Full Text of HB5263 94th General Assembly
HB5263 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB5263
Introduced 1/25/2006, by Rep. Naomi D. Jakobsson SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Provides lien enforcement procedures concerning liens on real property filed by a municipality to recover costs incurred by the municipality to enforce ordinances that prohibit the presence of garbage, inoperable vehicles, vermin, and unmown grass and weeds on real property. Effective immediately.
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A BILL FOR
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HB5263 |
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LRB094 15375 AJO 50566 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 9-2-4.5 as follows: | 6 |
| (65 ILCS 5/9-2-4.5) | 7 |
| Sec. 9-2-4.5. Special assessment for payment of costs | 8 |
| associated with certain ordinance violations. | 9 |
| (a) Definitions. For purposes of this Section :
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| "Code" means any municipal ordinance that requires, | 11 |
| after notice, the cutting of grass and weeds, the removal | 12 |
| of garbage and debris, the removal of inoperable motor | 13 |
| vehicles, and rodent and vermin abatement.
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| "Code enforcement lien" means a lien against a parcel | 15 |
| of property, filed of record by a municipality in the | 16 |
| office of the recorder in the county in which the property | 17 |
| is located, for the costs that the municipality incurred to | 18 |
| correct a code violation on that property.
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| (b) In addition to any other method authorized by law, with | 20 |
| the consent of the county collector, in any calender year code | 21 |
| enforcement liens may be collected under this Division 2 as a | 22 |
| special assessment on the property if the attorney for the | 23 |
| municipality signs and delivers a certificate to the county | 24 |
| collector 60 days or more before the annual tax sale stating | 25 |
| the following with respect to each code enforcement lien | 26 |
| submitted to the county collector for collection under this | 27 |
| Division: | 28 |
| (1) The permanent index number or parcel number of the | 29 |
| property, with the corresponding amount to be assessed. | 30 |
| (2) That the person in whose name general real estate | 31 |
| taxes were last assessed on the property was given a | 32 |
| written notice of a code violation existing on the property |
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HB5263 |
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LRB094 15375 AJO 50566 b |
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| and a directive to correct the code violation by a | 2 |
| designated date, together with a legal description of the | 3 |
| property, in accordance with the municipality's relevant | 4 |
| ordinance. | 5 |
| (3) That upon reinspection of the property after the | 6 |
| compliance deadline date, the code violation still exists. | 7 |
| (4) That the municipality incurred costs in the amount | 8 |
| of $ (insert amount) to correct or abate the code violation | 9 |
| on the property. | 10 |
| (5) That the municipality has sent the person in whose | 11 |
| name general real estate taxes were last assessed a written | 12 |
| notice of lien in substantially the following form, by | 13 |
| certified mail, postage pre-paid, to the address appearing | 14 |
| on the last real estate tax bill for the property: | 15 |
| TO: (insert name of person in whose name general | 16 |
| real estate taxes were last assessed) | 17 |
| You are hereby notified that (insert name of | 18 |
| municipality), a municipality, has filed a lien | 19 |
| against the following described property: (insert | 20 |
| legal description and common street address). A copy of | 21 |
| the lien is attached. The property owner may contest | 22 |
| whether the lien was properly authorized under the | 23 |
| relevant statute or ordinance or may contest the amount | 24 |
| of the lien, by filing a written notice of contest with | 25 |
| the municipal clerk within 15 days after the date of | 26 |
| this notice. If a notice of contest is filed, the | 27 |
| property owner will be afforded a hearing before a | 28 |
| hearing officer or his or her designee. | 29 |
| (6) That the amount of the lien remains unpaid 15 days | 30 |
| after the notice of lien was mailed or, if the property | 31 |
| owner requests a hearing within the time allotted, that an | 32 |
| amount due remains unpaid 15 days after the municipality | 33 |
| mailed the property owner a written decision by the mayor | 34 |
| or his or her designee stating that the amount of the costs | 35 |
| stated in the lien are affirmed or that, after modification | 36 |
| by the written decision, there remains a different amount |
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HB5263 |
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LRB094 15375 AJO 50566 b |
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| due.
if (i) a property owner is cited with a Code | 2 |
| violation, (ii) non-compliance is found upon reinspection | 3 |
| of the property after the due date for compliance with an | 4 |
| order to correct the Code violation or with an order for | 5 |
| abatement, (iii) costs for services rendered by the | 6 |
| municipality to correct the Code violation remain unpaid at | 7 |
| the point in time that they would become a debt due and | 8 |
| owing the municipality, as provided in Division 31.1 of | 9 |
| Article 11 of the Illinois Municipal Code, and (iv) a lien | 10 |
| has been filed of record by the municipality in the office | 11 |
| of the recorder in the county in which the property is | 12 |
| located, then those costs may be collected as a special | 13 |
| assessment on the property under this Division.
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| (c) Upon payment of the amount of costs due that is stated | 15 |
| in the code enforcement lien, or if the property owner requests | 16 |
| a hearing, the amount of costs due that is stated in the | 17 |
| written decision, and the recording fees
costs by the owner of | 18 |
| record or persons interested in the property , the lien shall be | 19 |
| released by the municipality and the release shall be filed of | 20 |
| record in the same manner as the filing of notice of the lien.
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| (Source: P.A. 93-993, eff. 1-1-05.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
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