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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.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-28003
(55 ILCS 5/5-28003) (from Ch. 34, par. 5-28003)
Sec. 5-28003.
Directors.
When in any county such proposition for
the levy of a tax for a county Soldiers' and Sailors' Burial Fund has been
adopted, the chairman of the county board of such county shall, with the
approval of the county board, proceed to appoint a board of three
directors, all of whom shall be chosen with reference to their special
fitness for such office, to have charge of the undertakings and activities
contemplated by this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28004
(55 ILCS 5/5-28004) (from Ch. 34, par. 5-28004)
Sec. 5-28004.
Terms of office.
One of the
directors shall hold office for one year, another for
two years, and another for three years, from the first day of July
following their appointment, but each until his successor is appointed and
at their first regular meeting they shall cast for the respective terms.
Annually thereafter the presiding officer of the county board, with the
advice and consent of the county board, shall, before the first day of July
of each year appoint, as before, one director, who shall hold office for
three years and until his successor is appointed. The presiding officer of
the county board, by and with the consent of the county board may, remove
any director for misconduct or neglect of duty.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28005
(55 ILCS 5/5-28005) (from Ch. 34, par. 5-28005)
Sec. 5-28005.
Vacancies; compensation.
Vacancies in the board of
directors occasioned by removal, resignation, or otherwise, shall be
reported to the county board and be filled in like manner as original
appointments. No director shall receive compensation as such, or be
interested, either directly, or indirectly, in the purchase or sale of any
property or supplies to be used in carrying out the purpose of this Division.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28006
(55 ILCS 5/5-28006) (from Ch. 34, par. 5-28006)
Sec. 5-28006.
Powers and duties.
The directors shall, immediately
after appointment, meet and organize, by the election of one of their
number as president and one as secretary. They shall make and adopt such
by-laws, rules and regulations for their own guidance and for the
government of the soldiers' and sailors' burial grounds of the county and
auxiliary institutions and activities connected therewith, as may be
expedient and not inconsistent with this Division. They shall have the
exclusive control of the expenditure of all moneys appropriated from the
Soldiers' and Sailors' Burial Fund, and of the laying out of sites for
burial purposes, the construction of any cemetery buildings, or other
necessary auxiliary institutions and of the activities in connection
therewith, and of the supervision, care, and custody of the grounds and
buildings. The board of directors shall have the power to
purchase or lease ground within the limit of the county, and to occupy,
lease or erect appropriate cemetery buildings or other buildings, by and
with the approval of the county board. No cemetery site shall be purchased
or leased, however, until detailed plans therefor have been submitted to
the county board and have been approved by them. The board of directors
shall have the power to appoint suitable superintendents, care-takers and
all necessary assistants, and to fix their compensation, and shall also
have the power to remove such appointees.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28007
(55 ILCS 5/5-28007) (from Ch. 34, par. 5-28007)
Sec. 5-28007.
Donations; annual report.
The board
of directors, in the name of the county, may receive from
any person any contribution or donation of money or property and shall pay
over to the treasurer of such county for the Soldiers' and Sailors' Burial
Fund all moneys thus received, within one month after they are received and
shall take the receipt of the county treasurer therefor; and shall also, at
each regular meeting of the county board report to the county board the
names of all persons from whom any such contributions or donations have
been received, since the date of the last report, and the amount and nature
of the property so received from each, and the date when the same was
received. The board of directors shall make on or before the second Monday
in June of each year, an annual report to the county board, stating the
condition of the Soldiers' and Sailors' Burial Fund on the first day of
June of that year, the number of burials, and such other statistics,
information and suggestions as they may deem of general interest.
(Source: P.A. 86-962.)
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55 ILCS 5/5-28008
(55 ILCS 5/5-28008) (from Ch. 34, par. 5-28008)
Sec. 5-28008.
Payment of burial expenses.
