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Illinois Compiled Statutes

65 ILCS 5/1-2.1-4 (2026)

Code hearing units; powers of hearing officers

✓ current as of May 2026
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(65 ILCS 5/1-2.1-4)
    Sec. 1-2.1-4. Code hearing units; powers of hearing officers.
    (a) An ordinance establishing a system of administrative adjudication, pursuant to this Division, shall provide for a code hearing unit within an existing agency or as a separate agency in the municipal government. The ordinance shall establish the jurisdiction of a code hearing unit that is consistent with this Division. The "jurisdiction" of a code hearing unit refers to the particular code violations that it may adjudicate.
    (b) Adjudicatory hearings shall be presided over by hearing officers. The powers and duties of a hearing officer shall include:
        (1) hearing testimony and accepting evidence that is
    
relevant to the existence of the code violation;
        (2) issuing subpoenas directing witnesses to appear
    
and give relevant testimony at the hearing, upon the request of the parties or their representatives;
        (3) preserving and authenticating the record of the
    
hearing and all exhibits and evidence introduced at the hearing;
        (4) issuing a determination, based on the evidence
    
presented at the hearing, of whether a code violation exists. The determination shall be in writing and shall include a written finding of fact, decision, and order including the fine, penalty, or action with which the defendant must comply;
        (5) imposing penalties consistent with applicable
    
code provisions and assessing costs upon finding a party liable for the charged violation, except, however, that in no event shall the hearing officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, or at the option of the municipality, such other amount not to exceed the maximum amount established by the Mandatory Arbitration System as prescribed by the Rules of the Illinois Supreme Court from time to time for the judicial circuit in which the municipality is located. The maximum monetary fine under this item (5), shall be exclusive of costs of enforcement or costs imposed to secure compliance with the municipality's ordinances and shall not be applicable to cases to enforce the collection of any tax imposed and collected by the municipality; and
        (6) entering orders prohibiting further code
    
violations or compelling the remediation of existing code violations within a specified time and authorizing the municipality to take all necessary steps to remediate code violations.
    (c) Prior to conducting administrative adjudication proceedings, administrative hearing officers shall have successfully completed a formal training program which includes the following:
        (1) instruction on the rules of procedure of the
    
administrative hearings which they will conduct;
        (2) orientation to each subject area of the code
    
violations that they will adjudicate;
        (3) observation of administrative hearings; and
        (4) participation in hypothetical cases, including
    
ruling on evidence and issuing final orders.
    In addition, every administrative hearing officer must be an attorney licensed to practice law in the State of Illinois for at least 3 years. A person who has served as a judge in Illinois is not required to fulfill the requirements of items (1) through (4) of this subsection.
    (d) A proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.
(Source: P.A. 104-200, eff. 1-1-26.)

