Bill Text: IL HB1712 | 2013-2014 | 98th General Assembly | Amended

---

Bill Title: Amends the Illinois Municipal Code. Makes a technical change in a Section concerning the short title.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB1712 Detail]

Download: Illinois-2013-HB1712-Amended.html

---

Rep. Ed Sullivan, Jr.

Filed: 4/11/2013

09800HB1712ham002 LRB098 05758 OMW 44137 a
AMENDMENT TO HOUSE BILL 1712
AMENDMENT NO. ______. Amend House Bill 1712 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Section 1-2.2-55 as follows:
(65 ILCS 5/1-2.2-55)
Sec. 1-2.2-55. Judgment on findings, decision, and 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 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 municipality may

09800HB1712ham002 - 2 - LRB098 05758 OMW 44137 a
commence a proceeding in the circuit court of the county in
which the municipality is located for purpose 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 for 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 $2,500. 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
defendant 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 defendant for the amount
indicated in the findings, decision and order, plus costs.
The judgment shall have the same effect and may be enforced
in the same manner as other judgments for the recovery of

09800HB1712ham002 - 3 - LRB098 05758 OMW 44137 a
money.
(2) The court may also issue any other orders and
injunctions that are requested by the municipality to
enforce the order of the hearing officer to correct a code
violation.
(c) In place of a proceeding under subsection (b) of this
Section, 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.
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 municipality 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 municipality 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 municipality shall
provide notice to the defendant that states that the defendant
shall appear at a hearing before the administrative hearing

09800HB1712ham002 - 4 - LRB098 05758 OMW 44137 a
officer to determine whether the defendant has failed to comply
with the judgment. The notice shall set the date for such a
hearing, which shall not be less than 7 days from 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.
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 municipality 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.
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 municipality did not provide
proper service of process. If any judgment is set aside
pursuant to this subsection (c), the hearing officer shall have
authority to enter an order extinguishing any lien which has
been recorded for any debt due and owing the municipality as a
result of the vacated default judgment.
(Source: P.A. 90-777, eff. 1-1-99.)

09800HB1712ham002 - 5 - LRB098 05758 OMW 44137 a
Section 99. Effective date. This Act takes effect upon
becoming law.".