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91_HB1116eng
HB1116 Engrossed LRB9103608MWgc
1 AN ACT concerning the demolition, repair, or enclosure of
2 unsafe buildings, amending named Acts.
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 cause
22 the demolition or repair of dangerous and unsafe buildings or
23 uncompleted and abandoned buildings within the territory of
24 any city, village, or incorporated town having a population
25 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 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 (e) In any case where a county has obtained a lien under
16 subsection (a), the county may also bring an action for a
17 money judgment against the owner or owners of the real estate
18 in the amount of the lien in the same manner as provided for
19 bringing causes of action in Article II of the Code of Civil
20 Procedure and, upon obtaining a judgment, file a judgment
21 lien against all of the real estate of the owner or owners
22 and enforce that lien as provided for in Article XII of the
23 Code of Civil Procedure.
24 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
25 90-517, eff. 8-22-97; revised 3-4-99.)
26 Section 10. The Illinois Municipal Code is amended by
27 changing Section 11-31-1 as follows:
28 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
29 Sec. 11-31-1. Demolition, repair, enclosure, or
30 remediation.
31 (a) The corporate authorities of each municipality may
32 demolish, repair, or enclose or cause the demolition, repair,
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1 or enclosure of dangerous and unsafe buildings or uncompleted
2 and abandoned buildings within the territory of the
3 municipality and may remove or cause the removal of garbage,
4 debris, and other hazardous, noxious, or unhealthy substances
5 or materials from those buildings. In any county having
6 adopted by referendum or otherwise a county health department
7 as provided by Division 5-25 of the Counties Code or its
8 predecessor, the county board of that county may exercise
9 those powers with regard to dangerous and unsafe buildings or
10 uncompleted and abandoned buildings within the territory of
11 any city, village, or incorporated town having less than
12 50,000 population.
13 The corporate authorities shall apply to the circuit
14 court of the county in which the building is located (i) for
15 an order authorizing action to be taken with respect to a
16 building if the owner or owners of the building, including
17 the lien holders of record, after at least 15 days' written
18 notice by mail so to do, have failed to put the building in a
19 safe condition or to demolish it or (ii) for an order
20 requiring the owner or owners of record to demolish, repair,
21 or enclose the building or to remove garbage, debris, and
22 other hazardous, noxious, or unhealthy substances or
23 materials from the building. It is not a defense to the
24 cause of action that the building is boarded up or otherwise
25 enclosed, although the court may order the defendant to have
26 the building boarded up or otherwise enclosed. Where, upon
27 diligent search, the identity or whereabouts of the owner or
28 owners of the building, including the lien holders of record,
29 is not ascertainable, notice mailed to the person or persons
30 in whose name the real estate was last assessed is sufficient
31 notice under this Section.
32 The hearing upon the application to the circuit court
33 shall be expedited by the court and shall be given precedence
34 over all other suits. Any person entitled to bring an action
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1 under subsection (b) shall have the right to intervene in an
2 action brought under this Section.
3 The cost of the demolition, repair, enclosure, or removal
4 incurred by the municipality, by an intervenor, or by a lien
5 holder of record, including court costs, attorney's fees, and
6 other costs related to the enforcement of this Section, is
7 recoverable from the owner or owners of the real estate or
8 the previous owner or both if the property was transferred
9 during the 15 day notice period and is a lien on the real
10 estate; the lien is superior to all prior existing liens and
11 encumbrances, except taxes, if, within 180 days after the
12 repair, demolition, enclosure, or removal, the municipality,
13 the lien holder of record, or the intervenor who incurred the
14 cost and expense shall file a notice of lien for the cost and
15 expense incurred in the office of the recorder in the county
16 in which the real estate is located or in the office of the
17 registrar of titles of the county if the real estate affected
18 is registered under the Registered Titles (Torrens) Act.
