SB2164 97TH GENERAL ASSEMBLY

LRB097 09152 KMW 49287 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2164

Introduced 2/10/2011, by Sen. Dave Syverson

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-19.2-2	from Ch. 24, par. 11.19.2-2
65 ILCS 5/11-19.2-3	from Ch. 24, par. 11-19.2-3
65 ILCS 5/11-19.2-4	from Ch. 24, par. 11-19.2-4
65 ILCS 5/11-19.2-5	was 65 ILCS 5/19.2-5
65 ILCS 5/11-19.2-6	from Ch. 24, par. 11-19.2-6
65 ILCS 5/11-19.2-7	from Ch. 24, par. 11-19.2-7
65 ILCS 5/11-19.2-8	from Ch. 24, par. 11-19.2-8
65 ILCS 5/11-19.2-9	from Ch. 24, par. 11-19.2-9
65 ILCS 5/11-19.2-10	from Ch. 24, par. 11-19.2-10
65 ILCS 5/11-19.2-11	from Ch. 24, par. 11-19.2-11
65 ILCS 5/11-19.2-11.1 new
65 ILCS 5/11-19.2-12	from Ch. 24, par. 11-19.2-12
65 ILCS 5/11-31.1-2	from Ch. 24, par. 11-31.1-2
65 ILCS 5/11-31.1-3	from Ch. 24, par. 11-31.1-3
65 ILCS 5/11-31.1-4	from Ch. 24, par. 11-31.1-4
65 ILCS 5/11-31.1-5	from Ch. 24, par. 11-31.1-5
65 ILCS 5/11-31.1-6	from Ch. 24, par. 11-31.1-6
65 ILCS 5/11-31.1-9	from Ch. 24, par. 11-31.1-9
65 ILCS 5/11-31.1-10	from Ch. 24, par. 11-31.1-10
65 ILCS 5/11-31.1-11	from Ch. 24, par. 11-31.1-11
65 ILCS 5/11-31.1-11.1	from Ch. 24, par. 11-31.1-11.1
65 ILCS 5/11-31.1-12	from Ch. 24, par. 11-31.1-12
65 ILCS 5/11-19.2-13 rep.

Amends the Illinois Municipal Code. Provides that any county or municipality may establish a code hearing unit. Sets forth requirements for hearing proceedings, notices, subpoenas, continuances, evidence at hearings, rights of occupants in eviction proceedings, defenses, findings and decisions, administrative review, judgments, and sanctions concerning sanitation and building code violations. Repeals a provision concerning the adoption of the Division by a municipality. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Sections 11-19.2-2, 11-19.2-3, 11-19.2-4, 11-19.2-5, 19.2-5, 11-19.2-6, 11-19.2-7, 11-19.2-8, 11-19.2-9, 11-19.2-10, 11-19.2-11, 11-19.2-12, 11-31.1-2, 11-31.1-3, 11-31.1-4, 11-31.1-5, 11-31.1-6, 11-31.1-9, 11-31.1-10, 11-31.1-11, 11-31.1-11.1, and 11-31.1-12 and by adding Section 11-19.2-11.1 as follows:

(65 ILCS 5/11-19.2-2) (from Ch. 24, par. 11.19.2-2)

Sec. 11-19.2-2. Code hearing unit. The corporate authorities or county board of any county or municipality having a population of 100,000 or more inhabitants may establish by ordinance a code hearing unit within an existing code enforcement agency or as a separate and independent agency in the municipal government. The function of the code hearing unit is to expedite the prosecution and correction of code violations in the manner set forth in this Division.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-3) (from Ch. 24, par. 11-19.2-3)

Sec. 11-19.2-3. Hearing procedures not exclusive. In any municipality where this Division is adopted, this Division shall not preclude the municipality from using other methods to enforce the provisions of its Code, provided the county or municipality adheres to the requirements of notification and response to notice as defined in this Division.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-4) (from Ch. 24, par. 11-19.2-4)

Sec. 11-19.2-4. Instituting code hearing proceedings. When a sanitation inspector observes or otherwise discovers a code violation, he shall note the violation on a violation notice and report form citing the language of the code which is alleged to be in violation and a description of the circumstances present on the property that violates the code, indicating the name and address of the structure owner respondent, if known, the name, 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.

