Full Text of SB2580 95th General Assembly
SB2580 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB2580
Introduced 2/15/2008, by Sen. Dan Cronin SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Sets forth standing requirements with respect to municipal ordinances concerning the preservation of historic structures. Effective immediately.
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A BILL FOR
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SB2580 |
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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 | 5 |
| Section 11-48.2-8 as follows: | 6 |
| (65 ILCS 5/11-48.2-8 new) | 7 |
| Sec. 11-48.2-8. Preservation of historic structures. Any | 8 |
| person or entity shall have standing and the right enforce the | 9 |
| provisions of any municipal ordinance or regulation enacted | 10 |
| pursuant to this Division or any ordinance or regulation | 11 |
| enacted by a home rule unit of municipal government for the | 12 |
| purpose of preserving or protecting areas or structures of | 13 |
| historic, architectural, or cultural significance. In case any | 14 |
| building or structure is demolished, constructed, | 15 |
| reconstructed, altered, repaired, converted, or maintained, in | 16 |
| violation of the foregoing, any person or entity that shows | 17 |
| that his, her, or its property or person or other interest will | 18 |
| be substantially affected by the alleged violation, in addition | 19 |
| to other remedies, may institute any appropriate action or | 20 |
| proceeding (i) to prevent the unlawful construction, | 21 |
| reconstruction, alteration, repair, conversion, maintenance, | 22 |
| or use, (ii) to prevent the occupancy of the building, | 23 |
| structure, or land, (iii) to prevent any illegal act, conduct, |
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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, | 2 |
| correct, or abate the violation. | 3 |
| In any action or proceeding for a purpose mentioned in this | 4 |
| Section, the court with jurisdiction over such action or | 5 |
| proceeding has the power and in its discretion may issue a | 6 |
| restraining order, writ of mandamus to any officer, or | 7 |
| preliminary injunction, as well as a permanent injunction, upon | 8 |
| such terms and under such conditions as will do justice and | 9 |
| enforce the purposes set forth above. | 10 |
| If the court finds that the defendant has engaged in any of | 11 |
| the foregoing prohibited activities, then the court shall allow | 12 |
| the plaintiff a reasonable sum of money for the services of the | 13 |
| plaintiff's attorney. This allowance shall be a part of the | 14 |
| costs of the litigation assessed against the defendant and may | 15 |
| be recovered as such. | 16 |
| A plaintiff need not prove any specific, special, or unique | 17 |
| damages to himself or his property or any adverse effect upon | 18 |
| his property from the alleged violation in order to maintain a | 19 |
| suit under the foregoing.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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