,
1-4-6, 1-4-7, 1-5-1, 1-6-1, 1-7-1, 1-7-2, 1-7-3, 1-8-1, 3.1-30-5, 7-4-2, 8-1-1
through 8-1-4, 8-1-6, 8-1-8 through 8-1-14, 8-2-9, 8-3-8, 8-3-9, 8-4-1
through 8-4-34, 8-7-1 through 8-7-4, 8-7-5, 8-9-1, 8-9-2, 8-11-1 through
8-11-3, 8-11-4, 10-4-1 through 10-4-3; all of Article 9; and Divisions 1,
2, 3, 4, 5, 6, 7, 8, 10, 11, 13, 14, 15, 16, 19, 20, 22, 23, 27, 28, 30,
31, 32, 33, 34, 37, 40, 42, 43, 44, 49, 53, 54, 56, 57, 58, 59, 60, 61, 62,
68, 71, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 87, 88, 89, 90, 91, 93,
97, 101, 104, 105, 108, 109, 110, 117, 118, 119, 121, 122, 124, 125, 126,
127, 128, 129, 130, 131, 132, 134, 135, 136, 137, 138, 139, 140, 141, 142,
143, 144, 145, 146, 147 and 148 of Article 11. These powers
shall be
cumulative in effect, and if any provision is inconsistent with any power
expressly granted under the special charter of the municipality,
it shall
be considered as an alternative or additional power and not as a limitation
upon any other power granted or possessed by the corporate authorities of
the town incorporated under a special charter that has superseded a
civil township.
(Source: P.A. 87-1119.)
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(65 ILCS 5/1-1-7) (from Ch. 24, par. 1-1-7)
Sec. 1-1-7.
Power of municipality to contract with school boards,
hospitals, commercial and industrial facilities, and owners of shopping
centers or apartment complexes.
The corporate authorities of any municipality shall have the power to
contract with school boards, hospitals, commercial and industrial
facilities, and owners of shopping centers or
apartment complexes within and without the municipal limits in such manner
as is provided by Section 11-209 of "The Illinois Vehicle Code", approved
September 29, 1969, as amended, and as provided under Section 2 of "An Act
in relation to the regulation of motor vehicle traffic and the promotion of
safety on public highways in counties", approved August 9, 1951, as
amended.
This amendatory Act of 1972 is not a prohibition upon the contractual
and associational powers granted by Article VII, Section 10 of the Illinois
Constitution.
(Source: P.A. 90-145, eff. 1-1-98; 90-481, eff. 8-17-97.)
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(65 ILCS 5/1-1-7.1) (from Ch. 24, par. 1-1-7.1)
Sec. 1-1-7.1.
Any municipality may establish community based committees
which shall consist of community leaders, and such committees shall coordinate
all State and federal economic programs except where otherwise prohibited
by federal law.
(Source: P.A. 84-1090.)
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(65 ILCS 5/1-1-8) (from Ch. 24, par. 1-1-8)
Sec. 1-1-8.
Whenever this Code requires or authorizes the submission of a
proposition or question to referendum, whether initiated by action of the
corporate authorities or by petition, upon such initiation, the proposition
or question shall be certified, in accordance with the general election
law, to the proper county clerks and boards of election commissioners.
Those election authorities shall submit the proposition or question to the
voters of the municipality, or to the voters of such other territory as are
entitled to vote thereon, at an election in accordance with the general
election law. Whenever this Code requires referendum approval by the voters
of any ordinance adopted by a municipality, and no specific procedure is
provided for initiating the referendum, the referendum shall be initiated
by the passage of such ordinance and shall be certified for the next
regular election in accordance with the general election law.
Whenever this Code requires or authorizes a special election to be held
for the purpose of filling a vacancy in office, the office and the
candidates therefor shall be similarly certified, in accordance with the
general election law.
Municipal clerks and clerks of the circuit court shall perform all
election duties, including certifications and publication of notices, in
connection with the conduct of elections of officers and referenda on the
submission of questions or propositions to referendum as provided in the
general election law.
(Source: P.A. 81-1489.)
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(65 ILCS 5/1-1-9) (from Ch. 24, par. 1-1-9)
Sec. 1-1-9.
If a municipality
which is a home rule unit under Section 6 of
Article VII of the Constitution by reason of having a population of more
than 25,000 suffers a loss in population so that its population
determined as provided in Section 1-7-2 is 25,000 or less, such
municipality shall continue to have the powers of a home rule unit until
it elects by referendum not to be a home rule unit.
Unless such a referendum is held sooner, or such a referendum has been
held within the 2 calendar years preceding the year in which the population
is determined to be 25,000 or less, the municipal clerk
shall certify for submission to the voters of the municipality at the next general
election following such determination of population, in the manner
provided by the general election law, the proposition of whether the municipality
shall elect
not to be a home rule unit.
(Source: P.A. 82-94.)
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(65 ILCS 5/1-1-10) (from Ch. 24, par. 1-1-10)
Sec. 1-1-10.
It is the policy of this State that all powers granted, either
expressly or by necessary implication, by this Code, by Illinois statute,
or by the Illinois Constitution to municipalities may be exercised
by those municipalities and the officers, employees, and agents of each,
notwithstanding effects on competition.
It is further the policy of this State that home rule municipalities and the officers, employees, and agents of each may
(1) exercise any power and perform any function pertaining to their government
and affairs or (2) exercise those powers within traditional areas of municipal
activity, except as limited by the Illinois Constitution or a proper limiting
statute, notwithstanding effects on competition.
It is the intention of the General Assembly that the "State action exemption"
to the application of federal antitrust statutes be fully available to
all municipalities and the agents, officers, and employees of each
to the extent they are exercising authority as aforesaid, including, but
not limited to, the provisions of Sections 6, 7, and 10 of Article VII of
the Illinois Constitution or the provisions of the following Illinois
statutes, as each is now in existence or may hereinafter be amended:
(a) The Illinois Local Library Act; Article 27 of the | ||
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(b) Divisions 1, 2, 3, 4, 5, and 6 of Article 7 of | ||
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(c) Any other Illinois statute or constitutional | ||
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The "State action exemption" for which provision is made by this Section
shall be liberally construed in favor of such municipalities and the
agents, employees, and officers thereof, and such exemption shall be
available notwithstanding that the action of the municipality or its
agents, officers, or employees
constitutes an irregular exercise of constitutional or statutory powers.
However, this exemption shall not apply where the action alleged to be in
violation of antitrust law exceeds either (1) powers granted, either
expressly or by necessary implication, by Illinois statute or the Illinois
Constitution or (2) powers granted to a home rule municipality to perform
any function pertaining to its government and affairs or to act within
traditional areas of municipal activity, except as limited by the Illinois
Constitution or a proper limiting statute.
Notwithstanding the foregoing, where it is alleged that a violation of
the antitrust laws has occurred, the relief available to the plaintiffs
shall be limited to an injunction which enjoins the alleged activity.
Nothing in this Section is intended to prohibit or limit any cause of
action other than under an antitrust theory.
(Source: P.A. 102-510, eff. 8-20-21; 102-558, eff. 8-20-21.)
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(65 ILCS 5/1-1-11) Sec. 1-1-11. Contractual assessments; renewable energy sources. A municipality may enter into voluntary agreements with the owners of property within the municipality to provide for contractual assessments to finance the installation of distributed generation renewable energy sources or energy efficiency improvements that are permanently fixed to real property.