19 The notice must consist of a sworn statement setting out
20 (1) a description of the real estate sufficient for its
21 identification, (2) the amount of money representing the cost
22 and expense incurred, and (3) the date or dates when the cost
23 and expense was incurred by the municipality, the lien holder
24 of record, or the intervenor. Upon payment of the cost and
25 expense by the owner of or persons interested in the property
26 after the notice of lien has been filed, the lien shall be
27 released by the municipality, the person in whose name the
28 lien has been filed, or the assignee of the lien, and the
29 release may be filed of record as in the case of filing
30 notice of lien. Unless the lien is enforced under subsection
31 (c), the lien may be enforced by foreclosure proceedings as
32 in the case of mortgage foreclosures under Article XV of the
33 Code of Civil Procedure or mechanics' lien foreclosures. An
34 action to foreclose this lien may be commenced at any time
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1 after the date of filing of the notice of lien. The costs of
2 foreclosure incurred by the municipality, including court
3 costs, reasonable attorney's fees, advances to preserve the
4 property, and other costs related to the enforcement of this
5 subsection, plus statutory interest, are a lien on the real
6 estate and are recoverable by the municipality from the owner
7 or owners of the real estate.
8 All liens arising under this subsection (a) shall be
9 assignable. The assignee of the lien shall have the same
10 power to enforce the lien as the assigning party, except that
11 the lien may not be enforced under subsection (c).
12 If the appropriate official of any municipality
13 determines that any dangerous and unsafe building or
14 uncompleted and abandoned building within its territory
15 fulfills the requirements for an action by the municipality
16 under the Abandoned Housing Rehabilitation Act, the
17 municipality may petition under that Act in a proceeding
18 brought under this subsection.
19 (b) Any owner or tenant of real property within 1200
20 feet in any direction of any dangerous or unsafe building
21 located within the territory of a municipality with a
22 population of 500,000 or more may file with the appropriate
23 municipal authority a request that the municipality apply to
24 the circuit court of the county in which the building is
25 located for an order permitting the demolition, removal of
26 garbage, debris, and other noxious or unhealthy substances
27 and materials from, or repair or enclosure of the building in
28 the manner prescribed in subsection (a) of this Section. If
29 the municipality fails to institute an action in circuit
30 court within 90 days after the filing of the request, the
31 owner or tenant of real property within 1200 feet in any
32 direction of the building may institute an action in circuit
33 court seeking an order compelling the owner or owners of
34 record to demolish, remove garbage, debris, and other noxious
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1 or unhealthy substances and materials from, repair or enclose
2 or to cause to be demolished, have garbage, debris, and other
3 noxious or unhealthy substances and materials removed from,
4 repaired, or enclosed the building in question. A private
5 owner or tenant who institutes an action under the preceding
6 sentence shall not be required to pay any fee to the clerk of
7 the circuit court. The cost of repair, removal, demolition,
8 or enclosure shall be borne by the owner or owners of record
9 of the building. In the event the owner or owners of record
10 fail to demolish, remove garbage, debris, and other noxious
11 or unhealthy substances and materials from, repair, or
12 enclose the building within 90 days of the date the court
13 entered its order, the owner or tenant who instituted the
14 action may request that the court join the municipality as a
15 party to the action. The court may order the municipality to
16 demolish, remove materials from, repair, or enclose the
17 building, or cause that action to be taken upon the request
18 of any owner or tenant who instituted the action or upon the
19 municipality's request. The municipality may file, and the
20 court may approve, a plan for rehabilitating the building in
21 question. A court order authorizing the municipality to
22 demolish, remove materials from, repair, or enclose a
23 building, or cause that action to be taken, shall not
24 preclude the court from adjudging the owner or owners of
25 record of the building in contempt of court due to the
26 failure to comply with the order to demolish, remove garbage,
27 debris, and other noxious or unhealthy substances and
28 materials from, repair, or enclose the building.
