SB2278 Engrossed

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 Engrossed
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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. 
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This allowance shall be a part
of the costs of the litigation 
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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 
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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.)