2005 Illinois Code - Chapter 210 Health Facilities 210 ILCS 115/ Mobile Home Park Act.
(210 ILCS 115/1) (from Ch. 111 1/2, par. 711)
Sec. 1.
The General Assembly of Illinois finds: (1) that there is a serious
housing shortage in this state; (2) that rising costs in the building
construction field has seriously impeded the building of new housing,
particularly for moderate and low income citizens; (3) that the existing
housing stock is continuously depleted through demolition resulting from
aging buildings, urban renewal, highway construction and other necessary
public improvements; (4) that advances in the construction of mobile homes
has significantly increased the importance of this mode of housing; (5)
that through proper regulation and licensing mobile homes can contribute to
the quality housing of Illinois citizens.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/2) (from Ch. 111 1/2, par. 712)
Sec. 2.
Unless the context clearly requires otherwise, the words and phrases set
forth in Sections 2.1 to 2.9 inclusive, shall have the meanings set forth
in this Act.
(Source: P. A. 78‑1170.)
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(210 ILCS 115/2.1) (from Ch. 111 1/2, par. 712.1)
Sec. 2.1.
"Mobile home" means a structure designed for permanent
habitation and so constructed as to permit its transport on wheels,
temporarily or permanently attached to its frame, from the place of its
construction to the location, or subsequent locations, at which it is
intended to be a permanent habitation and designed to permit the occupancy
thereof as a dwelling place for 1 or more persons. The term "mobile home"
shall include manufactured homes constructed after June 30, 1976, in
accordance with the Federal "National Manufactured Housing Construction and
Safety Standards Act of 1974".
(Source: P.A. 85‑565.)
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(210 ILCS 115/2.2) (from Ch. 111 1/2, par. 712.2)
Sec. 2.2.
"Permanent habitation" means a period of 2 or more months.
(Source: P.A. 77‑1472.)
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(210 ILCS 115/2.3) (from Ch. 111 1/2, par. 712.3)
Sec. 2.3.
"Dependent mobile home" means a mobile home which does not have toilet
and bath or shower facilities.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/2.4) (from Ch. 111 1/2, par. 712.4)
Sec. 2.4.
"Independent mobile home" means a mobile home which has self‑contained
toilet and bath or shower facilities.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/2.5) (from Ch. 111 1/2, par. 712.5)
Sec. 2.5.
"Mobile home park" means a tract of land or 2 or more
contiguous tracts of land upon which contain sites with the necessary
utilities for 5 or more independent mobile homes for permanent habitation
either free of charge or for revenue purposes, and shall include any
building, structure, vehicle, or enclosure used or intended for use as a
part of the equipment of such mobile home park. Separate ownership of
contiguous tracts of land shall not preclude the tracts of land from common
licensure as a mobile home park if they are maintained and operated
jointly. Neither an immobilized mobile home nor a motorized recreational
vehicle shall be construed as being a part of a mobile home park.
(Source: P.A. 85‑565.)
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(210 ILCS 115/2.6) (from Ch. 111 1/2, par. 712.6)
Sec. 2.6.
"Department" means the Department of Public Health, unless otherwise
indicated.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/2.7) (from Ch. 111 1/2, par. 712.7)
Sec. 2.7.
"Site" means the lot on which the mobile home is located for permanent
habitation.
(Source: P. A. 78‑1170.)
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(210 ILCS 115/2.8) (from Ch. 111 1/2, par. 712.8)
Sec. 2.8.
"Individual utilities", as used in this Act, means the provision for
each mobile home of; a separate metered connection to electrical service;
separately tapped water service from an approved public water supply or a
separate private water supply; and a separately tapped connection to an
approved public sewer system or a separate private sewage disposal system.
(Source: P. A. 78‑1170.)
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(210 ILCS 115/2.9) (from Ch. 111 1/2, par. 712.9)
Sec. 2.9.
"Revenue purposes" as used in this Act shall include, but not be limited
to, monies or other valuable consideration paid by a tenant or lessee or
paid by a contract purchaser pursuant to a contract for deed, sale or
purchase prior to the delivery of the deed conveying legal title.
(Source: P.A. 78‑1170.)
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(210 ILCS 115/2.10) (from Ch. 111 1/2, par. 712.10)
Sec. 2.10.