The board of directors are
authorized to pay, out of the money which is appropriated to them from the
county Soldiers' and Sailors' Burial Fund, the funeral and burial expenses
of persons who come within the description in Section 5-28001, but in no
one case shall they pay for such purpose more than $75; and they are
authorized to buy and erect suitable headstones on the graves of such
persons. But no money shall be expended to pay the funeral and burial
expenses of any soldier or sailor who was an inmate of any soldiers' and
sailors' home at the time of his death.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-29
(55 ILCS 5/Div. 5-29 heading)
Division 5-29.
Code of Ordinances and Regulations
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55 ILCS 5/5-29001
(55 ILCS 5/5-29001) (from Ch. 34, par. 5-29001)
Sec. 5-29001. Authorization. A county board may, by resolution,
authorize the compilation, publication and maintenance of a county code
consisting of ordinances and regulations duly adopted by the county board.
(Source: P.A. 96-328, eff. 8-11-09.)
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55 ILCS 5/5-29002
(55 ILCS 5/5-29002) (from Ch. 34, par. 5-29002)
Sec. 5-29002.
Compilation of ordinances and regulations;
index. A county board adopting this Division shall authorize the State's
attorney, or any person or persons deemed by the county board to be qualified
to compile existing ordinances and regulations and to organize and index
said ordinances and regulations.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29003
(55 ILCS 5/5-29003) (from Ch. 34, par. 5-29003)
Sec. 5-29003.
Title of code.
The code of ordinances and regulations
shall be titled "The (County Name) County Code".
(Source: P.A. 86-962.)
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55 ILCS 5/5-29004
(55 ILCS 5/5-29004) (from Ch. 34, par. 5-29004)
Sec. 5-29004.
Adoption by resolution; effective date.
Once
the code has been compiled it shall be adopted by resolution
of the county board and shall be effective on the date so adopted.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29005
(55 ILCS 5/5-29005) (from Ch. 34, par. 5-29005)
Sec. 5-29005.
Record and memorandum.
The county clerk shall record,
in a book used exclusively for that purpose, all ordinances passed by the
county board. Immediately following each ordinance the county clerk shall
make a memorandum of the date of the passage and of the publication or
posting, where required, of the ordinance. This record and memorandum, or a
certified copy thereof, shall be prima facie evidence of the contents,
passage, and of the publication or posting of ordinances. Such book or
pamphlet shall not relieve a county board from publication of notices as
otherwise required by statute or court order.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29006
(55 ILCS 5/5-29006) (from Ch. 34, par. 5-29006)
Sec. 5-29006.
Certificate of county clerk.
The contents of county
ordinances, the date of passage, and the date of publication or posting,
where required, may be proved by the certificate of the county clerk.
Whenever county ordinances are printed in book or pamphlet form, and purport
to be published by authority of the county board, such book or pamphlet
shall be prima facie evidence of the contents, passage, and legal publication
of such ordinances, as of the dates mentioned in such book or pamphlet, in
all courts and administrative tribunals.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29007
(55 ILCS 5/5-29007) (from Ch. 34, par. 5-29007)
Sec. 5-29007.
Public review and inspection; sale.
The duly approved
county code shall be made available for public review and inspection in the
office of the county clerk. The county board may authorize the county
clerk to sell copies of the code to the public and may establish an
appropriate fee for that purpose.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29008
(55 ILCS 5/5-29008) (from Ch. 34, par. 5-29008)
Sec. 5-29008.
Republication of code.
The county code shall be updated
and republished annually or more frequently as the county board may direct.
The county board may authorize the State's attorney, or any person or
persons deemed by the county board to be qualified, to update the county code.
The county clerk shall cooperate fully with the person or persons designated
by the county board to update the county code.
(Source: P.A. 86-962.)
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55 ILCS 5/5-29009
(55 ILCS 5/5-29009) (from Ch. 34, par. 5-29009)
Sec. 5-29009.
Binding and effective as adopted by the county
board. Where ordinances or regulations are intentionally or inadvertently
omitted from the county code, such ordinances and regulations shall still
be binding and effective as adopted by the county board. However, when
ordinances and regulations are included in the county code, provisions of
the county code shall be binding and effective.
