(70 ILCS 405/25) (from Ch. 5, par. 130)
Sec. 25.
Performance
of work by the directors.
Where the directors of any district shall find that any of the
provisions of land-use regulations prescribed in an ordinance adopted in
accordance with the provisions of Section 23 hereof are not being
observed on particular lands, and that such non-observance tends to
increase erosion and is interfering with the prevention or control of
erosion and erosion, floodwater and sediment damages on other lands within
the district, the directors shall notify the owner of such lands of such
non-observance and that upon his failure to comply with the provisions of
such land-use regulations within such reasonable time as may be fixed in
such notice a petition for authority to perform such work will be presented
to the Circuit Court for the county in which the land of the defendant or a
major portion thereof, may lie. If the owner of such lands then fails to
comply with the provisions of such land-use regulations, the directors may
present to such Circuit Court a petition, duly verified, setting forth the
adoption of the ordinance prescribing land-use regulations, the failure of
the defendant land owner to observe such regulations, and to perform
particular work, operations, or avoidances as required thereby, and that
such non-observance tends to increase erosion and erosion, floodwater and
sediment damages on such lands and is interfering with the prevention or
control of erosion on other lands within the district, and praying the
court to require the defendant to perform the work, operations, or
avoidances within a reasonable time and to order that if the defendant
shall fail so to perform the directors may go on the land, perform the work
or other operations or otherwise bring the condition of such lands into
conformity with the requirements of such regulations. Upon the presentation
of such petition, the court shall cause process to be issued against the
defendant, and shall hear the case. If it shall appear to the court that
testimony is necessary for the proper disposition of the matter, it may
take evidence, or appoint a referee to take such evidence as it may direct
and report the same to the court with his findings of fact and conclusions
of law, which shall constitute a part of the proceedings upon which the
determination of the court shall be made. The court may dismiss the
petition; or it may require the defendant to perform the work, operations,
or avoidances, and may provide that upon the failure of the defendant to
initiate such performance within the time specified in the order of the
court, and to prosecute the same to completion with reasonable diligence,
the directors may enter upon the lands involved and perform the work or
operations or otherwise bring the condition of such lands into conformity
with the requirements of the regulations and recover the costs and expenses
thereof, with interest at the rate of five per centum per annum, from the
land owner of such lands.
The court shall retain jurisdiction of the case until after the work has
been completed. Upon completion of such work pursuant to such order of the
court the directors may file a petition with the court, a copy of which
shall be served upon the defendant in the case, stating the costs and
expenses sustained by them in the performance of the work and praying
judgment therefor with interest. The court shall have jurisdiction to enter
judgment for the amount of such costs and expenses, with interest at the
rate of five per centum per annum until paid, together with the costs of
suit, including a reasonable attorney's fee to be fixed by the court.
(Source: Laws 1955, p. 189 .)
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