Bill Amendment: IL SB0391 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: LOCAL GOVERNMENT-TECH

Status: 2016-07-31 - Senate Floor Amendment No. 2 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0391 Detail]

Download: Illinois-2015-SB0391-Senate_Amendment_001.html

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Sen. Terry Link

Filed: 4/1/2016

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AMENDMENT TO SENATE BILL 391
AMENDMENT NO. ______. Amend Senate Bill 391 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Municipal Code is amended by
changing Section 11-13-15 as follows:
(65 ILCS 5/11-13-15) (from Ch. 24, par. 11-13-15)
Sec. 11-13-15.
(a) In case any building or structure, including fixtures,
is constructed, reconstructed, altered, repaired, converted,
or maintained, or any building or structure, including
fixtures, or land, is used in violation of an ordinance or
ordinances adopted under Division 13, 31 or 31.1 of the
Illinois Municipal Code, or of any ordinance or other
regulation made under the authority conferred thereby, or any
covenant which a home rule or non-home rule municipality has
the right to enforce or amend, the proper local authorities of

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the municipality, or any owner or tenant of real property,
within 1200 feet in any direction of the property on which the
building or structure in question is located who shows that his
property or person will be substantially affected by the
alleged violation, in addition to other remedies, may institute
any appropriate action or proceeding (1) to prevent the
unlawful construction, reconstruction, alteration, repair,
conversion, maintenance, or use, (2) to prevent the occupancy
of the building, structure, or land, (3) to prevent any illegal
act, conduct, business, or use in or about the premises, or (4)
to restrain, correct, or abate the violation. When any such
action is instituted by an owner or tenant, notice of such
action shall be served upon the municipality at the time suit
is begun, by serving a copy of the complaint on the chief
executive officer of the municipality, no such action may be
maintained until such notice has been given.
In any action or proceeding for a purpose mentioned in this
section, the court with jurisdiction of such action or
proceeding has the power and in its discretion may issue a
restraining order, or a 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 an owner or tenant files suit hereunder and 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

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attorney. This allowance shall be a part of the costs of the
litigation assessed against the defendant, and may be recovered
as such.
An owner or tenant 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 provisions.
(b) In an action brought against a landowner under this
Section, a municipality with a population under 30,000 may also
be sued as a defendant, or may intervene or be joined as a
defendant, for the purposes of defending the municipality's
actions, including the allowed use of the land, if that
municipality: (1) approved a special use under Section
11-13-1.1, a variation under Section 11-13-5, or an amendment
to the zoning ordinances under Section 11-13-14 affecting the
subject land of the action; and (2) can reasonably be expected
to receive greater than $100,000 in annual property tax
receipts from any development of the land subject to the
action.
(c) Any owner or tenant seeking judicial review of a
decision under Section 25 of this Code may also file an action
under this Section during the pendency of such judicial review.
(d) Changes made by this amendatory Act of the 99th General
Assembly are also applicable to an action pending on the
effective date of this amendatory Act of the 99th General
Assembly.

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(Source: P.A. 80-419.)
Section 99. Effective date. This Act takes effect upon
becoming law.".