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90_HB0350
65 ILCS 5/11-20-7 from Ch. 24, par. 11-20-7
Amends the Illinois Municipal Code. Provides that a
municipality may enforce a lien for the cost of cutting weeds
on private property by foreclosure proceedings within 2 years
after the date of filing notice of lien. Provides that the
lien shall include attorney's fees and costs.
LRB9001825PTcw
LRB9001825PTcw
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-20-7.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-20-7 as follows:
7 (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
8 Sec. 11-20-7. Weed cutting costs; lien, notice, and
9 foreclosure. The corporate authorities of each municipality
10 may provide for the cutting of weeds in the municipality,
11 when the owners of real estate refuse or neglect to cut them
12 and to collect from the owners of private property the
13 reasonable cost thereof. This cost is a lien upon the real
14 estate affected, superior to all other liens and
15 encumbrances, except tax liens; provided that within 60 days
16 after such cost and expense is incurred the municipality, or
17 person performing the service by authority of the
18 municipality, in his or its own name, files notice of lien in
19 the office of the recorder in the county in which such real
20 estate is located or in the office of the Registrar of Titles
21 of such county if the real estate affected is registered
22 under the Torrens system. The notice shall consist of a sworn
23 statement setting out (1) a description of the real estate
24 sufficient for identification thereof, (2) the amount of
25 money representing the cost and expense incurred or payable
26 for the service, and (3) the date or dates when such cost and
27 expense was incurred by the municipality. However, the lien
28 of such municipality shall not be valid as to any purchaser
29 whose rights in and to such real estate have arisen
30 subsequent to the weed-cutting and prior to the filing of
31 such notice, and the lien of such municipality shall not be
-2- LRB9001825PTcw
1 valid as to any mortgagee, judgment creditor or other lienor
2 whose rights in and to such real estate arise prior to the
3 filing of such notice. Upon payment of the cost and expense
4 by the owner of or persons interested in such property after
5 notice of lien has been filed, the lien shall be released by
6 the municipality or person in whose name the lien has been
7 filed and the release may be filed of record as in the case
8 of filing notice of lien.
9 The cost of the cutting of weeds shall not be lien on the
10 real estate affected unless a notice is personally served on,
11 or sent by certified mail to, the person to whom was sent the
12 tax bill for the general taxes on the property for the last
13 preceding year. The notice shall be delivered or sent after
14 the cutting of weeds on the property. The notice shall state
15 the substance of this Section and the substance of any
16 ordinance of the municipality implementing this Section and
17 shall identify the property, by common description, and the
18 location of the weeds to be cut.
19 The lien may be enforced by proceedings to foreclose as
20 in the case of mortgages. The lien shall include reasonable
21 attorney's fees and costs. An action to foreclose this lien
22 shall be commenced within 2 years after the date of filing
23 notice of lien.
24 (Source: P.A. 88-355.)