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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5612
Introduced , by Rep. Charles E. Jefferson SYNOPSIS AS INTRODUCED: |
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Creates the Landlord Accountability Act.
Makes legislative findings. Provides for relocation assistance to be paid by a landlord to a tenant if a tenant's dwelling is condemned or declared unlawful to occupy. Provides that a municipality or other unit of local government may pay relocation assistance to a tenant forced to relocate under the described circumstances and then file an action to collect that amount plus interest, costs, fines, and attorney's fees from the landlord and file a lien for this amount against the property if the amount is not paid. Provides further procedures for enforcement, appeals, and related matters.
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A BILL FOR
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HB5612 |
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LRB095 19886 AJO 46299 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Landlord Accountability Act. |
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| Section 5. Legislative findings. The people of the State of |
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| Illinois deserve decent, safe, and sanitary housing. Certain |
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| tenants in the State of Illinois have remained in rental |
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| housing that does not meet the State's minimum standards for |
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| health and safety because they cannot afford to pay the costs |
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| of relocation in advance of occupying new, safe, and habitable |
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| housing. In egregious cases, authorities have been forced to |
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| condemn property when landlords have failed to remedy building |
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| code or health code violations after repeated notice, and, as a |
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| result, families with limited financial resources have been |
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| displaced and left with nowhere to go. |
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| The purpose of this Act is to establish a process by which |
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| displaced tenants would receive funds for relocation from |
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| landlords who fail to provide safe and sanitary housing after |
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| due notice of building code or health code violations. It is |
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| also the purpose of this Act to provide enforcement mechanisms |
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| to municipalities or other units of local government, including |
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| the ability to advance relocation funds to tenants who are |
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LRB095 19886 AJO 46299 b |
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| displaced as a result of a landlord's failure to remedy |
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| building code or health code violations and later to collect |
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| the full amounts of these relocation funds, along with interest |
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| and penalties,
from landlords.
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| Section 10. Landlord relocation assistance. |
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| (a) If a municipality or other unit of local government |
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| responsible for the enforcement of a building, housing, or |
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| other appropriate code has notified the landlord that a |
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| dwelling is condemned or unlawful to occupy due to the |
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| existence of conditions that violate applicable codes, |
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| statutes, ordinances, rules, or
regulations, a landlord shall |
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| not enter into a rental agreement for the dwelling unit until |
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| the conditions are corrected.
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| (b) If a landlord knowingly violates subsection (a) of this |
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| Section, the tenant shall recover either 3 months' periodic |
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| rent or up to treble the actual damages sustained as a result |
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| of the violation, whichever is greater, costs of suit or |
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| arbitration, and reasonable attorneys' fees. If the tenant |
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| elects to terminate the tenancy as a result of the conditions |
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| leading to the violation, or if the appropriate municipality or |
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| other unit of local government requires that the tenant vacate |
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| the premises, the tenant also shall recover:
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| (1) the entire amount of any deposit prepaid by the |
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| tenant; and
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| (2) all prepaid rent.
