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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 55 ILCS 5/5-12002.1 (55 ILCS 5/5-12002.1) Sec. 5-12002.1. Hazardous dilapidated motor vehicles. (a) The General Assembly hereby finds that the proliferation of hazardous dilapidated motor vehicles constitutes a hazard to the health, safety, and welfare of the public, and that addressing the problems caused by such abandoned dilapidated vehicles constitutes a compelling and fundamental governmental interest. The General Assembly also finds that the only effective method of dealing with the problem is to promulgate a comprehensive scheme to expedite the towing and disposal of such vehicles. (b) As used in this Section, "hazardous dilapidated motor vehicle" means any motor vehicle with a substantial number of essential parts, as defined by Section 1-118 of The Illinois Vehicle Code, either damaged, removed, or altered or otherwise so treated that the vehicle is incapable of being driven under its own motor power or, which by its general state of deterioration, poses a threat to the public's health, safety, and welfare. "Hazardous dilapidated motor vehicle" shall not include a motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. The owner of a vehicle towed under the provisions of this Section shall be entitled to any hearing or review of the towing of the vehicle as provided by State or local law. (c) A county board may by ordinance declare all inoperable motor vehicles, whether on public or private property and in view of the general public, to be hazardous dilapidated motor vehicles, and may authorize a law enforcement agency, with applicable jurisdiction, to remove immediately, any hazardous dilapidated motor vehicle or parts thereof. The ordinance shall include a requirement that notice must be sent by certified mail to either the real property owner of record or the vehicle owner at least 10 days prior to removal. Nothing in this Section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking, selling, or junking of motor vehicles.
(Source: P.A. 97-779, eff. 7-13-12.) |
55 ILCS 5/5-12003
(55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
Sec. 5-12003.
Special flood hazard areas.
In those areas within the
territory of a county with a population in excess of 500,000 and fewer
than 3 million inhabitants, and outside any city, village or incorporated
town, which are identified as "Special Flood Hazard Areas" under the terms
and provisions of any ordinance adopted under this Division, the
unauthorized excavation or filling of such an area by any person shall
cause the county board to apply to the circuit court in that county for an
order to remove the fill and restore the parcel to its natural elevation in
order to lessen or avoid the imminent threat to the public health, safety
or welfare and damage to property resulting from the accumulation or
run-off of storm or flood waters. Where, upon diligent search, the
identity or whereabouts of the owner of any such parcel, including lien
holders of record, are not ascertainable, notice mailed to the person in
whose name such real estate was last assessed for taxes, as shown
by the county collector's books, constitutes sufficient notice under this
Section. The hearing upon such application to the circuit court shall be
expedited by the court and given precedence over all other suits. The cost
of removal or restoration incurred by the county board is recoverable from
the owner of such real estate and is a lien thereon, which lien is superior
to all prior existing liens and encumbrances, except taxes; provided that
within 60 days after such removal of fill or restoration of the parcel to
its natural elevation, the county board shall file notice of lien
for such cost and expense incurred in the office of the recorder of the
county. The notice
must consist of a sworn statement setting out (1) a description of the real
estate sufficient for identification thereof, (2) the amount of money
representing the cost and expense incurred, and (3) the date on which the
cost was incurred by the county. Upon payment of the costs and expenses by
the owner or persons interested in the property, the lien shall be released
by the county in whose name the lien has been filed and the release may be
filed of record. The lien may be enforced by proceedings of foreclosure as
in the case of mortgages or mechanics' liens, which action must be
commenced within 3 years after the date of filing notice of lien.
(Source: P.A. 90-14, eff. 7-1-97.)
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55 ILCS 5/5-12004
(55 ILCS 5/5-12004) (from Ch. 34, par. 5-12004)
Sec. 5-12004.
Abandonment of vehicles prohibited.
