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91_HB2301
LRB9105122MWdv
1 AN ACT to amend the Counties Code by changing Section
2 5-1121.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-1121 as follows:
7 (55 ILCS 5/5-1121)
8 Sec. 5-1121. Demolition, repair, or enclosure.
9 (a) The county board of each county may upon a formal
10 request by the city, village, or incorporated town demolish,
11 repair, or enclose or cause the demolition, repair, or
12 enclosure of dangerous and unsafe buildings or uncompleted
13 and abandoned buildings within the territory of the county,
14 but outside the territory of any municipality, and may remove
15 or cause the removal of garbage, debris, and other hazardous,
16 noxious, or unhealthy substances or materials from those
17 buildings. In any county having adopted, by referendum or
18 otherwise, a county health department as provided by Division
19 5-25 of the Counties Code or its predecessor, the county
20 board of any such county may upon a formal request by the
21 city, village, or incorporated town demolish, repair, or
22 cause the demolition or repair of dangerous and unsafe
23 buildings or uncompleted and abandoned buildings within the
24 territory of any city, village, or incorporated town having a
25 population of less than 50,000.
26 The county board shall apply to the circuit court of the
27 county in which the building is located (i) for an order
28 authorizing action to be taken with respect to a building if
29 the owner or owners of the building, including the lien
30 holders of record, after at least 15 days' written notice by
31 mail to do so, have failed to commence proceedings to put the
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1 building in a safe condition or to demolish it or (ii) for an
2 order requiring the owner or owners of record to demolish,
3 repair, or enclose the building or to remove garbage, debris,
4 and other hazardous, noxious, or unhealthy substances or
5 materials from the building. It is not a defense to the
6 cause of action that the building is boarded up or otherwise
7 enclosed, although the court may order the defendant to have
8 the building boarded up or otherwise enclosed. Where, upon
9 diligent search, the identity or whereabouts of the owner or
10 owners of the building, including the lien holders of record,
11 is not ascertainable, notice mailed to the person or persons
12 in whose name the real estate was last assessed and the
13 posting of the such notice upon the premises sought to be
14 demolished or repaired is sufficient notice under this
15 Section.
16 The hearing upon the application to the circuit court
17 shall be expedited by the court and shall be given precedence
18 over all other suits.
19 The cost of the demolition, repair, enclosure, or removal
20 incurred by the county, by an intervenor, or by a lien holder
21 of record, including court costs, attorney's fees, and other
22 costs related to the enforcement of this Section, is
23 recoverable from the owner or owners of the real estate or
24 the previous owner or both if the property was transferred
25 during the 15 day notice period and is a lien on the real
26 estate; the lien is superior to all prior existing liens and
27 encumbrances, except taxes, if, within 180 days after the
28 repair, demolition, enclosure, or removal, the county, the
29 lien holder of record, or the intervenor who incurred the
30 cost and expense shall file a notice of lien for the cost and
31 expense incurred in the office of the recorder in the county
32 in which the real estate is located or in the office of the
33 registrar of titles of the county if the real estate affected
34 is registered under the Registered Titles (Torrens) Act.
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1 The notice must consist of a sworn statement setting out
2 (1) a description of the real estate sufficient for its
3 identification, (2) the amount of money representing the cost
4 and expense incurred, and (3) the date or dates when the cost
5 and expense was incurred by the county, the lien holder of
6 record, or the intervenor. Upon payment of the cost and
7 expense by the owner of or persons interested in the property
8 after the notice of lien has been filed, the lien shall be
9 released by the county, the person in whose name the lien has
10 been filed, or the assignee of the lien, and the release may
11 be filed of record as in the case of filing notice of lien.
12 Unless the lien is enforced under subsection (b), the lien
13 may be enforced by foreclosure proceedings as in the case of
14 mortgage foreclosures under Article XV of the Code of Civil
15 Procedure or mechanics' lien foreclosures. An action to
16 foreclose this lien may be commenced at any time after the
17 date of filing of the notice of lien. The costs of
18 foreclosure incurred by the county, including court costs,
19 reasonable attorney's fees, advances to preserve the
20 property, and other costs related to the enforcement of this
21 subsection, plus statutory interest, are a lien on the real
22 estate and are recoverable by the county from the owner or
23 owners of the real estate.
24 All liens arising under this subsection (a) shall be
25 assignable. The assignee of the lien shall have the same
26 power to enforce the lien as the assigning party, except that
27 the lien may not be enforced under subsection (b).
28 If the appropriate official of any county determines that
29 any dangerous and unsafe building or uncompleted and
30 abandoned building within its territory fulfills the
31 requirements for an action by the county under the Abandoned
32 Housing Rehabilitation Act, the county may petition under
33 that Act in a proceeding brought under this subsection.
34 (b) In any case where a county has obtained a lien under
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1 subsection (a), the county may enforce the lien under this
2 subsection (b) in the same proceeding in which the lien is
3 authorized.
