95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2580


 
Introduced 2/15/2008, by Sen. Dan Cronin
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/11-48.2-8 new










    Amends the Illinois Municipal Code.  Sets forth standing requirements with respect to municipal ordinances concerning the preservation of historic structures.  Effective immediately.
















LRB095 19887 HLH 46300 b

















 


 


A BILL FOR









 











SB2580

LRB095 19887 HLH 46300 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 Illinois Municipal Code is amended  by adding 
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Section 11-48.2-8 as follows:
 
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    (65 ILCS 5/11-48.2-8  new)
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    Sec. 11-48.2-8. Preservation of historic structures.  Any 
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person or entity shall have standing and the right enforce the 
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provisions of any municipal ordinance or regulation enacted 
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pursuant to this Division or any ordinance or regulation 
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enacted by a home rule unit of municipal government for the 
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purpose of preserving or protecting areas or structures of 
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historic, architectural, or cultural significance. In case any 
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building or structure is demolished, constructed, 
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reconstructed, altered, repaired, converted, or maintained, in 
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violation of the foregoing, any person or entity that shows 
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that his, her, or its property or person or other interest will 
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be substantially affected by the alleged violation, in addition 
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to other remedies, may institute any appropriate action or 
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proceeding (i) to prevent the unlawful construction, 
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reconstruction, alteration, repair, conversion, maintenance, 
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or use, (ii) to prevent the occupancy of the building, 
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structure, or land, (iii) to prevent any illegal act, conduct, 
 


 






SB2580
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LRB095 19887 HLH 46300 b




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business, or use in or about the premises, or (iv) to restrain, 
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correct, or abate the violation.
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    In any action or proceeding for a purpose mentioned in this 
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Section, the court with jurisdiction over such action or 
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proceeding has the power and in its discretion may issue a 
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restraining order, writ of mandamus to any officer, or 
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preliminary injunction, as well as a permanent injunction, upon 
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such terms and under such conditions as will do justice and 
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enforce the purposes set forth above. 
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    If the court finds that the defendant has engaged in any of 
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the foregoing prohibited activities, then the court shall allow 
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the plaintiff  a reasonable sum of money for the services of the 
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plaintiff's attorney. 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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    A plaintiff need not prove any specific, special, or unique 
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damages to himself or his property or any adverse effect upon 
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his property from the alleged violation in order to maintain a 
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suit under the foregoing. 
 

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