SB2580 95TH GENERAL ASSEMBLY

LRB095 19887 HLH 46300 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2580

Introduced 2/15/2008, by Sen. Dan Cronin

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-48.2-8 new

Amends the Illinois Municipal Code. Sets forth standing requirements with respect to municipal ordinances concerning the preservation of historic structures. Effective immediately.

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 Illinois Municipal Code is amended by adding Section 11-48.2-8 as follows:

(65 ILCS 5/11-48.2-8 new)

Sec. 11-48.2-8. Preservation of historic structures. Any person or entity shall have standing and the right enforce the provisions of any municipal ordinance or regulation enacted pursuant to this Division or any ordinance or regulation enacted by a home rule unit of municipal government for the purpose of preserving or protecting areas or structures of historic, architectural, or cultural significance. In case any building or structure is demolished, constructed, reconstructed, altered, repaired, converted, or maintained, in violation of the foregoing, any person or entity that shows that his, her, or its property or person or other interest will be substantially affected by the alleged violation, in addition to other remedies, may institute any appropriate action or proceeding (i) to prevent the unlawful construction, reconstruction, alteration, repair, conversion, maintenance, or use, (ii) to prevent the occupancy of the building, structure, or land, (iii) to prevent any illegal act, conduct, business, or use in or about the premises, or (iv) to restrain, correct, or abate the violation.

In any action or proceeding for a purpose mentioned in this Section, the court with jurisdiction over such action or proceeding has the power and in its discretion may issue a restraining order, writ of mandamus to any officer, or preliminary injunction, as well as a permanent injunction, upon such terms and under such conditions as will do justice and enforce the purposes set forth above.

If the court finds that the defendant has engaged in any of the foregoing prohibited activities, then the court shall allow the plaintiff a reasonable sum of money for the services of the plaintiff's attorney. This allowance shall be a part of the costs of the litigation assessed against the defendant and may be recovered as such.

A plaintiff need not prove any specific, special, or unique damages to himself or his property or any adverse effect upon his property from the alleged violation in order to maintain a suit under the foregoing.

Section 99. Effective date. This Act takes effect upon becoming law.