29 If a municipality or a person or persons other than the
30 owner or owners of record pay the cost of demolition, removal
31 of garbage, debris, and other noxious or unhealthy substances
32 and materials, repair, or enclosure pursuant to a court
33 order, the cost, including court costs, attorney's fees, and
34 other costs related to the enforcement of this subsection, is
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1 recoverable from the owner or owners of the real estate and
2 is a lien on the real estate; the lien is superior to all
3 prior existing liens and encumbrances, except taxes, if,
4 within 180 days after the repair, removal, demolition, or
5 enclosure, the municipality or the person or persons who paid
6 the costs of demolition, removal, repair, or enclosure shall
7 file a notice of lien of the cost and expense incurred in the
8 office of the recorder in the county in which the real estate
9 is located or in the office of the registrar of the county if
10 the real estate affected is registered under the Registered
11 Titles (Torrens) Act. The notice shall be in a form as is
12 provided in subsection (a). An owner or tenant who
13 institutes an action in circuit court seeking an order to
14 compel the owner or owners of record to demolish, remove
15 materials from, repair, or enclose any dangerous or unsafe
16 building, or to cause that action to be taken under this
17 subsection may recover court costs and reasonable attorney's
18 fees for instituting the action from the owner or owners of
19 record of the building. Upon payment of the costs and
20 expenses by the owner of or a person interested in the
21 property after the notice of lien has been filed, the lien
22 shall be released by the municipality or the person in whose
23 name the lien has been filed or his or her assignee, and the
24 release may be filed of record as in the case of filing a
25 notice of lien. Unless the lien is enforced under subsection
26 (c), the lien may be enforced by foreclosure proceedings as
27 in the case of mortgage foreclosures under Article XV of the
28 Code of Civil Procedure or mechanics' lien foreclosures. An
29 action to foreclose this lien may be commenced at any time
30 after the date of filing of the notice of lien. The costs of
31 foreclosure incurred by the municipality, including court
32 costs, reasonable attorneys' fees, advances to preserve the
33 property, and other costs related to the enforcement of this
34 subsection, plus statutory interest, are a lien on the real
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1 estate and are recoverable by the municipality from the owner
2 or owners of the real estate.
3 All liens arising under the terms of this subsection (b)
4 shall be assignable. The assignee of the lien shall have the
5 same power to enforce the lien as the assigning party, except
6 that the lien may not be enforced under subsection (c).
7 (c) In any case where a municipality has obtained a lien
8 under subsection (a), (b), or (f), the municipality may
9 enforce the lien under this subsection (c) in the same
10 proceeding in which the lien is authorized.
11 A municipality desiring to enforce a lien under this
12 subsection (c) shall petition the court to retain
13 jurisdiction for foreclosure proceedings under this
14 subsection. Notice of the petition shall be served, by
15 certified or registered mail, on all persons who were served
16 notice under subsection (a), (b), or (f). The court shall
17 conduct a hearing on the petition not less than 15 days after
18 the notice is served. If the court determines that the
19 requirements of this subsection (c) have been satisfied, it
20 shall grant the petition and retain jurisdiction over the
21 matter until the foreclosure proceeding is completed. The
22 costs of foreclosure incurred by the municipality, including
23 court costs, reasonable attorneys' fees, advances to preserve
24 the property, and other costs related to the enforcement of
25 this subsection, plus statutory interest, are a lien on the
26 real estate and are recoverable by the municipality from the
27 owner or owners of the real estate. If the court denies the
28 petition, the municipality may enforce the lien in a separate
29 action as provided in subsection (a), (b), or (f).
30 All persons designated in Section 15-1501 of the Code of
31 Civil Procedure as necessary parties in a mortgage
32 foreclosure action shall be joined as parties before issuance
33 of an order of foreclosure. Persons designated in Section
34 15-1501 of the Code of Civil Procedure as permissible parties
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1 may also be joined as parties in the action.
2 The provisions of Article XV of the Code of Civil
3 Procedure applicable to mortgage foreclosures shall apply to
4 the foreclosure of a lien under this subsection (c), except
5 to the extent that those provisions are inconsistent with
6 this subsection. For purposes of foreclosures of liens
7 under this subsection, however, the redemption period
8 described in subsection (b) of Section 15-1603 of the Code of
9 Civil Procedure shall end 60 days after the date of entry of
10 the order of foreclosure.
11 (d) In addition to any other remedy provided by law, the
12 corporate authorities of any municipality may petition the
13 circuit court to have property declared abandoned under this
14 subsection (d) if:
15 (1) the property has been tax delinquent for 2 or
16 more years or bills for water service for the property
17 have been outstanding for 2 or more years;
18 (2) the property is unoccupied by persons legally
19 in possession; and
20 (3) the property contains a dangerous or unsafe
21 building.
22 All persons having an interest of record in the property,
23 including tax purchasers and beneficial owners of any
24 Illinois land trust having title to the property, shall be
25 named as defendants in the petition and shall be served with
26 process. In addition, service shall be had under Section
27 2-206 of the Code of Civil Procedure as in other cases
28 affecting property.
