Bill Text: IL SB1511 | 2009-2010 | 96th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Counties Code. Provides that a county board may by resolution or ordinance require that each occupant of a residential dwelling located outside the limits of cities, villages, and incorporated towns obtain an occupancy permit issued by the county. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, "a notice to appear", or a warrant. Provides that the county sheriff of the county where the violation occurs may issue a notice to appear. In the case of a violation of a county's building code or property maintenance code, the county's code enforcement officer may issue the notice to appear.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0721 [SB1511 Detail]
Download: Illinois-2009-SB1511-Introduced.html
Bill Title: Amends the Counties Code. Provides that a county board may by resolution or ordinance require that each occupant of a residential dwelling located outside the limits of cities, villages, and incorporated towns obtain an occupancy permit issued by the county. Provides that in actions for the violation of any county ordinance, the first process shall be a summons, "a notice to appear", or a warrant. Provides that the county sheriff of the county where the violation occurs may issue a notice to appear. In the case of a violation of a county's building code or property maintenance code, the county's code enforcement officer may issue the notice to appear.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0721 [SB1511 Detail]
Download: Illinois-2009-SB1511-Introduced.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 | ||||||||||||||||||||||||||
5 | Sections 5-1063 and 5-1114 as follows:
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6 | (55 ILCS 5/5-1063) (from Ch. 34, par. 5-1063)
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7 | Sec. 5-1063.
Building construction, alteration and
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8 | maintenance. For the purpose of promoting and
safeguarding the | ||||||||||||||||||||||||||
9 | public health, safety, comfort and welfare, a county
board may | ||||||||||||||||||||||||||
10 | prescribe by resolution or ordinance reasonable
rules and | ||||||||||||||||||||||||||
11 | regulations (a) governing the construction and alteration of | ||||||||||||||||||||||||||
12 | all
buildings, structures and camps or parks accommodating | ||||||||||||||||||||||||||
13 | persons in house
trailers, house cars, cabins or tents and | ||||||||||||||||||||||||||
14 | parts and appurtenances thereof
and governing the maintenance | ||||||||||||||||||||||||||
15 | thereof in a condition reasonably safe from
hazards of fire, | ||||||||||||||||||||||||||
16 | explosion, collapse, electrocution, flooding,
asphyxiation, | ||||||||||||||||||||||||||
17 | contagion and the spread of infectious disease, where such
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18 | buildings, structures and camps or parks are located outside | ||||||||||||||||||||||||||
19 | the limits of
cities, villages and incorporated towns, but | ||||||||||||||||||||||||||
20 | excluding those for
agricultural purposes on farms including | ||||||||||||||||||||||||||
21 | farm residences, but any such
resolution or ordinance shall be | ||||||||||||||||||||||||||
22 | subject to any rule or regulation
heretofore or hereafter | ||||||||||||||||||||||||||
23 | adopted by the State Fire Marshal
pursuant to "An Act to |
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1 | regulate the storage, transportation, sale and use
of gasoline | ||||||
2 | and volatile oils", approved June 28, 1919, as amended; (b) for
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3 | prohibiting the use for residential purposes of buildings and | ||||||
4 | structures
already erected or moved into position which do not | ||||||
5 | comply with such rules
and regulations; and (c) for the | ||||||
6 | restraint, correction and abatement of any
violations.
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7 | In addition, the county board may by resolution or | ||||||
8 | ordinance require
that each occupant of an industrial building, | ||||||
9 | a or commercial building , or a residential dwelling located | ||||||
10 | outside
the limits of cities, villages and incorporated towns | ||||||
11 | obtain an occupancy
permit issued by the county. Such permit | ||||||
12 | may be valid for the duration of
the occupancy or for a | ||||||
13 | specified period of time, and shall be valid only
with respect | ||||||
14 | to the occupant to which it is issued.
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15 | Within 30 days after its adoption, such resolution or | ||||||
16 | ordinance shall be
printed in book or pamphlet form, published | ||||||
17 | by authority of the County
Board; or it shall be published at | ||||||
18 | least once in a newspaper published and
having general | ||||||
19 | circulation in the county; or if no newspaper is published
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20 | therein, copies shall be posted in at least 4 conspicuous | ||||||
21 | places in each
township or Road District. No such resolution or | ||||||
22 | ordinance shall take
effect until 10 days after it is published | ||||||
23 | or posted. Where such building
or camp or park rules and | ||||||
24 | regulations have been published previously in
book or pamphlet | ||||||
25 | form, the resolution or ordinance may provide for the
adoption | ||||||
26 | of such rules and regulations or portions thereof, by reference
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1 | thereto without further printing, publication or posting, | ||||||
2 | provided that not
less than 3 copies of such rules and | ||||||
3 | regulations in book or pamphlet form
shall have been filed, in | ||||||
4 | the office of the County Clerk, for use and
examination by the | ||||||
5 | public for at least 30 days prior to the adoption
thereof by | ||||||
6 | the County Board.
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7 | Beginning on the effective date of this amendatory Act of | ||||||
8 | the 92nd General
Assembly,
any county adopting a new building | ||||||
9 | code or amending an existing
building code under this Section | ||||||
10 | must, at least 30 days before adopting the
building code or
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11 | amendment, provide an identification of the building code, by | ||||||
12 | title and
edition, or the amendment to the
Illinois Building
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13 | Commission for identification on the Internet.
For the purposes | ||||||
14 | of this Section, "building code" means any ordinance,
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15 | resolution, law,
housing or building code, or zoning ordinance | ||||||
16 | that establishes construction
related activities
applicable to | ||||||
17 | structures in the county.
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18 | The violation of any rule or regulation adopted pursuant to | ||||||
19 | this Section,
except for a violation of the provisions of this | ||||||
20 | amendatory Act of the 92nd
General Assembly and the rules and | ||||||
21 | regulations adopted under those
provisions,
shall be a petty | ||||||
22 | offense.
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23 | All rules and regulations enacted by resolution or | ||||||
24 | ordinance under the
provisions of this Section shall be | ||||||
25 | enforced by such officer of the county
as may be designated by | ||||||
26 | resolution of the County Board.
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1 | No such resolution or ordinance shall be enforced if it is | ||||||
2 | in conflict
with any law of this State or with any rule of the | ||||||
3 | Department of Public
Health.
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4 | (Source: P.A. 92-489, eff. 7-1-02.)
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5 | (55 ILCS 5/5-1114) (from Ch. 34, par. 5-1114)
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6 | Sec. 5-1114. Violation of ordinance. Except as provided in | ||||||
7 | Section
10-302.5 of the Illinois Highway Code, in all actions | ||||||
8 | for
the violation of any county ordinance, the first process | ||||||
9 | shall be a summons , a notice to appear, or
a warrant. A warrant | ||||||
10 | or summons for the arrest of an accused person may issue
from | ||||||
11 | the circuit court upon the affidavit of any person that an | ||||||
12 | ordinance has
been violated, and that the person making the | ||||||
13 | complaint has reasonable grounds
to believe that the party | ||||||
14 | charged is guilty thereof. Every person arrested upon
a warrant | ||||||
15 | or summons shall be taken, without unnecessary delay, before | ||||||
16 | the
proper judicial officer for trial. The county sheriff of | ||||||
17 | the county where the violation occurs may issue a notice to | ||||||
18 | appear. In the case of a violation of a county building code or | ||||||
19 | property maintenance code, the county code enforcement officer | ||||||
20 | provided for by the county in its respective building or | ||||||
21 | property maintenance code may issue the notice to appear.
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22 | (Source: P.A. 89-120, eff. 7-7-95.)
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