HB3148 100TH GENERAL ASSEMBLY

LRB100 09718 AWJ 19887 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3148

Introduced , by Rep. Frances Ann Hurley

SYNOPSIS AS INTRODUCED:

50 ILCS 810/1	from Ch. 111 1/2, par. 3401
50 ILCS 810/5 new

Amends the Building Code Violation Notice Posting Act. Provides that a municipality, township, or county that has a building code shall, in addition to any other notice required by law, post a notice containing a large red "X", of not less than 2 feet by 2 feet in size, conspicuously on the front of any building or structure the designated building code enforcement officer has determined to be a dilapidated structure. Provides that a police officer or fire fighter who, while in the performance of his or her duties, determines that a building or structure is a dilapidated structure, he or she shall post a red "X" on the building or structure and immediately notify the designated building code enforcement officer. Requires the building code enforcement officer to examine the building or structure within 24 hours after receiving notice and determine if the building is dilapidated and whether the "X" should remain. Limits home rule powers.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Building Code Violation Notice Posting Act is amended by changing Section 1 and by adding Section 5 as follows:

(50 ILCS 810/1) (from Ch. 111 1/2, par. 3401)

Sec. 1. Unless the context clearly indicates otherwise, the following terms have the following meaning in this Act:

"Municipality" means any city, village or incorporated town which has enacted a building code.

"County" means any county which has enacted a building code.

"Building code" means any municipal or county ordinance or resolution regulating the construction and maintenance of all structures within the municipality or county.

"Building code department" means the agency or officer of the municipality or county charged with administration of the building code.

"Dilapidated structure" means a residential or commercial building or structure that meets the definition of a dangerous or structurally unsound building or structure found in the unit of local government's building code.

"Unit of local government" means a municipality, township, or county that has a building code.

(Source: Laws 1963, p. 2414.)

(50 ILCS 810/5 new)

Sec. 5. Notices for dilapidated structures.

(a) In addition to any other notice required by law, every unit of local government shall post a notice containing a large red "X", of not less than 2 feet by 2 feet in size, conspicuously on the front of any building or structure that the designated building code enforcement officer has determined to be a dilapidated structure.

(b) In addition to any other notice required by law, a police officer or fire fighter who, while in the performance of his or her duties, determines that a building or structure is a dilapidated structure, he or she shall post the notice required in subsection (a) and immediately notify the designated building code enforcement officer in the unit of local government in which the building or structure is located. Within 24 hours after receiving notice of a dilapidated structure by a police officer or fire fighter, the designated building code enforcement officer shall examine the building or structure and determine if the building or structure is a dilapidated structure and whether the red "X" should remain.

(c) A home rule unit of local government shall post notices in a manner consistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.