2005 Illinois 65 ILCS 5/ Illinois Municipal Code. Division 20 - Food, Water, Disease, Other Regulations
(65 ILCS 5/Art. 11 Div. 20 heading)
DIVISION 20.
FOOD, WATER, DISEASE, OTHER
REGULATIONS
(65 ILCS 5/11‑20‑1) (from Ch. 24, par. 11‑20‑1)
Sec. 11‑20‑1.
The corporate authorities of each municipality may establish
and regulate markets and markethouses.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑2) (from Ch. 24, par. 11‑20‑2)
Sec. 11‑20‑2.
The corporate authorities of each municipality may regulate
the sale of all beverages and food for human consumption except the
wholesale sale of alcoholic beverages and except as provided in "An Act
relating to the sale of bread", approved July 9, 1959, as heretofore and
hereafter amended. The corporate authorities may locate and regulate the
places where and the manner in which any beverage or food for human
consumption is sold and also may prescribe the loaf‑weight and quality of
bread.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑3) (from Ch. 24, par. 11‑20‑3)
Sec. 11‑20‑3.
The corporate authorities of each municipality may provide
for and regulate the inspection of all food for human consumption and
tobacco.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑4) (from Ch. 24, par. 11‑20‑4)
Sec. 11‑20‑4.
The corporate authorities of each municipality may provide
for the cleansing and purification of waters, watercourses, and canals,
and, when necessary to prevent or abate a nuisance, may provide for the
drainage and filling of ponds on private property.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑5) (from Ch. 24, par. 11‑20‑5)
Sec. 11‑20‑5.
The corporate authorities of each municipality may do all
acts and make all regulations which may be necessary or expedient for the
promotion of health or the suppression of diseases, including the
regulation of plumbing and the fixtures, materials, design and installation
methods of plumbing systems subject to the provisions of the plumbing
code promulgated under Section 35 of the "Illinois Plumbing License Law",
approved July 13, 1953, as amended.
(Source: P.A. 83‑333.)
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(65 ILCS 5/11‑20‑6) (from Ch. 24, par. 11‑20‑6)
Sec. 11‑20‑6.
The corporate authorities of each municipality may provide
for the destruction of weeds at the expense of the owners of the premises
on which the weeds are growing.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑7) (from Ch. 24, par. 11‑20‑7)
Sec. 11‑20‑7.
The corporate authorities of each municipality may provide
for the cutting of weeds in the municipality, when the owners of real
estate refuse or neglect to cut them and to collect from the owners of
private property the reasonable cost thereof. This cost is a lien upon the
real estate affected, superior to all other liens and encumbrances, except
tax liens; provided that within 60 days after such cost and expense is
incurred the municipality, or person performing the service by authority of
the municipality, in his or its own name, files notice of lien in the
office of the recorder in the county in which
such real estate is
located or in the office of the Registrar of Titles of such county if the
real estate affected is registered under the Torrens system. The notice
shall consist of a sworn statement setting out (1) a description of the
real estate sufficient for identification thereof, (2) the amount of money
representing the cost and expense incurred or payable for the service, and
(3) the date or dates when such cost and expense was incurred by the
municipality. However, the lien of such municipality shall not be valid as
to any purchaser whose rights in and to such real estate have arisen
subsequent to the weed‑cutting and prior to the filing of such notice, and
the lien of such municipality shall not be valid as to any mortgagee,
judgment creditor or other lienor whose rights in and to such real estate
arise prior to the filing of such notice. Upon payment of the cost and
expense by the owner of or persons interested in such property after notice
of lien has been filed, the lien shall be released by the municipality or
person in whose name the lien has been filed and the release may be filed
of record as in the case of filing notice of lien.
The cost of the cutting of weeds shall not be lien on the real estate
affected unless a notice is personally served on, or sent by certified mail to,
the person to whom was sent the tax bill for the general taxes on the property
for the last preceding year. The notice shall be delivered or sent
after the cutting of weeds on the property. The notice shall
state the substance of this Section and the substance of any ordinance of the
municipality implementing this Section and shall identify the property, by
common description, and the location of the weeds to be cut.
