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Public Act 099-0018
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| SB0086 Enrolled | LRB099 03636 AWJ 23644 b |
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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 |
5-43035 as follows:
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(55 ILCS 5/5-43035) |
Sec. 5-43035. 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 county 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 county to enforce |
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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 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 county 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 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 |
state's attorney of the county 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 county with respect to attorneys or |
private collection agents retained by the state's attorney |
under this Section shall be charged to the offender. |
(d) Upon being recorded in the manner required by Article |
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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 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 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 as a result of the |
vacated default judgment.
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(Source: P.A. 96-1386, eff. 7-29-10.)
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