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Monday, June 8, 2015

HB 2745 - Administrative Adjudication Enforcement Options


Illinois HB 2745 was recently sent to Governor Rauner for review makes significant changes in the enforcement of administrative adjudication judgments for non-home rule municipalities.  Currently a non-home rule municipality must file an action in circuit court to enforce an administrative adjudication judgment.  If signed into law, HB 2745 would provide as follows: 
  1. An administrative adjudication decision would be enforceable in the same manner as a court order or judgment.
  2. Any expense that the municipality incurs in enforcing an administrative adjudication decision (including attorney’s fees, court costs, property demolition costs) can be collected against the defendant after the costs are fixed by the hearing officer or court.
  3. The recording of the judgment will also be a lien against the real estate or personal estate, or both, of the defendant.
HB 2745 also grants authority to the hearing officer to set aside default judgments upon application and good cause shown.

This bill will assist non-home rule municipalities in code enforcement.  Interested municipal officials may want to encourage the Governor to sign this legislation.

Post Authored by Steve Mahrt, Ancel Glink

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