Bill Text: IL HB4711 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. In provisions regarding building or structure zoning violations, provides that, except in relation to county-owned property, the provisions do not authorize any suit against a county or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2018-06-29 - Public Act . . . . . . . . . 100-0595 [HB4711 Detail]
Download: Illinois-2017-HB4711-Enrolled.html
Bill Title: Amends the Counties Code. In provisions regarding building or structure zoning violations, provides that, except in relation to county-owned property, the provisions do not authorize any suit against a county or its officials for any act relating to zoning administration, enforcement, or implementation or any ordinance, resolution, or other zoning regulation. Effective immediately.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2018-06-29 - Public Act . . . . . . . . . 100-0595 [HB4711 Detail]
Download: Illinois-2017-HB4711-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by changing Section | ||||||
5 | 5-12017 as follows:
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6 | (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
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7 | Sec. 5-12017. Violations. In case any building or structure | ||||||
8 | is
erected, constructed, reconstructed, altered, repaired, | ||||||
9 | converted or
maintained or any building, structure or land is | ||||||
10 | used in violation of this
Division or of any ordinance, | ||||||
11 | resolution or other regulation
made under authority conferred | ||||||
12 | thereby, the proper authorities of the
county or of the | ||||||
13 | township in which the building, structure, or land is
located, | ||||||
14 | or any person the value or use of whose property is or may be
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15 | affected by such violation, in addition to other remedies, may | ||||||
16 | institute
any appropriate action or proceedings in the circuit | ||||||
17 | court to prevent such
unlawful erection, construction, | ||||||
18 | reconstruction, alteration, repair,
conversion, maintenance or | ||||||
19 | use, to restrain, correct, or abate such
violation, to prevent | ||||||
20 | the occupancy of said building, structure or land or to
prevent | ||||||
21 | any illegal act, conduct, business, or use in or about such | ||||||
22 | premises.
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23 | Any person who violates the terms of any ordinance adopted |
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1 | under the
authority of this Division shall be guilty of a petty | ||||||
2 | offense
punishable by a fine not to exceed $500, with each week | ||||||
3 | the violation
remains uncorrected constituting a separate | ||||||
4 | offense.
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5 | Except in relation to county-owned property, this Section | ||||||
6 | does not authorize any suit against a county or its officials | ||||||
7 | for any act relating to the administration, enforcement, or | ||||||
8 | implementation of this Division or any ordinance, resolution, | ||||||
9 | or other regulation adopted pursuant to this Division. | ||||||
10 | (Source: P.A. 92-347, eff. 8-15-01.)
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11 | Section 10. The Township Code is amended by changing | ||||||
12 | Section 110-65 as follows:
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13 | (60 ILCS 1/110-65)
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14 | Sec. 110-65. Violations; remedies; misdemeanor.
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15 | (a) If any building or structure is erected, constructed, | ||||||
16 | reconstructed,
altered, repaired, converted, or maintained (or | ||||||
17 | any building, structure, or
land is used) in violation of this | ||||||
18 | Article or of any ordinance, resolution, or
other regulation | ||||||
19 | made under this Article, the proper authorities of the
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20 | township, or any person the value or use of whose property is | ||||||
21 | or may be
affected by the violation, in addition to other | ||||||
22 | remedies, may institute any
appropriate action or proceedings | ||||||
23 | (i) to prevent the unlawful erection,
construction, | ||||||
24 | reconstruction, alteration, repair, conversion, maintenance, |
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1 | or
use, (ii) to restrain, correct, or abate the violation, | ||||||
2 | (iii) to prevent the
occupancy of the building, structure, or | ||||||
3 | land, or (iv) to prevent any illegal
act, conduct, business, or | ||||||
4 | use in or about the premises.
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5 | (b) The violation of the terms of any ordinance adopted | ||||||
6 | under this Article
shall be deemed a Class B misdemeanor. | ||||||
7 | (c) Except in relation to township-owned property, this | ||||||
8 | Section does not authorize any suit against a township or its | ||||||
9 | officials for any act relating to the administration, | ||||||
10 | enforcement, or implementation of this Article or any | ||||||
11 | ordinance, resolution, or other regulation adopted pursuant to | ||||||
12 | this Article.
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13 | (Source: P.A. 79-1359; 88-62.)
