Illinois General Assembly - Full Text of HB4711
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Full Text of HB4711  100th General Assembly


Rep. Peter Breen

Filed: 2/26/2018





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2    AMENDMENT NO. ______. Amend House Bill 4711 on page 2,
3immediately after line 10, by inserting the following:
4    "Section 10. The Township Code is amended by changing
5Section 110-65 as follows:
6    (60 ILCS 1/110-65)
7    Sec. 110-65. Violations; remedies; misdemeanor.
8    (a) If any building or structure is erected, constructed,
9reconstructed, altered, repaired, converted, or maintained (or
10any building, structure, or land is used) in violation of this
11Article or of any ordinance, resolution, or other regulation
12made under this Article, the proper authorities of the
13township, or any person the value or use of whose property is
14or may be affected by the violation, in addition to other
15remedies, may institute any appropriate action or proceedings
16(i) to prevent the unlawful erection, construction,



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



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



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