HB3407 97TH GENERAL ASSEMBLY

LRB097 10570 KMW 50923 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3407

Introduced 2/24/2011, by Rep. Marlow H. Colvin

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-12017	from Ch. 34, par. 5-12017
60 ILCS 1/110-65
65 ILCS 5/11-60-2	from Ch. 24, par. 11-60-2

Amends the Counties Code, Township Code, and the Illinois Municipal Code. Provides that the proper authorities of the county, township, or municipality where a nuisance is located may take measures to abate the nuisance, including but not limited to, hiring a contractor to fix the violation. The property owner of record where the nuisance is located shall reimburse the county, township, or municipality for expenses related to the abatement, and if the property owner does not pay the costs, the unpaid amount shall be placed on the property owners's property tax statement, to be collected by the county, township, or municipality.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by changing Section 5-12017 as follows:

(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)

Sec. 5-12017. Violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this Division or of any ordinance, resolution or other regulation made under authority conferred thereby, the proper authorities of the county or of the township in which the building, structure, or land is located, or any person the value or use of whose property is or may be affected by such violation, in addition to other remedies, may institute any appropriate action or proceedings in the circuit court to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business, or use in or about such premises.

Any person who violates the terms of any ordinance adopted under the authority of this Division shall be guilty of a petty offense punishable by a fine not to exceed $500, with each week the violation remains uncorrected constituting a separate offense.

After bringing action, the proper authorities of the county where the nuisance is located may take measures to abate the nuisance, including but not limited to, hiring a contractor to fix the violation. The property owner of record where the nuisance is located shall reimburse the county for expenses related to the abatement, and if the property owner does not pay the costs, the unpaid amount shall be placed on the property owners's property tax statement, to be collected by the county.

(Source: P.A. 92-347, eff. 8-15-01.)

Section 10. The Township Code is amended by changing Section 110-65 as follows:

(60 ILCS 1/110-65)

Sec. 110-65. Violations; remedies; misdemeanor.

(a) If any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained (or any building, structure, or land is used) in violation of this Article or of any ordinance, resolution, or other regulation made under this Article, the proper authorities of the township, or any person the value or use of whose property is or may be affected by the violation, in addition to other remedies, may institute any appropriate action or proceedings (i) to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, (ii) to restrain, correct, or abate the violation, (iii) to prevent the occupancy of the building, structure, or land, or (iv) to prevent any illegal act, conduct, business, or use in or about the premises.

(b) The violation of the terms of any ordinance adopted under this Article shall be deemed a Class B misdemeanor.

(c) After bringing action, the proper authorities of the township where the nuisance is located may take measures to abate the nuisance, including but not limited to, hiring a contractor to fix the violation. The property owner of record where the nuisance is located shall reimburse the township for expenses related to the abatement, and if the property owner does not pay the costs, the unpaid amount shall be placed on the property owners's property tax statement, to be collected by the township.

(Source: P.A. 79-1359; 88-62.)

Section 15. The Illinois Municipal Code is amended by changing Section 11-60-2 as follows:

(65 ILCS 5/11-60-2) (from Ch. 24, par. 11-60-2)

Sec. 11-60-2. The corporate authorities of each municipality may define, prevent, and abate nuisances. The corporate authorities of each municipality may take measures to abate a nuisance, including but not limited to, hiring a contractor to fix the violation. The property owner of record where the nuisance is located shall reimburse the municipality for expenses related to the abatement, and if the property owner does not pay the costs, the unpaid amount shall be placed on the property owners's property tax statement, to be collected by the municipality.

(Source: Laws 1961, p. 576.)