(a)
The abandonment of a vehicle or any part thereof on any county highway in
any county with 500,000 or more inhabitants, but fewer than 3,000,000, is
unlawful and a petty offense punishable by a fine not to exceed $500.
(b) The abandonment of a vehicle or any part thereof on private or
public property other than a highway in view of the general public,
anywhere in such a county, is unlawful except on property of the owner or
bailee of such abandoned vehicle. A vehicle or any part thereof so
abandoned on private property shall be authorized for removal by the
official so designated by ordinance of the county board after a waiting
period of 7 days or more. A violation of this subsection (b) is a petty
offense punishable by a fine not to exceed $500.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12005
(55 ILCS 5/5-12005) (from Ch. 34, par. 5-12005)
Sec. 5-12005.
Abandoned, lost, stolen or unclaimed vehicles.
In any
county with 500,000 or more inhabitants, but fewer than 3,000,000, when an
abandoned, lost, stolen or unclaimed vehicle comes into the temporary
possession or custody of a person, not the owner of the vehicle, such
person shall immediately notify the administrative official in the county
who is charged with the enforcement of any ordinance adopted pursuant to
this Division. Upon receipt of such notification, the administrative
official shall authorize a towing service to remove and take possession of
the abandoned, lost, stolen or unclaimed vehicle and its contents and
maintain a record of the tow as set forth in Section 4-204 of The Illinois
Vehicle Code until the vehicle is claimed by the owner or any person
legally entitled to possession thereof or until it is disposed of as
provided in The Illinois Vehicle Code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12006
(55 ILCS 5/5-12006) (from Ch. 34, par. 5-12006)
Sec. 5-12006. Vehicle removal. (a) In any county with 500,000 or more
inhabitants, but fewer than 3,000,000, when a vehicle is abandoned or left
unattended on a highway other than a toll highway, interstate highway, or
expressway, outside of an urban district for 24 hours or more, its removal
by a towing service may be authorized by the administrative official
charged with such duty.
(b) When a vehicle removal from either public or private property is
authorized, the owner of the vehicle shall be responsible for all towing costs.
Vehicles removed from public or private property and stored by a
commercial vehicle relocator or any other towing service in compliance
with the Illinois Vehicle Code shall be subject to a possessory lien for
services pursuant to "An Act concerning liens for labor, services, skill or
materials furnished upon or storage furnished for chattels", filed July 24,
1941, as amended and the
provision of Section 1 of that Act relating to notice and implied consent
shall be deemed satisfied by compliance with Section 18a-302 and subsection
(6) of Section 18a-300 of The Illinois Vehicle Code. In no event shall
such lien be greater than the rate established in accordance with
subsection (3) of Section 18a-200 of The Illinois Vehicle Code. In no
event shall such lien be increased or altered to reflect any charge for
services or materials rendered in addition to those authorized by this
Division. Every such lien shall be payable by use of any major
credit card, in addition to being payable in cash.
(c) When a vehicle is authorized to be towed away under this Division, the
administrative official authorizing the towing shall keep and maintain a
record of the vehicle towed, listing the color, year of manufacture,
manufacturer's trade name, manufacturer's series name, body style, vehicle
identification number, license plate year and number and registration
sticker or digital registration sticker year and number displayed on the vehicle. The record shall also
include the date and hour of tow, location towed from, location towed to,
reason for towing and the name of the officer authorizing the tow.
The administrative official authorizing the towing shall further follow
the procedures for notification of record owner or other legally entitled
person, or if such person cannot be identified, procedures for
tracing vehicle ownership by the Illinois State Police as set forth in The
Illinois Vehicle Code and procedures for disposing of unclaimed vehicles
with or without notice.
(Source: P.A. 101-395, eff. 8-16-19.)
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55 ILCS 5/5-12007
(55 ILCS 5/5-12007) (from Ch. 34, par. 5-12007)
Sec. 5-12007.
Zoning commission; proposed ordinance.
