(740 ILCS 40/3) (from Ch. 100 1/2, par. 16)
Sec. 3. (a) The Illinois State Police or the State's Attorney or any citizen of the
county in which a nuisance exists may file a complaint in the name of the
People of the State of Illinois to enjoin all persons from maintaining or
permitting such nuisance, to abate the same and to enjoin the use of any
such place for the period of one year.
(b) Upon the filing of a complaint by the State's Attorney or the Illinois State Police
in which the complaint states that irreparable injury, loss or damage will
result to the People of the State of Illinois, the court shall enter a
temporary restraining order without notice enjoining the maintenance of
such nuisance, upon testimony under oath, affidavit, or verified complaint
containing facts sufficient, if sustained, to justify the court in entering
a preliminary injunction upon a hearing after notice. Every such temporary
restraining order entered without notice shall be endorsed with the date
and hour of entry of the order, shall be filed of record, and shall
expire by its terms within such time after entry, not to exceed 10 days as
fixed by the court, unless the temporary restraining order, for good cause, is
extended for a like period or unless the party against whom the order is
directed consents that it may be extended for a longer period. The reason
for extension shall be shown in the order. In case a temporary restraining
order is entered without notice, the motion for a permanent injunction
shall be set down for hearing at the earliest possible time and takes
precedence over all matters except older matters of the same character, and
when the motion comes on for hearing, the Illinois State Police or State's Attorney,
as the case may be, shall proceed with the application for a permanent
injunction, and, if he does not do so, the court shall dissolve the
temporary restraining order. On 2 days' notice to the Illinois State Police or State's
Attorney, as the case may be, the defendant may appear and move the
dissolution or modification of such temporary restraining order and in that
event the court shall proceed to hear and determine such motion as
expeditiously as the ends of justice require.
(c) Upon the filing of the complaint by a citizen or the Illinois State Police or the
State's Attorney (in cases in which the Illinois State Police or State's Attorney does
not request injunctive relief without notice) in the circuit court,
the court, if satisfied that the nuisance complained of
exists, shall allow a temporary restraining order, with bond unless the
application is filed by the Illinois State Police or State's Attorney, in such amount
as the court may determine, enjoining the defendant from maintaining any
such nuisance within the jurisdiction of the court granting the injunctive
relief. However, no such injunctive relief shall be granted, except on
behalf of an owner or agent, unless it be made to appear to the
satisfaction of the court that the owner or agent of such place knew or
had been personally served with a notice signed by the plaintiff and that
such notice has been served upon such owner or such agent of such place at
least 5 days prior thereto, that such place, specifically describing the
same, was being so used, naming the date or dates of its being so used, and
that such owner or agent had failed to abate such nuisance, or that upon
diligent inquiry such owner or agent could not be found for
the service of such preliminary notice. The lessee, if any, of such place
shall be made a party defendant to such petition. If the property owner is a corporation and the Illinois State Police or the State's Attorney sends the preliminary notice to the corporate address registered with the Secretary of State, such action shall create a rebuttable presumption that the parties have acted with due diligence and the court may grant injunctive relief.
(d) In all cases in which the complaint is filed by a citizen, such
complaint shall be verified.
(Source: P.A. 102-538, eff. 8-20-21.)
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