Full Text of HB4711 100th General Assembly
HB4711enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-12017 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 | 8 | | is
erected, constructed, reconstructed, altered, repaired, | 9 | | converted or
maintained or any building, structure or land is | 10 | | used in violation of this
Division or of any ordinance, | 11 | | resolution or other regulation
made under authority conferred | 12 | | thereby, the proper authorities of the
county or of the | 13 | | township in which the building, structure, or land is
located, | 14 | | or any person the value or use of whose property is or may be
| 15 | | affected by such violation, in addition to other remedies, may | 16 | | institute
any appropriate action or proceedings in the circuit | 17 | | court to prevent such
unlawful erection, construction, | 18 | | reconstruction, alteration, repair,
conversion, maintenance or | 19 | | use, to restrain, correct, or abate such
violation, to prevent | 20 | | the occupancy of said building, structure or land or to
prevent | 21 | | any illegal act, conduct, business, or use in or about such | 22 | | premises.
| 23 | | Any person who violates the terms of any ordinance adopted |
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| 1 | | under the
authority of this Division shall be guilty of a petty | 2 | | offense
punishable by a fine not to exceed $500, with each week | 3 | | the violation
remains uncorrected constituting a separate | 4 | | offense.
| 5 | | Except in relation to county-owned property, this Section | 6 | | does not authorize any suit against a county or its officials | 7 | | for any act relating to the administration, enforcement, or | 8 | | implementation of this Division or any ordinance, resolution, | 9 | | or 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 | 12 | | Section 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, | 16 | | reconstructed,
altered, repaired, converted, or maintained (or | 17 | | any building, structure, or
land is used) in violation of this | 18 | | Article or of any ordinance, resolution, or
other regulation | 19 | | made under this Article, the proper authorities of the
| 20 | | township, or any person the value or use of whose property is | 21 | | or may be
affected by the violation, in addition to other | 22 | | remedies, may institute any
appropriate action or proceedings | 23 | | (i) to prevent the unlawful erection,
construction, | 24 | | reconstruction, alteration, repair, conversion, maintenance, |
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| 1 | | or
use, (ii) to restrain, correct, or abate the violation, | 2 | | (iii) to prevent the
occupancy of the building, structure, or | 3 | | land, or (iv) to prevent any illegal
act, conduct, business, or | 4 | | use in or about the premises.
| 5 | | (b) The violation of the terms of any ordinance adopted | 6 | | under this Article
shall be deemed a Class B misdemeanor. | 7 | | (c) Except in relation to township-owned property, this | 8 | | Section does not authorize any suit against a township or its | 9 | | officials for any act relating to the administration, | 10 | | enforcement, or implementation of this Article or any | 11 | | ordinance, resolution, or other regulation adopted pursuant to | 12 | | this Article.
| 13 | | (Source: P.A. 79-1359; 88-62.)
| 14 | | Section 15. The Illinois Municipal Code is amended by | 15 | | changing 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 | 18 | | fixtures,
is constructed, reconstructed, altered, repaired, | 19 | | converted, or
maintained, or any building or structure, | 20 | | including fixtures, or land,
is used in violation of an | 21 | | ordinance or ordinances adopted under
Division 13, 31 or 31.1 | 22 | | of the Illinois Municipal Code, or of any
ordinance or other | 23 | | regulation made under the authority conferred
thereby, the | 24 | | proper local authorities of the municipality, or any owner
or |
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| 1 | | tenant of real property, within 1200 feet in any direction of | 2 | | the
property on which the building or structure in question is | 3 | | located who shows
that his property or person will be | 4 | | substantially affected by the alleged
violation, in addition to | 5 | | other remedies, may institute any
appropriate action or | 6 | | proceeding (1) to prevent the unlawful
construction, | 7 | | reconstruction, alteration, repair, conversion,
maintenance, | 8 | | or use, (2) to prevent the occupancy of the building,
| 9 | | structure, or land, (3) to prevent any illegal act, conduct, | 10 | | business,
or use in or about the premises, or (4) to restrain, | 11 | | correct, or abate
the violation. When any such action is | 12 | | instituted by an owner or tenant,
notice of such action shall | 13 | | be served upon the municipality at the time
suit is begun, by | 14 | | serving a copy of the complaint on the chief executive
officer | 15 | | of the municipality, no such action may be maintained until | 16 | | such
notice has been given.
| 17 | | In any action or proceeding for a purpose mentioned in this | 18 | | section,
the court with jurisdiction of such action or | 19 | | proceeding has the power
and in its discretion may issue a | 20 | | restraining order, or a preliminary
injunction, as well as a | 21 | | permanent injunction, upon such terms and under
such conditions | 22 | | as will do justice and enforce the purposes set forth
above.
| 23 | | If an owner or tenant files suit hereunder and the court | 24 | | finds that
the defendant has engaged in any of the foregoing | 25 | | prohibited activities,
then the court shall allow the plaintiff | 26 | | a reasonable sum of money for
the services of the plaintiff's |
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| 1 | | attorney. This allowance shall be a part
of the costs of the | 2 | | litigation assessed against the defendant, and may
be recovered | 3 | | as such.
| 4 | | An owner or tenant need not prove any specific, special or | 5 | | unique
damages to himself or his property or any adverse effect | 6 | | upon his
property from the alleged violation in order to | 7 | | maintain a suit under
the foregoing provisions. | 8 | | Except in relation to municipality-owned property, this | 9 | | Section does not authorize any suit against a municipality or | 10 | | its officials for any act relating to the administration, | 11 | | enforcement, or implementation of this Division or any | 12 | | ordinance, resolution, or other regulation adopted pursuant to | 13 | | this Division.
| 14 | | (Source: P.A. 80-419.)
| 15 | | Section 20. The Park Commissioners Land Sale Act is amended | 16 | | by adding Section 10 as follows: | 17 | | (70 ILCS 1235/10 new) | 18 | | Sec. 10. Sale of water park facility. | 19 | | (a) The Rockford Park District may sell all or part of a | 20 | | water park facility owned by the District that has more than 4 | 21 | | distinct amusement attractions located on land exceeding 40 | 22 | | acres but less than 50 acres, no portion of which consists of a | 23 | | neighborhood park or a nature preserve, if: | 24 | | (1) the board of commissioners of the Rockford Park |
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| 1 | | District authorizes the sale by a vote of 80% or more of | 2 | | all commissioners in office at the time of the vote; and | 3 | | (2) the sale price equals or exceeds the average of 3 | 4 | | independent appraisals commissioned by the Rockford Park | 5 | | District. | 6 | | (b) This Section is repealed on December 31, 2019.
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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