(70 ILCS 605/4-33) (from Ch. 42, par. 4-33)
Sec. 4-33.
Report
on completion of work.
Commissioners may (and if money has been or will be borrowed to provide
funds for the performance of the work, then the commissioners shall),
within 60 days after the completion of any specific work ordered
constructed by the court, file with the court a report of the fact that the
work has been completed and that the commissioners propose to accept the
same. The report shall contain a statement of the actual construction
costs, including the cost of any extra work, and all other costs and
expenses incident thereto, the date the work was commenced and the date of
completion. Upon the filing of the report the same shall be presented to
the court and by the court set for hearing. The clerk of the court shall
give notice of the hearing by publication for the time and in the manner
provided by Section 4-22. Notice by mailing is not required. At the
hearing, any owner of land in the district may file objections in writing
to the acceptance of such work, stating specifically the reasons therefor,
and the court shall hear any and all objections that have been filed and
evidence in opposition to the report or in support thereof and may continue
the hearing from time to time. Upon the conclusion of the hearing, the
court, if it finds that the plans and specifications have been
substantially complied with, shall approve the report and authorize the
acceptance of the work, but if it finds that there has not been such
substantial compliance, then it shall disapprove the report and enter such
order as may be appropriate.
Failure to complete any work for which an assessment was levied or to
perform that work in substantial compliance with the approved plans and
specifications cannot be interposed as a defense to the collector's
application for judgment for delinquent assessments, but this restriction
shall not affect the right of a landowner whose land has been or will be
damaged by such failure to obtain relief by mandamus or by other
appropriate action.
(Source: Laws 1955, p. 512.)
|