Public Act 100-0221
 
SB0751 EnrolledLRB100 07341 AWJ 17404 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by changing Section 
5-43035 as follows:
 
    (55 ILCS 5/5-43035)
    Sec. 5-43035. Enforcement of judgment.
    (a) Any non-real property tax, fee, fine, other sanction, 
or costs imposed, or part of any non-real property tax, fee, 
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 county for a violation of a county 
ordinance, or the participating unit of local government for a 
violation of a participating unit of local government's 
ordinance, 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 non-real property tax, fee, fine, or 
other sanction as a result of a code violation, any expenses 
incurred by a county for a violation of a county ordinance, or 
the participating unit of local government for a violation of a 
participating unit of local government's ordinance, 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 county for a violation of a county ordinance, or the 
participating unit of local government for a violation of a 
participating unit of local government's ordinance, and the 
findings, decision, and order of the hearing officer may be 
enforced in the same manner as a judgment entered by a court. 
Prior to any expenses being fixed by a hearing officer pursuant 
to this subsection (c), the county for a violation of a county 
ordinance, or the participating unit of local government for a 
violation of a participating unit of local government's 
ordinance, 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 the  hearing, which shall not be less 
than 7 days after  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.
    (c-5) A default in the payment of a non-real property tax, 
fee, fine, or penalty or any installment of a non-real property 
tax, fee, fine, or penalty may be collected by any means 
authorized for the collection of monetary judgments. The 
State's Attorney state's attorney of the county in which the 
non-real property tax, fee, fine, or penalty was imposed may 
retain attorneys and private collection agents for the purpose 
of collecting any default in payment of any non-real property 
tax, fee, fine, or penalty or installment of that non-real 
property tax, fee, fine, or penalty. Any fees or costs incurred 
by the county or participating unit of local government with 
respect to attorneys or private collection agents retained by 
the State's Attorney state's attorney under this Section shall 
be charged to the offender. 
    (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 county for a violation of a county ordinance, or 
the participating unit of local government for a violation of a 
participating unit of local government's ordinance, 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 county for a violation of a 
county ordinance, or the participating unit of local government 
for a violation of a participating unit of local government's 
ordinance, 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 that  has been recorded for any debt due 
and owing the county for a violation of a county ordinance, or 
the participating unit of local government for a violation of a 
participating unit of local government's ordinance, as a result 
of the vacated default judgment.

(Source: P.A. 99-18, eff. 1-1-16; 99-739, eff. 1-1-17; 99-754, 
eff. 1-1-17; revised 9-21-16.)