"Immobilized mobile home" means a mobile home served by
individual utilities, resting on a permanent perimeter foundation which
extends below the established frost depth with the wheels, tongue and hitch
removed and the home secured in compliance with the Mobile Home Tiedown Act.
(Source: P.A. 85‑565.)
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(210 ILCS 115/3) (from Ch. 111 1/2, par. 713)
Sec. 3.
No person, firm or corporation shall establish, maintain, conduct, or
operate a mobile home park after April 30, 1972, without first obtaining a
license therefor from the Department. "Conduct or operate a mobile home
park" as used in this Act shall include, but not necessarily be limited to
supplying or maintaining common water, sewer or other utility supply or
service, or the collection of rents directly or indirectly from five or
more independent mobile homes. Such license shall expire April 30 of each
year and a new license shall be issued upon proper application and
payment of the annual license fee provided the applicant is in substantial
compliance with the Rules and Regulations of the Department.
(Source: P.A. 85‑565.)
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(210 ILCS 115/4) (from Ch. 111 1/2, par. 714)
Sec. 4.
In order to obtain a permit to construct a new mobile home park
the applicant shall file with the Department a written application and plan
documents, including the following:
(a) The full name and address of the applicant or applicants, or names
and addresses of the partners if the applicant is a partnership, or the
names and addresses of the officers if the applicant is a corporation.
(b) The address, location and legal description of the tract of land
upon which it is proposed to construct, operate and maintain a mobile home park.
(c) The name of the mobile home park.
(d) Detailed plans and specifications sealed by a registered engineer
or architect licensed to practice in the State of Illinois which include a
general plot plan of the mobile home park with all sites and structures
shown, the water supply system, the sewage disposal system, the electrical
system, the fuel supply system, the lighting system, the method of disposal
of solid waste, all streets and sidewalks, swimming and bathing
facilities, fire hydrants and details of all auxiliary structures.
(e) The number of mobile home sites proposed to be constructed or licensed.
(f) A statement of the fire‑fighting facilities, public or private,
which are available to the mobile home park.
(g) A plan review fee of $100, which is nonrefundable.
(Source: P.A. 85‑565.)
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(210 ILCS 115/4.1) (from Ch. 111 1/2, par. 714.1)
Sec. 4.1.
A mobile home park constructed prior to the effective date
of this amendatory Act of 1987 but not licensed by the Department shall not
require a construction permit. A written application for an original
license shall be submitted to the Department which shall include the
information required in paragraphs (a), (b), (c), (e) and (f) of Section 4
in addition to plans showing the location of all structures and utilities at
the mobile home park. A fee of $100 is required and shall not be refundable.
(Source: P.A. 85‑565.)
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(210 ILCS 115/4.2) (from Ch. 111 1/2, par. 714.2)
Sec. 4.2.
An application for a permit to alter a licensed mobile home
park shall be submitted to the Department for any changes to the water,
sewage, fuel, or electrical systems other than normal maintenance, the
relocation of sites or the expansion of the number of sites in the park.
Detailed plans and specifications shall be provided to show compliance with
this Act and the promulgated rules. A plan review fee of $50 shall
accompany the application. This fee shall not be refundable.
Construction shall not commence until a permit is issued.
(Source: P.A. 85‑565.)
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(210 ILCS 115/4.3) (from Ch. 111 1/2, par. 714.3)
Sec. 4.3.
An application to reduce the number of licensed sites shall
be submitted to the Department no later than 10 days prior to the proposed
date of reduction. The specific sites no longer required to be licensed,
and either the method of disconnecting the required utilities or a
description of the method of immobilizing the mobile homes shall be
provided. If the reduction results in less than 5 mobile homes remaining,
the license shall be void if the application is approved. No fee shall be
required. The licensee shall be responsible for insuring that all
utilities at vacated spaces are disconnected or sealed, as prescribed by the Department.
(Source: P.A. 85‑565.)
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(210 ILCS 115/4.4) (from Ch. 111 1/2, par. 714.4)
Sec. 4.4.
A mobile home park whose license has been voided, suspended,
denied or revoked may be relicensed by submission of the application items
required in paragraphs (a), (b), (c) and (e) of Section 4 and an
application fee of $50 which is nonrefundable. Approval shall be issued if
an inspection of the park by the Department indicates compliance with this
Act and the rules promulgated pursuant to this Act.
(Source: P.A. 85‑565.)
