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92_SB1084eng SB1084 Engrossed SDS/92Abill0005/CEhs 1 AN ACT in relation to counties. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-12011 as follows: 6 (55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011) 7 Sec. 5-12011. Hearing and decision of board of appeals. 8 The board of appeals shall also hear and decide appeals from 9 and review any order, requirement, decision or determination 10 made by an administrative official charged with the 11 enforcement of any ordinance or resolution adopted pursuant 12 to this Division. 13 It shall also hear and decide all matters referred to it 14 or upon which it is required to pass under any such ordinance 15 or resolution or under the terms of this Division. Where a 16 public hearing before a board of appeals is required by this 17 Division or by any ordinance or resolution under the terms of 18 this Division, notice of each hearing shall be published at 19 least 15 days in advance thereof in a newspaper of general 20 circulation published in the township or road district in 21 which such property is located. If no newspaper is published 22 in such township or road district, then such notice shall be 23 published in a newspaper of general circulation published in 24 the county and having circulation where such property is 25 located. The concurring vote of 34members of a board 26 consisting of 5 members or the concurring vote of 45members 27 of a board consisting of 7 members is necessary to reverse 28 any order, requirement, decision or determination of any such 29 administrative official or to decide in favor of the 30 applicant any matter upon which it is required to pass under 31 any such ordinance or resolution, or to effect any variation SB1084 Engrossed -2- SDS/92Abill0005/CEhs 1 in such ordinance or resolution, or to recommend any 2 variation or modification in such ordinance or resolution to 3 the county board. An appeal may be taken by any person 4 aggrieved or by any officer, department, board or bureau of 5 the county. An appeal shall be taken within such time as is 6 prescribed by the board of appeals by general rule by filing 7 with the officer from whom the appeal is taken and with the 8 board of appeals a notice of appeal, specifying the grounds 9 thereof. The officer from whom the appeal is taken shall 10 forthwith transmit to the board all the papers constituting 11 the record upon which the action appealed from was taken. 12 An appeal stays all proceedings in furtherance of the 13 action appealed from, unless the officer from whom the appeal 14 is taken certifies to the board of appeals after the notice 15 of appeal has been filed with him that by reasons of facts 16 stated in the certificate a stay would, in his opinion, cause 17 imminent peril to life or property, in which case proceedings 18 shall not be stayed otherwise than by a restraining order 19 which may be granted by the board of appeals or by a court on 20 application, on notice to the officer from whom the appeal is 21 taken and on due cause shown. 22 (Source: P.A. 86-962.)