The violation report form shall be forwarded by the building inspector to the Code Hearing Department where a Docket number shall be stamped on all copies of the report. The notice and report shall contain a date by which the violation is to be corrected which is reasonable considering the nature of the violation, its effect on public health and safety, and respondent's ability to comply by the date due to factors outside of the respondent's control. The notice and report shall also contain a subsequent hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 7 days or more than 40 days after the ordered date of compliance. The violation notice and report form shall state that:

(1) If compliance can not be completed prior to the ordered date then the respondent shall provide to the inspector prior to the ordered date of compliance, a proposed written statement showing cause for the continued violation and a request for an extension of date by which violations will be corrected.

(2) If the respondent who claims responsibility for the violation is a lessee or person asserting property rights under a contract with the title holders, then the respondent shall provide the inspector with contact information of the person responsible for maintaining the property so the person responsible for the violation may be included in the order to comply and appear at the hearing.

(3) Failure to appear at the hearing on the date indicated 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 municipal ordinance. One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be part of the record of hearing, one copy of the report form shall be returned to the building inspector so that he may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. If the county or municipality in which the structure is situated has an ordinance requiring property owners to register with the county or municipality or owners have voluntarily provided a contact address in a manner that can be documented, service shall be made on the owner in person or by mailing the report and summons to the address provided by the owner. If the name of the owner of the structure cannot be ascertained, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found and by certified mail to the address which appear on the property tax records, not less than 20 days before the hearing is scheduled. The violation notice and report form shall contain a file number and a hearing date noted by the sanitation inspector in the blank spaces provided for that purpose on the form. The violation notice and report form shall state that failure to appear at the hearing on the date indicated 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 municipal ordinance. The violation notice and report form shall also state that upon a determination of liability and the exhaustion or failure to exhaust procedures for judicial review, any unpaid fines or costs imposed will constitute a debt due and owing the municipality.

A copy of the violation notice and report form shall be served upon the respondent either personally or by first class mail, postage prepaid, and sent to the address of the respondent. If the municipality has an ordinance requiring all or certain property owners to register with the municipality, service may be made on the respondent property owner by mailing the violation notice and report to the owner's address registered with the municipality. If the name of the respondent property owner cannot be ascertained or if service on such respondent cannot be made by mail, service may be made on the respondent property owner by posting a copy of the violation notice and report form in a prominent place upon the property where the violation is found, not less than 10 days before the hearing is scheduled.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-5) (was 65 ILCS 5/19.2-5)

Sec. 11-19.2-5. Subpoenas - Defaults. At any time prior to the hearing date the hearing officer assigned to hear the case may, at the request of the sanitation inspector or the attorney for the municipality, or the respondent or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for hearing the owner respondent or his attorney fails to appear and the inspector provides evidence of proper procedure for notice, the hearing officer may find the respondent in default and shall proceed with the hearing and accept evidence relating to the existence of a code violation.

(Source: P.A. 95-331, eff. 8-21-07.)

(65 ILCS 5/11-19.2-6) (from Ch. 24, par. 11-19.2-6)

Sec. 11-19.2-6. Continuances - Representation at code hearings. No continuances shall be authorized by the hearing officer in proceedings under this Division except in cases where a continuance is absolutely necessary to protect the rights of the owner or if the hearing officer determines the respondent's request for an extension of the compliance date is justified. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this Division shall not exceed 25 days. The case for the municipality may be presented by the building inspector, by any other municipal employee, or by an attorney designated by the municipality. However, in no event shall the case for the municipality be presented by an employee of the Code Hearing Department. The case for the dwelling owner may be presented by the owner, his attorney, or any other agent or representative. The case for the municipality may be presented by the sanitation inspector, by any other municipal employee or by an attorney designated by the municipality. However, in no event shall the case for the municipality be presented by an employee of the code hearing unit. The case for the respondent may be presented by the respondent, his attorney, or any other agent or representative.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-7) (from Ch. 24, par. 11-19.2-7)

