Illinois Compiled Statutes 65 ILCS 5/11-19.2-10 – Sanctions appropriate to owner – property
Current as of: 2024 | Check for updates
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Terms Used In Illinois Compiled Statutes 65 ILCS 5/11-19.2-10
- Code: means any municipal ordinance that pertains to or regulates: sanitation practices; forestry practices; the attachment of bills or notices to public property; the definition, identification and abatement of public nuisances; and the accumulation, disposal and transportation of garbage, refuse and other forms of solid waste in a municipality. See Illinois Compiled Statutes 65 ILCS 5/11-19.2-1
- Hearing officer: means a person other than a sanitation inspector or law enforcement officer having the following powers and duties:
(1) to preside at an administrative hearing called to
determine whether or not a code violation exists; |
(2) to hear testimony and accept evidence from the
sanitation inspector, the respondent and all interested parties relevant to the existence of a code violation; |
(3) to preserve and authenticate the record of the
hearing and all exhibits and evidence introduced at the hearing; |
(4) to issue and sign a written finding, decision and
order stating whether a code violation exists; and |
(5) to impose penalties consistent with applicable
code provisions and to assess costs reasonably related to instituting the proceeding upon finding the respondent liable for the charged violation, provided, however, that in no event shall the hearing officer have the authority to impose a penalty of incarceration. See Illinois Compiled Statutes 65 ILCS 5/11-19.2-1 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.
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