State of Illinois
Public Acts
92^nd General Assembly

Public Act 92-0055

HB0857 Enrolled                               LRB9202944RCtmA

    AN ACT in relation to nuisances.

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

    Section    5.   The  Controlled  Substance  and  Cannabis
Nuisance Act is amended by changing Section 3.1 as follows:

    (740 ILCS 40/3.1) (from Ch. 100 1/2, par. 16.1)
    Sec.  3.1.  Before  the  filing  of  a  complaint   under
paragraph  (c) of Section 3 of this Act, the State's Attorney
shall, by personal service or by certified mail,  provide  to
the  owner  of the place at which the nuisance is located, or
the agent of the owner, written notice of the following:
         (1)  That a nuisance, as defined in this Act, exists
    at the place specified in the notice;
         (2)  That the owner of the place or his or her agent
    has 14 days from the mailing of the notice or 7 days from
    personal service of the notice to appear at  the  State's
    Attorney's  Office  at the address provided in the notice
    to arrange to take action to abate the nuisance; and
         (3)  That  failure  to   appear   at   the   State's
    Attorney's Office within the time indicated may result in
    the State's Attorney filing a complaint to enjoin the use
    of the owner's property for a period of one year.
    If  the  owner  of the place or his or her agent does not
appear at the State's Attorney's Office as  requested  within
the  time  periods prescribed above, the State's Attorney may
file a complaint under Section 3 of this Act. If the owner or
his or her agent appears before the State's Attorney  in  the
time  prescribed,  the owner or his or her agent may agree to
comply  with  reasonable  recommendations  requested  by  the
State's Attorney designed to abate the nuisance. If the owner
or his or her agent does not affirmatively  agree  to  follow
the  State's Attorney's recommendations, the State's Attorney
may file a complaint under Section 3  of  this  Act.  If  the
owner  or  his  or  her  agent  agrees  to follow the State's
Attorney's recommendations but subsequently fails  to  comply
with  those  recommendations within 60 days of the owner's or
his or her agent's appearance before  the  State's  Attorney,
the  State's  Attorney  may proceed to file a complaint under
Section 3 of this Act, except that  in  cases  in  which  the
prompt  failure  to  file  a  complaint  would  not result in
irreparable harm,  loss,  or  damage,  the  State's  Attorney
shall,  before the filing of the complaint, provide the owner
of the place or his or her agent with written notification by
personal service or by certified mail sent to the last  known
address  of  the  owner or agent that he or she has failed to
satisfactorily comply with the requested recommendations  and
that  the  State's  Attorney  intends  to  file  a suit under
Section 3 of this Act to abate the nuisance.
(Source: P.A. 87-765.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 24, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.