29 The municipality, however, may proceed under this
30 subsection in a proceeding brought under subsection (a) or
31 (b). Notice of the petition shall be served by certified or
32 registered mail on all persons who were served notice under
33 subsection (a) or (b).
34 If the municipality proves that the conditions described
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1 in this subsection exist and the owner of record of the
2 property does not enter an appearance in the action, or, if
3 title to the property is held by an Illinois land trust, if
4 neither the owner of record nor the owner of the beneficial
5 interest of the trust enters an appearance, the court shall
6 declare the property abandoned.
7 If that determination is made, notice shall be sent by
8 certified or registered mail to all persons having an
9 interest of record in the property, including tax purchasers
10 and beneficial owners of any Illinois land trust having title
11 to the property, stating that title to the property will be
12 transferred to the municipality unless, within 30 days of the
13 notice, the owner of record enters an appearance in the
14 action, or unless any other person having an interest in the
15 property files with the court a request to demolish the
16 dangerous or unsafe building or to put the building in safe
17 condition.
18 If the owner of record enters an appearance in the action
19 within the 30 day period, the court shall vacate its order
20 declaring the property abandoned. In that case, the
21 municipality may amend its complaint in order to initiate
22 proceedings under subsection (a).
23 If a request to demolish or repair the building is filed
24 within the 30 day period, the court shall grant permission to
25 the requesting party to demolish the building within 30 days
26 or to restore the building to safe condition within 60 days
27 after the request is granted. An extension of that period
28 for up to 60 additional days may be given for good cause. If
29 more than one person with an interest in the property files a
30 timely request, preference shall be given to the person with
31 the lien or other interest of the highest priority.
32 If the requesting party proves to the court that the
33 building has been demolished or put in a safe condition
34 within the period of time granted by the court, the court
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1 shall issue a quitclaim judicial deed for the property to the
2 requesting party, conveying only the interest of the owner of
3 record, upon proof of payment to the municipality of all
4 costs incurred by the municipality in connection with the
5 action, including but not limited to court costs, attorney's
6 fees, administrative costs, the costs, if any, associated
7 with building enclosure or removal, and receiver's
8 certificates. The interest in the property so conveyed shall
9 be subject to all liens and encumbrances on the property. In
10 addition, if the interest is conveyed to a person holding a
11 certificate of purchase for the property under the Property
12 Tax Code, the conveyance shall be subject to the rights of
13 redemption of all persons entitled to redeem under that Act,
14 including the original owner of record.
15 If no person with an interest in the property files a
16 timely request or if the requesting party fails to demolish
17 the building or put the building in safe condition within the
18 time specified by the court, the municipality may petition
19 the court to issue a judicial deed for the property to the
20 municipality. A conveyance by judicial deed shall operate to
21 extinguish all existing ownership interests in, liens on, and
22 other interest in the property, including tax liens.
23 (e) Each municipality may use the provisions of this
24 subsection to expedite the removal of certain buildings that
25 are a continuing hazard to the community in which they are
26 located.
27 If a residential or commercial building is 3 stories or
28 less in height as defined by the municipality's building
29 code, and the corporate official designated to be in charge
30 of enforcing the municipality's building code determines that
31 the building is open and vacant and an immediate and
32 continuing hazard to the community in which the building is
33 located, then the official shall be authorized to post a
34 notice not less than 2 feet by 2 feet in size on the front of
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1 the building. The notice shall be dated as of the date of
2 the posting and shall state that unless the building is
3 demolished, repaired, or enclosed, and unless any garbage,
4 debris, and other hazardous, noxious, or unhealthy substances
5 or materials are removed so that an immediate and continuing
6 hazard to the community no longer exists, then the building
7 may be demolished, repaired, or enclosed, or any garbage,
8 debris, and other hazardous, noxious, or unhealthy substances
9 or materials may be removed, by the municipality.
