HB0242 97TH GENERAL ASSEMBLY

LRB097 06393 KMW 46475 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0242

Introduced 01/25/11, by Rep. David R. Leitch

SYNOPSIS AS INTRODUCED:

60 ILCS 1/85-53 new

Amends the Township Code. Provides that in townships of less than 200,000, a township board may file suit with respect to a nuisance occurring within the unincorporated area of the township if a township requests that the county board of the county in which the township is located commence specified proceedings and the county board does not commence proceedings to demolish, repair, or enclose the nuisance within 60 days after receiving the request. Sets forth the types of relief a township may seek. Provides that the defendants shall be the owner or owners of the property, and that any legal fees or costs incurred by the township may be assessed by the court against any or all of the defendants. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Township Code is amended by adding Section 85-53 as follows:

(60 ILCS 1/85-53 new)

Sec. 85-53. Nuisances; relief available to townships. In townships of less than 200,000, a township board may file suit in the township's name with respect to any nuisance occurring within the unincorporated area of the township and may seek appropriate relief, including but not limited to, abatement, injunctive relief, removal or termination of the nuisance, razing of nuisance structures of any description or type, and damages for injury to the public. The defendants shall be the owner or owners of the property where the nuisance exists. Following judgment, any legal fees or costs incurred by the township in obtaining any non-monetary relief ordered by the court may be assessed by the court against any or all of the defendants upon petition of the township. Townships are authorized to take action under this Section if, after a township requests that the county board commence specified proceedings as required by Section 85-50, the county board does not commence proceedings specified in Section 5-1121 of the Counties Code or other appropriate laws within 60 days after receiving the request.

Section 99. Effective date. This Act takes effect upon becoming law.