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(210 ILCS 115/5) (from Ch. 111 1/2, par. 715)
Sec. 5.
Upon receipt of an application for a permit to construct a new
mobile home park, an application for an original license to operate and
maintain the same, or an application for a permit to alter a licensed
mobile home park, the Department shall, if the park is, or the proposed
park will be, in conformity with this Act and the rules and regulations
adopted by the Department pursuant thereto, issue a permit to construct, a
permit to alter or an original license, as the case may be. If the
application for a permit to construct, a permit to alter or an original
license is declined, the Department shall give the reasons therefore in
writing to the applicant; and if the objections can be corrected, the
applicant may amend his application and re‑submit it for approval.
If a permit to construct or a permit to alter a park has been issued,
the applicant upon completion thereof shall notify the Department. The
Department shall then inspect the park and, if completed in accordance with
the approved plans, shall issue a license for the number of approved sites
after receipt of the required fee.
A permit does not relieve the applicant from securing building
permits in municipalities or counties having a building code, or from
complying with any municipal or county zoning or other ordinance applicable
thereto. Within 10 days of receiving an application for a permit to
construct a new park or expand a licensed park, the Department shall send a
copy thereof, by certified mail, to the county or municipality in which the
proposed park is located. Construction for which the Department has issued
a permit shall not commence until the applicant has received any required
municipal or county building and zoning approvals. No license to operate
and maintain a mobile home park shall be issued upon the Department's being
notified, within 60 days of the mailing of the application to the
municipality or county, as provided in this Section by a written
certification from the municipal or county zoning board or commission of
any municipality or county that such park is in violation of any municipal
or county zoning or other ordinances and that such park was not in
existence at the time of the passage of such municipal or county zoning or
other ordinances. Upon certification from such municipal or county zoning
board that such park has complied with the municipal or county zoning or
other ordinances and other requirements of this Act have been met, such
license shall be issued. Within ten days after such park has complied with
the municipal or county zoning ordinance the municipal or county zoning
board or commission shall certify such compliance to the Department.
Provided, fees charged by such municipality or county for such permits
shall not exceed the usual charge for the services provided by such
municipality or county in connection with such permits.
(Source: P.A. 85‑565.)
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(210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
Sec. 6.
In addition to the application fees provided for herein, the
licensee shall pay to the Department on or before March 31 of each year, an
annual license fee which shall be $100 plus $3 for each mobile home space
in the park. Annual license fees submitted after April 30 shall be subject
to a $50 late fee. The licensee shall also complete and return a license
renewal application by March 31 of each year.
The licensee shall pay to the Department within 30 days of receipt of
notification from the Department $6 for each additional mobile
home site added to his park under authority of a written permit to alter
the park as provided in Section 4.2 of this Act, payment for the additional
mobile home sites to be made and an amended license therefor obtained
before any mobile homes are accommodated on the additional mobile home
spaces. The Department shall issue an amended license to cover such
additional mobile home sites, when they are to be occupied before the end
of the license year, for which an annual license has been previously issued.
Subsequent to the effective date of this Act, an applicant
for an original license to operate a new park constructed under a permit
issued by the Department shall only be required to pay 1/4 of the annual
fee if such park begins operation after the 31st day of January and before
the 1st day of May of such licensing year; or 1/2 of the annual fee if such
park begins operation after the 31st day of October and before the 1st day
of February of such licensing year or 3/4 of the annual fee if such park
begins operation after the 31st day of July and before the 1st day of
November of such licensing year; but shall be required to pay the entire
annual fee if such park begins operation after the 30th day of April and
before the 1st day of August of such licensing year.
Each license fee shall be paid to the Department and any license fee or
any part thereof, once paid to and accepted by the Department shall not be
refunded.
The Department shall deposit all funds received under this Act in the
State Treasury.
(Source: P.A. 85‑565.)
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(210 ILCS 115/7) (from Ch. 111 1/2, par. 717)
Sec. 7.
Any license granted hereunder shall be subject to revocation or
suspension by the Department. However, the Department shall first serve or
cause to be served upon the licensee a written notice in which shall be
specified the way or ways in which such licensee has failed to comply with
the statute, or any rules or regulations promulgated by the Department
pertaining thereto. Said notice shall require the licensee to remove or
abate such nuisance, insanitary or objectionable condition, specified in
such notice, within 5 days or within a longer period of time as may be
allowed by the Department. If the licensee fails to comply with the terms
and conditions of said notice, within the time specified or such extended
period of time, the Department may revoke or suspend such license.
