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92nd General Assembly

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Public Act 92-0128

SB1084 Enrolled                          SDS/92Abill0005/CEhs

    AN ACT in relation to counties.

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

    Section  5.  The  Counties  Code  is  amended by changing
Section 5-12011 as follows:

    (55 ILCS 5/5-12011) (from Ch. 34, par. 5-12011)
    Sec. 5-12011. Hearing and decision of board  of  appeals.
The  board of appeals shall also hear and decide appeals from
and review any order, requirement, decision or  determination
made   by   an   administrative  official  charged  with  the
enforcement of any ordinance or resolution  adopted  pursuant
to this Division.
    It  shall also hear and decide all matters referred to it
or upon which it is required to pass under any such ordinance
or resolution or under the terms of this Division.   Where  a
public  hearing before a board of appeals is required by this
Division or by any ordinance or resolution under the terms of
this Division, notice of each hearing shall be  published  at
least  15  days  in advance thereof in a newspaper of general
circulation published in the township  or  road  district  in
which such property is located.  If no newspaper is published
in  such township or road district, then such notice shall be
published in a newspaper of general circulation published  in
the  county  and  having  circulation  where such property is
located.  The concurring vote of  3  4  members  of  a  board
consisting of 5 members or the concurring vote of 4 5 members
of  a  board  consisting of 7 members is necessary to reverse
any order, requirement, decision or determination of any such
administrative  official  or  to  decide  in  favor  of   the
applicant  any matter upon which it is required to pass under
any such ordinance or resolution, or to effect any  variation
in   such  ordinance  or  resolution,  or  to  recommend  any
variation or modification in such ordinance or resolution  to
the  county  board.   An  appeal  may  be taken by any person
aggrieved or by any officer, department, board or  bureau  of
the  county.  An appeal shall be taken within such time as is
prescribed by the board of appeals by general rule by  filing
with  the  officer from whom the appeal is taken and with the
board of appeals a notice of appeal, specifying  the  grounds
thereof.   The  officer  from  whom the appeal is taken shall
forthwith transmit to the board all the  papers  constituting
the record upon which the action appealed from was taken.
    An  appeal  stays  all  proceedings in furtherance of the
action appealed from, unless the officer from whom the appeal
is taken certifies to the board of appeals after  the  notice
of  appeal  has  been filed with him that by reasons of facts
stated in the certificate a stay would, in his opinion, cause
imminent peril to life or property, in which case proceedings
shall not be stayed otherwise than  by  a  restraining  order
which may be granted by the board of appeals or by a court on
application, on notice to the officer from whom the appeal is
taken and on due cause shown.
(Source: P.A. 86-962.)
    Passed in the General Assembly May 02, 2001.
    Approved July 20, 2001.

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