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14 | Section 15. The Illinois Municipal Code is amended by | ||||||
15 | changing Section 11-13-15 as follows:
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16 | (65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
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17 | Sec. 11-13-15.
In case any building or structure, including | ||||||
18 | fixtures,
is constructed, reconstructed, altered, repaired, | ||||||
19 | converted, or
maintained, or any building or structure, | ||||||
20 | including fixtures, or land,
is used in violation of an | ||||||
21 | ordinance or ordinances adopted under
Division 13, 31 or 31.1 | ||||||
22 | of the Illinois Municipal Code, or of any
ordinance or other | ||||||
23 | regulation made under the authority conferred
thereby, the | ||||||
24 | proper local authorities of the municipality, or any owner
or |
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1 | tenant of real property, within 1200 feet in any direction of | ||||||
2 | the
property on which the building or structure in question is | ||||||
3 | located who shows
that his property or person will be | ||||||
4 | substantially affected by the alleged
violation, in addition to | ||||||
5 | other remedies, may institute any
appropriate action or | ||||||
6 | proceeding (1) to prevent the unlawful
construction, | ||||||
7 | reconstruction, alteration, repair, conversion,
maintenance, | ||||||
8 | or use, (2) to prevent the occupancy of the building,
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9 | structure, or land, (3) to prevent any illegal act, conduct, | ||||||
10 | business,
or use in or about the premises, or (4) to restrain, | ||||||
11 | correct, or abate
the violation. When any such action is | ||||||
12 | instituted by an owner or tenant,
notice of such action shall | ||||||
13 | be served upon the municipality at the time
suit is begun, by | ||||||
14 | serving a copy of the complaint on the chief executive
officer | ||||||
15 | of the municipality, no such action may be maintained until | ||||||
16 | such
notice has been given.
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17 | In any action or proceeding for a purpose mentioned in this | ||||||
18 | section,
the court with jurisdiction of such action or | ||||||
19 | proceeding has the power
and in its discretion may issue a | ||||||
20 | restraining order, or a preliminary
injunction, as well as a | ||||||
21 | permanent injunction, upon such terms and under
such conditions | ||||||
22 | as will do justice and enforce the purposes set forth
above.
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23 | If an owner or tenant files suit hereunder and the court | ||||||
24 | finds that
the defendant has engaged in any of the foregoing | ||||||
25 | prohibited activities,
then the court shall allow the plaintiff | ||||||
26 | a reasonable sum of money for
the services of the plaintiff's |
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1 | attorney. This allowance shall be a part
of the costs of the | ||||||
2 | litigation assessed against the defendant, and may
be recovered | ||||||
3 | as such.
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4 | An owner or tenant need not prove any specific, special or | ||||||
5 | unique
damages to himself or his property or any adverse effect | ||||||
6 | upon his
property from the alleged violation in order to | ||||||
7 | maintain a suit under
the foregoing provisions. | ||||||
8 | Except in relation to municipality-owned property, this | ||||||
9 | Section does not authorize any suit against a municipality or | ||||||
10 | its officials for any act relating to the administration, | ||||||
11 | enforcement, or implementation of this Division or any | ||||||
12 | ordinance, resolution, or other regulation adopted pursuant to | ||||||
13 | this Division.
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14 | (Source: P.A. 80-419.)
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15 | Section 20. The Park Commissioners Land Sale Act is amended | ||||||
16 | by adding Section 10 as follows:
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17 | (70 ILCS 1235/10 new) | ||||||
18 | Sec. 10. Sale of water park facility. | ||||||
19 | (a) The Rockford Park District may sell all or part of a | ||||||
20 | water park facility owned by the District that has more than 4 | ||||||
21 | distinct amusement attractions located on land exceeding 40 | ||||||
22 | acres but less than 50 acres, no portion of which consists of a | ||||||
23 | neighborhood park or a nature preserve, if: | ||||||
24 | (1) the board of commissioners of the Rockford Park |
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1 | District authorizes the sale by a vote of 80% or more of | ||||||
2 | all commissioners in office at the time of the vote; and | ||||||
3 | (2) the sale price equals or exceeds the average of 3 | ||||||
4 | independent appraisals commissioned by the Rockford Park | ||||||
5 | District. | ||||||
6 | (b) This Section is repealed on December 31, 2019.
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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