Rep. Jehan A. Gordon
Filed: 4/12/2011
 
 

 

 

 
09700HB1909ham001LRB097 08075 KMW 54344 a



1
AMENDMENT TO HOUSE BILL 1909 




2    AMENDMENT NO. ______. Amend House Bill 1909 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Counties Code is amended  by changing 
5Section 5-1114 as follows:
 



6    (55 ILCS 5/5-1114)  (from Ch. 34, par. 5-1114)



7    Sec. 5-1114. Violation of ordinance. 
8    (a) Except as provided in Section
10-302.5 of the Illinois 
9Highway Code or subsection (b) of this Section, in all actions 
10for
the violation of any county ordinance, the first process 
11shall be a summons or
a warrant.  A warrant or summons for the 
12arrest of an accused person may issue
from the circuit court 
13upon the affidavit of any person that an ordinance has
been 
14violated, and that the person making the complaint has 
15reasonable grounds
to believe that the party charged is guilty 
16thereof. Every person arrested upon
a warrant or summons shall 
 
 
09700HB1909ham001- 2 -LRB097 08075 KMW 54344 a

1be taken, without unnecessary delay, before the
proper judicial 
2officer for trial.

3    (b) In the case of a violation of the property maintenance 
4code of the county by a repeat offender, service of process 
5against the owner of the property that is the subject of the 
6violation may be a notice to appear. The notice to appear 
7shall, at a minimum, state the address of the property that is 
8the subject of the code violation, the language and citation of 
9the code provision that was violated, the facts that the 
10violation is based on, and the date, time, and location for the 
11appearance by the property owner. The notice to appear shall be 
12served upon the property owner, either personally, or by 
13delivery confirmation mail and first class mail. The violation 
14notice shall be sent to the address where the violation is 
15observed and to the property owner's address on file with the 
16Supervisor of Assessments office. The county shall 
17simultaneously post the notice on the property where the 
18violation occurred. If the owner of the property fails to 
19appear in response to the notice, the Court may issue a warrant 
20or summons in accordance with subsection (a) of this Section. 
21For the purposes of this Section, "repeat  offender" means a 
22person who has been found guilty of 2 or more violations of a 
23property maintenance code. 
24(Source: P.A. 89-120, eff. 7-7-95.)".