93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2278


 
Introduced 1/22/2004, by Terry Link
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Illinois Municipal Code. Provides that, if suit is filed (now, if an owner or tenant files suit) for violation of certain municipal ordinances and the court finds that the defendant has engaged in certain prohibited activities, the court shall allow the plaintiff to recover a reasonable sum of money for the costs of litigation, including the services of the plaintiff's attorney and expert witness fees (now, for services of the plaintiff's attorney).



















LRB093 16348 MKM 41986 b




















 


 


A BILL FOR









 














SB2278

LRB093 16348 MKM 41986 b









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    AN ACT concerning municipalities.

 
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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 Illinois Municipal Code is amended  by 
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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 
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fixtures,
is constructed, reconstructed, altered, repaired, 
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converted, or
maintained, or any building or structure, 
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including fixtures, or land,
is used in violation of an 
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ordinance or ordinances adopted under
Division 13, 31 or 31.1 
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of the Illinois Municipal Code, or of any
ordinance or other 
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regulation made under the authority conferred
thereby, the 
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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 
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the
property on which the building or structure in question is 
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located who shows
that his property or person will be 
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substantially affected by the alleged
violation, in addition to 
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other remedies, may institute any
appropriate action or 
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proceeding (1) to prevent the unlawful
construction, 
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reconstruction, alteration, repair, conversion,
maintenance, 
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or use, (2) to prevent the occupancy of the building,

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

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


 









SB2278
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LRB093 16348 MKM 41986 b







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

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

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be recovered as such.

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

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