Sec. 11-19.2-7. Hearing - Evidence. At the hearing, the The hearing officer shall preside and at the hearing, shall hear testimony and accept any evidence relevant to the existence or non-existence of a code violation in the structure upon the property indicated. The sanitation inspector's signed violation notice and report form shall be prima facie evidence of the existence of the code violation described therein. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized under this Division.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-8) (from Ch. 24, par. 11-19.2-8)

Sec. 11-19.2-8. Eviction - Rights of the occupants. Findings, Decision, and Order. No action for eviction, abatement of a nuisance, forcible entry and detainer or other similar proceeding shall be threatened or instituted against an occupant of a dwelling solely because such occupant agrees to testify or testifies at a code violation hearing. At the conclusion of the hearing the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as the findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact, and an order, imposing a fine or other penalty, directing the respondent to correct the violation, or dismissing the case in the event the violation is not proved. If the hearing officer determines that the respondent is liable for the cited violation, the hearing officer shall enter an order imposing sanctions that are provided in the code for the violations proved, including the imposition of fines and recovery of the costs of the proceedings, which costs shall be enforced in like manner as the enforcement of fines and penalties. A copy of the findings, decision and order shall be served by personal service or by any method provided for service of the violation notice and report form pursuant to Section 11-19.2-4. Payment of any penalty, fine or costs of the proceedings and the disposition of such money shall be in the same manner as set forth in this Code, unless the corporate authorities establishing a code hearing unit by ordinance provide otherwise.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-9) (from Ch. 24, par. 11-19.2-9)

Sec. 11-19.2-9. Defenses to code violations. Administrative review. It shall be a defense to a code violation charged under this Division if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:

(a) The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

(b) The code violation has been caused by the current property occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;

(c) An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation;

(d) The property or portion of the property where the violation exists is under the control of a lessee or contract buyer responsible for maintaining the property and that the leasehold interest or contract purchase is being terminated. The findings, decision and order of the hearing officer shall be subject to review in the circuit court of the county where the municipality is located, and the provisions of the Administrative Review Law, and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of a hearing officer under this Division.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-10) (from Ch. 24, par. 11-19.2-10)

Sec. 11-19.2-10. Findings, decision, order. Sanctions appropriate to owner - property. At the conclusion of the hearing the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact, an order demanding the owner or person responsible for the violation to correct the violation, and an order, ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved against the owner or the person determined to be responsible for the violation or both the owner and the person responsible for the violation. A copy of the findings, decision, and order shall be served on the owner within 5 days after they are issued; service on the owner shall be in the same manner as the report form and summons are served pursuant to Section 11-31.1-4. Service on a person other than the owner who has been determined as being responsible for the continued violation shall be made at the property where the violation exists and any other address identified to the hearing officer as appropriate for contact to the responsible person. 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. The order to correct a code violation and the sanctions imposed by a municipality against a respondent property owner as the result of a finding of a code violation under this Division shall attach to the property as well as the owner of the property, so that the finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this Division if a notice consisting of a copy of the order to correct a code violation and imposing any sanctions and costs, if applicable, and a description of the real estate affected sufficient for the identification thereof, has been filed in the office of the Recorder or the office of the Registrar of Titles in the county in which such real estate is located by the municipality prior to the transfer or conveyance to the subsequent transferee or owner.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-11) (from Ch. 24, par. 11-19.2-11)

Sec. 11-19.2-11. Administrative review. The findings, decision and order of the hearing officer shall be subject to review in the circuit court of the county where the county or municipality is located, and the provisions of the Administrative Review Law, and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of a hearing officer under this Division. (a) A person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate shall be responsible for maintaining the property to prevent and correct municipal health and sanitation code violations.

(b) A person who violates this Section shall be subject to the findings, decision and order of the hearing officer as provided in this Division.

