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Public Act 100-0595


 

Public Act 0595 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0595
 
HB4711 EnrolledLRB100 17388 AWJ 32553 b

    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.
    Except in relation to county-owned property, this Section
does not authorize any suit against a county or its officials
for any act relating to the administration, enforcement, or
implementation of this Division or any ordinance, resolution,
or other regulation adopted pursuant to this Division.
(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) Except in relation to township-owned property, this
Section does not authorize any suit against a township or its
officials for any act relating to the administration,
enforcement, or implementation of this Article or any
ordinance, resolution, or other regulation adopted pursuant to
this Article.
(Source: P.A. 79-1359; 88-62.)
 
    Section 15. The Illinois Municipal Code is amended by
changing Section 11-13-15 as follows:
 
    (65 ILCS 5/11-13-15)  (from Ch. 24, par. 11-13-15)
    Sec. 11-13-15. In case any building or structure, including
fixtures, is constructed, reconstructed, altered, repaired,
converted, or maintained, or any building or structure,
including fixtures, or land, is used in violation of an
ordinance or ordinances adopted under Division 13, 31 or 31.1
of the Illinois Municipal Code, or of any ordinance or other
regulation made under the authority conferred thereby, the
proper local authorities of the municipality, or any owner or
tenant of real property, within 1200 feet in any direction of
the property on which the building or structure in question is
located who shows that his property or person will be
substantially affected by the alleged violation, in addition to
other remedies, may institute any appropriate action or
proceeding (1) to prevent the unlawful construction,
reconstruction, alteration, repair, conversion, maintenance,
or use, (2) to prevent the occupancy of the building,
structure, or land, (3) to prevent any illegal act, conduct,
business, or use in or about the premises, or (4) to restrain,
correct, or abate the violation. When any such action is
instituted by an owner or tenant, notice of such action shall
be served upon the municipality at the time suit is begun, by
serving a copy of the complaint on the chief executive officer
of the municipality, no such action may be maintained until
such notice has been given.
    In any action or proceeding for a purpose mentioned in this
section, the court with jurisdiction of such action or
proceeding has the power and in its discretion may issue a
restraining order, or a preliminary injunction, as well as a
permanent injunction, upon such terms and under such conditions
as will do justice and enforce the purposes set forth above.
    If an owner or tenant files suit hereunder and the court
finds that the defendant has engaged in any of the foregoing
prohibited activities, then the court shall allow the plaintiff
a reasonable sum of money for the services of the plaintiff's
attorney. This allowance shall be a part of the costs of the
litigation assessed against the defendant, and may be recovered
as such.
    An owner or tenant need not prove any specific, special or
unique damages to himself or his property or any adverse effect
upon his property from the alleged violation in order to
maintain a suit under the foregoing provisions.
    Except in relation to municipality-owned property, this
Section does not authorize any suit against a municipality or
its officials for any act relating to the administration,
enforcement, or implementation of this Division or any
ordinance, resolution, or other regulation adopted pursuant to
this Division.
(Source: P.A. 80-419.)
 
    Section 20. The Park Commissioners Land Sale Act is amended
by adding Section 10 as follows:
 
    (70 ILCS 1235/10 new)
    Sec. 10. Sale of water park facility.
    (a) The Rockford Park District may sell all or part of a
water park facility owned by the District that has more than 4
distinct amusement attractions located on land exceeding 40
acres but less than 50 acres, no portion of which consists of a
neighborhood park or a nature preserve, if:
        (1) the board of commissioners of the Rockford Park
    District authorizes the sale by a vote of 80% or more of
    all commissioners in office at the time of the vote; and
        (2) the sale price equals or exceeds the average of 3
    independent appraisals commissioned by the Rockford Park
    District.
    (b) This Section is repealed on December 31, 2019.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/29/2018