Illinois Administrative Code › Title 77 - PUBLIC HEALTH › Part 860 - MANUFACTURED HOME COMMUNITY CODE › Subpart E - ADMINISTRATIVE ACTION BY THE DEPARTMENT › Section 860.540 - Administrative Monetary Penalties

Current through Register Vol. 48, No. 28, July 12, 2024
a)
				In addition to any other action authorized by the Mobile Home Park Act, the
				Manufactured Home Quality Assurance Act, the Manufactured Home Installation
				Code or this Part, if the Department finds violations at manufactured housing
				communities requiring licensure under the Mobile Home Park Act, the Department
				shall issue a written report or notice of the violations. In accordance with
				subsections (b), (c) and (d), each violation shall be categorized as either
				Type A, Type B, or Type C.
b) Type
				A Violation. The situation, condition or practice constituting a Type A
				violation shall be abated immediately, unless a fixed period of time, not
				exceeding 10 days, as determined by the Department and specified in the notice
				of violation or inspection report, is required for correction.
c) Type B Violation. A facility served with a
				notice of a Type B violation shall have 10 days after receipt of the notice to
				submit a plan of correction to the Department. The Department may extend the
				submission period when the corrective action involves significant capital
				expenditures. The plan shall include a fixed time period within which
				violations shall be corrected. If the Department rejects the plan of
				correction, it shall send notice of the rejection and the reason for the
				rejection to the facility. The facility shall have 10 days after receipt of the
				notice of rejection to submit a modified plan. If the modified plan is not
				timely submitted or if the modified plan is rejected, the facility shall follow
				an approved plan of correction imposed by the Department.
d) Type C violations. Type C violations
				include violations that may result in serious injury or death of patrons,
				employees, or the general public. Upon finding a Type C violation at a
				manufactured housing community, the Department will immediately take such
				actions as necessary to protect public health, which may include ordering the
				immediate closure of the facility, ordering the abatement of dangerous
				conditions, or ordering the cessation of any dangerous or improper
				practice.
e) Annotations and
				Penalties
1) Sections of this Part are
				annotated with "(Type A Violation)", "(Type B Violation)", or "(Type C
				Violation)", denoting the type of violation associated with that
				Section.
2) Type A violations shall
				carry no penalty provided they are corrected immediately, unless a fixed period
				of time, not exceeding 10 days, as determined by the Department and specified
				in the notice of violation or inspection report, is required for correction. If
				Type A violations are not corrected, they will be deemed Type B violations.
				Type B violations shall be assessed a penalty of $25 per violation per day for
				each day the violation persists. Type C violations shall be assessed a penalty
				of $100 per violation per day for each day the violation persists, in addition
				to any other penalties provided for by law.