State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


92_HB0857enr

 
HB0857 Enrolled                               LRB9202944RCtmA

 1        AN ACT in relation to nuisances.

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

 4        Section    5.   The  Controlled  Substance  and  Cannabis
 5    Nuisance Act is amended by changing Section 3.1 as follows:

 6        (740 ILCS 40/3.1) (from Ch. 100 1/2, par. 16.1)
 7        Sec.  3.1.  Before  the  filing  of  a  complaint   under
 8    paragraph  (c) of Section 3 of this Act, the State's Attorney
 9    shall, by personal service or by certified mail,  provide  to
10    the  owner  of the place at which the nuisance is located, or
11    the agent of the owner, written notice of the following:
12             (1)  That a nuisance, as defined in this Act, exists
13        at the place specified in the notice;
14             (2)  That the owner of the place or his or her agent
15        has 14 days from the mailing of the notice or 7 days from
16        personal service of the notice to appear at  the  State's
17        Attorney's  Office  at the address provided in the notice
18        to arrange to take action to abate the nuisance; and
19             (3)  That  failure  to   appear   at   the   State's
20        Attorney's Office within the time indicated may result in
21        the State's Attorney filing a complaint to enjoin the use
22        of the owner's property for a period of one year.
23        If  the  owner  of the place or his or her agent does not
24    appear at the State's Attorney's Office as  requested  within
25    the  time  periods prescribed above, the State's Attorney may
26    file a complaint under Section 3 of this Act. If the owner or
27    his or her agent appears before the State's Attorney  in  the
28    time  prescribed,  the owner or his or her agent may agree to
29    comply  with  reasonable  recommendations  requested  by  the
30    State's Attorney designed to abate the nuisance. If the owner
31    or his or her agent does not affirmatively  agree  to  follow
 
HB0857 Enrolled             -2-               LRB9202944RCtmA
 1    the  State's Attorney's recommendations, the State's Attorney
 2    may file a complaint under Section 3  of  this  Act.  If  the
 3    owner  or  his  or  her  agent  agrees  to follow the State's
 4    Attorney's recommendations but subsequently fails  to  comply
 5    with  those  recommendations within 60 days of the owner's or
 6    his or her agent's appearance before  the  State's  Attorney,
 7    the  State's  Attorney  may proceed to file a complaint under
 8    Section 3 of this Act, except that  in  cases  in  which  the
 9    prompt  failure  to  file  a  complaint  would  not result in
10    irreparable harm,  loss,  or  damage,  the  State's  Attorney
11    shall,  before the filing of the complaint, provide the owner
12    of the place or his or her agent with written notification by
13    personal service or by certified mail sent to the last  known
14    address  of  the  owner or agent that he or she has failed to
15    satisfactorily comply with the requested recommendations  and
16    that  the  State's  Attorney  intends  to  file  a suit under
17    Section 3 of this Act to abate the nuisance.
18    (Source: P.A. 87-765.)

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

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