Bill Text: IL SB2164 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SB2164 Detail]

Download: Illinois-2011-SB2164-Introduced.html

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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.
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A BILL FOR
SB2164 LRB097 09152 KMW 49287 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 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

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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

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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

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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

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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

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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

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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

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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.)

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(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

SB2164 - 10 - LRB097 09152 KMW 49287 b
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

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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.)

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(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

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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

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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

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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

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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.

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(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

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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

SB2164 - 19 - LRB097 09152 KMW 49287 b
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.

SB2164 - 20 - LRB097 09152 KMW 49287 b
(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

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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

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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

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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,

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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

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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

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repealing Section 11-19.2-13.
Section 99. Effective date. This Act takes effect upon
becoming law.