4 A county desiring to enforce a lien under this subsection
5 (b) shall petition the court to retain jurisdiction for
6 foreclosure proceedings under this subsection. Notice of the
7 petition shall be served, by certified or registered mail, on
8 all persons who were served notice under subsection (a). The
9 court shall conduct a hearing on the petition not less than
10 15 days after the notice is served. If the court determines
11 that the requirements of this subsection (b) have been
12 satisfied, it shall grant the petition and retain
13 jurisdiction over the matter until the foreclosure proceeding
14 is completed. The costs of foreclosure incurred by the
15 county, including court costs, reasonable attorneys' fees,
16 advances to preserve the property, and other costs related to
17 the enforcement of this subsection, plus statutory interest,
18 are a lien on the real estate and are recoverable by the
19 county from the owner or owners of the real estate. If the
20 court denies the petition, the county may enforce the lien in
21 a separate action as provided in subsection (a).
22 All persons designated in Section 15-1501 of the Code of
23 Civil Procedure as necessary parties in a mortgage
24 foreclosure action shall be joined as parties before issuance
25 of an order of foreclosure. Persons designated in Section
26 15-1501 of the Code of Civil Procedure as permissible parties
27 may also be joined as parties in the action.
28 The provisions of Article XV of the Code of Civil
29 Procedure applicable to mortgage foreclosures shall apply to
30 the foreclosure of a lien under this subsection (b), except
31 to the extent that those provisions are inconsistent with
32 this subsection. For purposes of foreclosures of liens
33 under this subsection, however, the redemption period
34 described in subsection (b) of Section 15-1603 of the Code of
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1 Civil Procedure shall end 60 days after the date of entry of
2 the order of foreclosure.
3 (c) In addition to any other remedy provided by law, the
4 county board of any county may petition the circuit court to
5 have property declared abandoned under this subsection (c)
6 if:
7 (1) the property has been tax delinquent for 2 or
8 more years or bills for water service for the property
9 have been outstanding for 2 or more years;
10 (2) the property is unoccupied by persons legally
11 in possession; and
12 (3) the property contains a dangerous or unsafe
13 building.
14 All persons having an interest of record in the property,
15 including tax purchasers and beneficial owners of any
16 Illinois land trust having title to the property, shall be
17 named as defendants in the petition and shall be served with
18 process. In addition, service shall be had under Section
19 2-206 of the Code of Civil Procedure as in other cases
20 affecting property.
21 The county, however, may proceed under this subsection in
22 a proceeding brought under subsection (a). Notice of the
23 petition shall be served by certified or registered mail on
24 all persons who were served notice under subsection (a).
25 If the county proves that the conditions described in
26 this subsection exist and the owner of record of the property
27 does not enter an appearance in the action, or, if title to
28 the property is held by an Illinois land trust, if neither
29 the owner of record nor the owner of the beneficial interest
30 of the trust enters an appearance, the court shall declare
31 the property abandoned.
32 If that determination is made, notice shall be sent by
33 certified or registered mail to all persons having an
34 interest of record in the property, including tax purchasers
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1 and beneficial owners of any Illinois land trust having title
2 to the property, stating that title to the property will be
3 transferred to the county unless, within 30 days of the
4 notice, the owner of record enters an appearance in the
5 action, or unless any other person having an interest in the
6 property files with the court a request to demolish the
7 dangerous or unsafe building or to put the building in safe
8 condition.
9 If the owner of record enters an appearance in the action
10 within the 30 day period, the court shall vacate its order
11 declaring the property abandoned. In that case, the county
12 may amend its complaint in order to initiate proceedings
13 under subsection (a).
14 If a request to demolish or repair the building is filed
15 within the 30 day period, the court shall grant permission to
16 the requesting party to demolish the building within 30 days
17 or to restore the building to safe condition within 60 days
18 after the request is granted. An extension of that period
19 for up to 60 additional days may be given for good cause. If
20 more than one person with an interest in the property files a
21 timely request, preference shall be given to the person with
22 the lien or other interest of the highest priority.
23 If the requesting party proves to the court that the
24 building has been demolished or put in a safe condition
25 within the period of time granted by the court, the court
26 shall issue a quitclaim judicial deed for the property to the
27 requesting party, conveying only the interest of the owner of
28 record, upon proof of payment to the county of all costs
29 incurred by the county in connection with the action,
30 including but not limited to court costs, attorney's fees,
31 administrative costs, the costs, if any, associated with
32 building enclosure or removal, and receiver's certificates.
33 The interest in the property so conveyed shall be subject to
34 all liens and encumbrances on the property. In addition, if
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1 the interest is conveyed to a person holding a certificate of
2 purchase for the property under the Property Tax Code, the
3 conveyance shall be subject to the rights of redemption of
4 all persons entitled to redeem under that Act, including the
5 original owner of record.
6 If no person with an interest in the property files a
7 timely request or if the requesting party fails to demolish
8 the building or put the building in safe condition within the
9 time specified by the court, the county may petition the
10 court to issue a judicial deed for the property to the
11 county. A conveyance by judicial deed shall operate to
12 extinguish all existing ownership interests in, liens on, and
13 other interest in the property, including tax liens.