(Source: P.A. 86-962.)
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55 ILCS 5/Div. 5-30
(55 ILCS 5/Div. 5-30 heading)
Division 5-30.
County Historic Preservation
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55 ILCS 5/5-30001
(55 ILCS 5/5-30001) (from Ch. 34, par. 5-30001)
Sec. 5-30001.
Subtitle.
This Division shall be subtitled the
"Illinois County Historic Preservation Law".
(Source: P.A. 86-962.)
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55 ILCS 5/5-30002
(55 ILCS 5/5-30002) (from Ch. 34, par. 5-30002)
Sec. 5-30002.
Declaration of purpose.
The purpose of
this Division is to identify, protect, preserve, and provide for the
restoration, rehabilitation and continued use of buildings, structures,
objects, areas, sites, and landscapes that are of historic, archaeological,
architectural or scenic significance; to foster education, interest and
pride in the beauty and accomplishments of the past; to promote economic
development through protection and enhancement of resources important to
tourism and business; to conserve and improve the value of real property
and the property tax base; to insure orderly, efficient and harmonious
development; to encourage cooperation between municipalities and counties;
and to promote the general welfare.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30003
(55 ILCS 5/5-30003) (from Ch. 34, par. 5-30003)
Sec. 5-30003.
Definitions.
As used in this Division, the
following terms shall have the meanings ascribed to them as follows:
"Alteration". Any act or process that changes
one or more historic, architectural or physical features of an area, site,
landscape, place or structure, including, but not limited to, the erection,
construction, reconstruction, or removal of any structure; the expansion
or significant modification of agricultural activities; surface mining;
and clearing, grading or other modification of an area, site or landscape
that changes its current or natural condition.
"Architectural significance". Embodying the distinctive characteristics
of a type, period, style or method of construction or use of indigenous
construction, or representing the work of an important builder, designer,
architect, or craftsman who has contributed to the development of the
community, county, State or country.
"Archaeological significance". Importance as an area, site, place or
landscape that has yielded or is likely to yield information concerning
past patterns of human settlement, or artifacts or information concerning
previous cultures in Illinois or previous periods of the present culture.
Areas, sites or landscapes of archaeological significance may include, but
are not limited to, aboriginal mounds, forts, earthworks, burial grounds,
historic or prehistoric ruins, locations of villages, mine excavations or
tailings, or other locations.
"Building". Any structure designed or constructed for residential,
commercial, industrial, agricultural or other use.
"Certificate of Appropriateness". A certificate issued by a preservation
commission indicating its approval of plans for alteration, construction,
demolition, or removal affecting a nominated or designated landmark or property
within a nominated or designated preservation district.
"Certificate of Economic Hardship". A certificate issued by a Preservation
Commission authorizing an alteration, construction, removal or demolition
even though a Certificate of Appropriateness has previously been denied
or may be denied.
"Commissioners". Members of a Preservation Commission.
"Conservation Right". A term that includes easements, covenants, deed
restrictions or any other type of less than full fee simple interest as
that term is defined in Section 1 of "An Act relating to conservation
rights in real property", approved September 12, 1977, as amended.
"Construction". The act of adding an addition to a structure or the erection
of a new principal or accessory structure on a lot or property.
"Demolition". Any act or process which destroys in part or in whole a
landmark or a building or structure within a preservation district.
"Design Criteria". A standard of appropriate activity that will preserve
the historic, architectural, scenic or aesthetic character of a landmark
or preservation district.
"Development Rights". The development rights of a landmark or of a property
within a preservation district as defined in Section 11-48.2-1A of the Illinois
Municipal Code.
"Development Rights Bank". A reserve for the deposit of development rights
as defined in Section 11-48.2-1A of the Illinois Municipal Code.
"Exterior Architectural Appearance". The architectural character and general
composition of the exterior of a building or structure, including but not
limited to the kind, color and texture of the building material and the
type, design and character of all windows, doors, light fixtures, signs
and appurtenant elements.
