The Law and How We Use It

TOWN's litigation program is based upon a statute (65 ILCS 5/11-13-15) through which the Illinois legislature has empowered citizens to protect their properties and neighborhoods by using the court to enforce building and zoning codes. Any person who owns or rents property within 1,200 feet of a blighted building or nuisance property may bring suit to compel the owner of that property to cure code violations.

The plaintiff is not required to show any special impact upon his property or economic loss, since the code violations themselves confer the standing to bring the suit. TOWN provides legal counsel to the plaintiff and advances the costs of litigation. If the plaintiff wins the case, the statute provides for a recovery from the defendant of the plaintiff's costs, which are reimbursed to TOWN, and also for the recovery of a reasonable attorney's fee.

Before a case is filed, TOWN's legal counsel inspects the targeted property with a building contractor, creating a list of code violations and taking photos to document the condition of the property. After the case is filed, the owner of the blighted or nuisance property will often agree to a settlement to control the cost of litigating a case that he is likely to lose. An agreed court order is then entered, giving the owner a reasonable time to make the repairs or demolish the structure. The defendant's failure to follow through could result in additional penalties for contempt of court.

TOWN's policy has always been to use this litigation as a tool to address blighted buildings, nuisance properties, or similar conditions that spread urban decay, harm neighborhoods, reduce property values and create a negative community image. Owner-occupied single-family homes have not been TOWN targets, and minor code violations are left to city code enforcement.

Previous...  More...