The county
board in counties which desire to exercise the powers conferred by this
Division shall provide for a zoning commission of
not less than 3 nor more than 9 members whose duty it shall be to
recommend the boundaries of districts and appropriate regulations to be
enforced therein, such commission to be appointed by the chairman or
president of the county board, subject to confirmation by the county
board. The members of the zoning commission shall be compensated on a
per diem basis with a mileage allowance for travel, the amounts to be
determined by the county board. Such commission shall prepare a
tentative report and a proposed zoning ordinance or resolution for the
entire county outside the limits of cities, villages and incorporated
towns which have in effect municipal zoning ordinances. After the
preparation of such tentative report and ordinance or resolution, the
commission shall hold hearings thereon and shall afford persons
interested an opportunity to be heard. A hearing shall be held in each
township or road district affected by the terms of such proposed
ordinance or resolution. Notice of each hearing shall be published at
least 15 days in advance thereof in a newspaper of general circulation
published in the township or road district in which such property is
located. If no newspaper is published in such township or road district,
then such notice shall be published in a newspaper of general
circulation published in the county and having circulation where such
property is located. Such notice shall state the time and place of the
hearing and the place where copies of the proposed ordinance or
resolution will be accessible for examination by interested parties.
Such hearings may be adjourned from time to time. If any municipality
having a zoning ordinance wishes to protest the proposed county zoning
provisions for the area within one and one-half miles of its corporate
limits, it shall appear at a hearing and submit in writing specific
proposals to the commission for zoning such territory. If the Board of
Trustees of any township located in a county with a population of less than
1,000,000 wishes to protest the proposed zoning of property in the
unincorporated area of the township, it shall appear at a hearing and
submit in writing specific proposals to the commission for zoning such
territory. If the commission approves of such proposals they shall be
incorporated within the report of the commission and its proposed ordinance.
Within 30 days after the final adjournment of such hearings the
commission shall make a final report and submit a proposed ordinance or
resolution to the county board. The county board may enact the
ordinance or resolution with or without change, or may refer it back to
the commission for further consideration. If a township located within
a county with a population of less than 600,000 has a plan commission
and the plan commission objects to the proposed zoning of property in the
unincorporated areas of the township, the township board of trustees may
submit its written objections to the county board within 30 days after the
submission of a proposed zoning ordinance or resolution by the County Zoning
Commission to the county board. In such case, the county board shall not
adopt zoning provisions which affect the unincorporated areas of the township,
except by the favorable vote of 3/4 of all the members of the county board.
If the proposals made by a municipality as provided above in this Section
are not incorporated in their entirety into the ordinance proposed to be
enacted by the county board, the county board shall not enact the proposed
zoning of such area within one and one-half miles of such municipality
except by a three-fourths vote of all members. The zoning commission shall
cease to exist, upon the adoption of a zoning ordinance or resolution for
such county.
In the preparation of its report and proposed zoning ordinance or
resolution the commission may incur such expenditures as shall be
authorized by the county board. The provisions of the amendatory Act of
1963 (Laws 1963, p. 297) shall apply only to the initial and original
proposed county zoning ordinance and shall not apply to any subsequent
amendments or revisions of such county zoning ordinance once adopted or to
the supplanting of such county zoning ordinance with an entirely new zoning
ordinance; provided, that any zoning ordinance or resolution heretofore
enacted which excludes municipalities subject to regulation shall be
amended or modified, in the manner hereinabove prescribed for original
enactment, to make provision to include any such municipality.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 89-272, eff. 8-10-95.)
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55 ILCS 5/5-12008
(55 ILCS 5/5-12008) (from Ch. 34, par. 5-12008)
Sec. 5-12008.
Enforcement of ordinances or resolutions.