(c) A person who intentionally violates this Section is guilty of a business offense and shall be fined not less than $501 and not more than $1,000.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-19.2-11.1 new)

Sec. 11-19.2-11.1. Judgment on findings, decision, order.

(a) Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law shall be a debt due and owing the county or 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 county or municipality may commence a proceeding in the circuit court of the county where the county or municipality is located for purposes of obtaining a judgment on the findings, decision and order. Nothing in this Section shall prevent a county or municipality from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the county or municipality shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this Division and the applicable municipal ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed $2500. If the court is satisfied that the findings, decision and order were entered in accordance with the requirements of this Division and the applicable county or municipal ordinance, and that the property owner had an opportunity for a hearing under this Division and for judicial review as provided in this Division: (1) the court shall render judgment in favor of the county or municipality and against the property owner for the amount indicated in the findings, decision and order, plus costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and (2) the court may also issue such other orders and injunctions as are requested by the county or municipality to enforce the order of the hearing officer to correct a code violation.

(65 ILCS 5/11-19.2-12) (from Ch. 24, par. 11-19.2-12)

Sec. 11-19.2-12. Sanctions applicable to owner - Property. The order to correct a code violation and the sanctions imposed by a county or municipality as the result of a finding of a code violation under this Division shall attach to the property so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner, to the owner of the property and to the person found to be responsible for the continuation of the violation. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this Division. (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. Any subsequent owner or transferee of property takes subject to this debt if a notice has been filed pursuant to Section 11-19.2-10.

(b) After expiration of the period within which judicial review under the Administrative Review Law may be sought for a final determination of the code violation, the municipality may commence a proceeding in the circuit court of the county where the municipality is located for purposes of obtaining a judgment on the findings, decision and order. Nothing in this Section shall prevent a municipality from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the municipality shall file a certified copy of the findings, decision and order, which shall be accompanied by a certification that recites facts sufficient to show that the findings, decision and order was issued in accordance with this Division and the applicable municipal ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed $5,000. 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 respondent had an opportunity for a hearing under this Division and for judicial review as provided in this Division:

(1) the court shall render judgment in favor of the municipality and against the respondent for the amount indicated in the findings, decision and order, plus court costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and

(2) the court may also issue such other orders or injunctions or both requested by the municipality to enforce the order of the hearing officer to correct a code violation.

(Source: P.A. 86-1364.)

(65 ILCS 5/11-31.1-2) (from Ch. 24, par. 11-31.1-2)

Sec. 11-31.1-2. Code hearing unit department. The corporate authorities of any county or municipality may adopt this Division and establish by ordinance a Code Hearing Unit Department within an existing code enforcement agency or as a separate and independent agency in the county or municipal government. The function of the hearing department is to expedite the prosecution and correction of code violations in the manner set forth in this Division.

(Source: P.A. 88-37.)

(65 ILCS 5/11-31.1-3) (from Ch. 24, par. 11-31.1-3)

Sec. 11-31.1-3. Hearing procedures not exclusive. In any county or municipality where this Division is adopted, this Division does not preclude the county or municipality from using other methods to enforce the provisions of its code, provided the county or municipality adheres to the requirements of notification and response to notice as defined in this Division.

(Source: P.A. 86-1039.)

(65 ILCS 5/11-31.1-4) (from Ch. 24, par. 11-31.1-4)

Sec. 11-31.1-4. Instituting code hearing proceedings. When a building inspector finds a code violation while inspecting a structure, he shall note the violation on a multiple copy violation notice and report form citing the language of the code which is alleged to be in violation and a description of the circumstances present on the property which violates the code, indicating the name and address of the structure owner, 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 structure where the violation is observed.

The violation report form shall be forwarded by the building inspector to the Code Hearing Department where a Docket number shall be stamped on all copies of the report. The notice and report shall contain a date by which the violation is to be corrected which is reasonable considering the nature of the violation, its effect on public health and safety, and respondent's ability to comply by the date due to factors outside of the respondent's control. The notice and report shall also contain a subsequent hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 7 days or more than 40 days after the ordered date of compliance. The violation notice and report form shall state that:

(1) If compliance can not be completed prior to the ordered date then the respondent shall provide to the inspector prior to the ordered date of compliance, a proposed written statement showing cause for the continued violation and a request for an extension of date by which violations will be corrected.

