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Court Addresses Fees for Zoning Violations

"The Second District Appellate Court recently considered the fines that a municipality may impose for violations of a zoning ordinance in the case of City of Kankakee v. Ellington-Snipes.

The controversy began on April 20, 2016, when the city issued a notice of violation to the property owner for various code violations relating to property maintenance issues. After the property owner failed to remedy the code violations, the city issued a citation. However, the city subsequently dismissed the citation without prejudice.

Approximately 10 months later, on July 20, 2017, the city served the property owner with a lawsuit alleging that a tent that had been erected on the property violated the city’s zoning ordinance. The city asked the court for an injunction and for payment of fines not exceeding $500 per day. The property owner failed to answer the lawsuit or otherwise appear in court, and the city obtained a default judgment...." READ THE FULL ARTICLE > >

Post Authored by Kurt Asprooth, Ancel Glink. Please read the full Municipal Minute, blog post here:

Municipal Minute is authored by attorney Julie Tappendorf at Ancel Glink.

This information is not intended to convey or constitute legal advice and is not a substitute for consulting a qualified attorney. View expressed do not reflect the views or opinions of the American Planning Association - Illinois Chapter.

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