(Source: P.A. 96-481, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(65 ILCS 5/1-1-12) Sec. 1-1-12. Americans with Disabilities Act coordinator; posting and publication. (a) Within 90 days after the effective date of this amendatory Act of the 96th General Assembly, each municipality that maintains a website must post on the municipality's website the following information: (1) the name, office address, and telephone number of | ||
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(2) the grievance procedures, if any, adopted by the | ||
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(b) If a municipality does not maintain a website, then the municipality must, within 90 days after the effective date of this amendatory Act of the 96th General Assembly, and at least once every other year thereafter, publish in either a newspaper of general circulation within the municipality or a newsletter published by the municipality and mailed to residents of the municipality the information required in item (1) of subsection (a) and either the information required in item (2) of subsection (a) or instructions for obtaining such information from the municipality. (c) No home rule municipality may adopt posting or publication requirements that are less restrictive than this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(Source: P.A. 96-650, eff. 1-1-10; 96-1000, eff. 7-2-10.) |
(65 ILCS 5/Art. 1 Div. 2 heading) DIVISION 2.
ORDINANCES
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(65 ILCS 5/1-2-1) (from Ch. 24, par. 1-2-1)
Sec. 1-2-1. The corporate authorities of each municipality may pass all
ordinances and make all rules and regulations proper or necessary, to carry
into effect the powers granted to municipalities, with such fines or
penalties as may be deemed proper. No fine or penalty, however, except
civil penalties provided for failure to make returns or to pay any taxes
levied by the municipality shall exceed $750 and no imprisonment
authorized
in Section 1-2-9 for failure to pay any fine, penalty or cost shall exceed
6 months for one offense.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a | ||
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(2) Perform some reasonable public service work such | ||
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A default in the payment of a fine or penalty or any installment of a fine or penalty may be collected by any means authorized for the collection of monetary judgments. The municipal attorney of the municipality in which the fine or penalty was imposed may retain attorneys and private collection agents for the purpose of collecting any default in payment of any fine or penalty or installment of that fine or penalty. Any fees or costs incurred by the municipality with respect to attorneys or private collection agents retained by the municipal attorney under this Section shall be charged to the offender.
A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program. (Source: P.A. 95-389, eff. 1-1-08; 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.1) (from Ch. 24, par. 1-2-1.1)
Sec. 1-2-1.1.
The corporate authorities of each municipality may pass
ordinances, not inconsistent with the criminal laws of this State, to
regulate any matter expressly within the authorized powers of the
municipality, or incidental thereto, making violation thereof a misdemeanor
punishable by incarceration in a penal institution other than the
penitentiary not to exceed 6 months. The municipality is authorized to
prosecute violations of penal ordinances enacted under this Section as
criminal offenses by its corporate attorney in the circuit court by an
information, or complaint sworn to, charging such offense. The prosecution
shall be under and conform to the rules of criminal procedure. Conviction
shall require the municipality to establish the guilt of the defendant
beyond reasonable doubt.
A penalty imposed for violation of an ordinance may include, or consist
of, a requirement that the defendant do one or both of the following: (1) Complete an education program, except that a | ||
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(2) Perform some reasonable public service work such | ||
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A low-income individual required to complete an education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required education program. This Section shall not apply to or affect ordinances now or hereafter
enacted pursuant to Sections 11-5-1, 11-5-2, 11-5-3, 11-5-4, 11-5-5,
11-5-6, 11-40-1, 11-40-2, 11-40-2a, 11-40-3, 11-80-9 and 11-80-16 of the
Illinois Municipal Code, as now or hereafter amended, nor to Sections
enacted after this 1969 amendment which replace or add to the Sections
herein enumerated, nor to ordinances now in force or hereafter enacted
pursuant to authority granted to local authorities by Section 11-208 of
"The Illinois Vehicle Code", approved September 29, 1969, as now or
hereafter amended.
(Source: P.A. 96-288, eff. 8-11-09.)
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(65 ILCS 5/1-2-1.2)
Sec. 1-2-1.2. Felony DUI prosecutions prohibited. (a) A unit of local government, including a home rule unit, may not enforce any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof if, based on the alleged facts of the case or the defendant's driving history or record, the offense charged would constitute a felony under Section 11-501 of the Illinois Vehicle Code, unless the State's Attorney rejects or denies felony charges for the conduct that comprises the charge. (b) A municipal attorney must (i) review the driving record of any defendant accused of violating any ordinance that prohibits driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and (ii) if the offense charged would constitute a felony under Section 11-501 of the Illinois Vehicle Code, notify the State's Attorney of the county of the felony charges. (c) This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
(65 ILCS 5/1-2-1.5) Sec. 1-2-1.5. Ordinances penalizing tenants who contact police or other emergency services prohibited. (a) Definitions. As used in this Section: "Contact" includes any communication made by a tenant, landlord, guest, neighbor, or other individual to police or other emergency services. "Criminal activity" means a violation of the Criminal Code of 2012, of the Cannabis Control Act, of the Illinois Controlled Substances Act, or of the Methamphetamine Control and Community Protection Act. "Disability" means, with respect to a person: (1) a physical or mental impairment which | ||
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(2) a record of having such an impairment; or (3) being regarded as having such an impairment, but | ||
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"Domestic violence", "landlord", "sexual violence", and "tenant" have the meanings provided under Section 10 of the Safe Homes Act. "Dwelling unit" has the meaning provided under subsection (a) of Section 15 of the Landlord and Tenant Act. "Penalizes" includes, but is not limited to: (1) assessment of fees or fines; (2) revocation, suspension, or nonrenewal of any | ||
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(3) termination or denial of a subsidized housing | ||
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(4) termination or nonrenewal of a residential lease | ||
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"Subsidized housing" has the meaning provided under subsection (a) of Section 9-119 of the Code of Civil Procedure. (b) Protection. (1) No municipality shall enact or enforce an | ||
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(A) contact made to police or other emergency | ||
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(B) an incident or incidents of actual or | ||
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(C) criminal activity or a local ordinance | ||
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(2) Nothing with respect to this Section: (A) limits | ||
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(c) Remedies. If a municipality enacts or enforces an ordinance or regulation against a tenant or landlord in violation of subsection (b), the tenant or landlord may bring a civil action to seek any one or more of the following remedies: (1) an order invalidating the ordinance or regulation | ||
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(2) compensatory damages; (3) reasonable attorney fees and court costs; or (4) other equitable relief as the court may deem | ||
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(d) Home rule. This Section is a denial and limitation of home rule powers and functions under subsection (g) of Section 6 of Article VII of the Illinois Constitution.
(Source: P.A. 99-441, eff. 11-29-15.) |
(65 ILCS 5/1-2-2) (from Ch. 24, par. 1-2-2)
Sec. 1-2-2.
The ordaining clause of ordinances in cities shall be:
"Be it
ordained, by the City Council of ....."
The ordaining clause of ordinances in villages shall be: "Be it ordained
by the President and Board of Trustees of the Village of ....."
Unless the charter of an incorporated town otherwise provides, the
ordaining clause of ordinances in incorporated towns shall conform as
nearly as possible to one of the forms specified in this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-3) (from Ch. 24, par. 1-2-3)
Sec. 1-2-3.
The mayor may appoint, by and with the advice and consent of
the city council, one or more competent persons to prepare and submit to
the city council, for adoption or rejection, an ordinance to revise the
city ordinances. The compensation for this revision shall be fixed by the
city council and paid out of the city treasury.
