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| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
92_HB0857eng HB0857 Engrossed LRB9202944RCtmA 1 AN ACT in relation to nuisances. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Controlled Substance and Cannabis 5 Nuisance Act is amended by changing Section 3.1 as follows: 6 (740 ILCS 40/3.1) (from Ch. 100 1/2, par. 16.1) 7 Sec. 3.1. Before the filing of a complaint under 8 paragraph (c) of Section 3 of this Act, the State's Attorney 9 shall, by personal service or by certified mail, provide to 10 the owner of the place at which the nuisance is located, or 11 the agent of the owner, written notice of the following: 12 (1) That a nuisance, as defined in this Act, exists 13 at the place specified in the notice; 14 (2) That the owner of the place or his or her agent 15 has 14 days from the mailing of the notice or 7 days from 16 personal service of the notice to appear at the State's 17 Attorney's Office at the address provided in the notice 18 to arrange to take action to abate the nuisance; and 19 (3) That failure to appear at the State's 20 Attorney's Office within the time indicated may result in 21 the State's Attorney filing a complaint to enjoin the use 22 of the owner's property for a period of one year. 23 If the owner of the place or his or her agent does not 24 appear at the State's Attorney's Office as requested within 25 the time periods prescribed above, the State's Attorney may 26 file a complaint under Section 3 of this Act. If the owner or 27 his or her agent appears before the State's Attorney in the 28 time prescribed, the owner or his or her agent may agree to 29 comply with reasonable recommendations requested by the 30 State's Attorney designed to abate the nuisance. If the owner 31 or his or her agent does not affirmatively agree to follow HB0857 Engrossed -2- LRB9202944RCtmA 1 the State's Attorney's recommendations, the State's Attorney 2 may file a complaint under Section 3 of this Act. If the 3 owner or his or her agent agrees to follow the State's 4 Attorney's recommendations but subsequently fails to comply 5 with those recommendations within 60 days of the owner's or 6 his or her agent's appearance before the State's Attorney, 7 the State's Attorney may proceed to file a complaint under 8 Section 3 of this Act, except that in cases in which the 9 prompt failure to file a complaint would not result in 10 irreparable harm, loss, or damage, the State's Attorney 11 shall, before the filing of the complaint, provide the owner 12 of the place or his or her agent with written notification by 13 personal service or by certified mail sent to the last known 14 address of the owner or agent that he or she has failed to 15 satisfactorily comply with the requested recommendations and 16 that the State's Attorney intends to file a suit under 17 Section 3 of this Act to abate the nuisance. 18 (Source: P.A. 87-765.) 19 Section 99. Effective date. This Act takes effect upon 20 becoming law.