(Source: P.A. 88‑355.)
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(65 ILCS 5/11‑20‑8) (from Ch. 24, par. 11‑20‑8)
Sec. 11‑20‑8. Pest extermination; liens. The corporate authorities of
each municipality may provide
for the extermination of pests in the municipality, and charge to
and
collect from the owners of and persons interested in private property the
reasonable cost and expense of preventing ingress of pests to
their property
and of pest extermination therein, after notice to such owners or
persons as
provided by ordinance and failures of such owners or persons to comply.
This cost and expense is a lien upon the real estate affected, superior to
all other existing liens and encumbrances, except tax liens if within 60
days after such cost and expense is incurred the municipality, or person
performing the service by authority of the municipality, in his or its own
name, files notice of lien in the office of the recorder in the
county in which the real estate is located or in the office of the
Registrar of Titles of such county if the real estate affected is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended. The notice shall consist of a sworn
statement setting out (1) a description of the real estate sufficient for
identification thereof, (2) the amount of money representing the cost and
expense incurred or payable for the service, and (3) the date or dates when
such cost and expense was incurred by the municipality. However, the lien
of such municipality shall not be valid as to any purchaser, mortgagee,
judgment creditor, or other lienor whose rights in and to the real estate
arise subsequent to the pest extermination and prior to the filing
of
the
notice of such lien in the office of the recorder, or in the
office of the Registrar of Titles, as aforesaid. Upon payment of the cost
and expense by the owner of or persons interested in the property after
notice of lien has been filed, the lien shall be released by the
municipality or person in whose name the lien has been filed and the
release may be filed of record as in the case of filing notice of lien. The
lien may be enforced by proceedings to foreclose as in case of mortgages or
mechanics' liens. Actions to foreclose this lien shall be commenced
within one
year after the date of filing notice of lien.
"Pests", as used in this Section 11‑20‑8, means undesirable arthropods (including certain insects, spiders, mites, ticks, and related organisms), wood infesting organisms, rats, mice, and other obnoxious undesirable animals, but does not include a feral cat, a "companion animal" as that term is defined in the Humane Care for Animals Act (510 ILCS 70/), "animals" as that term is defined in the Illinois Diseased Animals Act (510 ILCS 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
(Source: P.A. 94‑572, eff. 8‑12‑05.)
(65 ILCS 5/11‑20‑9) (from Ch. 24, par. 11‑20‑9)
Sec. 11‑20‑9.
The corporate authorities of each municipality may regulate
and prohibit the running at large of horses, asses, mules, cattle, swine,
sheep, goats, geese, and dogs, and may impose a tax on dogs.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑10) (from Ch. 24, par. 11‑20‑10)
Sec. 11‑20‑10.
The corporate authorities of each municipality may regulate
the construction, repair, and use of cesspools, cisterns, hydrants, pumps,
culverts, drains, and sewers and may regulate the covering or sealing of
wells or cisterns.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/11‑20‑10.5)
Sec. 11‑20‑10.5. Boil order; notification of certified local public health department required. If a municipality, or any department or agency of the municipality, issues a boil order, then the municipality must notify any certified local public health department that serves an area subject to the boil order as soon as is practical, but no later than 2 hours after issuing the order. In addition to the initial notice, the municipality must provide, to any affected certified local public health department, a written notification within 24 hours after issuing the boil order. The written notification must include the estimated duration of the order or warning and the geographic area covered by the order or warning.
(Source: P.A. 93‑1020, eff. 8‑24‑04.)
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(65 ILCS 5/11‑20‑11) (from Ch. 24, par. 11‑20‑11)
Sec. 11‑20‑11.
The corporate authorities of each municipality may adopt
reasonable regulations for the control and eradication of a fungus disease
of elms caused by Graphium ulmi, commonly known as Dutch elm disease or elm
blight, and of other plant diseases.
(Source: Laws 1965, p. 3168.)