(Source: P.A. 77‑1472.)
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(210 ILCS 115/8) (from Ch. 111 1/2, par. 718)
Sec. 8.
No person, firm or corporation shall construct a mobile home park
without first obtaining a permit to do so. All permits to construct, all
licenses to operate, and all permits to make alterations therein shall be
prominently displayed in the park office. All licenses issued under
this Act shall be transferable only with the written consent of the
Department, provided, however, that the Department may not withhold such
consent where the provisions of this Act have been met.
The new licensee shall provide to the Department the information required
in paragraphs (a), (c) and (e) of Section 4.
(Source: P.A. 85‑565.)
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(210 ILCS 115/9) (from Ch. 111 1/2, par. 719)
Sec. 9.
Each mobile home park licensed or to be constructed under the
provisions of this Act shall be operated and maintained in accordance with the
requirements of Sections 9.1 to 9.15, inclusive, of this
Act.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(210 ILCS 115/9.1) (from Ch. 111 1/2, par. 719.1)
Sec. 9.1.
Every park shall be managed by a responsible individual
whose name, address and telephone number shall be on file at all times
with the Department and whose duty it shall be to maintain the park, its
facilities and equipment in a clean, orderly and sanitary condition, and
shall be responsible, with the licensee, for any violation of the
provisions of this Act.
(Source: P.A. 85‑565.)
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(210 ILCS 115/9.2) (from Ch. 111 1/2, par. 719.2)
Sec. 9.2.
No park shall be so located that the drainage of the park area will
endanger any water supply. All such parks shall be well drained. No waste
water shall be deposited on the surface of the ground within the mobile
home park.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.3) (from Ch. 111 1/2, par. 719.3)
Sec. 9.3.
Each site on which a mobile home is accommodated shall have a
minimum area of 2,500 square feet, provided that sites existing in parks or
approved by the Department for construction prior to August 21, 1967, shall
contain an area of not less than 1,000 square feet, and sites constructed
between August 21, 1967 and the effective date of this amendatory Act of
1987 shall contain an area of not less than 2,100 feet.
No mobile home shall be parked closer than 5 feet to the side lot lines
of a park, or closer than 10 feet to a public street, alley or building.
Each individual site shall abut or face on a private or public street. All
streets shall have unobstructed access to a public street. There shall be an
open space of at least 10 feet adjacent to the sides of every mobile home
and at least 5 feet adjacent to the ends of every mobile home.
(Source: P.A. 85‑565.)
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(210 ILCS 115/9.4) (from Ch. 111 1/2, par. 719.4)
Sec. 9.4.
An adequate supply of water of safe, sanitary quality, approved by the
Department shall be furnished at each park. Where water from other sources
than that supplied by a city or village is proposed to be used, the source
of such supply shall first be approved by the Department. Each site shall
be provided with a cold water tap located in accordance as per regulations
of the Department.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.5) (from Ch. 111 1/2, par. 719.5)
Sec. 9.5.
All sewage and other water carried wastes shall be disposed of into a
municipal sewerage system whenever the interceptor or sewer main of such
system is adjacent to the park. In parks in which such connections are not
available, disposal shall be into a private system which includes a
sanitary means of disposal, the operation of which creates neither a
nuisance nor a menace to health.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.6) (from Ch. 111 1/2, par. 719.6)
Sec. 9.6.
When a water carriage system of sewage is used each site shall be
provided with a sewer connection for the combined liquid waste outlet or
outlets of each mobile home. It shall be the duty of the owner or operator
of said park to provide an approved type of water and odor tight connection
from the mobile home water drainage to the sewer connection, and it shall
be the duty of said owner or operator to make such connection and keep all
occupied mobile homes, connected to said sewer while located in the park.
Sewer connections in unoccupied sites shall be so closed that they will
emit no odors or cause a breeding place for flies. No water or waste shall
be allowed to fall on the ground from a mobile home.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.7) (from Ch. 111 1/2, par. 719.7)
Sec. 9.7.
A sufficient number of adequate flyproof and watertight containers in
accordance with Rules and Regulations adopted by the Department shall be
supplied for the storage of garbage except where an adequate incinerator is
provided.
