HB4498 Engrossed

LRB093 18994 MKM 44729 b






1
    AN ACT concerning municipalities.

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


 
4
    Section 5. The Illinois Municipal Code is amended  by 
5
changing Section 11-13-15 as follows:
 



6
    (65 ILCS 5/11-13-15)  (from Ch. 24, par. 11-13-15)



7
    Sec. 11-13-15. In case any building or structure, including 
8
fixtures,
is constructed, reconstructed, altered, repaired, 
9
converted, or
maintained, or any building or structure, 
10
including fixtures, or land,
is used in violation of an 
11
ordinance or ordinances adopted under
Division 13, 31 or 31.1 
12
of the Illinois Municipal Code, or of any
ordinance or other 
13
regulation made under the authority conferred
thereby, the 
14
proper local authorities of the municipality, or any owner
or 
15
tenant of real property, within 1200 feet in any direction of 
16
the
property on which the building or structure in question is 
17
located who shows
that his property or person will be 
18
substantially affected by the alleged
violation, in addition to 
19
other remedies, may institute any
appropriate action or 
20
proceeding (1) to prevent the unlawful
construction, 
21
reconstruction, alteration, repair, conversion,
maintenance, 
22
or use, (2) to prevent the occupancy of the building,

23
structure, or land, (3) to prevent any illegal act, conduct, 
24
business,
or use in or about the premises, or (4) to restrain, 
25
correct, or abate
the violation.  When any such action is 
26
instituted by an owner or tenant,
 notice of such action shall 
27
be served upon the municipality at the time
suit is begun, by 
28
serving a copy of the complaint on the chief executive
officer 
29
of the municipality, no such action may be maintained until 
30
such
notice has been given.

31
    In any action or proceeding for a purpose mentioned in this 
32
section,
the court with jurisdiction of such action or 
 


 






HB4498 Engrossed
- 2 -
LRB093 18994 MKM 44729 b




1
proceeding has the power
and in its discretion may issue a 
2
restraining order, or a preliminary
injunction, as well as a 
3
permanent injunction, upon such terms and under
such conditions 
4
as will do justice and enforce the purposes set forth
above.

5
    If an owner or tenant files suit is filed hereunder and the 
6
court finds that
the defendant has engaged in any of the 
7
foregoing prohibited activities,
then the court
shall allow the 
8
plaintiff a reasonable sum of money for
the costs of 
9
litigation, including services of the plaintiff's attorney and 
10
expert witness fees. This allowance shall be a part
of the 
11
costs of the litigation assessed against the defendant, and may

12
be recovered as such.

13
    An owner or tenant need not prove any specific, special or 
14
unique
damages to himself or his property or any adverse effect 
15
upon his
property from the alleged violation in order to 
16
maintain a suit under
the foregoing provisions.

17
(Source: P.A. 80-419.)