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Public Act 92-0128
SB1084 Enrolled SDS/92Abill0005/CEhs
AN ACT in relation to counties.
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 5-12011 as follows:
(55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011)
Sec. 5-12011. Hearing and decision of board of appeals.
The board of appeals shall also hear and decide appeals from
and review any order, requirement, decision or determination
made by an administrative official charged with the
enforcement of any ordinance or resolution adopted pursuant
to this Division.
It shall also hear and decide all matters referred to it
or upon which it is required to pass under any such ordinance
or resolution or under the terms of this Division. Where a
public hearing before a board of appeals is required by this
Division or by any ordinance or resolution under the terms of
this Division, notice of each hearing shall be published at
least 15 days in advance thereof in a newspaper of general
circulation published in the township or road district in
which such property is located. If no newspaper is published
in such township or road district, then such notice shall be
published in a newspaper of general circulation published in
the county and having circulation where such property is
located. The concurring vote of 3 4 members of a board
consisting of 5 members or the concurring vote of 4 5 members
of a board consisting of 7 members is necessary to reverse
any order, requirement, decision or determination of any such
administrative official or to decide in favor of the
applicant any matter upon which it is required to pass under
any such ordinance or resolution, or to effect any variation
in such ordinance or resolution, or to recommend any
variation or modification in such ordinance or resolution to
the county board. An appeal may be taken by any person
aggrieved or by any officer, department, board or bureau of
the county. An appeal shall be taken within such time as is
prescribed by the board of appeals by general rule by filing
with the officer from whom the appeal is taken and with the
board of appeals a notice of appeal, specifying the grounds
thereof. The officer from whom the appeal is taken shall
forthwith transmit to the board all the papers constituting
the record upon which the action appealed from was taken.
An appeal stays all proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal
is taken certifies to the board of appeals after the notice
of appeal has been filed with him that by reasons of facts
stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than by a restraining order
which may be granted by the board of appeals or by a court on
application, on notice to the officer from whom the appeal is
taken and on due cause shown.
(Source: P.A. 86-962.)
Passed in the General Assembly May 02, 2001.
Approved July 20, 2001.
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