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LRB095 19886 AJO 46299 b |
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| (c) If a municipality or other unit of local government |
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| responsible for the enforcement of a building, housing, or |
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| other appropriate code has notified the landlord that a |
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| dwelling will be condemned or will be unlawful to occupy due to |
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| the existence of conditions that violate applicable codes, |
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| statutes, ordinances, rules, or regulations, a landlord, who |
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| knew or should have known of the existence of these conditions, |
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| shall be required to pay relocation assistance to the displaced |
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| tenants except that: |
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| (1) a landlord shall not be required to pay relocation
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| assistance to any displaced tenant in a case in which the |
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| condemnation or no occupancy order affects one or more |
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| dwelling units and directly results from conditions caused |
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| by a tenant's or any third party's illegal conduct without |
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| the landlord's prior knowledge; |
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| (2) a landlord shall not be required to pay
relocation |
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| assistance to any displaced tenant in a case in which the |
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| condemnation or no occupancy order affects one or more |
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| dwelling units and results from conditions arising from a |
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| natural disaster such as, but not exclusively, an |
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| earthquake, tornado, or wind storm; and |
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| (3) a landlord shall not be required to pay relocation |
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| assistance to any displaced tenant in a case in which a |
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| condemnation affects one or more dwelling units and the |
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| tenant's displacement is a direct result of the acquisition |
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| of the property by eminent domain. |
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| (d) Relocation assistance provided to displaced tenants |
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| under this Section shall be the greater amount of $2,000 per |
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| dwelling unit or 3 times the monthly rent. In addition to |
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| relocation assistance, the landlord shall be required to pay to |
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| the displaced tenants the entire amount of any deposit prepaid |
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| by the tenant and all prepaid rent. |
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| (e) The landlord shall pay relocation assistance and any |
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| prepaid deposit and prepaid rent to displaced tenants within 7 |
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| days after the municipality or other unit of local government |
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| sending notice of the condemnation, eviction, or displacement |
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| order to the landlord. The landlord shall pay relocation |
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| assistance and any prepaid deposit and prepaid rent either by |
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| making individual payments by certified check to displaced |
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| tenants or by providing a certified check to the municipality |
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| or other unit of local government ordering condemnation, |
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| eviction, or displacement, for distribution to the displaced |
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| tenants. If the landlord fails to complete payment of |
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| relocation assistance within the period required under this |
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| Section, a municipality or other unit of local government may |
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| advance the cost of the relocation assistance payments to the |
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| displaced tenants. |
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| (f) During the period from the date that a municipality or |
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| other unit of local government responsible for the enforcement |
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| of a building, housing, or other appropriate code first |
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| notifies the landlord of conditions that violate applicable |
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| codes, statutes, ordinances, rules, or regulations to the time |
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LRB095 19886 AJO 46299 b |
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| that
relocation assistance payments are paid to eligible |
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| tenants, or the conditions leading to the notification are |
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| corrected, the landlord may not: |
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| (1) evict, harass, or intimidate tenants into vacating |
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| their units for the purpose of avoiding or diminishing |
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| application of this Section; |
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| (2) reduce services to any tenant; or |
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| (3) materially increase or change the obligations of |
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| any tenant, including but not limited to any rent increase. |
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| (g) Displaced tenants shall be entitled to recover any |
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| relocation assistance, prepaid deposits, and prepaid rent |
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| required by subsection (d). In addition, displaced tenants |
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| shall be entitled to recover any actual damages sustained by |
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| them as a result of the condemnation, eviction, or displacement |
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| that exceed the amount of
relocation assistance that is |
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| payable. In any action brought by displaced tenants to recover |
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| any payments or damages required or authorized by this |
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| subsection (g) or by subsection (e) that are not paid by the |
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| landlord or advanced by a municipality or unit of local |
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| government, the displaced tenants shall also be entitled to |
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| recover their costs of suit or arbitration and reasonable |
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| attorneys' fees. |
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| (h) If, after 60 days from the date that a municipality or |
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| other unit of local government first advanced relocation |
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| assistance funds to the displaced tenants, a landlord has |
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| failed to repay the amount of relocation assistance advanced by |
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LRB095 19886 AJO 46299 b |
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| the municipality or other unit of local government under |
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| subsection (e), then the municipality or other unit of local |
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| government shall assess civil penalties in the amount of $50 |
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| per day for each tenant to whom the municipality or unit of |
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| local government has advanced a relocation assistance payment. |
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| (i) In addition to the penalties set forth in subsection |
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| (h), interest shall accrue on the amount of relocation |
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| assistance paid by a municipality or other unit of local |
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| government for which the property owner has not reimbursed the |
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| municipality or other unit of local government. The rate of |
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| interest shall be the maximum legal rate of interest permitted |
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| under law commencing 30 days after the date that the |
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| municipality or other unit of local government first advanced |
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| relocation assistance funds to the displaced tenants.
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| (j) If a municipality or other unit of local government |
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| must initiate legal action in order to recover the amount of |
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| relocation assistance payments that it has advanced to |
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| low-income tenants, including any interest and penalties under |
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| subsections (h) and (i), the municipality or other unit of |
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| local government shall be entitled to attorneys' fees and costs |
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| arising from its legal action. |
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| (k) A municipality or other unit of local government that |
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| has notified the landlord that a dwelling will be condemned or |
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| will be unlawful to occupy shall notify the displaced tenants |
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| that they may be entitled to relocation assistance under this |
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| Section. |
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LRB095 19886 AJO 46299 b |
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| (l) No payment received by a displaced tenant under this |
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| Section may be considered as income for the purpose of |
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| determining the eligibility or extent of eligibility of any |
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| person for assistance under any State law or for the purposes |
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| of any tax imposed under any State law, and the payments shall |
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| not be deducted from any amount to which
any recipient would |
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| otherwise be entitled under State law.