All
ordinances or resolutions passed under the terms of this Division
shall be enforced by such officer of the county as may be designated by
ordinance or resolution. The ordinance or resolution may require that for
any class or classes of districts created thereby, applications be made for
permits to erect buildings or structures, or to alter or remodel existing
buildings or structures, and may vest in the officer designated to enforce
the ordinance or resolution, the power to make orders, requirements,
decisions and determinations with respect to applications for such permits
and with respect to the enforcement of the terms of the ordinance or
resolution.
(Source: P.A. 86-962.)
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55 ILCS 5/5-12009
(55 ILCS 5/5-12009) (from Ch. 34, par. 5-12009)
Sec. 5-12009.
Variation by board of appeals.
The regulations by this
Division authorized may provide that a
board of appeals may determine and vary their application in harmony
with their general purpose and intent and in accordance with general or
specific rules therein contained in cases where there are practical
difficulties or particular hardship in the way of carrying out the
strict letter of any of such regulations relating to the use,
construction or alteration of buildings or structures or the use of
land; or the regulations by this Division authorized may provide that the
county board may, by ordinance or resolution determine and vary their
application in harmony with their general purpose and intent and in
accordance with general or specific rules therein contained in cases
where there are practical difficulties or particular hardship in the way
of carrying out the strict letter of any such regulations relating to
the use, construction or alteration of buildings or structures or the
use of land; however, no such variation shall be made by such county
board without a hearing before the board of appeals
unless the variation sought is a variation of ten percent or less of
the regulations by this Division authorized as to location of structures or as
to bulk requirements under such regulations, in which case no
public hearing is required and such variation may be granted by the
administrative official charged with the enforcement of any ordinance or
resolution adopted pursuant to this Division. Provided, however, that before
such variation may be granted, a notice of the intent to grant such variation
shall be sent by certified mail to all adjoining landowners. If any adjoining
landowner files a written objection with the administrative official within
15 days of receipt of such notice, the variation shall only be considered
by the board of appeals in the manner provided in this Section. All other
variations sought shall be made only by ordinance, resolution or otherwise
in a specific case and after a public hearing before a board of appeals of
which there shall be at least 15 days notice of the date, time and place of
such hearing published in a newspaper of general circulation published in
the township or road district in which such property is located. If no
newspaper is published in such township or road district, then such notice
shall be published in a newspaper of general circulation published in the
county and having circulation where such property is located. The notice
shall contain: (1) the particular location of the real estate for which the
variation is requested by legal description and street address, and if no
street address then by locating such real estate with reference to any
well-known landmark, highway, road, thoroughfare or intersection; (2)
whether or not the petitioner or applicant is acting for himself or in the
capacity of agent, alter ego, or representative of a principal, and stating
the name and address of the actual and true principal; (3) whether
petitioner or applicant is a corporation, and if a corporation, the correct
names and addresses of all officers and directors, and of all stockholders
or shareholders owning any interest in excess of 20% of all outstanding
stock of such corporation; (4) whether the petitioner or applicant, or his
principal if other than applicant, is a business or entity doing business
under an assumed name, and if so, the name and residence of all true and
actual owners of such business or entity; (5) whether the petitioner or
applicant is a partnership, joint venture, syndicate or an unincorporated
voluntary association, and if so, the names and addresses of all partners,
joint venturers, syndicate members or members of the unincorporated
voluntary association; and (6) a brief statement of what the proposed
variation consists.
The costs or charges of the publication notice by this Section
required shall be paid by the petitioner or applicant.
Where a variation is to be made by ordinance or resolution, upon the
report of the board of appeals such county board may by ordinance or
resolution without further public hearing adopt any proposed variation
or may refer it back to the board of appeals for further consideration
and any proposed variation which fails to receive the approval of the
board of appeals shall not be passed except by the favorable vote of
3/4 of all the members of the county board, but in counties in which the
county board consists of 3 members only a 2/3 vote is required. Every such
variation, whether made by the board of appeals directly or by ordinance
or resolution after a hearing before a board of appeals shall be
accompanied by a finding of fact specifying the reason for making such
variation.
