Full Text of SB2278 93rd General Assembly
SB2278eng 93RD GENERAL ASSEMBLY
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SB2278 Engrossed |
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LRB093 16348 MKM 41986 b |
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| AN ACT concerning municipalities.
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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 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 11-13-15 as follows:
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| (65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
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| Sec. 11-13-15. In case any building or structure, including | 8 |
| fixtures,
is constructed, reconstructed, altered, repaired, | 9 |
| converted, or
maintained, or any building or structure, | 10 |
| including fixtures, or land,
is used in violation of an | 11 |
| ordinance or ordinances adopted under
Division 13, 31 or 31.1 | 12 |
| of the Illinois Municipal Code, or of any
ordinance or other | 13 |
| regulation made under the authority conferred
thereby, the | 14 |
| proper local authorities of the municipality, or any owner
or | 15 |
| tenant of real property, within 1200 feet in any direction of | 16 |
| the
property on which the building or structure in question is | 17 |
| located who shows
that his property or person will be | 18 |
| substantially affected by the alleged
violation, in addition to | 19 |
| other remedies, may institute any
appropriate action or | 20 |
| proceeding (1) to prevent the unlawful
construction, | 21 |
| reconstruction, alteration, repair, conversion,
maintenance, | 22 |
| or use, (2) to prevent the occupancy of the building,
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| structure, or land, (3) to prevent any illegal act, conduct, | 24 |
| business,
or use in or about the premises, or (4) to restrain, | 25 |
| correct, or abate
the violation. When any such action is | 26 |
| instituted by an owner or tenant,
notice of such action shall | 27 |
| be served upon the municipality at the time
suit is begun, by | 28 |
| serving a copy of the complaint on the chief executive
officer | 29 |
| of the municipality, no such action may be maintained until | 30 |
| such
notice has been given.
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| In any action or proceeding for a purpose mentioned in this | 32 |
| section,
the court with jurisdiction of such action or |
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SB2278 Engrossed |
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LRB093 16348 MKM 41986 b |
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| proceeding has the power
and in its discretion may issue a | 2 |
| restraining order, or a preliminary
injunction, as well as a | 3 |
| permanent injunction, upon such terms and under
such conditions | 4 |
| as will do justice and enforce the purposes set forth
above.
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| If an owner or tenant files suit is filed hereunder and the | 6 |
| court finds that
the defendant has engaged in any of the | 7 |
| foregoing prohibited activities,
then the court
shall allow the | 8 |
| plaintiff a reasonable sum of money for
the costs of | 9 |
| litigation, including services of the plaintiff's attorney. | 10 |
| This allowance shall be a part
of the costs of the litigation | 11 |
| assessed against the defendant, and may
be recovered as such.
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| An owner or tenant need not prove any specific, special or | 13 |
| unique
damages to himself or his property or any adverse effect | 14 |
| upon his
property from the alleged violation in order to | 15 |
| maintain a suit under
the foregoing provisions.
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| (Source: P.A. 80-419.)
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