Full Text of HB4711 100th General Assembly
HB4711ham001 100TH GENERAL ASSEMBLY | Rep. Peter Breen Filed: 2/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4711
| 2 | | AMENDMENT NO. ______. Amend House Bill 4711 on page 2, | 3 | | immediately after line 10, by inserting the following:
| 4 | | "Section 10. The Township Code is amended by changing | 5 | | Section 110-65 as follows:
| 6 | | (60 ILCS 1/110-65)
| 7 | | Sec. 110-65. Violations; remedies; misdemeanor.
| 8 | | (a) If any building or structure is erected, constructed, | 9 | | reconstructed,
altered, repaired, converted, or maintained (or | 10 | | any building, structure, or
land is used) in violation of this | 11 | | Article or of any ordinance, resolution, or
other regulation | 12 | | made under this Article, the proper authorities of the
| 13 | | township, or any person the value or use of whose property is | 14 | | or may be
affected by the violation, in addition to other | 15 | | remedies, may institute any
appropriate action or proceedings | 16 | | (i) to prevent the unlawful erection,
construction, |
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| 1 | | reconstruction, alteration, repair, conversion, maintenance, | 2 | | or
use, (ii) to restrain, correct, or abate the violation, | 3 | | (iii) to prevent the
occupancy of the building, structure, or | 4 | | land, or (iv) to prevent any illegal
act, conduct, business, or | 5 | | use in or about the premises.
| 6 | | (b) The violation of the terms of any ordinance adopted | 7 | | under this Article
shall be deemed a Class B misdemeanor. | 8 | | (c) Except in relation to township-owned property, this | 9 | | Section does not authorize any suit against a township or its | 10 | | officials for any act relating to the administration, | 11 | | enforcement, or implementation of this Article or any | 12 | | ordinance, resolution, or other regulation adopted pursuant to | 13 | | this Article.
| 14 | | (Source: P.A. 79-1359; 88-62.)
| 15 | | Section 15. The Illinois Municipal Code is amended by | 16 | | changing Section 11-13-15 as follows:
| 17 | | (65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
| 18 | | Sec. 11-13-15.
In case any building or structure, including | 19 | | fixtures,
is constructed, reconstructed, altered, repaired, | 20 | | converted, or
maintained, or any building or structure, | 21 | | including fixtures, or land,
is used in violation of an | 22 | | ordinance or ordinances adopted under
Division 13, 31 or 31.1 | 23 | | of the Illinois Municipal Code, or of any
ordinance or other | 24 | | regulation made under the authority conferred
thereby, the |
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| 1 | | proper local authorities of the municipality, or any owner
or | 2 | | tenant of real property, within 1200 feet in any direction of | 3 | | the
property on which the building or structure in question is | 4 | | located who shows
that his property or person will be | 5 | | substantially affected by the alleged
violation, in addition to | 6 | | other remedies, may institute any
appropriate action or | 7 | | proceeding (1) to prevent the unlawful
construction, | 8 | | reconstruction, alteration, repair, conversion,
maintenance, | 9 | | or use, (2) to prevent the occupancy of the building,
| 10 | | structure, or land, (3) to prevent any illegal act, conduct, | 11 | | business,
or use in or about the premises, or (4) to restrain, | 12 | | correct, or abate
the violation. When any such action is | 13 | | instituted by an owner or tenant,
notice of such action shall | 14 | | be served upon the municipality at the time
suit is begun, by | 15 | | serving a copy of the complaint on the chief executive
officer | 16 | | of the municipality, no such action may be maintained until | 17 | | such
notice has been given.
| 18 | | In any action or proceeding for a purpose mentioned in this | 19 | | section,
the court with jurisdiction of such action or | 20 | | proceeding has the power
and in its discretion may issue a | 21 | | restraining order, or a preliminary
injunction, as well as a | 22 | | permanent injunction, upon such terms and under
such conditions | 23 | | as will do justice and enforce the purposes set forth
above.
| 24 | | If an owner or tenant files suit hereunder and the court | 25 | | finds that
the defendant has engaged in any of the foregoing | 26 | | prohibited activities,
then the court shall allow the plaintiff |
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| 1 | | a reasonable sum of money for
the services of the plaintiff's | 2 | | attorney. This allowance shall be a part
of the costs of the | 3 | | litigation assessed against the defendant, and may
be recovered | 4 | | as such.
| 5 | | An owner or tenant need not prove any specific, special or | 6 | | unique
damages to himself or his property or any adverse effect | 7 | | upon his
property from the alleged violation in order to | 8 | | maintain a suit under
the foregoing provisions. | 9 | | Except in relation to municipality-owned property, this | 10 | | Section does not authorize any suit against a municipality or | 11 | | its officials for any act relating to the administration, | 12 | | enforcement, or implementation of this Division or any | 13 | | ordinance, resolution, or other regulation adopted pursuant to | 14 | | this Division.
| 15 | | (Source: P.A. 80-419.)".
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