"Historic Significance". Character, interest or value as part of the
development, heritage, or culture of the community, county, State or
country; as the location of an important local, county, State or national
event; or through identification with a person or persons who made
important contributions to the development of the community, county,
State or country.
"Landmark". A property or structure designated as a "Landmark" by ordinance
of a county board, pursuant to procedures prescribed herein, which is worthy
of rehabilitation, restoration, or preservation because of its historic or
scenic or architectural significance.
"Landscape". A natural feature or group of natural features such as, but
not limited to, valleys, rivers, lakes, marshes, swamps, forests, woods,
or hills; or a combination of natural features and buildings, structures,
objects, cultivated fields, or orchards in a predominantly rural setting.
"Object". Any tangible thing, including any items of personal property,
including, but not limited to, wagons, boats, and farm machinery, that may
be easily moved or removed from real property.
"Owner of Record". The person or corporation or other legal entity in whose
name the property appears on the records of the County Recorder.
"Preservation District". An area designated as a "preservation district"
by ordinance of a county board and which may contain within definable
geographic boundaries one or more landmarks and which may have within its
boundaries other properties, areas, sites, landscapes or structures which,
while not of such historic or architectural or scenic significance to be
designated as landmarks, nevertheless contribute to the overall visual
characteristics of the landmark or landmarks located within the district.
"Preservation Ordinance". An ordinance enacted by a county board pursuant
to this Division that provides for the nomination, designation,
and protection of landmarks or preservation districts, and that contains,
at a minimum, the elements required by Section 5-30009.
"Removal". Any relocation of a structure, object or artifact on its site
or to another site.
"Repair". Any change that is not construction, alteration, demolition,
or removal and is necessary or useful for continuing normal maintenance
and upkeep.
"Scenic Significance". Importance as a result of appearance or character
that remains relatively unchanged from and embodies the essential appearance
related to a culture from an earlier historic or prehistoric period; as
a result of a unique location, appearance, or physical character that creates
an established or familiar vista or visual feature; or as a geologic or
natural feature associated with the development, heritage or culture of
the community, county, State or nation.
"Site". The traditional, documented or legendary location of an event,
occurrence, action or structure significant in the life or lives of a
person, persons, group, or tribe, including but not limited to, cemeteries,
burial grounds, campsites, battlefields, settlements, estates, gardens,
groves, river crossings, routes, trails, caves, quarries, mines or
significant trees or other plant life.
"Structure". Anything constructed or erected, the use of which requires
permanent or temporary location on or in the ground, including (but without
limiting the generality of the foregoing) barns, smokehouses, advertising
signs, billboards, backstops for tennis courts, bridges, fences, pergolas,
gazebos, radio and television antennae, solar collectors, microwave
antennae, including supporting towers, roads, ruins or remnants (including
foundations), swimming pools or walkways.
"Survey". The systematic gathering of information on the architectural,
historical, scenic, and archaeological significance of buildings, sites,
structures, areas, or landscapes through visual assessment in the field
and historical research, for the purpose of identifying landmarks or districts
worthy of preservation.
(Source: P.A. 86-962.)