    
Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2011–2025 · leading case: Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014).
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Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). · cites it 4× “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
Shachter v. City of Chicago, 2011 IL App (1st) 103582 (Ill. App. Ct. 2011). “” 65 ILCS 5/1-2.1-4(a) (West 2008). Of particular relevance here, the Illinois Municipal Code also states that any “proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.”
SHACHTER v. City of Chicago, 962 N.E.2d 586 (Ill. App. Ct. 2011). · cites it 2× “" 65 ILCS 5/1-2.1-4(a) (West 2008). Of particular relevance here, the *598 Illinois Municipal Code also states that any "proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.”
The Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). · cites it 3× “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
Shachter v. The City of Chicago, 2016 IL App (1st) 150442 (Ill. App. Ct. 2016). “1-15-0442 municipalities to impose fines of up to $50,000 (65 ILCS 5/1-2.1-4(b)(5) (West 2014)). It is impossible to read these distinctions between the treatment of home rule and nonhome rule municipalities as indicating anything but the legislature's intent that the monetary…”
Shachter v. City of Chicago, 2016 IL App (1st) 150442 (Ill. App. Ct. 2016). “1-15-0442 municipalities to impose fines of up to $50,000 (65 ILCS 5/1-2.1-4(b)(5) (West 2014)). It is impossible to read these distinctions between the treatment of home rule and nonhome rule municipalities as indicating anything but the legislature's intent that the monetary…”
Vill. of Wilmette v. Spiegel, 2022 IL App (1st) 210792-U (Ill. App. Ct. 2022). “1-4(b)(5) of the Illinois Municipal Code (65 ILCS 5/1-2.1-4(b)(5) (West 2022)), which prohibits administrative hearing officers from imposing penalties or fines exceeding $50,000.”
The Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). · cites it 3× “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
Vill. of Wilmette v. Spiegel, 2022 IL App (1st) 210792-U (Ill. App. Ct. 2022). “1-4(b)(5) of the Illinois Municipal Code (65 ILCS 5/1-2.1-4(b)(5) (West 2022)), which prohibits administrative hearing officers from imposing penalties or fines exceeding $50,000.”
Thakkar v. City of Aurora, 2025 IL App (2d) 250085-U (Ill. App. Ct. 2025). “]” 65 ILCS 5/1-2.1-4 (West 2024). The recordings of the administrative hearings are not in the record, only the transcript.”
— 65 ILCS 5/1-2.1-4(a) — 2 cases
Shachter v. City of Chicago, 2011 IL App (1st) 103582 (Ill. App. Ct. 2011). “” 65 ILCS 5/1-2.1-4(a) (West 2008). Of particular relevance here, the Illinois Municipal Code also states that any “proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.”
SHACHTER v. City of Chicago, 962 N.E.2d 586 (Ill. App. Ct. 2011). “" 65 ILCS 5/1-2.1-4(a) (West 2008). Of particular relevance here, the *598 Illinois Municipal Code also states that any "proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.”
— 65 ILCS 5/1-2.1-4(b) — 3 cases
Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
The Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
The Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
— 65 ILCS 5/1-2.1-4(b)(5) — 4 cases
Shachter v. The City of Chicago, 2016 IL App (1st) 150442 (Ill. App. Ct. 2016). “1-15-0442 municipalities to impose fines of up to $50,000 (65 ILCS 5/1-2.1-4(b)(5) (West 2014)). It is impossible to read these distinctions between the treatment of home rule and nonhome rule municipalities as indicating anything but the legislature's intent that the monetary…”
Shachter v. City of Chicago, 2016 IL App (1st) 150442 (Ill. App. Ct. 2016). “1-15-0442 municipalities to impose fines of up to $50,000 (65 ILCS 5/1-2.1-4(b)(5) (West 2014)). It is impossible to read these distinctions between the treatment of home rule and nonhome rule municipalities as indicating anything but the legislature's intent that the monetary…”
Vill. of Wilmette v. Spiegel, 2022 IL App (1st) 210792-U (Ill. App. Ct. 2022). “1-4(b)(5) of the Illinois Municipal Code (65 ILCS 5/1-2.1-4(b)(5) (West 2022)), which prohibits administrative hearing officers from imposing penalties or fines exceeding $50,000.”
Vill. of Wilmette v. Spiegel, 2022 IL App (1st) 210792-U (Ill. App. Ct. 2022). “1-4(b)(5) of the Illinois Municipal Code (65 ILCS 5/1-2.1-4(b)(5) (West 2022)), which prohibits administrative hearing officers from imposing penalties or fines exceeding $50,000.”
— 65 ILCS 5/1-2.1-4(d) — 2 cases
SHACHTER v. City of Chicago, 962 N.E.2d 586 (Ill. App. Ct. 2011). “" 65 ILCS 5/1-2.1-4(a) (West 2008). Of particular relevance here, the *598 Illinois Municipal Code also states that any "proceeding before a code hearing unit shall be instituted upon the filing of a written pleading by an authorized official of the municipality.”
Vill. of Lake in the Hills v. Niklaus, 2014 IL App (2d) 130654 (Ill. App. Ct. 2014). “65 ILCS 5/1-2.1-4(b), (c) (West 2012). The powers and duties of the hearing officer are set forth in the statute.”
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