(2) If the respondent who claims responsibility for the violation is a lessee or person asserting property rights under a contract with the title holders, then the respondent shall provide the inspector with contact information of the person responsible for maintaining the property so the person responsible for the violation may be included in the order to comply and appear at the hearing.

(3) Failure to appear at the hearing on the date indicated 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 municipal ordinance. , and a hearing date noted in the blank spaces provided for that purpose on the form. The hearing date shall not be less than 30 nor more than 40 days after the violation is reported by the building inspector.

One copy of the violation report form shall be maintained in the files of the Code Hearing Department and shall be part of the record of hearing, one copy of the report form shall be returned to the building inspector so that he may prepare evidence of the code violation for presentation at the hearing on the date indicated, and one copy of the report form shall be served by first class mail on the owner of the structure, along with a summons commanding the owner to appear at the hearing. If the county or municipality in which the structure is situated has an ordinance requiring property owners to register with the county or municipality or owners have voluntarily provided a contact address in a manner that can be documented, service shall may be made on the owner by mailing the report and summons to the owner's address registered with the municipality. If the name of the owner of the structure cannot be ascertained or if service on the owner cannot be made by mail, service may be made on the owner by posting or nailing a copy of the violation report form on the front door of the structure where the violation is found and by certified mail to the address which appears on the property tax records, not less than 20 days before the hearing is scheduled.

(Source: P.A. 86-1039.)

(65 ILCS 5/11-31.1-5) (from Ch. 24, par. 11-31.1-5)

Sec. 11-31.1-5. Subpoenas; Defaults. At any time prior to the hearing date the hearing officer assigned to hear the case may, at the request of the building inspector or the attorney for the county or municipality, or the owner or his attorney, issue subpoenas directing witnesses to appear and give testimony at the hearing. If on the date set for hearing the owner or his attorney fails to appear and the inspector provides evidence of proper procedure for notice, the hearing officer may find the owner in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation.

(Source: P.A. 86-1039.)

(65 ILCS 5/11-31.1-6) (from Ch. 24, par. 11-31.1-6)

Sec. 11-31.1-6. Continuances - Representation at code hearings. No continuances shall be authorized by the hearing officer in proceedings under this Division except in cases where a continuance is absolutely necessary to protect the rights of the owner or if the hearing officer determines the respondent's request for extension of compliance date is justified. Lack of preparation shall not be grounds for a continuance. Any continuance authorized by a hearing officer under this Division shall not exceed 25 days. The case for the municipality may be presented by the building inspector, by any other municipal employee or by an attorney designated by the municipality. However, in no event shall the case for the municipality be presented by an employee of the Code Hearing Department. The case for the dwelling owner may be presented by the owner, his attorney, or any other agent or representative.

(Source: Laws 1967, p. 1905.)

(65 ILCS 5/11-31.1-9) (from Ch. 24, par. 11-31.1-9)

Sec. 11-31.1-9. Defenses to code violations. It shall be a defense to a code violation charged under this Division if the owner, his attorney, or any other agent or representative proves to the hearing officer's satisfaction that:

(a) The code violation alleged in the notice does not in fact exist, or at the time of the hearing the violation has been remedied or removed;

(b) The code violation has been caused by the current property occupants and that in spite of reasonable attempts by the owner to maintain the dwelling free of such violations, the current occupants continue to cause the violations;

(c) An occupant or resident of the dwelling has refused entry to the owner or his agent to all or a part of the dwelling for the purpose of correcting the code violation.

(d) The property or portion of the property where the violation exists is under the control of a lessee or contract buyer responsible for maintaining the property and that the leasehold interest or contract purchase is being terminated.

(Source: P.A. 89-372, eff. 1-1-96.)

