Public Act 100-0595
 
HB4711 EnrolledLRB100 17388 AWJ 32553 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Counties Code is amended  by changing Section 
5-12017 as follows:
 



    (55 ILCS 5/5-12017)  (from Ch. 34, par. 5-12017)



    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

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.

    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.

    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.)

 
    Section 10. The Township Code is amended  by changing 
Section 110-65 as follows:
 



    (60 ILCS 1/110-65)



    Sec. 110-65. Violations; remedies; misdemeanor. 

    (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

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.

    (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.  

(Source: P.A. 79-1359; 88-62.)

 
    Section 15. The Illinois Municipal Code is amended  by 
changing Section 11-13-15 as follows:
 



    (65 ILCS 5/11-13-15)  (from Ch. 24, par. 11-13-15)



    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,

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.

    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.

    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.

    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. 

(Source: P.A. 80-419.)

 
    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. 
 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  6/29/2018