Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB4711  100th General Assembly

HB4711eng 100TH GENERAL ASSEMBLY

  
  
  

 


 
HB4711 EngrossedLRB100 17388 AWJ 32553 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-12017 as follows:
 
6    (55 ILCS 5/5-12017)  (from Ch. 34, par. 5-12017)
7    Sec. 5-12017. Violations. In case any building or structure
8is erected, constructed, reconstructed, altered, repaired,
9converted or maintained or any building, structure or land is
10used in violation of this Division or of any ordinance,
11resolution or other regulation made under authority conferred
12thereby, the proper authorities of the county or of the
13township in which the building, structure, or land is located,
14or any person the value or use of whose property is or may be
15affected by such violation, in addition to other remedies, may
16institute any appropriate action or proceedings in the circuit
17court to prevent such unlawful erection, construction,
18reconstruction, alteration, repair, conversion, maintenance or
19use, to restrain, correct, or abate such violation, to prevent
20the occupancy of said building, structure or land or to prevent
21any illegal act, conduct, business, or use in or about such
22premises.
23    Any person who violates the terms of any ordinance adopted

 

 

HB4711 Engrossed- 2 -LRB100 17388 AWJ 32553 b

1under the authority of this Division shall be guilty of a petty
2offense punishable by a fine not to exceed $500, with each week
3the violation remains uncorrected constituting a separate
4offense.
5    Except in relation to county-owned property, this Section
6does not authorize any suit against a county or its officials
7for any act relating to the administration, enforcement, or
8implementation of this Division or any ordinance, resolution,
9or other regulation adopted pursuant to this Division.
10(Source: P.A. 92-347, eff. 8-15-01.)
 
11    Section 10. The Township Code is amended by changing
12Section 110-65 as follows:
 
13    (60 ILCS 1/110-65)
14    Sec. 110-65. Violations; remedies; misdemeanor.
15    (a) If any building or structure is erected, constructed,
16reconstructed, altered, repaired, converted, or maintained (or
17any building, structure, or land is used) in violation of this
18Article or of any ordinance, resolution, or other regulation
19made under this Article, the proper authorities of the
20township, or any person the value or use of whose property is
21or may be affected by the violation, in addition to other
22remedies, may institute any appropriate action or proceedings
23(i) to prevent the unlawful erection, construction,
24reconstruction, alteration, repair, conversion, maintenance,

 

 

HB4711 Engrossed- 3 -LRB100 17388 AWJ 32553 b

1or use, (ii) to restrain, correct, or abate the violation,
2(iii) to prevent the occupancy of the building, structure, or
3land, or (iv) to prevent any illegal act, conduct, business, or
4use in or about the premises.
5    (b) The violation of the terms of any ordinance adopted
6under this Article shall be deemed a Class B misdemeanor.
7    (c) Except in relation to township-owned property, this
8Section does not authorize any suit against a township or its
9officials for any act relating to the administration,
10enforcement, or implementation of this Article or any
11ordinance, resolution, or other regulation adopted pursuant to
12this Article.
13(Source: P.A. 79-1359; 88-62.)
 
14    Section 15. The Illinois Municipal Code is amended by
15changing Section 11-13-15 as follows:
 
16    (65 ILCS 5/11-13-15)  (from Ch. 24, par. 11-13-15)
17    Sec. 11-13-15. In case any building or structure, including
18fixtures, is constructed, reconstructed, altered, repaired,
19converted, or maintained, or any building or structure,
20including fixtures, or land, is used in violation of an
21ordinance or ordinances adopted under Division 13, 31 or 31.1
22of the Illinois Municipal Code, or of any ordinance or other
23regulation made under the authority conferred thereby, the
24proper local authorities of the municipality, or any owner or

 

 

HB4711 Engrossed- 4 -LRB100 17388 AWJ 32553 b

1tenant of real property, within 1200 feet in any direction of
2the property on which the building or structure in question is
3located who shows that his property or person will be
4substantially affected by the alleged violation, in addition to
5other remedies, may institute any appropriate action or
6proceeding (1) to prevent the unlawful construction,
7reconstruction, alteration, repair, conversion, maintenance,
8or use, (2) to prevent the occupancy of the building,
9structure, or land, (3) to prevent any illegal act, conduct,
10business, or use in or about the premises, or (4) to restrain,
11correct, or abate the violation. When any such action is
12instituted by an owner or tenant, notice of such action shall
13be served upon the municipality at the time suit is begun, by
14serving a copy of the complaint on the chief executive officer
15of the municipality, no such action may be maintained until
16such notice has been given.
17    In any action or proceeding for a purpose mentioned in this
18section, the court with jurisdiction of such action or
19proceeding has the power and in its discretion may issue a
20restraining order, or a preliminary injunction, as well as a
21permanent injunction, upon such terms and under such conditions
22as will do justice and enforce the purposes set forth above.
23    If an owner or tenant files suit hereunder and the court
24finds that the defendant has engaged in any of the foregoing
25prohibited activities, then the court shall allow the plaintiff
26a reasonable sum of money for the services of the plaintiff's

 

 

HB4711 Engrossed- 5 -LRB100 17388 AWJ 32553 b

1attorney. This allowance shall be a part of the costs of the
2litigation assessed against the defendant, and may be recovered
3as such.
4    An owner or tenant need not prove any specific, special or
5unique damages to himself or his property or any adverse effect
6upon his property from the alleged violation in order to
7maintain a suit under the foregoing provisions.
8    Except in relation to municipality-owned property, this
9Section does not authorize any suit against a municipality or
10its officials for any act relating to the administration,
11enforcement, or implementation of this Division or any
12ordinance, resolution, or other regulation adopted pursuant to
13this Division.
14(Source: P.A. 80-419.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.