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| Public Act 096-1157 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-41020 and adding Section 5-41012 as follows: | ||||
(55 ILCS 5/5-41012 new) | ||||
Sec. 5-41012. Fine schedule. The county board of any county | ||||
that establishes a code hearing unit pursuant to this Division | ||||
5-41 may, by ordinance, establish a fine schedule for code | ||||
violations. The fine schedule must include (i) a determinate | ||||
fine for each code violation that may be voluntarily paid by a | ||||
respondent prior to his or her hearing date and (ii) the fine | ||||
that may otherwise be imposed for each code violation. The | ||||
amount of each fine must be based upon the nature of the | ||||
offense and the number of previous code violations a respondent | ||||
was convicted of committing for the same or a related offense. | ||||
(55 ILCS 5/5-41020)
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Sec. 5-41020. Instituting proceedings.
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(a) When a code enforcement officer observes a
code | ||||
violation,
the officer
shall note or, in the case of an animal | ||||
control violation, the code enforcement
officer may respond to | ||||
the filing of a formal complaint by noting the violation
on a | ||||
violation notice and report
form, indicating
the following:
the | ||
name and address of the respondent, if known; the name,
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address, and state vehicle registration number of the waste | ||
hauler who
deposited
the waste, if applicable; the type and | ||
nature of the violation; the date and
time the violation was | ||
observed; the names of witnesses to the violation; and
the | ||
address of the location or property where the violation is | ||
observed.
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(b) The violation notice and report form shall contain a | ||
file number,
and a hearing date, and, if approved by the county | ||
board by ordinance, the amount of any fine that may be imposed | ||
pursuant to an approved schedule of fines noted by the code | ||
enforcement officer in the blank spaces
provided for that | ||
purpose on the form. The violation notice and report form shall | ||
state that the respondent does not need to appear at the | ||
hearing on the date indicated on the form if the respondent | ||
pays the determinate fine in the amount set forth in the | ||
county's approved fine schedule for the code violation. The | ||
respondent must pay the determinate fine at least 5 days before | ||
the hearing date indicated on the violation notice and report | ||
form. The violation notice and report shall
state that if the | ||
respondent does not voluntarily pay the determinate fine in | ||
accordance with the schedule of fines or fails failure to | ||
appear at the hearing, if required, on the date indicated, then | ||
the failure to pay or appear, if required, may result in
a | ||
determination of liability for the cited violation and the | ||
imposition of
fines and assessment of costs as provided by the | ||
applicable county ordinance.
The violation notice and report | ||
shall also state that upon a determination of
liability and the | ||
exhaustion
of
or failure to exhaust procedures for judicial
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review, any unpaid fines or costs imposed will constitute a | ||
debt due and owed
to the county.
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(c) A copy of the violation notice and report form shall be | ||
served on
the respondent either personally or by first class | ||
mail, postage prepaid,
sent to the address of the respondent. | ||
If the name of the respondent property
owner cannot be | ||
ascertained or if service on the respondent cannot be made by
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mail, service may be made on the respondent property owner by | ||
posting,
not less than 20 days before the hearing is
scheduled,
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a copy of
the violation notice and report form in a prominent | ||
place on the property
where the violation is found.
If the | ||
violation notice and report form requires the
respondent
to | ||
answer within a certain amount of time, the
county must reply | ||
to the answer within the same amount of time afforded to
the
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respondent.
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(d) In lieu of a personal appearance at the hearing, a | ||
county board may provide for the voluntary payment of a | ||
determinate fine in accordance with a schedule of fines | ||
approved by ordinance and as provided in this Division 5-41.
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(Source: P.A. 94-616, eff. 1-1-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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