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| Public Act 100-0595 | ||||
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section | ||||
5-12017 as follows:
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(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
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Sec. 5-12017. Violations. In case any building or structure | ||||
is
erected, constructed, reconstructed, altered, repaired, | ||||
converted or
maintained or any building, structure or land is | ||||
used in violation of this
Division or of any ordinance, | ||||
resolution or other regulation
made under authority conferred | ||||
thereby, the proper authorities of the
county or of the | ||||
township in which the building, structure, or land is
located, | ||||
or any person the value or use of whose property is or may be
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affected by such violation, in addition to other remedies, may | ||||
institute
any appropriate action or proceedings in the circuit | ||||
court to prevent such
unlawful erection, construction, | ||||
reconstruction, alteration, repair,
conversion, maintenance or | ||||
use, to restrain, correct, or abate such
violation, to prevent | ||||
the occupancy of said building, structure or land or to
prevent | ||||
any illegal act, conduct, business, or use in or about such | ||||
premises.
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Any person who violates the terms of any ordinance adopted | ||||
under the
authority of this Division shall be guilty of a petty | ||
offense
punishable by a fine not to exceed $500, with each week | ||
the violation
remains uncorrected constituting a separate | ||
offense.
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Except in relation to county-owned property, this Section | ||
does not authorize any suit against a county or its officials | ||
for any act relating to the administration, enforcement, or | ||
implementation of this Division or any ordinance, resolution, | ||
or other regulation adopted pursuant to this Division. | ||
(Source: P.A. 92-347, eff. 8-15-01.)
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Section 10. The Township Code is amended by changing | ||
Section 110-65 as follows:
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(60 ILCS 1/110-65)
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Sec. 110-65. Violations; remedies; misdemeanor.
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(a) If any building or structure is erected, constructed, | ||
reconstructed,
altered, repaired, converted, or maintained (or | ||
any building, structure, or
land is used) in violation of this | ||
Article or of any ordinance, resolution, or
other regulation | ||
made under this Article, the proper authorities of the
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township, or any person the value or use of whose property is | ||
or may be
affected by the violation, in addition to other | ||
remedies, may institute any
appropriate action or proceedings | ||
(i) to prevent the unlawful erection,
construction, | ||
reconstruction, alteration, repair, conversion, maintenance, | ||
or
use, (ii) to restrain, correct, or abate the violation, | ||
(iii) to prevent the
occupancy of the building, structure, or | ||
land, or (iv) to prevent any illegal
act, conduct, business, or | ||
use in or about the premises.
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(b) The violation of the terms of any ordinance adopted | ||
under this Article
shall be deemed a Class B misdemeanor. | ||
(c) Except in relation to township-owned property, this | ||
Section does not authorize any suit against a township or its | ||
officials for any act relating to the administration, | ||
enforcement, or implementation of this Article or any | ||
ordinance, resolution, or other regulation adopted pursuant to | ||
this Article.
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(Source: P.A. 79-1359; 88-62.)
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Section 15. The Illinois Municipal Code is amended by | ||
changing Section 11-13-15 as follows:
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(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
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Sec. 11-13-15.
In case any building or structure, including | ||
fixtures,
is constructed, reconstructed, altered, repaired, | ||
converted, or
maintained, or any building or structure, | ||
including fixtures, or land,
is used in violation of an | ||
ordinance or ordinances adopted under
Division 13, 31 or 31.1 | ||
of the Illinois Municipal Code, or of any
ordinance or other | ||
regulation made under the authority conferred
thereby, the | ||
proper local authorities of the municipality, or any owner
or | ||
tenant of real property, within 1200 feet in any direction of | ||
the
property on which the building or structure in question is | ||
located who shows
that his property or person will be | ||
substantially affected by the alleged
violation, in addition to | ||
other remedies, may institute any
appropriate action or | ||
proceeding (1) to prevent the unlawful
construction, | ||
reconstruction, alteration, repair, conversion,
maintenance, | ||
or use, (2) to prevent the occupancy of the building,
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structure, or land, (3) to prevent any illegal act, conduct, | ||
business,
or use in or about the premises, or (4) to restrain, | ||
correct, or abate
the violation. When any such action is | ||
instituted by an owner or tenant,
notice of such action shall | ||
be served upon the municipality at the time
suit is begun, by | ||
serving a copy of the complaint on the chief executive
officer | ||
of the municipality, no such action may be maintained until | ||
such
notice has been given.
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In any action or proceeding for a purpose mentioned in this | ||
section,
the court with jurisdiction of such action or | ||
proceeding has the power
and in its discretion may issue a | ||
restraining order, or a preliminary
injunction, as well as a | ||
permanent injunction, upon such terms and under
such conditions | ||
as will do justice and enforce the purposes set forth
above.
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If an owner or tenant files suit hereunder and the court | ||
finds that
the defendant has engaged in any of the foregoing | ||
prohibited activities,
then the court shall allow the plaintiff | ||
a reasonable sum of money for
the services of the plaintiff's | ||
attorney. This allowance shall be a part
of the costs of the | ||
litigation assessed against the defendant, and may
be recovered | ||
as such.
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An owner or tenant need not prove any specific, special or | ||
unique
damages to himself or his property or any adverse effect | ||
upon his
property from the alleged violation in order to | ||
maintain a suit under
the foregoing provisions. | ||
Except in relation to municipality-owned property, this | ||
Section does not authorize any suit against a municipality or | ||
its officials for any act relating to the administration, | ||
enforcement, or implementation of this Division or any | ||
ordinance, resolution, or other regulation adopted pursuant to | ||
this Division.
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(Source: P.A. 80-419.)
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Section 20. The Park Commissioners Land Sale Act is amended | ||
by adding Section 10 as follows: | ||
(70 ILCS 1235/10 new) | ||
Sec. 10. Sale of water park facility. | ||
(a) The Rockford Park District may sell all or part of a | ||
water park facility owned by the District that has more than 4 | ||
distinct amusement attractions located on land exceeding 40 | ||
acres but less than 50 acres, no portion of which consists of a | ||
neighborhood park or a nature preserve, if: | ||
(1) the board of commissioners of the Rockford Park | ||
District authorizes the sale by a vote of 80% or more of | ||
all commissioners in office at the time of the vote; and | ||
(2) the sale price equals or exceeds the average of 3 | ||
independent appraisals commissioned by the Rockford Park | ||
District. | ||
(b) This Section is repealed on December 31, 2019.
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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