Garbage containers shall be emptied at least once a week and shall not
be filled to overflowing, or allowed to become foul smelling or a breeding
place for flies.
Garbage and rubbish shall be disposed of in a manner which creates
neither a nuisance nor a menace to health and which is approved by the
Department.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.8) (from Ch. 111 1/2, par. 719.8)
Sec. 9.8.
Adequate insect and rodent control measures shall be employed. All
buildings shall be fly and rodent proof and rodent harborages shall not be
permitted to exist in the park or pathways.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.9) (from Ch. 111 1/2, par. 719.9)
Sec. 9.9.
Mobile homes in mobile home parks shall each be equipped with fire
extinguishers in working order, one in each end of the mobile home.
Inspection of any such equipment and enforcement of any Rules and
Regulations adopted pursuant to this paragraph shall be the duty of the
State Fire Marshall and local law enforcement agencies in the county or
municipality where the mobile home park is located.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.10) (from Ch. 111 1/2, par. 719.10)
Sec. 9.10.
Porches, carports, garages, sheds, awnings, skirting, and
auxiliary rooms shall be constructed of materials specified by regulations.
(Source: P.A. 85‑565.)
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(210 ILCS 115/9.11) (from Ch. 111 1/2, par. 719.11)
Sec. 9.11.
All streets in every park must be maintained in a passable
and reasonably dust‑proof condition at all times.
(Source: P.A. 85‑565.)
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(210 ILCS 115/9.12) (from Ch. 111 1/2, par. 719.12)
Sec. 9.12.
The management of every park shall assume full responsibility for
maintaining in good repair and condition all sanitary, electrical and
safety appliances in the park, and shall promptly bring such action as is
necessary to prosecute or eject from the park any person or persons who
willfully or maliciously damage such appliances, or any person or persons
who fail to comply with the regulations of this Act.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.13) (from Ch. 111 1/2, par. 719.13)
Sec. 9.13.
Electrical outlets for each individual site shall be provided and the
installation shall be in accordance with all state or local codes and
ordinances.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/9.14) (from Ch. 111 1/2, par. 719.14)
Sec. 9.14.
In no event shall a dependent mobile home, or non‑permanent shelter or
other vehicle designed or used for sleeping purposes, other than an
independent mobile home, be permitted for occupancy at any time in a mobile
home park.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/10.1) (from Ch. 111 1/2, par. 720.1)
Sec. 10.1.
When community kitchens, dining rooms, laundries, or other facilities
are provided, such facilities and equipment as are supplied must be
maintained in a sanitary condition and kept in good repair, and subject to
such rules and regulations as may be issued by the Department.
(Source: P.A. 77‑1472.)
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(210 ILCS 115/10.2) (from Ch. 111 1/2, par. 720.2)
Sec. 10.2.
All buildings constructed or altered, all plumbing, and all electrical
and heating installations shall be in accordance with existing municipal
and county building ordinances and the rules and regulations of the
Department.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/11) (from Ch. 111 1/2, par. 721)
Sec. 11.
When the Department has approved an application for a permit to
construct or make alterations upon a mobile home park or the appurtenances
thereto or a license to operate and maintain the same, it shall retain the
original and keep a file thereof. The Department shall notify
the clerk of the municipality if the park is located within the limits of a
municipality or the county clerk if said park is located outside the limits
of a municipality of all approved applications for construction of new
parks or expansion of licensed parks.
The Department shall draft and supply all forms and blanks and specify
the number and detail necessary to obtain permits to construct or make
alterations upon parks; and for a license to operate and maintain such a
park according to this Act.
(Source: P.A. 85‑565.)
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(210 ILCS 115/12) (from Ch. 111 1/2, par. 722)
Sec. 12.
The Department shall keep a record of all mobile home parks; said
records to show the names and addresses of all parks, names and addresses
of the licensees, number of mobile home lots in each park, source of water
supply, system of sewage and garbage disposal, and any other information
desired by the Department.
The Department shall supply licensees of all parks with any and all
health rules and regulations pertaining thereto made by the Department, and
any change or changes that may be made from time to time and such rules and
regulations shall be posted by the management of such park in a protected,
conspicuous place within the park.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/13) (from Ch. 111 1/2, par. 723)
Sec. 13.
