SB0391sam001 99TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/1/2016

09900SB0391sam001 LRB099 03119 MJP 46851 a

AMENDMENT TO SENATE BILL 391

AMENDMENT NO. ______. Amend Senate Bill 391 by replacing everything after the enacting clause with the following:

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

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

Sec. 11-13-15.

(a) 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, or any covenant which a home rule or non-home rule municipality has the right to enforce or amend, the proper local authorities of the municipality, or any owner or 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, 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.

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.

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 attorney. This allowance shall be a part of the costs of the litigation assessed against the defendant, and may be recovered as such.

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.

(b) In an action brought against a landowner under this Section, a municipality with a population under 30,000 may also be sued as a defendant, or may intervene or be joined as a defendant, for the purposes of defending the municipality's actions, including the allowed use of the land, if that municipality: (1) approved a special use under Section 11-13-1.1, a variation under Section 11-13-5, or an amendment to the zoning ordinances under Section 11-13-14 affecting the subject land of the action; and (2) can reasonably be expected to receive greater than $100,000 in annual property tax receipts from any development of the land subject to the action.

(c) Any owner or tenant seeking judicial review of a decision under Section 25 of this Code may also file an action under this Section during the pendency of such judicial review.

(d) Changes made by this amendatory Act of the 99th General Assembly are also applicable to an action pending on the effective date of this amendatory Act of the 99th General Assembly.

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

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