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(65 ILCS 5/11‑20‑12) (from Ch. 24, par. 11‑20‑12)
Sec. 11‑20‑12.
The corporate authorities of each municipality may provide for the
removal of elm trees infected with Dutch elm disease from property not
owned by the municipality or dedicated for public use when the owner of
such property refuses or neglects to remove any such tree, and to collect
from the property owner the reasonable cost thereof. This cost is a lien
upon the real estate affected, superior to all other liens and
encumbrances, except tax liens; provided that notice has been given as
hereinafter described, and further provided that within 60 days after such
cost and expense is incurred the municipality, or person performing the
service by authority of the municipality, in his or its own name, files
notice of lien in the office of the recorder in the county in
which such real estate is located or in the office of the Registrar of
Titles of such county if the real estate affected is registered under "An
Act concerning land titles", approved May 1, 1897, as amended. The notice
shall consist of a sworn statement setting out
(1) a description of the real estate sufficient for identification thereof,
(2) the amount of money representing the cost and expense incurred or
payable for the service, and (3) the date or dates when such cost and
expense was incurred by the municipality. However, the lien of such
municipality shall not be valid as to any purchaser whose rights in and to
such real estate have arisen subsequent to the tree removal and prior to
the filing of such notice, and the lien of such municipality shall not be
valid as to any mortgagee, judgment creditor or other lienor whose rights
in and to such real estate arise prior to the filing of such notice. Upon
payment of the cost and expense by the owner of or persons interested in
such property after notice of lien has been filed, the lien shall be
released by the municipality or person in whose name the lien has been
filed and the release may be filed of record as in the case of filing
notice of lien.
The cost of such tree removal shall not be a lien upon the real estate
affected unless a notice shall be personally served or sent by registered
mail to the person to whom was sent the tax bill for the general taxes for
the last preceding year on the property, such notice to be delivered or
sent not less than 30 days prior to the removal of the tree or trees
located thereon. The notice shall contain the substance of this section,
and of any ordinance of the municipality implementing its provisions, and
identify the property, by common description, and the tree or trees
affected.
(Source: P.A. 83‑358.)
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(65 ILCS 5/11‑20‑13) (from Ch. 24, par. 11‑20‑13)
Sec. 11‑20‑13.
The corporate authorities of each municipality may provide for the
removal of garbage, debris, and graffiti from private property
when the owner of such
property, after reasonable notice, refuses or neglects to remove such
garbage, debris, and graffiti and may collect from such owner
the reasonable cost
thereof except in the case of graffiti. This cost is a lien upon the real
estate affected, superior to all
subsequent liens and encumbrances, except tax liens, if within 60 days
after such cost and expense is incurred the municipality, or person
performing the service by authority of the municipality, in his or its own
name, files notice of lien in the office of the recorder in the
county in which such real estate is located or in the office of the
Registrar of Titles of such county if the real estate affected is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended. The notice shall consist of a sworn
statement setting out (1) a description of the real estate sufficient for
identification thereof, (2) the amount of money representing the cost and
expense incurred or payable for the service, and (3) the date or dates when
such cost and expense was incurred by the municipality. However, the lien
of such municipality shall not be valid as to any purchaser whose rights in
and to such real estate have arisen subsequent to removal of the garbage
and debris and prior to the filing of such notice, and the lien of such
municipality shall not be valid as to any mortgagee, judgment creditor or
other lienor whose rights in and to such real estate arise prior to the
filing of such notice. Upon payment of the cost and expense by the owner of
or persons interested in such property after notice of lien has been filed,
the lien shall be released by the municipality or person in whose name the
lien has been filed and the release may be filed of record as in the case
of filing notice of lien. The lien may be enforced by proceedings to
foreclose as in case of mortgages or mechanics' liens. An action
to foreclose
this lien shall be commenced within 2 years after the date of filing notice
of lien.
This amendatory Act of 1973 does not apply to any municipality which is
a home rule unit.
(Source: P.A. 90‑292, eff. 1‑1‑98.)
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