The corporate authorities of villages and incorporated towns have the
power conferred upon cities in the preceding paragraph of this section.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-3.1)
Sec. 1-2-3.1. Building codes. Beginning on the effective date of this
amendatory Act of
the 92nd General Assembly, any municipality with a population of less than
1,000,000 adopting a new building code or
amending an
existing building code must, at least 30 days before adopting the code or
amendment,
provide an identification of
the code, by title and edition, or the amendment for identification under Section 10.18 of the Capital Development Board Act.
For the purposes of this Section, "building code" means any ordinance,
resolution, law,
housing or building code, or zoning ordinance that establishes construction
related activities applicable to structures
in the municipality.
(Source: P.A. 99-639, eff. 7-28-16.)
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(65 ILCS 5/1-2-4) (from Ch. 24, par. 1-2-4)
Sec. 1-2-4.
All ordinances of cities, villages and incorporated towns
imposing any fine, penalty, imprisonment, or forfeiture, or making any
appropriation, shall (1) be printed or published in book or pamphlet
form, published by authority of the corporate authorities, or (2) be
published at least once, within 30 days after passage, in one or more
newspapers published in the municipality, or if no newspaper is
published therein, then in one or more newspapers with a general
circulation within the municipality. If there is an error in printing,
the publishing requirement of this Act shall be satisfied if those
portions of the ordinance that were erroneously printed are republished,
correctly, within 30 days after the original publication that contained the
error. The fact that an error occurred in publication shall not affect the
effective date of the ordinance so published. If the error in printing is not
corrected within 30 days after the date of the original publication that
contained the error, as provided in the preceding sentence, the corporate
authorities may by ordinance declare the ordinance that was erroneously
published to be nevertheless valid and in effect no sooner than
the tenth day after the date of the original publication, notwithstanding
the error in publication, and shall order the original ordinance to be
published once more within 30 days after the passage of the validating
ordinance. In municipalities with less than
500 population in which no newspaper is published, publication may
instead be made by posting a notice in 3 prominent places within the
municipality. An annual appropriation ordinance adopted under Section
8-2-9 shall take effect upon passage, but no other ordinance
described in this paragraph shall take effect until 10 days after it
is so published, except that an ordinance imposing a municipal
retailers' occupation tax adopted under Section 8-11-1, or a Tourism,
Convention and Other Special Events Promotion Tax adopted under Section
8-3-13, or effecting a change in the rate thereof shall take effect on
the first day of the month next following the expiration of the 30 day
publication period. However, ordinances establishing rules and
regulations for the construction of buildings or any part thereof, or
for the development or operation of camps accommodating persons in house
trailers, house cars, cabins or tents, where such rules and regulations
have been previously printed in book or pamphlet form, may by their
terms provide for the adoption of such rules and regulations or portions
thereof by reference thereto without further printing, or publication,
if not less than one copy of such rules and regulations in
book or
pamphlet form has been filed in the office of the clerk of the
municipality for use and examination by the public at least 30 days
prior to the adoption thereof.
All other ordinances, resolutions and motions, shall take effect upon
their passage unless they otherwise provide.
This Section applies to incorporated towns even if the Section's
provisions are in conflict with the charters of such incorporated towns.
Anything in this Section to the contrary notwithstanding, any
ordinance which contains a statement of its urgency in the preamble or
body thereof, other than an ordinance adopted under Article 8 of this
Code, may take effect immediately upon its passage provided that the
corporate authorities, by a vote of 2/3 of all the members then holding
office, so direct. The decision of the corporate authorities as to the
urgency of any ordinance shall not be subject to judicial review except
for an abuse of discretion.
(Source: P.A. 89-266, eff. 1-1-96.)
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(65 ILCS 5/1-2-5) (from Ch. 24, par. 1-2-5)
Sec. 1-2-5.
The municipal clerk shall record, in a book used exclusively
for that purpose, all ordinances passed by the corporate authorities.
Immediately following each ordinance the municipal clerk shall make a
memorandum of the date of the passage and of the publication or posting,
where required, of the ordinance. This record and memorandum, or a
certified copy thereof, shall be prima facie evidence of the contents,
passage, and of the publication or posting of ordinances.
This section shall not apply to cities with a population of 500,000 or
more.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-6) (from Ch. 24, par. 1-2-6)
Sec. 1-2-6.
The contents of all municipal ordinances, the date of passage,
and the date of publication or posting, where required, may be proved by
the certificate of the municipal clerk, under the seal of the corporation.
Whenever municipal ordinances are printed in book or pamphlet form, and
purport to be published by authority of the corporate authorities, such
book or pamphlet shall be prima facie evidence of the contents, passage,
and legal publication of such ordinances, as of the dates mentioned in such
book or pamphlet, in all courts and administrative tribunals.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-7) (from Ch. 24, par. 1-2-7)
Sec. 1-2-7.
All actions brought to enforce any fine, imprisonment, penalty,
or forfeiture under any ordinance of any municipality, shall be brought in
the corporate name of the municipality, as plaintiff. No prosecution,
recovery, conviction, or acquittal, for the violation of any ordinance,
shall constitute a defense to any other prosecution of the same party for
any other violation of the same or any other ordinance, although the
different causes of action existed at the same time, and, if united, would
not have exceeded the jurisdiction of the court.
(Source: P.A. 77-1295.)
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(65 ILCS 5/1-2-8) (from Ch. 24, par. 1-2-8)
Sec. 1-2-8.
All fines, penalties, and forfeitures for the violation of
ordinances, when collected, and all other money collected for a
municipality shall be paid into the treasury of the municipality, at such
times and in such manner as may be prescribed by ordinance.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-2-9) (from Ch. 24, par. 1-2-9)
Sec. 1-2-9.
Except as provided in Section 1-2-9.1 of this Act, in all
actions for the violation of any municipal
ordinance, the first process shall be a summons or a warrant. A warrant
for the arrest of an accused person may issue upon the affidavit of any
person that an ordinance has been violated, and that the person making
the complaint has reasonable grounds to believe that the party charged
is guilty thereof. Every person arrested upon a warrant, without
unnecessary delay, shall be taken before the proper officer for trial.
(Source: P.A. 81-704.)
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(65 ILCS 5/1-2-9.1) (from Ch. 24, par. 1-2-9.1)
Sec. 1-2-9.1.
Service by certified mail.
In all actions for violation
of any municipal ordinance where the fine would not be in excess of
$750 and no jail term could be imposed, service of summons may
be made by the city clerk by certified mail, return receipt requested,
whether service is to be within or without the State.
(Source: P.A. 89-63, eff. 6-30-95.)
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(65 ILCS 5/1-2-9.2) (from Ch. 24, par. 1-2-9.2)
Sec. 1-2-9.2.
Service of notice of violation of ordinance governing
parking or standing of vehicles in cities with a population over 500,000.
In cities with a population over 500,000, the
notice of violation of an ordinance governing the parking or standing of
vehicles is the summons and complaint for purposes of the Code of Civil
Procedure, as now or hereafter amended.
A police officer, parking enforcement aide, or other person authorized by
ordinance to issue a notice of a vehicle parking or standing violation
complaint may serve the
summons and complaint for a vehicle parking or standing violation by
affixing the original or a
facsimile thereof to an unlawfully parked or standing vehicle or by handing the notice
to the operator of the vehicle if the operator is present.
This Section is not intended to change the law in
effect before the effective date of this amendatory Act of 1989, but is
intended to clarify existing law. The service of a summons and
complaint in accordance with this Section is legally
sufficient regardless of whether service was made before, on, or
after the effective date of this amendatory Act of 1989.
(Source: P.A. 86-947.)
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(65 ILCS 5/1-2-11) (from Ch. 24, par. 1-2-11)
Sec. 1-2-11.