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55 ILCS 5/5-30004
(55 ILCS 5/5-30004) (from Ch. 34, par. 5-30004)
Sec. 5-30004. Authority to protect and preserve landmarks and
preservation districts. The county board of each county
shall have the following authority:
(1) to establish and appoint by ordinance a | | preservation study committee and to take any reasonable temporary actions to protect potential landmarks and preservation districts during the term of an appointed preservation study committee;
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(2) to establish and appoint by ordinance a
| | preservation commission upon recommendation of a preservation study committee;
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(3) to conduct an ongoing survey of the county to
| | identify buildings, structures, areas, sites and landscapes that are of historic, archaeological, architectural, or scenic significance, and therefore potential landmarks or preservation districts;
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(4) to designate by ordinance landmarks and
| | preservation districts upon the recommendation of a preservation commission and to establish a system of markers, plaques or certificates for designated landmarks and preservation districts;
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(5) to prepare maps showing the location of landmarks
| | and preservation districts, publish educational information, and prepare educational programs concerning landmarks and preservation districts and their designation and protection;
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(6) to exercise any of the powers and authority in
| | relation to regional planning and zoning granted counties by Divisions 5-12 and 5-14, for the purpose of protecting, preserving, and continuing the use of landmarks and preservation districts;
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(7) to nominate landmarks and historic districts to
| | any state or federal registers of historic places;
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(8) to appropriate and expend funds to carry out the
| | purposes of this Division;
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(9) to review applications for construction,
| | alteration, removal or demolition affecting landmarks or property within preservation districts;
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(10) to acquire by negotiated purchase any interest
| | including conservation rights in landmarks or in property within preservation districts, or property immediately adjacent to or surrounding landmarks or preservation districts;
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(11) to apply for and accept any gift, grant or
| | bequest from any private or public source, including agencies of the federal or State government, for any purpose authorized by this Division;
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(12) to establish a system for the transfer of
| | development rights including, as appropriate, a mechanism for the deposit of development rights in a development rights bank, and for the transfer of development rights from that development rights bank in the same manner as authorized for municipalities by Section 11-48.2-2 of the Illinois Municipal Code. All receipts arising from the transfer shall be deposited in a special county account to be applied against expenditures necessitated by the county program for the designation and protection of landmarks and preservation districts. Any development rights acquired, sold or transferred from a development rights bank, shall not be a "security" as that term is defined in Section 2.1 of the Illinois Securities Law of 1953, and shall be exempt from all requirements for the registration of securities.
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(13) to establish a loan or grant program from any
| | source of funds for designated landmarks and preservation districts and to issue interest bearing revenue bonds or general obligation bonds pursuant to ordinance enacted by the county board, after compliance with requirements for referendum, payable from the revenues to be derived from the operation of any landmark or of any property within a preservation district;
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(14) to abate real property taxes on any landmark or
| | property within a preservation district to encourage its preservation and continued use or to provide relief for owners unduly burdened by designation;
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(15) to advise and assist owners of landmarks and
| | property within preservation districts on physical and financial aspects of preservation, renovation, rehabilitation, and reuse;
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(16) to advise cities, villages, or incorporated
| | towns, upon request of the appropriate official of the municipality, concerning enactment of ordinances to protect landmarks or preservation districts;
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(17) to exercise within the boundaries of any city,
| | village, or incorporated town any of the powers and authority granted counties by this Division so long as the corporate authorities by ordinance or by intergovernmental agreement pursuant to the Intergovernmental Cooperation Act, or pursuant to Article VII, Section 10 of the Constitution of the State of Illinois have authorized the county preservation commission established by authority of this Division to designate landmarks or preservation districts within its corporate boundaries, and such county preservation commission shall have only those powers, duties, and legal authority provided in this Division;
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(18) to exercise any of the above powers to preserve
| | and protect property owned by any unit of local government including counties, or to review alteration, construction, demolition, or removal undertaken by any unit of local government including counties that affect landmarks and preservation districts.
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(19) to exercise any other power or authority
| | necessary or appropriate to carrying out the purposes of this Division, including those powers and authorities listed in Sections 5-30010 and 5-30011.
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(Source: P.A. 101-81, eff. 7-12-19.)
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55 ILCS 5/5-30005
(55 ILCS 5/5-30005) (from Ch. 34, par. 5-30005)
Sec. 5-30005.
Appointment of preservation study committee.
Prior to
the establishment of a preservation commission the county board shall by
ordinance or resolution appoint from nominations submitted by the chief
executive officer of the county board a preservation study committee to
investigate the power and authority that can be given to a preservation
commission, and to prepare a report to the county board including a
recommendation concerning the need for a preservation ordinance.
(Source: P.A. 86-962.)
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