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| Section 15. Governmental entities.
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| (a) Whenever the governing body of a municipality or other |
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| unit of local government finds that one or more conditions of |
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| the character described in this Act exist within its |
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| territorial limits, that governing body may adopt ordinances |
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| relating to the dwellings, buildings, structures, or premises. |
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| The ordinances may provide for the following: |
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| (1) That an "improvement board" or officer be |
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| designated or appointed to exercise the powers assigned to |
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| the board or officer by the ordinance as specified in this |
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| Section. The board or officer may be an existing board or |
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| officer or may be a separate board or officer appointed |
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| solely for the purpose of exercising the powers assigned by |
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| the ordinance. If a board is created, the ordinance shall |
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| specify the terms, method of appointment, and type of |
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| membership of the board, which may be limited, if the |
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| governing body chooses, to public officers under this |
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| Section. |
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LRB095 19886 AJO 46299 b |
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| (2) That if a board is created, a public officer, other |
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| than a member of the improvement board, may be designated |
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| to work with the board and carry out the duties and |
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| exercise the powers assigned to the public officer by the |
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| ordinance. |
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| (3) That if, after a preliminary investigation of any |
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| dwelling, building, structure, or premises, the board or |
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| officer finds that it is unfit for human habitation or |
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| other use, the board or officer shall cause to be served |
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| either personally or by certified mail, with return receipt
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| requested, upon all persons having any interest therein, as |
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| shown upon the records of the recorder's office of the |
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| county in which the property is located, and shall post in |
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| a conspicuous place on the property, a complaint stating in |
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| what respects the dwelling, building, structure, or |
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| premises is unfit for human habitation or other use. If
the |
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| whereabouts of any of the persons is unknown and the same |
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| cannot be ascertained by the board or officer in the |
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| exercise of reasonable diligence, and the board or officer |
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| makes an affidavit to that effect, then the serving of the |
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| complaint or order upon the persons may be made either by |
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| personal service or by mailing a copy of the complaint and |
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| order by certified mail, postage prepaid, return receipt |
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| requested, to each person at the address of the building |
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| involved in the proceedings, and mailing a copy of the |
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| complaint and order by first class mail to any address of |
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LRB095 19886 AJO 46299 b |
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| each person in the records of the county assessor or the |
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| county recorder for the county where the property
is |
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| located. The complaint shall contain a notice that a |
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| hearing will be held before the board or officer, at a |
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| place therein fixed, not less than 10 days nor more than 30 |
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| days after the serving of the complaint; and that all |
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| parties in interest shall be given the right to file an |
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| answer to the complaint, to appear in person, or otherwise, |
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| and to give testimony at the time and place in the |
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| complaint. The rules of evidence prevailing in courts of |
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| law or equity shall not be controlling in hearings before |
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| the board or officer. A copy of the complaint shall also be |
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| filed with the recorder of the county in which the |
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| dwelling, building, structure, or premises is located, and |
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| the filing of the complaint or order shall have the same |
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| force and effect as other lis pendens notices as provided |
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| by law.
