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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/Art. 11 Div. 39
(65 ILCS 5/Art. 11 Div. 39 heading)
DIVISION 39.
RECORDING OF BUILDING PERMITS
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65 ILCS 5/11-39-1
(65 ILCS 5/11-39-1) (from Ch. 24, par. 11-39-1)
Sec. 11-39-1.
Every municipality in counties containing 200,000 or more
inhabitants which issues building permits shall forward a copy of the building
permit to the township assessor and a copy to the county assessor of the county
in which the municipality is situated within 15 days of issuance of the permit.
The permit shall show the complete legal description of the area to which the
permit pertains; and, if the area has a "property index number", as defined and
referred to in Section 9-45 of the Property Tax Code, then there shall be
included in the permit the index number.
(Source: P.A. 88-670, eff. 12-2-94.)
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65 ILCS 5/11-39-2
(65 ILCS 5/11-39-2) (from Ch. 24, par. 11-39-2)
Sec. 11-39-2.
Every municipality in counties containing 200,000 or more
inhabitants which issues building permits shall require each applicant for
such a building permit to include, in his application for said building
permit, the real estate index number referred to in Section 11-39-1 hereof.
(Source: P.A. 85-1421.)
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65 ILCS 5/11-39-2.5 (65 ILCS 5/11-39-2.5) Sec. 11-39-2.5. Permits for demolition and renovation; asbestos. Before a municipality may issue a demolition or renovation permit for property that is regulated under Part 61 of Title 40 of the Code of Federal Regulations (NESHAP), the municipality must notify the permit applicant of the requirement to file a NESHAP notification form with the Illinois Environmental Protection Agency, as required by Section 61.145(b) of Title 40 of the Code of Federal Regulations. A municipality may seek assistance from the Illinois Environmental Protection Agency or any other State agency in developing procedures to implement the provisions of this Section.
(Source: P.A. 96-1536, eff. 3-4-11.) |
65 ILCS 5/11-39-3
(65 ILCS 5/11-39-3)
Sec. 11-39-3. Builder or developer cash bond or other surety.
(a) A municipality may not require a cash bond, irrevocable letter of
credit, surety bond, or letter of commitment issued by a bank, savings and loan
association, surety, or insurance company from a builder or developer
to guarantee completion of a project improvement when the builder or developer
has filed with the municipal clerk a
current, irrevocable letter of credit, surety bond, or letter of commitment
issued by a bank, savings and loan association, surety, or insurance company,
deemed good and sufficient
by the municipality accepting such security, in an
amount
equal
to or greater than 110% of the amount of the bid on each project improvement.
A builder or developer has the option to utilize a
cash bond, irrevocable letter of credit,
surety bond, or letter of commitment, issued by a bank, savings and loan
association, surety, or insurance company, deemed good and
sufficient
by the municipality, to
satisfy any cash bond requirement established by a municipality.
Except for a municipality or county with a population of 1,000,000 or more,
the municipality must approve and deem a surety or insurance
company good and sufficient for the purposes set forth in this Section if the
surety or insurance company is authorized by the Illinois Department
of Insurance to sell and issue sureties in the State of Illinois.
(b) If a municipality receives a cash bond, irrevocable letter of credit,
or surety bond from a builder or developer to
guarantee completion of a project improvement, the municipality shall (i)
register the bond
under
the address of the project and the construction permit number and (ii) give the
builder or developer a receipt for the bond. The municipality shall establish
and
maintain a separate account for all cash bonds received from builders and
developers to guarantee completion of a project improvement.
(c) The municipality shall refund a cash bond to a builder or developer,
or release the irrevocable letter of credit or surety bond
within
60 days after the builder or developer notifies the municipality in writing of
the
completion of the project improvement for which the bond
was required.
For these purposes, "completion" means that the municipality has determined
that the project improvement for which the bond was required is complete or a
licensed engineer or licensed architect has certified to the builder or
developer and the municipality that the project improvement has been completed
to the applicable codes and ordinances.
The municipality shall pay interest to the builder or developer, beginning 60
days after builder or developer notifies the municipality in writing of the
completion of
the
project improvement, on any bond not refunded to a builder or developer, at
the rate of 1%
per month.
(d) A home rule municipality may not require or maintain cash bonds,
irrevocable letters of credit, surety bonds, or letters of commitment issued by
a bank, savings and loan association, surety, or insurance company
from
builders or developers in a manner inconsistent with this Section. This
Section supersedes and controls over other provisions of this Code
as they apply to and guarantee completion of a project improvement that is
required by the municipality, regardless of whether the project improvement is
a condition of annexation agreements. This
Section is a denial and limitation under subsection (i) of Section
6 of Article VII of the Illinois Constitution on the concurrent exercise by a
home rule municipality of powers and functions exercised by the State.
(Source: P.A. 96-1000, eff. 7-2-10.)
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65 ILCS 5/11-39-4 (65 ILCS 5/11-39-4) Sec. 11-39-4. Building permits. Once a building permit is issued, the applicable building codes of any unit of local government that are in effect at the time of the issuance of the permit shall be the only building codes that apply for the duration of the building permit.
(Source: P.A. 95-512, eff. 1-1-08.) |
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