(a) A sheriff may serve any process or make any arrest in a
municipality or a part of a municipality located in the county in which the
sheriff was elected that any officer of that municipality is authorized to
make under this Code or any ordinance passed under this Code.
(b) Police officers may serve summons for violations of ordinances
occurring within their municipalities. In municipalities with a population of 1,000,000 or more, active duty or retired police officers may serve summons for violations of ordinances
occurring within their municipalities.
(c) In addition to the powers
stated in Section 8.1a of the Housing Authorities Act, in counties with a
population of 3,000,000 or more inhabitants, members of a housing
authority police force may serve process for eviction
actions commenced by that housing authority and may execute eviction orders for that housing authority.
(Source: P.A. 100-173, eff. 1-1-18.)
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(65 ILCS 5/1-2-12) (from Ch. 24, par. 1-2-12)
Sec. 1-2-12.
Any person incarcerated on a charge of violating a bailable
municipal ordinance who does not supply bail and against whom a fine is
levied upon conviction of such offense, shall be allowed a credit of $2.00
for each day so incarcerated prior to conviction, but such credit shall not
exceed the amount of the fine levied.
(Source: Laws 1961, p. 2428.)
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(65 ILCS 5/1-2-12.1) Sec. 1-2-12.1. (Repealed). (Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed internally, eff. 1-1-23.) |
(65 ILCS 5/Art. 1 Div. 2.1 heading) DIVISION 2.1.
ADMINISTRATIVE ADJUDICATIONS
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(65 ILCS 5/1-2.1-1)
Sec. 1-2.1-1. Applicability. This Division 2.1 applies to
municipalities that are home rule units and to non-home rule municipalities that adopt the provisions of this Division.
(Source: P.A. 103-260, eff. 1-1-24.)
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(65 ILCS 5/1-2.1-2)
Sec. 1-2.1-2.
Administrative adjudication of municipal code violations.
Any municipality may provide by ordinance for a system of administrative
adjudication of municipal code violations to the extent permitted by the
Illinois Constitution. A
"system of administrative adjudication" means the adjudication of any violation
of
a municipal
ordinance, except
for (i) proceedings not within the statutory or the home rule authority of
municipalities; and (ii) any offense under the Illinois Vehicle Code or a
similar offense that is a
traffic regulation governing the movement of vehicles and except for any
reportable offense under Section 6-204 of the Illinois Vehicle Code.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-3)
Sec. 1-2.1-3.
Administrative adjudication procedures not exclusive.
The
adoption by a municipality of a system of administrative adjudication does not
preclude the municipality from using other methods to enforce municipal
ordinances.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-4)
Sec. 1-2.1-4. Code hearing units; powers of hearing officers.
(a) An ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall provide for a code hearing unit within an
existing agency or as a separate agency in the municipal government. The
ordinance shall establish the jurisdiction of a code hearing unit that is
consistent with this Division. The "jurisdiction" of a code hearing unit
refers to the particular code violations that it may adjudicate.
(b) Adjudicatory hearings shall be presided over by hearing officers. The
powers and duties of a hearing officer shall include:
(1) hearing testimony and accepting evidence that is | ||
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(2) issuing subpoenas directing witnesses to appear | ||
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(3) preserving and authenticating the record of the | ||
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(4) issuing a determination, based on the evidence | ||
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(5) imposing penalties consistent with applicable | ||
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(c) Prior to conducting administrative adjudication proceedings,
administrative hearing officers shall have successfully completed a formal
training program which includes the following:
(1) instruction on the rules of procedure of the | ||
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(2) orientation to each subject area of the code | ||
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(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including | ||
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In addition, every administrative hearing officer must
be an attorney licensed to practice law in
the State of Illinois for at least 3 years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of this subsection.
(d) A proceeding before a code hearing unit shall be instituted upon the
filing of a written pleading by an authorized official of the municipality.
(Source: P.A. 102-65, eff. 7-9-21.)
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(65 ILCS 5/1-2.1-5)
Sec. 1-2.1-5. Administrative hearing proceedings.
(a) Any ordinance establishing a system of administrative adjudication,
pursuant to this Division, shall afford parties due process of law, including
notice and opportunity for hearing. Parties shall be served with process in a
manner reasonably calculated to give them actual notice, including, as
appropriate, personal service of process upon a party or its employees or
agents;
service by mail at a party's address; or notice that is posted upon the
property where the violation is found when the party is the owner or manager of
the property.
In municipalities with a population under 3,000,000, if the notice 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
respondent.
(b) Parties shall be given notice of an adjudicatory hearing which includes
the type and nature of the code violation to be adjudicated, the date and
location of the adjudicatory hearing, the legal authority and jurisdiction
under which the hearing is to be held, and the penalties for failure to appear
at the hearing.
(c) Parties shall be provided with an opportunity for a hearing during which
they may be represented by counsel, present witnesses, and cross-examine
opposing witnesses. Parties may request the hearing officer to issue subpoenas
to direct the attendance and testimony of relevant witnesses and the production
of relevant documents. Hearings shall be scheduled with reasonable promptness,
provided that for hearings scheduled in all non-emergency situations, if
requested
by the defendant, the defendant shall have at least 15
days after service of process to prepare for a hearing.
For purposes of this subsection (c), "non-emergency situation" means any
situation that does not reasonably constitute a threat to the public
interest, safety, or welfare. If service is provided by mail, the 15-day
period shall begin to run on the day that the notice is deposited in the
mail.
(Source: P.A. 94-616, eff. 1-1-06.)
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(65 ILCS 5/1-2.1-6)
Sec. 1-2.1-6.
Rules of evidence shall not govern.
The formal and
technical rules of evidence do not apply in an adjudicatory hearing permitted
under this Division. Evidence, including hearsay, may be admitted only if it
is of a type commonly relied upon by reasonably prudent persons in the conduct
of their affairs.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-7)
Sec. 1-2.1-7.
Judicial review.
Any final decision by a code hearing unit
that a code violation does or does not exist
shall constitute a final determination for purposes of judicial review and
shall be subject to review under
the Illinois Administrative Review Law.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-8)
Sec. 1-2.1-8.
Enforcement of judgment.
(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 Illinois Administrative
Review Law are a debt due and owing the municipality and may be collected in
accordance with applicable law.
(b) After expiration of the period in which judicial review under the
Illinois Administrative Review Law may be sought for a final determination of a
code violation, unless stayed by a court of competent jurisdiction, the
findings, decision, and order of the hearing officer may be enforced in the
same manner as a judgment entered by a court of competent jurisdiction.
(c) In any case in which a defendant has failed
to comply with a judgment ordering a defendant to correct a code violation or
imposing any fine or other sanction as a result of a code violation, any
expenses incurred by a municipality to enforce the judgment, including, but not
limited to, attorney's fees, court costs, and costs related to property
demolition or foreclosure, after they are fixed by a court of competent
jurisdiction or a hearing officer, shall be
a debt due and owing the municipality and may be collected in accordance with
applicable law.
Prior to any expenses being fixed by a hearing officer pursuant to this
subsection (c), the municipality shall provide notice to the defendant that
states that the defendant shall appear at a hearing before the administrative
hearing officer to determine whether the defendant has failed to comply with
the judgment. The notice shall set the date for such a hearing, which shall
not be less than 7 days from the date that notice is served. If notice is
served by mail, the 7-day period shall begin to run on the date that the notice
was deposited in the mail.
(d) Upon being recorded in the manner required by Article XII of the Code of
Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on
the
real estate or personal estate, or both,
of the defendant in the amount of any debt due and owing the municipality under
this Section. The lien may be enforced in the same manner as a
judgment lien pursuant to a judgment of a court of
competent jurisdiction.