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| (4) That the board or officer may determine that a |
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| dwelling, building, structure, or premises is unfit for |
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| human habitation or other use if the board or officer finds |
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| that conditions exist in the dwelling, building, |
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| structure, or premises that are dangerous or injurious to |
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| the health or safety of the occupants of the dwelling, |
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| building, structure, or
premises, the occupants of |
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| neighboring dwellings, or other residents of the property |
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| that lies within the jurisdiction of a municipality or |
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LRB095 19886 AJO 46299 b |
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| other unit of local government. The conditions may include |
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| the following, without limitation: defects increasing the |
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| hazards of fire or accident; inadequate ventilation, |
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| light, or sanitary facilities; or dilapidation, disrepair, |
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| structural defects, uncleanliness, overcrowding, or |
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| inadequate drainage. The ordinance shall state
reasonable |
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| and minimum standards covering the conditions, including |
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| those contained in ordinances adopted in accordance with |
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| this Section, to guide the board or the public officer, and |
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| the agents and employees of either, in determining the |
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| fitness of a dwelling for human habitation or of a |
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| building, structure, or premises for other use. |
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| (5) That the determination of whether a dwelling, |
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| building, structure, or premises should be repaired or |
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| demolished shall be based on specific stated standards on
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| (1) the degree of structural deterioration of the
dwelling, |
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| building, structure, or premises or
(2) the relationship |
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| that the estimated cost of repair bears to the value of the |
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| dwelling, building, structure, or premises, with the |
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| method of determining this value to be specified in the |
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| ordinance. |
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| (6) That if, after the required hearing, the board or |
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| officer determines that the dwelling is unfit for human |
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| habitation or the building or structure or premises is |
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| unfit for other use, the board or officer shall state in |
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| writing the findings of fact in support of the |
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LRB095 19886 AJO 46299 b |
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| determination, and shall issue and cause to be served upon |
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| the owner or party in interest
thereof, as is provided in |
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| this Section, and shall post in a conspicuous place on the |
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| property, an order that (i) requires the owner or party in |
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| interest, within the time specified in the order, to |
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| repair, alter, or improve the dwelling, building, |
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| structure, or premises to render it fit for human |
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| habitation, or for other use, or to vacate and close the |
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| dwelling, building, structure, or premises, if the course |
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| of action is deemed proper on the basis of the standards |
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| set forth as required in this Section; or (ii) requires the |
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| owner or party in interest, within the time specified in |
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| the order, to remove or demolish the dwelling, building, |
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| structure, or premises, if this course of action is deemed |
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| proper on the basis of those standards. If no appeal is |
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| filed, a copy of the order shall be filed with the recorder |
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| of the county in which the dwelling, building, structure, |
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| or premises is located. |
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| (7) That the owner or any party in interest, within 30 |
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| days after the date of service upon the owner and posting |
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| of an order issued by the board or officer under this |
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| Section, may file an appeal with the appeals commission. |
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| (8) That governing body of the municipality or other |
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| unit of local government shall designate or establish a |
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| municipal or other governmental agency or body to serve as |
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| the appeals commission. The governing body shall also |
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LRB095 19886 AJO 46299 b |
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| establish rules of procedure adequate to assure a prompt |
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| and thorough review of matters submitted to the appeals |
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| commission, and the rules of procedure shall include the
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| following, without being limited thereto: |
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| (A) All matters submitted to the appeals |
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| commission must be resolved by the commission within 60 |
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| days from the date of filing therewith, and a |
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| transcript of the findings of fact of the appeals |
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| commission shall be made available to the owner or |
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| other party in interest upon demand.
The findings and |
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| orders of the appeals commission shall be reported in |
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| the same manner and shall bear the same legal |
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| consequences as if issued by the board, and shall be |
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| subject to review only in the manner and to the extent |
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| provided in this Act. |
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| (B) If the owner or party in interest, following |
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| exhaustion of his or her rights to appeal, fails to |
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| comply with the final order to repair, alter, improve, |
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| vacate, close, remove, or demolish the dwelling, |
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| building, structure, or premises, the board or officer |
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| may direct or cause the dwelling, building, structure, |
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| or premises to be repaired, altered, improved, |
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| vacated, and closed, removed, or demolished. |
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| (9) That the amount of the cost of the repairs, |
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| alterations or improvements; or vacating and closing; or |
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| removal or demolition by the board or officer shall be |
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LRB095 19886 AJO 46299 b |
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| assessed against the real property upon which the cost was |
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| incurred unless the amount is previously paid. For purposes |
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| of this subsection, the cost of vacating and closing shall |
