(505 ILCS 90/15) (from Ch. 5, par. 75)
Sec. 15.
If the Department shall determine that any species
or variety of tree, vine, shrub, or other plant growing within this State
is a nuisance as defined in Section 14 of this Act, and if in the judgment
of the Department such species or variety of tree, shrub,
vine or other plant should be eradicated from this State, or from any
section thereof, in order to safeguard the other plants and plant products
of the State or any section thereof, it shall give public notice thereof,
designating the species or variety of plant, the eradication of which is
proposed, the section of the State involved, and the reasons why the
eradication of such plant is necessary; such notice shall also designate a
place and a time, which time shall not be less than 30 days after the date
of such notice, for a public hearing, at which all persons in the State
interested in the proposed action of the Department may be
heard.
If, after such hearing, the Department shall determine
that such species or variety of plant should be eradicated, it shall give
public notice of the fact, naming the species or variety of plant to be
eradicated, describing the boundaries of the section of the State from
which such species or variety of plant shall be eradicated, and the dates
when such notice shall become effective.
If the Department shall have reason to suppose that any
property or place in this State is infested with any injurious insect pest
or infected with any plant disease, or has growing thereon or stored
therein any species or variety of plant which the Department
has declared to be a nuisance within the meaning of Section 14 of this Act,
it shall have power to inspect, or cause to be inspected, from time to
time, such property or place; and, if it shall find by such inspection as
above stated, that any person is maintaining a nuisance as described in
Section 14 of this Act, the Department shall give written
notice of the facts to the owner, or other person in possession or control
of the property or place where such nuisance was found; which notice shall
specify the condition constituting such nuisance and
the time within which such nuisance shall be abated; and such owner or
person in charge shall proceed to eradicate, control or prevent the
dissemination of such injurious insect pest or plant disease, or to remove,
cut, destroy, or otherwise completely eradicate the species or variety of
plant constituting the nuisance, within the time
described in such notice.
Whenever such owner or other person cannot be found, or fails, neglects
or refuses to obey the requirements of said notice, the Department may proceed
to abate such nuisance; and in so doing the
Department is authorized to treat, remove, cut or destroy
host plants, infested or infected plants and plant products, or other
things and substances used in connection therewith; and the expense
thereof, together with all costs, shall be paid by such owner or other
person in possession or control and shall be collected by the Department by
a civil action in the name of the People of the State of
Illinois against the person liable.
(Source: P.A. 85-324.)
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