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Public Act 100-0595
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| HB4711 Enrolled | LRB100 17388 AWJ 32553 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-12017 as follows:
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(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
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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
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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.
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Any person who violates the terms of any ordinance adopted |
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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.
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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.)
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Section 10. The Township Code is amended by changing |
Section 110-65 as follows:
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(60 ILCS 1/110-65)
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Sec. 110-65. Violations; remedies; misdemeanor.
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(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
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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, |
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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.
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(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.
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(Source: P.A. 79-1359; 88-62.)
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Section 15. The Illinois Municipal Code is amended by |
changing Section 11-13-15 as follows:
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(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
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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 |
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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,
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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.
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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.
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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 |
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attorney. This allowance shall be a part
of the costs of the |
litigation assessed against the defendant, and may
be recovered |
as such.
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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.
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(Source: P.A. 80-419.)
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Section 20. The Park Commissioners Land Sale Act is amended |
by adding Section 10 as follows:
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(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 |