Full Text of SB0391 99th General Assembly
SB0391sam001 99TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 4/1/2016
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| 1 | | AMENDMENT TO SENATE BILL 391
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 391 by replacing | 3 | | everything after the enacting clause with the following:
| 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. | 8 | | (a) In case any building or structure, including fixtures,
| 9 | | is constructed, reconstructed, altered, repaired, converted, | 10 | | or
maintained, or any building or structure, including | 11 | | fixtures, or land,
is used in violation of an ordinance or | 12 | | ordinances adopted under
Division 13, 31 or 31.1 of the | 13 | | Illinois Municipal Code, or of any
ordinance or other | 14 | | regulation made under the authority conferred
thereby, or any | 15 | | covenant which a home rule or non-home rule municipality has | 16 | | the right to enforce or amend, the proper local authorities of |
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| 1 | | the municipality, or any owner
or tenant of real property, | 2 | | within 1200 feet in any direction of the
property on which the | 3 | | building or structure in question is located who shows
that his | 4 | | property or person will be substantially affected by the | 5 | | alleged
violation, in addition to other remedies, may institute | 6 | | any
appropriate action or proceeding (1) to prevent the | 7 | | unlawful
construction, reconstruction, alteration, repair, | 8 | | conversion,
maintenance, or use, (2) to prevent the occupancy | 9 | | of the building,
structure, or land, (3) to prevent any illegal | 10 | | act, conduct, business,
or use in or about the premises, or (4) | 11 | | to restrain, correct, or abate
the violation. When any such | 12 | | action is instituted by an owner or tenant,
notice of such | 13 | | action shall be served upon the municipality at the time
suit | 14 | | is begun, by serving a copy of the complaint on the chief | 15 | | executive
officer of the municipality, no such action may be | 16 | | maintained until such
notice has been given.
| 17 | | In any action or proceeding for a purpose mentioned in this | 18 | | section,
the court with jurisdiction of such action or | 19 | | proceeding has the power
and in its discretion may issue a | 20 | | restraining order, or a preliminary
injunction, as well as a | 21 | | permanent injunction, upon such terms and under
such conditions | 22 | | as will do justice and enforce the purposes set forth
above.
| 23 | | If an owner or tenant files suit hereunder and the court | 24 | | finds that
the defendant has engaged in any of the foregoing | 25 | | prohibited activities,
then the court shall allow the plaintiff | 26 | | a reasonable sum of money for
the services of the plaintiff's |
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| 1 | | attorney. This allowance shall be a part
of the costs of the | 2 | | litigation assessed against the defendant, and may
be recovered | 3 | | as such.
| 4 | | An owner or tenant need not prove any specific, special or | 5 | | unique
damages to himself or his property or any adverse effect | 6 | | upon his
property from the alleged violation in order to | 7 | | maintain a suit under
the foregoing provisions. | 8 | | (b) In an action brought against a landowner under this | 9 | | Section, a municipality with a population under 30,000 may also | 10 | | be sued as a defendant, or may intervene or be joined as a | 11 | | defendant, for the purposes of defending the municipality's | 12 | | actions, including the allowed use of the land, if that | 13 | | municipality: (1) approved a special use under Section | 14 | | 11-13-1.1, a variation under Section 11-13-5, or an amendment | 15 | | to the zoning ordinances under Section 11-13-14 affecting the | 16 | | subject land of the action; and (2) can reasonably be expected | 17 | | to receive greater than $100,000 in annual property tax | 18 | | receipts from any development of the land subject to the | 19 | | action. | 20 | | (c) Any owner or tenant seeking judicial review of a | 21 | | decision under Section 25 of this Code may also file an action | 22 | | under this Section during the pendency of such judicial review. | 23 | | (d) Changes made by this amendatory Act of the 99th General | 24 | | Assembly are also applicable to an action pending on the | 25 | | effective date of this amendatory Act of the 99th General | 26 | | Assembly.
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| 1 | | (Source: P.A. 80-419.)
| 2 | | Section 99. Effective date. This Act takes effect upon | 3 | | becoming law.".
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