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Division 2.2 - Code Hearing Departments

      (65 ILCS 5/Art. 1 Div. 2.2 heading)DIVISION 2.2. CODE HEARING DEPARTMENTS

(65 ILCS 5/1‑2.2‑1)     Sec. 1‑2.2‑1. Applicability. This Division 2.2 applies only to municipalities that are non‑home rule units. Nothing in this Division 2.2 allows a non‑home rule municipality to pursue any remedies not otherwise authorized by statute. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑5)     Sec. 1‑2.2‑5. Definitions. As used in this Division, unless the context requires otherwise:     "Code" means any municipal ordinance except for (i) building code violations that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under the Illinois Vehicle Code or a similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6‑204 of the Illinois Vehicle Code.     "Hearing officer" means a municipal employee or an officer or agent of a municipality, other than a law enforcement officer, whose duty it is to:     (1) preside at an administrative hearing called to determine whether or not a code violation exists;     (2) hear testimony and accept evidence from all interested parties relevant to the existence of a code violation;     (3) preserve and authenticate the transcript and record of the hearing and all exhibits and evidence introduced at the hearing; and     (4) issue and sign a written finding, decision, and order stating whether a code violation exists. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑10)     Sec. 1‑2.2‑10. Code hearing department. The corporate authorities of any municipality may adopt this Division and establish a code hearing department within an existing code enforcement agency or as a separate and independent agency in the 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.     The code hearing department may adjudicate any violation of a municipal ordinance except for (i) building code violations that must be adjudicated pursuant to Division 31.1 of Article 11 of this Act and (ii) any offense under the Illinois Vehicle Code or similar offense that is a traffic regulation governing the movement of vehicles and except for any reportable offense under Section 6‑204 of the Illinois Vehicle Code. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑15)     Sec. 1‑2.2‑15. Hearing procedures not exclusive. In any municipality where this Division is adopted, this Division does not preclude the municipality from using other methods to enforce the provisions of its code. (Source: P.A. 90‑777, eff. 1‑1‑99.)

    (65 ILCS 5/1‑2.2‑20)
    Sec. 1‑2.2‑20. Instituting code hearing proceedings. When a police officer or other individual authorized to issue a code violation finds a code violation to exist, he or she shall note the violation on a multiple copy violation notice and report form that indicates (i) the name and address of the defendant, (ii) the type and nature of the violation, (iii) the date and time the violation was observed, and (iv) the names of witnesses to the violation.
    The violation report form shall be forwarded to the code hearing department where a docket number shall be stamped on all copies of the report and a hearing date shall be 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. However, if the code violation involves a municipal ordinance regulating truants, the hearing date shall not be less than 7 nor more than 40 days after the violation is reported.
    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 individual representing the municipality in the case so that he or she 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 to the defendant along with a summons commanding the defendant to appear at the hearing. In municipalities with a population under 3,000,000, if the violation report form requires the respondent to answer within a certain amount of time, the municipality must reply to the answer within the same amount of time afforded to the respondent.
(Source: P.A. 94‑616, eff. 1‑1‑06; 95‑1016, eff. 6‑1‑09.)

(65 ILCS 5/1‑2.2‑25)     Sec. 1‑2.2‑25. Subpoenas; defaults. At any time prior to the hearing date, the hearing officer assigned to hear the case may, at the request of either party, direct witnesses to appear and give testimony at the hearing. If on the date set for hearing the defendant or his or her attorney fails to appear, the hearing officer may find the defendant in default and shall proceed with the hearing and accept evidence relevant to the existence of a code violation. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑30)     Sec. 1‑2.2‑30. 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 defendant. 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 an attorney designated by the municipality or by any other municipal employee, except that the case for the municipality shall not be presented by an employee of the code hearing department. The case for the defendant may be presented by the defendant, his or her attorney, or any other agent or representative of the defendant. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑35)     Sec. 1‑2.2‑35. Hearing; evidence. At the hearing a hearing officer shall preside, shall hear testimony, and shall accept any evidence relevant to the existence or non‑existence of a code violation. The strict rules of evidence applicable to judicial proceedings shall not apply to hearings authorized by this Division. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑40)     Sec. 1‑2.2‑40. Qualifications of hearing officers. Prior to conducting proceedings under this Division, hearing officers shall successfully complete a formal training program that includes the following:     (1) instruction on the rules of procedure of the hearing that they will conduct;     (2) orientation to each subject area of the code violations that they will administer;     (3) observation of administrative hearings; and     (4) participation in hypothetical cases, including rules on evidence and issuing final orders.     In addition, every hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑45)     Sec. 1‑2.2‑45. Findings, decision, and order. At the conclusion of the hearing, the hearing officer shall make a determination on the basis of the evidence presented at the hearing as to 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 (i) the hearing officer's findings of fact; (ii) a decision of whether or not a code violation exists based upon the findings of fact; and (iii) an order that states the sanction or dismisses the case if a violation is not proved. A monetary sanction for a violation under this Division shall not exceed the amount provided for in Section 1‑2‑1 of this Act. A copy of the findings, decision, and order shall be served on the defendant within 5 days after it is issued. Service shall be in the same manner that the report form and summons are served under Section 1‑2.2‑20 of this Division. 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. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑50)     Sec. 1‑2.2‑50. Review under Administrative Review Law. The findings, decision, and order of the hearing officer shall be subject to review in the circuit court of the county in which the municipality is located. The provisions of the Administrative Review Law, and the rules adopted pursuant thereto, shall apply to and govern every action for the judicial review of the findings, decision, and order of a hearing officer under this Division. (Source: P.A. 90‑777, eff. 1‑1‑99.)

(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 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 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.

(Source: P.A. 90‑777, eff. 1‑1‑99.)

(65 ILCS 5/1‑2.2‑60)     Sec. 1‑2.2‑60. Adoption of Division by municipality. This Division may be adopted by a non‑home rule municipality by incorporating the provisions of this Division in an ordinance and by passing and publishing the ordinance in the manner provided in Division 2 of Article 1 of this Act. (Source: P.A. 90‑777, eff. 1‑1‑99.)