A register shall be maintained by the manager of each mobile
home park. Such register shall include the name and address of
the owner of each mobile home and every occupant of such mobile home
and the square feet of floor space contained in such mobile home and the
date of entry of such mobile home into the park. The
register shall be signed by the owner or occupant of the mobile home.
Any person furnishing misinformation for purposes of registration shall
be deemed guilty of a Class A misdemeanor. The registration records
shall be neatly and securely maintained, and no registration records
shall be destroyed until six years have elapsed following the date of
registration. The register shall be available for inspection upon request
by all law enforcement officers and by the Department.
(Source: P.A. 85‑565.)
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(210 ILCS 115/18) (from Ch. 111 1/2, par. 728)
Sec. 18.
In addition to the license provided in Section 3 of this Act, any county
or municipality in this State may provide for the licensing of a mobile
home park within its corporate limits; provided, such license shall not
serve to exempt such park from the license and fee provided in Section 3;
and, further provided, such county or municipality shall not charge a fee
greater than $50 per calendar year for such municipal or county license.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
Sec. 19.
Whoever violates any provision of this Act, shall, except as otherwise
provided, be guilty of a Class B misdemeanor. Each day's violation shall
constitute a separate offense. The State's Attorney of the county in which
the violation occurred, or the Attorney General shall bring such actions in
the name of the people of the State of Illinois, or may, in addition to
other remedies provided in this Act, bring action for an injunction to
restrain such violation, or to enjoin the operation of any such mobile home
park.
(Source: P. A. 78‑255.)
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(210 ILCS 115/20) (from Ch. 111 1/2, par. 730)
Sec. 20.
Nothing in this Act shall be construed to include the state parks of
Illinois and the term "Mobile home park" shall not be construed to include
buildings, tents, or other structures maintained by any individual or
company on their own premises and used exclusively to house their own farm
labor, or any military establishment of the United States or of this State
wherein a travel trailer or mobile home may be located or harbored, or any
park or State or county fairgrounds for a period during, immediately prior
to and immediately subsequent to the holding of the fair not to exceed a
total of two weeks in all, or the area or premises on any farm upon which
are harbored travel trailers, or mobile homes occupied by persons employed
upon such farm for not more than 120 days in any calendar year in the
production, harvesting or processing of agricultural or horticultural
products produced on such farm, or any park owned or operated by any
municipality or county; provided, such municipality or county shall meet
sanitary and safety provisions, keep a register, and make reports, as
required by this Act for a licensee.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/21) (from Ch. 111 1/2, par. 731)
Sec. 21.
The Department shall enforce the provisions of this Act and the
rules and regulations adopted pursuant thereto affecting health,
sanitation, water supply, sewage, garbage and waste disposal, and the
Department shall inspect, at least once each year, each mobile home park
and all the accommodations and facilities therewith. Such officials or
officers are hereby granted the power and authority to enter upon the
premises of such parks at any time for the purposes herein set forth.
The Department may issue rules and regulations to carry out the
provisions of this Act. Such rules may contain provisions for the
Department to grant a waiver to a mobile home park, if the intent and
purpose of the Act are met.
In the administration and enforcement of this Act, the Department may
designate and use full‑time city or county health departments as its agents
in making inspections and investigations.
(Source: P.A. 85‑565.)
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(210 ILCS 115/22) (from Ch. 111 1/2, par. 732)
Sec. 22.
Any person refused a permit to construct or alter a park or a
license, or whose license is suspended or revoked, shall have the right to a hearing
before the Department. A written notice of a request for such a hearing
shall be served upon the Department within 20 days of such refusal of a
permit to construct or alter or refusal of a license or suspension or
revocation thereof. The Director shall give written notice of such
decision, by registered mail, to the park operator or the applicant, as the
case may be, within 5 days of such refusal, suspension or revocation.
The hearing shall be conducted by the Director, or a duly qualified
employee of the Department designated in writing by the Director as a
Hearing Officer.
The Director or Hearing Officer may compel by subpoena or subpoena duces
tecum the attendance and testimony of witnesses and the production of books
and papers, and administer oaths to witnesses. The hearing shall be
conducted at such place as designated by the Department, except that
hearings concerning the establishment, operation or licensing of a park in
a county of 1,000,000 or more inhabitants shall be conducted in such
county. The Director shall give written notice of the time and place of
hearing, by registered mail, to the park operator or license applicant, as
the case may be, at least 10 days prior to such hearing.