(e) A hearing officer may set aside any judgment entered by default and set
a new hearing date, upon a petition filed within 21 days after the issuance of
the
order of default, if the hearing officer determines that the petitioner's
failure to appear at the hearing was for good cause or at any time if the
petitioner establishes that the municipality did not provide proper service of
process.
If any judgment is set aside pursuant to this subsection (e), the hearing
officer shall have authority to enter an order extinguishing any lien which has
been recorded for any debt due and owing the municipality as a result of the
vacated default judgment.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-9)
Sec. 1-2.1-9.
Impact on existing administrative adjudication systems.
This
Division shall not affect the validity of systems of administrative
adjudication that were authorized by State law, including home rule authority,
and in existence prior to the effective date of this amendatory Act of 1997.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/1-2.1-10)
Sec. 1-2.1-10.
Impact on home rule authority.
This Division shall not
preempt municipalities from adopting other systems of administrative
adjudication pursuant to their home rule powers.
(Source: P.A. 90-516, eff. 1-1-98.)
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(65 ILCS 5/Art. 1 Div. 2.2 heading) DIVISION 2.2.
CODE HEARING DEPARTMENTS
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(65 ILCS 5/1-2.2-1)
Sec. 1-2.2-1. Applicability. This Division 2.2 applies only to
municipalities
that are non-home
rule units. Nothing in this Division 2.2 allows a non-home rule municipality
to pursue any remedies not
otherwise authorized by statute. A non-home rule municipality may adopt a code hearing unit under Division 2.1 instead of this Division.
(Source: P.A. 103-260, eff. 1-1-24.)
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(65 ILCS 5/1-2.2-5)
Sec. 1-2.2-5.
Definitions.
As used in this Division, unless the context
requires otherwise:
"Code" means any municipal ordinance except for (i) building code violations
that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act
and (ii) any offense under the
Illinois Vehicle
Code or a similar offense that is a traffic regulation governing the movement
of vehicles and except for
any reportable offense under Section 6-204 of the Illinois Vehicle Code.
"Hearing officer" means a municipal employee or an officer or agent of a
municipality, other
than a law enforcement officer, whose duty it is to:
(1) preside at an administrative hearing called to determine whether or
not a code violation
exists;
(2) hear testimony and accept evidence from all interested parties
relevant to the existence of a
code violation;
(3) preserve and authenticate the transcript and record of the hearing and
all exhibits and
evidence introduced at the hearing; and
(4) issue and sign a written finding, decision, and order stating whether
a
code violation exists.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-10)
Sec. 1-2.2-10.
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.
The code hearing department may adjudicate any violation of a municipal
ordinance except for (i) building code violations that must be adjudicated
pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under
the Illinois Vehicle Code or similar offense that is a traffic regulation
governing the movement of vehicles and except for any reportable offense under
Section 6-204 of the Illinois Vehicle Code.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-15)
Sec. 1-2.2-15.
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. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-20)
Sec. 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
she
shall note the violation on a
multiple copy violation notice and report form that indicates (i) the name and
address
of the defendant, (ii) the
type and nature of the violation, (iii) the date and time the violation was
observed,
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
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.
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
code hearing
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
respondent.
(Source: P.A. 94-616, eff. 1-1-06; 95-1016, eff. 6-1-09.)
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(65 ILCS 5/1-2.2-25)
Sec. 1-2.2-25.
Subpoenas; defaults.
At any time prior to the hearing date,
the hearing officer
assigned to hear the case may, at the request of either party, direct witnesses
to appear and give
testimony at the hearing. If on the date set for hearing the defendant or his
or her attorney fails to appear, the
hearing officer may find the defendant in default and shall proceed with the
hearing and accept evidence
relevant to the existence of a code violation.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-30)
Sec. 1-2.2-30.
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 defendant. 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 an attorney
designated by the municipality
or by any other municipal employee, except that the case for
the municipality shall not be
presented by an employee of the code hearing department. The case for the
defendant may be
presented by the defendant, his or her attorney, or any other agent or
representative of the defendant.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-35)
Sec. 1-2.2-35.
Hearing; evidence.
At the hearing a hearing officer shall
preside, shall hear
testimony, and shall accept any evidence relevant to the existence or
non-existence of
a code violation. The
strict rules of evidence applicable to judicial proceedings shall not apply to
hearings authorized by this
Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-40)
Sec. 1-2.2-40.
Qualifications of hearing officers.
Prior to conducting
proceedings under this
Division, hearing officers shall successfully complete a formal training
program that includes the
following:
(1) instruction on the rules of procedure of the hearing that they will
conduct;
(2) orientation to each subject area of the code violations that they will
administer;
(3) observation of administrative hearings; and
(4) participation in hypothetical cases, including rules on evidence and
issuing final orders.
In addition, every hearing officer must be an attorney licensed to practice
law
in the State of
Illinois for at least 3 years.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-45)
Sec. 1-2.2-45.
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 as to 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 (i) the hearing
officer's
findings of fact; (ii) a decision
of whether or not a code violation exists based upon the findings of fact; and
(iii) an
order that states the sanction
or dismisses the case if a violation is not proved.
A monetary sanction for a
violation under this Division shall not exceed the amount provided for in
Section 1-2-1
of this Act. A copy of
the findings, decision, and order shall be served on the defendant within 5
days after it is issued.
Service shall be in the same manner that the report form and summons are served
under Section 1-2.2-20 of this Division. 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. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-50)
Sec. 1-2.2-50.
Review under Administrative Review Law.
The findings,
decision, and order of the
hearing officer shall be subject to review in the circuit court of the county
in which the municipality is
located. The provisions of the Administrative Review Law,
and the rules adopted pursuant thereto, shall apply to
and govern every action
for the judicial review of the findings, decision, and order of a hearing
officer under this Division.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/1-2.2-55)
Sec. 1-2.2-55. Judgment on findings, decision, and 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 in which the municipality is
located
for purpose 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
for 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
$2,500. 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 defendant 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 any other orders and | ||
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(c) In place of a proceeding under subsection (b) of this Section, after expiration of the period in which judicial review under the Illinois Administrative Review Law may be sought for a final determination of a code violation, unless stayed by a court of competent jurisdiction, the findings, decision, and order of the hearing officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. In any case in which a defendant has failed to comply with a judgment ordering a defendant to correct a code violation or imposing any fine or other sanction as a result of a code violation, any expenses incurred by a municipality to enforce the judgment, including, but not limited to, attorney's fees, court costs, and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or a hearing officer, shall be a debt due and owing the municipality and may be collected in accordance with applicable law. Prior to any expenses being fixed by a hearing officer pursuant to this subsection (c), the municipality shall provide notice to the defendant that states that the defendant shall appear at a hearing before the administrative hearing officer to determine whether the defendant has failed to comply with the judgment. The notice shall set the date for such a hearing, which shall not be less than 7 days from the date that notice is served. If notice is served by mail, the 7-day period shall begin to run on the date that the notice was deposited in the mail. Upon being recorded in the manner required by Article XII of the Code of Civil Procedure or by the Uniform Commercial Code, a lien shall be imposed on the real estate or personal estate, or both, of the defendant in the amount of any debt due and owing the municipality under this Section. The lien may be enforced in the same manner as a judgment lien pursuant to a judgment of a court of competent jurisdiction. A hearing officer may set aside any judgment entered by default and set a new hearing date, upon a petition filed within 21 days after the issuance of the order of default, if the hearing officer determines that the petitioner's failure to appear at the hearing was for good cause or at any time if the petitioner establishes that the municipality did not provide proper service of process. If any judgment is set aside pursuant to this subsection (c), the hearing officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the municipality as a result of the vacated default judgment. (Source: P.A. 99-293, eff. 8-6-15.)