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| include (i) the amount of relocation assistance payments |
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| that a property owner has not repaid to a municipality or |
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| other unit of local government that has advanced relocation |
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| assistance payments to tenants under this Act and (ii) all |
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| penalties and interest that accrue as a result of the |
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| failure of the property owner to timely repay the amount of |
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| these relocation assistance payments under this Act. |
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| (b) Upon certification to him or her by the treasurer of |
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| the municipality or other unit of local government of the |
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| assessment amount being due and owing, the county assessor |
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| shall enter the amount of the assessment upon the tax rolls |
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| against the property for the current year and the same shall |
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| become a part of the general taxes for that year to be |
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| collected at the same time and with interest at the rates and |
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| in the manner as provided for delinquent taxes, and when |
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| collected to be deposited to the credit of the general fund of |
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| the municipality or other unit of local government. If the |
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| dwelling, building, structure, or premises is removed or |
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| demolished by the board or officer, the board or officer shall, |
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| if possible, sell the materials of the dwelling, building, |
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| structure, or premises in accordance with procedures set forth |
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| in the ordinance, and shall credit the proceeds of the sale |
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| against the cost of the removal or demolition; and if there be |
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LRB095 19886 AJO 46299 b |
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| any balance remaining, it shall be paid to the parties entitled |
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| thereto, as determined by the board or officer, after deducting |
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| the costs incident thereto. The assessment shall constitute a |
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| lien against the property that shall be of equal rank with |
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| State, county, and municipal taxes. |
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| (c) Any person affected by an order issued by the appeals
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| commission may, within 30 days after the posting and service of |
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| the order, petition to the circuit court for an injunction |
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| restraining the public officer or members of the board from |
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| carrying out the provisions of the order. In all proceedings |
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| the court is authorized to affirm, reverse, or modify the order |
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| and the trial shall be heard de novo.
An ordinance adopted by |
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| the governing body may authorize the board or officer to |
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| exercise the powers as may be necessary or convenient to carry |
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| out and effectuate the purposes and provisions of this Section. |
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| (d) These powers shall include the following in addition to |
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| others granted in this Section: |
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| (1) to determine which dwellings within the |
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| municipality or other unit of local government are unfit |
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| for human habitation; |
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| (2) to determine which buildings, structures, or |
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| premises are unfit for other use; |
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| (3) to administer oaths and affirmations, examine |
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| witnesses, and receive evidence; and |
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| (4) to investigate the dwelling and other property |
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| conditions in the municipality or other unit of local |
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LRB095 19886 AJO 46299 b |
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| government and to enter upon premises for the purpose of |
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| making examinations when the board or officer has |
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| reasonable ground for believing they are unfit for human |
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| habitation, or for other use. |
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| The entries shall be made in the manner as to cause the |
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| least possible inconvenience to the persons in possession, and |
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| to obtain an order for this purpose after submitting evidence |
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| in support of an application which is adequate to justify an |
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| order from a circuit court in the event entry is denied or |
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| resisted. |
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| (e) The governing body of any municipality or other unit of |
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| local government adopting an ordinance pursuant to this Act may |
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| appropriate the necessary funds to administer the ordinance. |
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| (f) This Act does not abrogate or impair the powers of the |
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| courts or of any department of any municipality or other unit |
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| of local government to enforce any provisions of its charter or |
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| its ordinances, resolutions, or regulations, nor to prevent or |
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| punish violations thereof; and the powers conferred by this Act |
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| shall be in addition and supplemental to the powers conferred |
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| by any other law. |
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| (g) This Act does not impair or limit in any way the power |
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| of the municipality or other unit of local government to define |
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| and declare nuisances and to cause their removal or abatement, |
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| by summary proceedings or otherwise. |
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| (h) Any municipality or unit of other local government may |
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| by ordinance adopted by its governing body: |
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LRB095 19886 AJO 46299 b |
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| (1) prescribe minimum standards for the use and |
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| occupancy of dwellings throughout the municipality or |
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| other unit of local government; |
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| (2) prescribe minimum standards for the use or |
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| occupancy of any building, structure, or premises used for |
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| any other purpose; |
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| (3) prevent the use or occupancy of any dwelling, |
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| building, structure, or premises that is injurious to the |
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| public health, safety, morals, or welfare; and |
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| (4) prescribe punishment for the violation of any |
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| provision of the ordinance.
|
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| Section 20. Supplemental powers. The powers and authority |
13 |
| conferred by this Act are in addition and supplemental to |
14 |
| powers or authority conferred by any other law or authority, |
15 |
| and nothing contained in this Act shall be construed to preempt |
16 |
| any local ordinance requiring relocation assistance to tenants |
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| displaced by a landlord's failure to remedy building code or |
18 |
| health code violations.
|