720 ILCS 5/12-5.2
2021 Illinois Compiled Statutes|Chapter 720 - CRIMINAL OFFENSES|720 ILCS 5/ - Criminal Code of 2012.|Title III - Specific Offenses

 (from Ch. 38, par. 12-5.2)Sec. 12-5.2. Injunction in connection with criminal housing management or aggravated criminal housing management.(a) In addition to any other remedies, the  State's Attorney of the county where the residential property which  endangers the health or safety of any person exists is authorized to file a  complaint and apply  to the circuit court for a temporary restraining order, and such circuit  court shall upon hearing grant a temporary restraining order or a  preliminary or permanent injunction, without bond, restraining any person  who owns, manages, or has any equitable interest in the property, from  collecting, receiving or benefiting from any rents or other monies  available from the property, so long as the property remains in a condition  which endangers the health or safety of any person.(b) The court may order any rents or other monies owed to be paid into  an escrow account.  The funds are to be paid out of the escrow account only  to satisfy the reasonable cost of necessary repairs of the property which  had been incurred or will be incurred in ameliorating the condition of the  property as described in subsection (a),  payment of delinquent  real estate taxes on the property or payment of other legal debts relating  to the property.  The court may order that funds remain in escrow for a  reasonable time after the completion of all necessary repairs to assure  continued upkeep of the property and satisfaction of other outstanding  legal debts of the property.(c) The owner shall be responsible for contracting to have necessary  repairs completed and shall be required to submit all bills, together with  certificates of completion, to the manager of the escrow account within 30  days after their receipt by the owner.(d) In contracting for any repairs required pursuant to this  Section the owner of the property shall enter into a contract only after  receiving bids   from at least 3 independent contractors capable of making  the necessary repairs.  If the owner does not contract for the repairs with  the lowest bidder, he shall file an affidavit with the court explaining why  the lowest bid was not acceptable.  At no time, under the provisions of  this Section, shall the owner contract with anyone who is not a licensed  contractor, except that a contractor need not be licensed if neither the State nor the county, township, or municipality where the residential real estate is located requires that the contractor be licensed.  The court may order release of those funds in the escrow  account that are in excess of the monies that the court determines to its  satisfaction are needed to correct the condition of the property as  described in subsection (a).For the purposes of this Section, "licensed contractor" means: (i) a contractor licensed by the State, if the State requires the licensure of the contractor; or (ii) a contractor licensed by the county, township, or municipality where the residential real estate is located, if that jurisdiction requires the licensure of the contractor.(e) The Clerk of the Circuit Court shall maintain a separate trust  account entitled "Property Improvement Trust Account", which shall serve as  the depository for the escrowed funds prescribed by this Section.  The  Clerk of the Court shall be responsible for the receipt, disbursement,  monitoring and maintenance of all funds entrusted to this account, and  shall provide to the court a quarterly accounting of the activities for any  property, with funds in such account, unless the court orders accountings  on a more frequent basis.The Clerk of the Circuit Court shall promulgate rules and procedures to  administer the provisions of this Act.(f) Nothing in this Section shall in any way be construed to limit or  alter any existing liability incurred, or to be incurred, by the owner or  manager except as expressly provided in this Act.  Nor shall anything in  this Section be construed to create any liability on behalf of the Clerk of  the Court, the State's Attorney's office or any other governmental agency  involved in this action.Nor shall anything in this Section be construed to authorize tenants to  refrain from paying rent.(g) Costs. As part of the costs of an action under this Section, the  court shall assess a reasonable fee against the defendant to be paid to the  Clerk of the Circuit Court.  This amount is to be used solely for the maintenance  of the Property Improvement  Trust Account.  No money obtained directly or indirectly from the property  subject to the case may be used to satisfy this cost.(h) The municipal building department or other entity responsible for  inspection of property and the enforcement of such local requirements  shall, within 5 business days of a request by the State's Attorney,  provide all documents requested, which shall include, but not be limited  to, all records of inspections, permits and other information relating to  any property.  (Source: P.A. 96-1551, eff. 7-1-11.)