The Director or Hearing Officer shall permit the applicant or licensee
to appear in person and to be represented by counsel at the hearing at
which time the applicant or licensee shall be afforded an opportunity to
present all relevant matter in support of his application for license or
renewal of license or in resisting the revocation thereof.
In the event of the inability of any party, or the Department, to
procure the attendance of witnesses to give testimony or produce books and
papers, such party or the Department may take the deposition of witnesses
in accordance with the law pertaining to the taking of depositions in
civil cases in the circuit courts of this State.
All testimony taken at a hearing shall be reduced to writing, and all such testimony and
other evidence introduced at the hearing shall constitute a part
of the record of the hearing.
The Director shall make findings of fact in such hearing, and the
Director shall render his or her decision within 30 days after the termination
of the hearing, unless additional time is required by him or her for
a proper disposition of the matter. When the hearing
has been conducted by a Hearing
Officer, the Director shall review the record before rendering a decision.
It shall be the duty of the Director to forward a copy of his or her
decision, by registered mail, to the park operator or applicant, as the case may be,
within 5 days of rendering such decision.
Technical errors in the proceeding before the Director or Hearing
Officer or their failure to observe the technical rules of evidence shall
not constitute grounds for the reversal of any administrative decision
unless it appears to the court that such error or failure materially
affects the rights of any party and results in substantial injustice to
him.
All subpoenas issued by the Director or Hearing Officer may be served as
provided for in civil actions. The fees of witnesses for
attendance and travel shall be the same as the fees for witnesses before
the Circuit Court and shall be paid by the party to such proceeding at whose request the
subpoena is issued. If such subpoena is issued at the request of the
Department, the witness fee shall be paid as an administrative expense.
In cases of refusal of a witness to attend or testify, or to produce
books or papers, concerning any matter upon which he might be lawfully
examined, the Circuit Court of the county wherein the hearing is held, upon
application of any party to the proceeding, may compel
obedience by proceeding for contempt as in cases of a like refusal to obey
a similar order of the Court.
The Department shall not be required to certify any record or file any
answer or otherwise appear in any proceeding for judicial review unless the
party filing the complaint deposits with the clerk of the court the sum of
95 cents per page representing costs of such certification. Failure on the
part of the plaintiff to make such deposit shall be grounds for dismissal
of the action.
(Source: P.A. 83‑334.)
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(210 ILCS 115/22.1) (from Ch. 111 1/2, par. 732.1)
Sec. 22.1.
The provisions of the Illinois Administrative Procedure Act are
hereby expressly adopted and shall apply to all administrative rules and
procedures of the Department of Public Health under this Act, except that in
case of conflict between the Illinois Administrative Procedure Act and this Act
the provisions of this Act shall control, and except that Section 5‑35 of the
Illinois Administrative Procedure Act relating to procedures for rule‑making
does not apply to the adoption of any rule required by federal law in
connection with which the Department is precluded by law from exercising any
discretion.
(Source: P.A. 88‑45.)
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(210 ILCS 115/23) (from Ch. 111 1/2, par. 733)
Sec. 23.
The Administrative Review Law, and all
amendments and modifications thereof, and the rules adopted pursuant
thereto, shall apply to and govern all proceedings for judicial review of
final administrative decisions of the Department hereunder. The term
"administrative decision" is defined as in Section 3‑101 of the Code of Civil Procedure.
(Source: P.A. 82‑783.)
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(210 ILCS 115/24) (from Ch. 111 1/2, par. 734)
Sec. 24.
If any one or more of the provisions of this Act is declared
unconstitutional or the application thereof is held invalid, the validity
of the remainder of the Act and the application of such provisions to other
persons and circumstances shall not be affected thereby.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/25) (from Ch. 111 1/2, par. 735)
Sec. 25.
"An Act in relation to the licensing and regulation of trailer coach
parks", approved July 13, 1953, as amended, is repealed effective midnight,
April 30, 1972.
(Source: P. A. 77‑1472.)
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(210 ILCS 115/26) (from Ch. 111 1/2, par. 736)
Sec. 26.
This Act does not apply within the corporate limits of
any home rule unit.
(Source: P.A. 85‑565.)
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(210 ILCS 115/27) (from Ch. 111 1/2, par. 737)
Sec. 27.
This Act shall be known and may be cited as the Mobile Home Park Act.
(Source: P.A. 85‑565.)
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