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(65 ILCS 5/1-2.2-60)
Sec. 1-2.2-60.
Adoption of Division by municipality.
This Division may be
adopted by a non-home rule municipality by incorporating the provisions of this
Division in an
ordinance and by passing and
publishing the ordinance in the manner provided in Division 2 of Article 1 of
this Act.
(Source: P.A. 90-777, eff. 1-1-99.)
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(65 ILCS 5/Art. 1 Div. 3 heading) DIVISION 3.
INCORPORATION BY REFERENCE
OF CERTAIN CONSTRUCTION
REGULATIONS
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(65 ILCS 5/1-3-1) (from Ch. 24, par. 1-3-1)
Sec. 1-3-1.
As used in the text of this Division 3, the following terms
shall have the meanings indicated as follows, unless the context otherwise
requires:
(a) "Municipality" means any city, village or incorporated town having
power to legislate on the subject matters mentioned in this Code;
(b) "Regulations" means any published compilation of rules and
regulations which have been prepared by nationally recognized technical
trade or service associations and shall include specifically, building
codes; plumbing codes; electrical wiring codes; fire prevention codes;
codes for the slaughtering, processing, and selling of meats and meat
products for human consumption; codes for the production, pasteurizing and
sale of milk and milk products;
(c) "Public record" means any municipal, state, or federal statute,
rule, or regulation and any ordinance or resolution of the county in which
the municipality is located, adopted prior to the exercise by any
municipality of the authority to incorporate by reference herein granted;
however, this definition shall not include the municipal ordinances, rules
or regulations of any municipality except those of the municipality which
is exercising the right to incorporate by reference, nor shall this
definition include the state laws, rules, or regulations of any state other
than the State of Illinois;
(d) "Published" means printed, lithographed, multigraphed, mimeographed,
or otherwise reproduced.
(Source: P.A. 76-111.)
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(65 ILCS 5/1-3-2) (from Ch. 24, par. 1-3-2)
Sec. 1-3-2.
Adoption by reference; regulations and public records.
A municipality may adopt by
reference, as
criteria for the issuance of construction, reconstruction, alteration, or
installation permits, all or part of the provisions of regulations without setting forth those
provisions in full if at least one copy of those regulations is filed in the office of
the clerk of the municipality and is kept available for public
use,
inspection, and examination. A municipality may
likewise adopt by reference the provisions of public records if
at least 3 copies of the public record are
filed with and kept on file in
the office of the clerk of the municipality as provided for
regulations. The filing requirement is not
deemed
to be complied with unless the required copy of the regulations or copies of
the public record are filed with the
clerk of the municipality for a period of
30 days before the adoption of the ordinance that incorporates the
regulations or public record by reference. Regulations or a public record
of a jurisdiction other than the State of Illinois may not be adopted by
reference covering any subject matter
for which standards are available in
any public record of the State of Illinois.
(Source: P.A. 89-266, eff. 1-1-96.)
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(65 ILCS 5/1-3-2a) (from Ch. 24, par. 1-3-2a)
Sec. 1-3-2a.
Any municipality is authorized to adopt by reference the county
subdivision code of the county wherein such municipality is situated,
without setting forth the provisions of such code in full, provided that at
least 3 copies of such code which is incorporated or adopted by reference
are filed in the office of the clerk of the municipality at least 15 days
prior to adoption of the ordinance which incorporates such code by
reference and there kept available for public use, inspection and
examination.
(Source: P.A. 76-105.)
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(65 ILCS 5/1-3-3) (from Ch. 24, par. 1-3-3)
Sec. 1-3-3.
Nothing contained in this Division 3 shall be deemed to relieve
any municipality from the requirement of publishing the ordinance in full
which adopts such regulations or public record by reference, and all
provisions applicable to such publication shall be fully and completely
carried out as if no regulations or public record was incorporated therein.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-4) (from Ch. 24, par. 1-3-4)
Sec. 1-3-4.
Nothing contained in this Division 3 shall be deemed to permit
the adoption of the penalty clauses by reference which may be established
in the regulations or public record which is being incorporated by
reference, and such penalty clauses shall be set forth in full in the
adopting ordinance and be published along with and in the same manner as
the adopting ordinance is required to be published.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-5) (from Ch. 24, par. 1-3-5)
Sec. 1-3-5.
Any amendment which may be made to any regulations or public
record incorporated by reference by a municipality hereunder, may be
likewise adopted by reference provided that the required number of amended
or corrected copies are filed with the clerk of such municipality for
inspection, use, and examination by the public. Ordinances adopting
amendments by reference shall be required to be published as any other
ordinances of the municipality and the requirement as to prior filing
before passage shall apply likewise to amendments.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-3-6) (from Ch. 24, par. 1-3-6)
Sec. 1-3-6.
Any municipality which has heretofore enacted a regulation or
public record by reference thereto shall not be required to re-enact such
regulation or public record by reason of this Division 3, and all previous
incorporations by reference which would have been valid if this Division 3
had then been in effect, are hereby ratified and declared effective,
provided, however, that the requisite number of copies are forthwith filed
with the clerk of such municipality, if they have not already been so
filed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 4 heading) DIVISION 4.
ACTIONS AGAINST AND
LIABILITIES OF MUNICIPALITIES
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(65 ILCS 5/1-4-5) (from Ch. 24, par. 1-4-5)
Sec. 1-4-5.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of 500,000 or over, while the member is engaged in the
performance of his or her duties as a police officer,
and without the contributory
negligence of the injured person or the owner of the injured property, or
the agent or servant of the injured person or owner, the municipality in
whose behalf the member of the municipal police department is performing
his or her duties as a police officer shall indemnify
the police officer for any judgment
recovered against him or her as the result of such injury, except where
the injury results from the wilful misconduct of the police officer.
A municipality, which is not otherwise required to indemnify
pursuant to this Section, may indemnify a police officer
for any judgment recovered against him or her for injuries
sustained as a result of the police officer's performance
of his duties as a police officer.
For the purposes of this section no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such police officer to assist in
arresting or securing an offender is killed or injured or his or her
property or that of his or her employer is damaged and such death, injury
or damage arises out of and in the course of aiding such police officer in
arresting or endeavoring to arrest a person or retaking or endeavoring to
retake a person who has escaped from legal custody, the person or employer
so injured or whose property is so damaged or the personal representatives
of the person so killed shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
(Source: P.A. 84-551.)
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(65 ILCS 5/1-4-6) (from Ch. 24, par. 1-4-6)
Sec. 1-4-6.
In case any injury to the person or property of another is
caused by a member of the police department of a municipality having a
population of less than 500,000 while the member is engaged in the
performance of his or her duties as a police officer, and without the
contributory negligence of the injured person or the owner of the injured
property, or the agent or servant of the injured person or owner, the
municipality in whose behalf the member of the municipal police department
is performing his or her duties as police officer shall indemnify the
police officer for any judgment recovered against him or her as the result
of such injury, except where the injury results from the wilful misconduct
of the police officer, to the extent of not to exceed $1,000,000 including costs of the action. Any police officer, or any person
who, at the time of performing such an act complained of, was a police officer,
who is made a party defendant to any such action shall, within 10 days of
service of process upon him or her, notify the municipality by whom he or she
is or was employed, of the fact that the action has been instituted, and that
he or she has been made a party defendant to the same. Such notice shall be in
writing, and shall be filed in the office of the city attorney or corporation
counsel, if there is a city attorney or corporation counsel, and also in
the office of the municipal clerk, either by himself, his or her agent,
or attorney. The notice shall state in substance, that such police officer,
(naming him or her), has been served with process and
made a party defendant to an action wherein it is claimed that a person
has suffered injury to his or her person or property caused by such
police officer; stating the title and number of the case;
the court wherein the same is pending; and the date such police officer
was served with process in such action, and made a party defendant
thereto. The municipality which is or may be liable to indemnify the police
officer shall have the right to intervene in the suit against
the police officer, and shall be permitted to appear and defend.
