(a) In an administrative review action under Article III of this Code, if the court reverses the decision of a municipal code hearing officer in an action set forth under subsection (c) of this Section, then the court may award the plaintiff all reasonable costs, including court costs and attorney's fees, associated with the action if the court finds that: (i) the decision of the hearing officer was arbitrary and capricious; or (ii) the defendant failed to file a record under Section 3-108 of this Code that is sufficient to allow the court to determine whether the decision of the hearing officer was arbitrary and capricious.
5-120.5.Administrative review, code compliance.
Article V. Costs · Last amended 2015 · Last verified July 20, 2026
In one sentenceLets a court award attorney's fees and costs to a homeowner who overturns an arbitrary municipal code fine on administrative review, or to the municipality if the challenge was groundless, but only for fines on single-family or multi-family owners in municipalities of 500,000 or fewer residents.
Full Text of 735 ILCS 5/5-120.5
(b) The court may award the municipality reasonable costs, including court costs and attorney's fees, if the court finds that the plaintiff's action under Article III of this Code for administrative review of a decision by the municipal code hearing officer is not reasonably well grounded in fact, is not warranted by existing law, or is not accompanied by a reasonable argument for the extension, modification, or reversal of existing law.
(c) This Section applies only to the decision of a code hearing officer that imposes a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation related to the condition or use of that residential property. This Section does not apply to any administrative decision of a municipality with a population of more than 500,000.
(d) The provisions of this Section are mutually dependent and inseverable; if any provision is held invalid, then the entire Section is invalid.
Plain-English Summary
This section adds a fee-shifting rule to a narrow slice of administrative review cases: challenges to fines or penalties imposed by a municipal code hearing officer. Under subsection (a), if the court reverses that hearing officer's decision, it may award the plaintiff reasonable costs, including court costs and attorney's fees, if it finds either that the hearing officer's decision was arbitrary and capricious, or that the defendant failed to file a record under Section 3-108 sufficient to let the court determine that.
Subsection (b) runs the same idea the other way. The court may award the municipality reasonable costs, including court costs and attorney's fees, if it finds the plaintiff's administrative review action wasn't reasonably grounded in fact, wasn't warranted by existing law, or wasn't accompanied by a reasonable argument for extending, modifying, or reversing existing law.
Subsection (c) limits the section's reach. It applies only to a code hearing officer's decision imposing a fine or penalty against the owner of a single-family or multi-family residential dwelling for a violation related to the property's condition or use, and it doesn't apply to any administrative decision of a municipality with a population over 500,000. Subsection (d) makes the section's provisions mutually dependent and inseverable, so if any part is held invalid, the entire section falls.
Frequently Asked Questions
When can a court award the plaintiff attorney's fees under this section?
If the court reverses the code hearing officer's decision and finds it was arbitrary and capricious, or finds the defendant failed to file a record under Section 3-108 sufficient to let the court make that determination.
When can the municipality recover its fees instead?
If the court finds the plaintiff's administrative review action wasn't reasonably grounded in fact, wasn't warranted by existing law, or wasn't backed by a reasonable argument to extend, modify, or reverse existing law.
What kind of code violations does this section cover?
Decisions of a municipal code hearing officer imposing a fine or penalty against the owner of a single-family or multi-family residential dwelling, for a violation related to the condition or use of that property.
Does this section apply to every municipality in Illinois?
No. It doesn't apply to any administrative decision of a municipality with a population of more than 500,000.
What happens if part of this section is found invalid?
Under subsection (d), the entire section is invalid, because its provisions are declared mutually dependent and inseverable.
Amendment History
(Source: P.A. 98-1105, eff. 1-1-15.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as: municipal code violation attorney fees illinoisadministrative review costs illinoiscode hearing officer fee shifting illinoisarbitrary and capricious decision costs illinois