Bill Text: IL HB1909 | 2011-2012 | 97th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, a notice to appear, or a warrant. Provides that the county's code enforcement officer may issue the notice to appear under specified circumstances. Requires that a copy of the violation notice be served upon the property owner either personally or by first class mail. Sets forth notice requirements.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0561 [HB1909 Detail]
Download: Illinois-2011-HB1909-Enrolled.html
Bill Title: Amends the Counties Code. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, a notice to appear, or a warrant. Provides that the county's code enforcement officer may issue the notice to appear under specified circumstances. Requires that a copy of the violation notice be served upon the property owner either personally or by first class mail. Sets forth notice requirements.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-25 - Public Act . . . . . . . . . 97-0561 [HB1909 Detail]
Download: Illinois-2011-HB1909-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-1114 as follows:
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6 | (55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
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7 | Sec. 5-1114. Violation of ordinance. | ||||||
8 | (a) Except as provided in Section
10-302.5 of the Illinois | ||||||
9 | Highway Code or subsection (b) of this Section , in all actions | ||||||
10 | for
the violation of any county ordinance, the first process | ||||||
11 | shall be a summons or
a warrant. A warrant or summons for the | ||||||
12 | arrest of an accused person may issue
from the circuit court | ||||||
13 | upon the affidavit of any person that an ordinance has
been | ||||||
14 | violated, and that the person making the complaint has | ||||||
15 | reasonable grounds
to believe that the party charged is guilty | ||||||
16 | thereof. Every person arrested upon
a warrant or summons shall | ||||||
17 | be taken, without unnecessary delay, before the
proper judicial | ||||||
18 | officer for trial.
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19 | (b) In the case of a violation of the property maintenance | ||||||
20 | code of the county by a repeat offender, service of process | ||||||
21 | against the owner of the property that is the subject of the | ||||||
22 | violation may be a notice to appear. The notice may be issued | ||||||
23 | by a code enforcement officer of the county where the violation |
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1 | occurred subject to the approval of an ordinance administrator. | ||||||
2 | The notice to appear shall, at a minimum, state the address of | ||||||
3 | the property that is the subject of the code violation, the | ||||||
4 | language and citation of the code provision that was violated, | ||||||
5 | the facts that the violation is based on, the date, time, and | ||||||
6 | location for the appearance by the property owner, and that | ||||||
7 | failure to correct the violation prior to the hearing date may | ||||||
8 | result in a fine. The notice to appear shall be served upon the | ||||||
9 | property owner, either personally, or by delivery confirmation | ||||||
10 | mail and first class mail. The violation notice shall be sent | ||||||
11 | to the address where the violation is observed and to the | ||||||
12 | property owner's address on file with the Supervisor of | ||||||
13 | Assessments office. The county shall simultaneously post the | ||||||
14 | notice on the property where the violation occurred. The date | ||||||
15 | to appear shall be no sooner than 15 days after the notice is | ||||||
16 | served upon the owner. If the owner of the property fails to | ||||||
17 | appear in response to the notice, the Court may issue a warrant | ||||||
18 | or summons in accordance with subsection (a) of this Section. | ||||||
19 | For the purposes of this Section, "repeat offender" means a | ||||||
20 | person who has been found guilty of 2 or more similar | ||||||
21 | violations of a property maintenance code at the same location | ||||||
22 | in a 36-month period. | ||||||
23 | (Source: P.A. 89-120, eff. 7-7-95.)
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