The duty of the city to indemnify any such
policeman for any judgment recovered against him shall be conditioned upon
receiving notice of the filing of any such action in the manner and form
hereinabove described.
For the purposes of this Section, no civilian defense worker, nor any
member of any agency engaged in any civilian defense activity, performing
services as a part of any civilian defense program, shall be considered to
be a member of a municipal police department.
If any person in obeying the command of any such policeman to assist in
arresting or securing an offender is killed or injured, or his or her property
or that of his or her employer is damaged, and such death, injury or damage
arises out of and in the course of aiding such policeman in arresting, or
endeavoring to arrest, a person or retaking or endeavoring to re-take a
person who has escaped from legal custody, the person or employer so
injured, or whose property is so damaged, or the personal representatives
of the person so killed, shall have a cause of action to recover the amount
of such damage or injury against the municipal corporation by which such
police officer is employed at the time such command is obeyed.
If a police officer is acting within a municipality other than his or her
employing municipality under an agreement pursuant to Section 11-1-2.1, the
liability or obligation to indemnify imposed by this Section does not
extend to both municipalities. Only that municipality designated by the
agreement is subject to such liability or obligation to indemnify, but, if
the agreement is silent as to such liability or obligation, then the
municipality by which the police officer is employed is subject to such
liability or obligation.
If a police officer is acting within a municipality other than his or her
employing municipality under the provisions of Section 1-4-8, the liability or
obligation to indemnify imposed by this Section shall be the liability or
obligation of the requesting municipality only. The notice required in this
Section 1-4-6 shall be given to the municipality in which he was acting if
other than his employing municipality.
(Source: P.A. 92-810, eff. 8-21-02.)
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(65 ILCS 5/1-4-7) (from Ch. 24, par. 1-4-7)
Sec. 1-4-7.
The municipality shall be liable for any injury occasioned by
actionable wrong to property by the removal, destruction or vacation, in
whole or in part, of any unsafe or unsanitary building, by any municipal
officer, board or employee charged with authority to order or execute such
removal, destruction or vacation, if such removal, destruction or vacation
is pursuant to valid statutes, ordinances or regulations, and if such
officer, board or employee has acted in good faith, with reasonable care
and probable cause.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-4-8) (from Ch. 24, par. 1-4-8)
Sec. 1-4-8.
In addition to the powers of the police of any municipality
under Section 7-4-8 of this Act, the corporate authorities of any
municipality under 500,000 population may request of any other such
municipality or municipalities its police and police department equipment,
and any such requested municipality may furnish its policemen and police
department equipment, to aid the requesting municipality in suppressing or
attempting to suppress, any mob action, riot or civil disturbance occurring
within the requesting municipality, to preserve the peace, and to protect
the lives, rights and property of citizens, regardless of whether any
mutual assistance agreement exists under Section 11-1-2.1 of this Act.
Any municipality requesting and receiving such assistance from another
jurisdiction shall be liable or obligated to indemnify the furnishing
police department for any of its equipment damaged or destroyed, and the
individual policemen so furnished for any material damage to property,
injury to his person or on account of his death, resulting from the
unlawful activities performed or caused by the mob action, riot or civil
disturbance, being or attempted to be suppressed by the requesting
municipality.
Municipalities requesting police assistance under this Section shall
also be liable for any liability or obligation to indemnify the furnished
policeman, their legal representatives in case of death, or the furnishing
municipality or police department, as the case may be, for any liability or
obligation to indemnify created by Section 1-4-5 and 1-4-6 which may occur
as a result of any police assistance furnished under this Section.
Policemen furnished to other municipalities under this Section have all
the powers of the police officers of the requesting municipality and are
subject to the direction of the chief of police of the requesting
municipality; however, they shall retain all their pension and disability
rights while so furnished and working outside of their police district or
territory.
The corporate authorities of any municipality included in this Section
may contract to procure necessary liability insurance to cover any
liability created or imposed by this Section.
(Source: Laws 1968, p. 26.)
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(65 ILCS 5/Art. 1 Div. 5 heading) DIVISION 5.
TAXPAYER SUITS
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(65 ILCS 5/1-5-1) (from Ch. 24, par. 1-5-1)
Sec. 1-5-1.
A suit may be brought by any taxpayer, in the name and for the
benefit of the municipality, against any person to recover any money or
property belonging to the municipality, or for any money which may have
been paid, expended, or released without authority of law. But such a
taxpayer shall file a bond for all costs, and shall be liable for all costs
in case the municipality is defeated in the suit, and judgment shall be
rendered accordingly.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 6 heading) DIVISION 6.
COMPETENCY OF MUNICIPAL
INHABITANTS TO SERVE AS JUDGE OR JUROR
(Heading amended by P.A. 79-1361)
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(65 ILCS 5/1-6-1) (from Ch. 24, par. 1-6-1)
Sec. 1-6-1.
No person shall be incompetent to serve as judge or juror by
reason of his or her being an inhabitant or owner or life tenant in
real estate in a municipality, in any action or proceeding in which that
municipality may be a party in interest.
(Source: P.A. 84-551.)
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(65 ILCS 5/Art. 1 Div. 7 heading) DIVISION 7.
CENSUS PROVISIONS
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(65 ILCS 5/1-7-1) (from Ch. 24, par. 1-7-1)
Sec. 1-7-1.
The corporate authorities of each municipality may provide for
the taking of a municipal census, not oftener than once each year provided
such census is conducted by the Federal Government.
(Source: P.A. 76-985.)
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(65 ILCS 5/1-7-2) (from Ch. 24, par. 1-7-2)
Sec. 1-7-2. Whenever in this Code any provision thereof is based upon the
number of inhabitants, the number of inhabitants of the municipality shall
be determined by reference to the latest census taken by authority of the
United States or this state, or of that municipality. It is the duty of the
Secretary of State, upon the publication of any state or United States
census or the certification of any municipal census referenced under Section 1-7-1, to certify to each municipality the number of inhabitants, as shown
by that census. In the event that a partial census is conducted pursuant to Section 1-7-1, the Secretary of State shall certify the total number of inhabitants of the municipality as the number reflected by the last complete census of the municipality adjusted by the net increase or decrease reflected by the partial census. And the several courts in this state shall take judicial
notice of the population of any municipality, as the population appears
from the latest federal, state, or municipal census so taken, certified, and adjusted.
(Source: P.A. 96-372, eff. 8-13-09.)
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(65 ILCS 5/Art. 1 Div. 8 heading) DIVISION 8.
MEMBERSHIP IN ILLINOIS
MUNICIPAL LEAGUE
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(65 ILCS 5/1-8-1) (from Ch. 24, par. 1-8-1)
Sec. 1-8-1.