(65 ILCS 5/11-31.1-10) (from Ch. 24, par. 11-31.1-10)

Sec. 11-31.1-10. Findings, decision, order. At the conclusion of the hearing the hearing officer shall make a determination on the basis of the evidence presented at the hearing whether or not a code violation exists. The determination shall be in writing and shall be designated as findings, decision and order. The findings, decision and order shall include the hearing officer's findings of fact, a decision whether or not a code violation exists based upon the findings of fact, and an order, ordering the owner to correct the violation or dismissing the case, in the event a violation is not proved. If a code violation is proved, the order may also impose the sanctions that are provided in the code for the violation proved against the owner or the person determined to be responsible for the violation or both the owner and the person responsible for the violation. A copy of the findings, decision, and order shall be served on the owner within 5 days after they are issued; service on the owner shall be in the same manner as the report form and summons are served pursuant to Section 11-31.1-4. Service on a person other than the owner who has been determined as being responsible for the continued violation shall be made at the property where the violation exists and any other address identified to the hearing officer as appropriate for contact to the responsible person. Payment of any penalty or fine and the disposition of fine money shall be in the same manner as set forth in the code, unless the corporate authorities adopting this Division provide otherwise.

(Source: P.A. 86-1039.)

(65 ILCS 5/11-31.1-11) (from Ch. 24, par. 11-31.1-11)

Sec. 11-31.1-11. Administrative review. The findings, decision and order of the hearing officer shall be subject to review in the circuit court of the county where the county or municipality is located, and the provisions of the Administrative Review Law, and all amendments and modifications thereto, and the rules adopted pursuant thereto are adopted and shall apply to and govern every action for the judicial review of the final findings, decision and order of a hearing officer under this Division.

(Source: P.A. 82-783.)

(65 ILCS 5/11-31.1-11.1) (from Ch. 24, par. 11-31.1-11.1)

Sec. 11-31.1-11.1. Judgment on findings, decision, order.

(a) Any fine, other sanction or costs imposed, or part of any fine, other sanction or costs imposed remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law shall be a debt due and owing the county or 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 county or municipality may commence a proceeding in the circuit court of the county where the county or municipality is located for purposes of obtaining a judgment on the findings, decision and order. Nothing in this Section shall prevent a county or municipality from consolidating multiple findings, decisions and orders against a person in such a proceeding. Upon commencement of the action, the county or 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 county or municipal ordinance. Service of the summons and a copy of the petition may be by any method provided by Section 2-203 of the Code of Civil Procedure or by certified mail, return receipt requested, provided that the total amount of fines, other sanctions and costs imposed by the findings, decision and order does not exceed $2500. If the court is satisfied that the findings, decision and order were entered in accordance with the requirements of this Division and the applicable municipal ordinance, and that the property owner had an opportunity for a hearing under this Division and for judicial review as provided in this Division: (1) the court shall render judgment in favor of the county or municipality and against the property owner for the amount indicated in the findings, decision and order, plus costs. Such judgment shall have the same effect and may be enforced in the same manner as other judgments for the recovery of money; and (2) the court may also issue such other orders and injunctions as are requested by the county or municipality to enforce the order of the hearing officer to correct a code violation.

(Source: P.A. 89-372, eff. 1-1-96.)

(65 ILCS 5/11-31.1-12) (from Ch. 24, par. 11-31.1-12)

Sec. 11-31.1-12. Sanctions applicable to owner - Property. The order to correct a code violation and the sanctions imposed by a county or municipality as the result of a finding of a code violation under this Division shall attach to the property as well as to the owner of the property, so that a finding of a code violation against one owner cannot be avoided by conveying or transferring the property to another owner, to the owner of the property, and to the person found to be responsible for the continuation of the violation. Any subsequent transferee or owner of property takes subject to the findings, decision and order of a hearing officer under this Division.

(Source: Laws 1967, p. 1905.)

(65 ILCS 5/11-19.2-13 rep.)

Section 10. The Illinois Municipal Code is amended by repealing Section 11-19.2-13.

Section 99. Effective date. This Act takes effect upon becoming law.