14 (d) Each county may use the provisions of this
15 subsection to expedite the removal of certain buildings that
16 are a continuing hazard to the community in which they are
17 located.
18 If a residential building is 2 stories or less in height
19 as defined by the county's building code, and the official
20 designated to be in charge of enforcing the county's building
21 code determines that the building is open and vacant and an
22 immediate and continuing hazard to the community in which the
23 building is located, then the official shall be authorized to
24 post a notice not less than 2 feet by 2 feet in size on the
25 front of the building. The notice shall be dated as of the
26 date of the posting and shall state that unless the building
27 is demolished, repaired, or enclosed, and unless any garbage,
28 debris, and other hazardous, noxious, or unhealthy substances
29 or materials are removed so that an immediate and continuing
30 hazard to the community no longer exists, then the building
31 may be demolished, repaired, or enclosed, or any garbage,
32 debris, and other hazardous, noxious, or unhealthy substances
33 or materials may be removed, by the county.
34 Not later than 30 days following the posting of the
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1 notice, the county shall do both of the following:
2 (1) Cause to be sent, by certified mail, return
3 receipt requested, a notice to all owners of record of
4 the property, the beneficial owners of any Illinois land
5 trust having title to the property, and all lienholders
6 of record in the property, stating the intent of the
7 county to demolish, repair, or enclose the building or
8 remove any garbage, debris, or other hazardous, noxious,
9 or unhealthy substances or materials if that action is
10 not taken by the owner or owners.
11 (2) Cause to be published, in a newspaper published
12 or circulated in the county where the building is
13 located, a notice setting forth (i) the permanent tax
14 index number and the address of the building, (ii) a
15 statement that the property is open and vacant and
16 constitutes an immediate and continuing hazard to the
17 community, and (iii) a statement that the county intends
18 to demolish, repair, or enclose the building or remove
19 any garbage, debris, or other hazardous, noxious, or
20 unhealthy substances or materials if the owner or owners
21 or lienholders of record fail to do so. This notice
22 shall be published for 3 consecutive days.
23 A person objecting to the proposed actions of the county
24 board may file his or her objection in an appropriate form in
25 a court of competent jurisdiction.
26 If the building is not demolished, repaired, or enclosed,
27 or the garbage, debris, or other hazardous, noxious, or
28 unhealthy substances or materials are not removed, within 30
29 days of mailing the notice to the owners of record, the
30 beneficial owners of any Illinois land trust having title to
31 the property, and all lienholders of record in the property,
32 or within 30 days of the last day of publication of the
33 notice, whichever is later, the county board shall have the
34 power to demolish, repair, or enclose the building or to
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1 remove any garbage, debris, or other hazardous, noxious, or
2 unhealthy substances or materials.
3 The county may proceed to demolish, repair, or enclose a
4 building or remove any garbage, debris, or other hazardous,
5 noxious, or unhealthy substances or materials under this
6 subsection within a 120-day period following the date of the
7 mailing of the notice if the appropriate official determines
8 that the demolition, repair, enclosure, or removal of any
9 garbage, debris, or other hazardous, noxious, or unhealthy
10 substances or materials is necessary to remedy the immediate
11 and continuing hazard. If, however, before the county
12 proceeds with any of the actions authorized by this
13 subsection, any person has sought a hearing under this
14 subsection before a court and has served a copy of the
15 complaint on the chief executive officer of the county, then
16 the county shall not proceed with the demolition, repair,
17 enclosure, or removal of garbage, debris, or other substances
18 until the court determines that that action is necessary to
19 remedy the hazard and issues an order authorizing the county
20 to do so.
21 Following the demolition, repair, or enclosure of a
22 building, or the removal of garbage, debris, or other
23 hazardous, noxious, or unhealthy substances or materials
24 under this subsection, the county may file a notice of lien
25 against the real estate for the cost of the demolition,
26 repair, enclosure, or removal within 180 days after the
27 repair, demolition, enclosure, or removal occurred, for the
28 cost and expense incurred, in the office of the recorder in
29 the county in which the real estate is located or in the
30 office of the registrar of titles of the county if the real
31 estate affected is registered under the Registered Titles
32 (Torrens) Act. The notice of lien shall consist of a sworn
33 statement setting forth (i) a description of the real estate,
34 such as the address or other description of the property,
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1 sufficient for its identification; (ii) the expenses incurred
2 by the county in undertaking the remedial actions authorized
3 under this subsection; (iii) the date or dates the expenses
4 were incurred by the county; (iv) a statement by the official
5 responsible for enforcing the building code that the building
6 was open and vacant and constituted an immediate and
7 continuing hazard to the community; (v) a statement by the
8 official that the required sign was posted on the building,
9 that notice was sent by certified mail to the owners of
10 record, and that notice was published in accordance with this
11 subsection; and (vi) a statement as to when and where the
12 notice was published. The lien authorized by this subsection
13 may thereafter be released or enforced by the county as
14 provided in subsection (a).
15 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
16 90-517, eff. 8-22-97.)