Full Text of HB3407 097th General Assembly
HB3407 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3407 Introduced 2/24/2011, by Rep. Marlow H. Colvin SYNOPSIS AS INTRODUCED: |
|
55 ILCS 5/5-12017 | from Ch. 34, par. 5-12017 |
60 ILCS 1/110-65 |
|
65 ILCS 5/11-60-2 | from Ch. 24, par. 11-60-2 |
|
Amends the Counties Code, Township Code, and the Illinois Municipal Code. Provides that the proper authorities of the county, township, or municipality where a nuisance is located may take measures to abate the nuisance, including but not limited to, hiring a contractor to fix the violation. The property owner of record where the nuisance is located shall reimburse the county, township, or municipality for expenses related to the abatement, and if the property owner does not pay the costs, the unpaid amount shall be placed on the property owners's property tax statement, to be collected by the county, township, or municipality.
|
| |
| | A BILL FOR |
|
| | | HB3407 | | LRB097 10570 KMW 50923 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Counties Code is amended by changing Section | 5 | | 5-12017 as follows:
| 6 | | (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
| 7 | | Sec. 5-12017. Violations. In case any building or structure | 8 | | is
erected, constructed, reconstructed, altered, repaired, | 9 | | converted or
maintained or any building, structure or land is | 10 | | used in violation of this
Division or of any ordinance, | 11 | | resolution or other regulation
made under authority conferred | 12 | | thereby, the proper authorities of the
county or of the | 13 | | township in which the building, structure, or land is
located, | 14 | | or any person the value or use of whose property is or may be
| 15 | | affected by such violation, in addition to other remedies, may | 16 | | institute
any appropriate action or proceedings in the circuit | 17 | | court to prevent such
unlawful erection, construction, | 18 | | reconstruction, alteration, repair,
conversion, maintenance or | 19 | | use, to restrain, correct, or abate such
violation, to prevent | 20 | | the occupancy of said building, structure or land or to
prevent | 21 | | any illegal act, conduct, business, or use in or about such | 22 | | premises.
| 23 | | Any person who violates the terms of any ordinance adopted |
| | | HB3407 | - 2 - | LRB097 10570 KMW 50923 b |
|
| 1 | | under the
authority of this Division shall be guilty of a petty | 2 | | offense
punishable by a fine not to exceed $500, with each week | 3 | | the violation
remains uncorrected constituting a separate | 4 | | offense.
| 5 | | After bringing action, the proper authorities of the county | 6 | | where the nuisance is located may take measures to abate the | 7 | | nuisance, including but not limited to, hiring a contractor to | 8 | | fix the violation. The property owner of record where the | 9 | | nuisance is located shall reimburse the county for expenses | 10 | | related to the abatement, and if the property owner does not | 11 | | pay the costs, the unpaid amount shall be placed on the | 12 | | property owners's property tax statement, to be collected by | 13 | | the county. | 14 | | (Source: P.A. 92-347, eff. 8-15-01.)
| 15 | | Section 10. The Township Code is amended by changing | 16 | | Section 110-65 as follows:
| 17 | | (60 ILCS 1/110-65)
| 18 | | Sec. 110-65. Violations; remedies; misdemeanor.
| 19 | | (a) If any building or structure is erected, constructed, | 20 | | reconstructed,
altered, repaired, converted, or maintained (or | 21 | | any building, structure, or
land is used) in violation of this | 22 | | Article or of any ordinance, resolution, or
other regulation | 23 | | made under this Article, the proper authorities of the
| 24 | | township, or any person the value or use of whose property is |
| | | HB3407 | - 3 - | LRB097 10570 KMW 50923 b |
|
| 1 | | or may be
affected by the violation, in addition to other | 2 | | remedies, may institute any
appropriate action or proceedings | 3 | | (i) to prevent the unlawful erection,
construction, | 4 | | reconstruction, alteration, repair, conversion, maintenance, | 5 | | or
use, (ii) to restrain, correct, or abate the violation, | 6 | | (iii) to prevent the
occupancy of the building, structure, or | 7 | | land, or (iv) to prevent any illegal
act, conduct, business, or | 8 | | use in or about the premises.
| 9 | | (b) The violation of the terms of any ordinance adopted | 10 | | under this Article
shall be deemed a Class B misdemeanor.
| 11 | | (c) After bringing action, the proper authorities of the | 12 | | township where the nuisance is located may take measures to | 13 | | abate the nuisance, including but not limited to, hiring a | 14 | | contractor to fix the violation. The property owner of record | 15 | | where the nuisance is located shall reimburse the township for | 16 | | expenses related to the abatement, and if the property owner | 17 | | does not pay the costs, the unpaid amount shall be placed on | 18 | | the property owners's property tax statement, to be collected | 19 | | by the township. | 20 | | (Source: P.A. 79-1359; 88-62.)
| 21 | | Section 15. The Illinois Municipal Code is amended by | 22 | | changing Section 11-60-2 as follows:
| 23 | | (65 ILCS 5/11-60-2) (from Ch. 24, par. 11-60-2)
| 24 | | Sec. 11-60-2.
The corporate authorities of each |
| | | HB3407 | - 4 - | LRB097 10570 KMW 50923 b |
|
| 1 | | municipality may
define, prevent, and abate nuisances. The | 2 | | corporate authorities of each municipality may take measures to | 3 | | abate a nuisance, including but not limited to, hiring a | 4 | | contractor to fix the violation. The property owner of record | 5 | | where the nuisance is located shall reimburse the municipality | 6 | | for expenses related to the abatement, and if the property | 7 | | owner does not pay the costs, the unpaid amount shall be placed | 8 | | on the property owners's property tax statement, to be | 9 | | collected by the municipality.
| 10 | | (Source: Laws 1961, p. 576.)
|
|