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Rep. Michael J. Zalewski
Filed: 5/12/2014
| | 09800SB2829ham001 | | LRB098 17209 HEP 59414 a |
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| 1 | | AMENDMENT TO SENATE BILL 2829
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2829 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Code of Civil Procedure is amended by |
| 5 | | adding Section 5-120.5 as follows:
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| 6 | | (735 ILCS 5/5-120.5 new) |
| 7 | | Sec. 5-120.5. Administrative review, code compliance. |
| 8 | | (a) In an administrative review action under Article III of |
| 9 | | this Code, if the court reverses the decision of a municipal |
| 10 | | code hearing officer in an action set forth under subsection |
| 11 | | (c) of this Section, then the court may award the plaintiff all |
| 12 | | reasonable costs, including court costs and attorney's fees, |
| 13 | | associated with the action if the court finds that: (i) the |
| 14 | | decision of the hearing officer was arbitrary and capricious; |
| 15 | | or (ii) the defendant failed to file a record under Section |
| 16 | | 3-108 of this Code that is sufficient to allow the court to |
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| | 09800SB2829ham001 | - 2 - | LRB098 17209 HEP 59414 a |
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| 1 | | determine whether the decision of the hearing officer was |
| 2 | | arbitrary and capricious. |
| 3 | | (b) The court may award the municipality reasonable costs, |
| 4 | | including court costs and attorney's fees, if the court finds |
| 5 | | that the plaintiff's action under Article III of this Code for |
| 6 | | administrative review of a decision by the municipal code |
| 7 | | hearing officer is not reasonably well grounded in fact, is not |
| 8 | | warranted by existing law, or is not accompanied by a |
| 9 | | reasonable argument for the extension, modification, or |
| 10 | | reversal of existing law. |
| 11 | | (c) This Section applies only to the decision of a code |
| 12 | | hearing officer that imposes a fine or penalty against the |
| 13 | | owner of a single-family or multi-family residential dwelling |
| 14 | | for a violation related to the condition or use of that |
| 15 | | residential property. This Section does not apply to any |
| 16 | | administrative decision of a municipality with a population of |
| 17 | | more than 500,000. |
| 18 | | (d) The provisions of this Section are mutually dependent |
| 19 | | and inseverable; if any provision is held invalid, then the |
| 20 | | entire Section is invalid.".
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