If a township located within a county with a population of less than 600,000
or more than 3,000,000 has a plan commission, and the plan
commission objects to a zoning
variation which affects unincorporated areas of the township, the township
board of trustees within 15 days after the public hearing before the board
of appeals on such zoning variation, may submit its written objections to
the county board of the county where the unincorporated areas of the
township are located. In such case, the county board shall not approve the
zoning variation, except by the favorable vote of 3/4 of all members of the
county board.
Appeals from final zoning decisions of the County Board must be filed
within one year unless a shorter filing period is required by another law.
(Source: P.A. 91-738, eff. 1-1-01.)
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55 ILCS 5/5-12009.5
(55 ILCS 5/5-12009.5)
Sec. 5-12009.5.
Special uses.
(a) The county board may, by an ordinance passed under this Division,
provide
for
the classification of special uses. Those uses may include, but are not
limited to, public and quasi-public uses affecting the public interest;
uses that have a unique, special, or unusual impact upon the use or enjoyment
of neighboring property; and uses that affect planned development. A use may
be permitted in one or more zoning districts and may be a special use in one or
more other zoning districts.
(b) A special use may be granted only after a public hearing conducted by
the
board of
appeals. There must be at least 15 days' notice before the hearing. The
notice
must include the time, place, and date of the hearing and must be published in
a
newspaper published in the township or road district where the property is
located. If there is no newspaper published in the township or road district
where the property is located,
the notice must be published in a newspaper of general circulation in the
county. The notice must also contain (i) the particular location of the
property for which the special use is requested by legal
description and by street address, or if there is no street address, by
locating the property with reference to any well-known landmark, highway,
road, thoroughfare, or intersection; (ii) whether the petitioner or
applicant is acting for himself or herself or as an agent, alter ego, or
representative of a principal and the name and address of the principal; (iii)
whether the petitioner or applicant is a corporation, and if so, the correct
names and addresses of all officers and
directors of the corporation and of all stockholders or shareholders owning any
interest in excess
of 20% of all of the
outstanding stock or shares of the corporation; (iv) whether the petitioner or
applicant, or his or her principal, is a business or entity doing business
under an assumed name, and if so, the name and residence of all actual
owners of the business or entity; (v) whether the petitioner or applicant,
or his or her principal, is a
partnership, joint venture, syndicate, or an unincorporated voluntary
association, and if so, the names and addresses of all partners or members of
the partnership, joint venture, syndicate, or unincorporated voluntary
association; and
(vi) a brief statement of the proposed special use.
In addition to any other notice required by this Section, the board of
appeals must give at least 15 days' notice before the hearing to (i)
any
municipality whose boundaries are within 1-1/2 miles of any part of the
property proposed as a special use and (ii) the owner or owners of any land
adjacent to or immediately across any street,
alley, or public right-of-way from the property proposed as a special use.
The petitioner or applicant must pay the cost of the publication
of the notice required by this Section.
(c) A special use may be granted only upon evidence that the special use
meets
the standards established for that classification in the ordinance. The
special use may be subject to conditions
reasonably necessary to meet those standards.
(d) The board of appeals shall
report to the county board a finding of fact and a recommendation as to whether
the
county board should deny, grant, or grant subject to conditions the special
use. The county board may, by ordinance and without a further public hearing,
adopt any proposed special use on receiving the report or it may refer the
proposal back to the board of appeals for further consideration.
(e) The county board may, by ordinance, delegate to the board of appeals the
authority to grant special uses subject to the restrictions and requirements
of this Section. The ordinance may delegate the authority to grant all
special uses or to grant only certain classes of special uses while reserving
to the county board the authority to grant other classes of special uses. If
the county board enacts an ordinance delegating its authority, the board of
appeals must, after conducting the required public hearing,
issue a finding of fact and final decision in writing on the proposed special
use.
(Source: P.A. 90-175, eff. 1-1-98; 91-334, eff. 7-29-99.)
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