The corporate authorities of each municipality may provide for
joining the municipality in membership in the Illinois Municipal League, an
unincorporated, nonprofit, nonpolitical association of Illinois cities,
villages and incorporated towns and may provide for the payment of annual
membership dues and fees. The member cities, villages and incorporated
towns acting by, through and in the name of such instrumentality may
provide and disseminate information and research services, and may do all
other acts for the purpose of improving local government.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/Art. 1 Div. 9 heading) DIVISION 9.
CUMULATIVE EFFECT, SAVINGS
CLAUSES, REPEAL, OTHER PROVISIONS
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(65 ILCS 5/1-9-1) (from Ch. 24, par. 1-9-1)
Sec. 1-9-1.
The provisions of this Code shall be cumulative in effect and
if any provision is inconsistent with another provision of this Code or
with any other Act not expressly repealed by Section 1-9-8, it shall be
considered as an alternative or additional power and not as a limitation
upon any other power granted to or possessed by municipalities. But the
provisions of this Code shall not be considered as impairing, altering,
modifying, or repealing any of the jurisdiction or powers possessed by any
department, board, commission, or officer of the state government
immediately prior to the effective date of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-2) (from Ch. 24, par. 1-9-2)
Sec. 1-9-2.
The repeal of the acts or parts thereof specified in Section
1-9-8 shall not (1) affect suits pending or rights existing immediately
prior to the effective date of this Code; (2) impair, avoid, or affect any
grant or conveyance made or right acquired or cause of action now existing
under any such repealed act or amendment thereto; or (3) affect or impair
the validity of any bond or other obligation issued or sold and
constituting a valid obligation of the issuing authority immediately prior
to the effective date of this Code. The repeal of any validating act or
part thereof shall not avoid the effect of the validation. No act repealed
by Section 1-9-8 shall repeal any act or part thereof which embraces the
same or a similar subject matter as the act repealed.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-3) (from Ch. 24, par. 1-9-3)
Sec. 1-9-3.
The provisions of this Code insofar as they are the same or
substantially the same as those of any prior statute, shall be construed as
a continuation of such prior statute and not as a new enactment.
If in any other statute reference is made to an act of the General
Assembly, or a section of such an act, which is continued in this Code,
such reference shall be held to refer to the act or section thereof so
continued in this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-4) (from Ch. 24, par. 1-9-4)
Sec. 1-9-4.
Any bond or other evidence of indebtedness issued under the
provisions of any act repealed by this Code which is outstanding and unpaid
on the effective date of this Code shall be amortized and retired by
taxation or revenue in the manner provided by the act under which such
indebtedness was incurred, notwithstanding the repeal of such act.
However, the provisions of this section shall not be construed to
prevent the refunding of any such indebtedness under the provisions of this
Code or as may be otherwise provided by law.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-5) (from Ch. 24, par. 1-9-5)
Sec. 1-9-5.
Article, division or section headings contained herein shall
not be deemed to govern, limit, modify or in any manner affect the scope,
meaning or intent of the provisions of any article, division or section
hereof.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-6) (from Ch. 24, par. 1-9-6)
Sec. 1-9-6.
The invalidity of any provision of this Code shall not affect
the validity of the remainder of this Code.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-7) (from Ch. 24, par. 1-9-7)
Sec. 1-9-7.
Where, in this Code, reference is made to a section, division
or article by its number and no act is specified, the reference is to the
correspondingly numbered section, division or article of this Code. Where
reference is made to "this article" or "this division" or "this section"
and no Act is specified, the reference is to the article, division or
section of this Code in which the reference appears. If any section,
division or article of this Code is hereafter amended, the reference shall
thereafter be treated and considered as a reference to the section,
division or article as so amended.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-8) (from Ch. 24, par. 1-9-8)
Sec. 1-9-8.
The following acts and parts of acts are repealed except
as provided in Section 1-9-9:
"An Act authorizing any city of this State having a population of
less than 100,000 inhabitants, which has established and is supporting a
public hospital, to reconstruct, improve, make extensions, repair and
equip such public hospital, and to prescribe the mode of procedure for
and to regulate the issuance and sale of bonds to finance such works,
undertakings and projects," approved January 16, 1936, as amended;
"An Act to regulate the civil service of cities," approved March 20,
1895, as amended;
"An Act to authorize cities to establish houses of correction and
farm colonies within the corporate limits and outside the corporate
limits within the same county and authorize the confinement of convicted
persons therein," approved April 25, 1871, as amended;
Section 21c of "An Act in relation to motor vehicles and to repeal a
certain act therein named," approved June 30, 1919, as amended;
"An Act authorizing cities, towns and villages to permit the
construction of surface and elevated ways," approved May 25, 1907;
"An Act authorizing cities, towns and villages to construct and
maintain surface and elevated ways, and turn the same over to public
park corporate authorities," approved May 25, 1907;
"An Act to authorize cities to open streets through parks," approved
June 27, 1913;
"An Act in relation to the joint ownership and operation of municipal
buildings," approved July 13, 1955;
"An Act to enable cities, towns and villages organized under any law
to regulate, license and control wagons and other vehicles," approved
June 28, 1913, as amended;
"An Act authorizing cities and villages to provide for the payment of
allowances of money to the families or dependents of policemen and
firemen killed or fatally injured while in the performance of their
duties and authorizing such cities and villages to provide medical care
and hospital treatment in case of accident to policemen and firemen,"
approved June 27, 1921, as amended;
"An Act to authorize cities, villages and incorporated towns to
procure certain insurance policies for the benefit of volunteer
firemen," approved July 17, 1941;
"An Act to provide for the recording of building permits issued by
any municipality in counties containing 500,000 or more inhabitants,"
approved July 13, 1955, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a Board of Election Commissioner's Employees' Annuity
and Benefit Fund in cities having a population of more than two hundred
thousand (200,000) inhabitants in which any Board of Election
Commissioners is functioning in accordance with law," approved July 8,
1935, as amended;
"An Act in relation to the payment of pensions from the corporate
fund of cities having a population exceeding two hundred thousand
inhabitants," approved July 5, 1935;
"An Act in relation to audits of the accounts of cities, villages and
incorporated towns having a population not exceeding 500,000," approved
July 3, 1951, as amended;
"The Industrial Building Revenue Bond Act of 1951," approved August
2, 1951, as amended;
"An Act to provide for the setting apart, formation and disbursement
of a police pension fund in cities, villages and incorporated towns
having a population of not more than 200,000 inhabitants," approved June
14, 1909, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a firemen's annuity and benefit fund in cities having
a population exceeding five hundred thousand inhabitants," approved June
12, 1931, as amended;
"An Act to provide for the creation, setting apart, maintenance and
administration of a policemen's annuity and benefit fund in cities
having a population exceeding two hundred thousand inhabitants,"
approved June 29, 1921, as amended;
"An Act to create an organization and a fund for the pensioning of
disabled fire insurance patrolmen, and the widows and children of
deceased patrolmen, and authorizing the retirement from service and the
pensioning of members of the fire insurance patrol in cities, villages
and towns where the population exceeds 50,000 inhabitants having a paid
fire insurance patrol," approved June 24, 1895, as amended;
All of "The Revised Cities and Villages Act," approved August 15,
1941, as amended, except Article 21 of said Revised Cities and Villages
Act.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/1-9-9) (from Ch. 24, par. 1-9-9)
Sec. 1-9-9.
Nothing in this Code shall be construed to repeal any section
of the various laws of which this Code is comprised when such section is
the subject of an amendment enacted by the Seventy-Second General Assembly
and which becomes law. Furthermore, it is the intent of the General
Assembly that the corresponding section of this Code shall be construed
with such amended section so as to give effect to such amendment as if it
was made a part of this Code.
(Source: Laws 1961, p. 576.)
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