10 Not later than 30 days following the posting of the
11 notice, the municipality shall do both of the following:
12 (1) Cause to be sent, by certified mail, return
13 receipt requested, a notice to all owners of record of
14 the property, the beneficial owners of any Illinois land
15 trust having title to the property, and all lienholders
16 of record in the property, stating the intent of the
17 municipality to demolish, repair, or enclose the building
18 or remove any garbage, debris, or other hazardous,
19 noxious, or unhealthy substances or materials if that
20 action is not taken by the owner or owners.
21 (2) Cause to be published, in a newspaper published
22 or circulated in the municipality where the building is
23 located, a notice setting forth (i) the permanent tax
24 index number and the address of the building, (ii) a
25 statement that the property is open and vacant and
26 constitutes an immediate and continuing hazard to the
27 community, and (iii) a statement that the municipality
28 intends to demolish, repair, or enclose the building or
29 remove any garbage, debris, or other hazardous, noxious,
30 or unhealthy substances or materials if the owner or
31 owners or lienholders of record fail to do so. This
32 notice shall be published for 3 consecutive days.
33 A person objecting to the proposed actions of the
34 corporate authorities may file his or her objection in an
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1 appropriate form in a court of competent jurisdiction.
2 If the building is not demolished, repaired, or enclosed,
3 or the garbage, debris, or other hazardous, noxious, or
4 unhealthy substances or materials are not removed, within 30
5 days of mailing the notice to the owners of record, the
6 beneficial owners of any Illinois land trust having title to
7 the property, and all lienholders of record in the property,
8 or within 30 days of the last day of publication of the
9 notice, whichever is later, the corporate authorities shall
10 have the power to demolish, repair, or enclose the building
11 or to remove any garbage, debris, or other hazardous,
12 noxious, or unhealthy substances or materials.
13 The municipality may proceed to demolish, repair, or
14 enclose a building or remove any garbage, debris, or other
15 hazardous, noxious, or unhealthy substances or materials
16 under this subsection within a 120-day period following the
17 date of the mailing of the notice if the appropriate official
18 determines that the demolition, repair, enclosure, or removal
19 of any garbage, debris, or other hazardous, noxious, or
20 unhealthy substances or materials is necessary to remedy the
21 immediate and continuing hazard. If, however, before the
22 municipality proceeds with any of the actions authorized by
23 this subsection, any person has sought a hearing under this
24 subsection before a court and has served a copy of the
25 complaint on the chief executive officer of the municipality,
26 then the municipality shall not proceed with the demolition,
27 repair, enclosure, or removal of garbage, debris, or other
28 substances until the court determines that that action is
29 necessary to remedy the hazard and issues an order
30 authorizing the municipality to do so.
31 Following the demolition, repair, or enclosure of a
32 building, or the removal of garbage, debris, or other
33 hazardous, noxious, or unhealthy substances or materials
34 under this subsection, the municipality may file a notice of
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1 lien against the real estate for the cost of the demolition,
2 repair, enclosure, or removal within 180 days after the
3 repair, demolition, enclosure, or removal occurred, for the
4 cost and expense incurred, in the office of the recorder in
5 the county in which the real estate is located or in the
6 office of the registrar of titles of the county if the real
7 estate affected is registered under the Registered Titles
8 (Torrens) Act. The notice of lien shall consist of a sworn
9 statement setting forth (i) a description of the real estate,
10 such as the address or other description of the property,
11 sufficient for its identification; (ii) the expenses incurred
12 by the municipality in undertaking the remedial actions
13 authorized under this subsection; (iii) the date or dates the
14 expenses were incurred by the municipality; (iv) a statement
15 by the corporate official responsible for enforcing the
16 building code that the building was open and vacant and
17 constituted an immediate and continuing hazard to the
18 community; (v) a statement by the corporate official that the
19 required sign was posted on the building, that notice was
20 sent by certified mail to the owners of record, and that
21 notice was published in accordance with this subsection; and
22 (vi) a statement as to when and where the notice was
23 published. The lien authorized by this subsection may
24 thereafter be released or enforced by the municipality as
25 provided in subsection (a).
26 (f) The corporate authorities of each municipality may
27 remove or cause the removal of, or otherwise environmentally
28 remediate hazardous substances on, in, or under any abandoned
29 and unsafe property within the territory of a municipality.
30 In addition, where preliminary evidence indicates the
31 presence or likely presence of a hazardous substance or a
32 release or a substantial threat of a release of a hazardous
33 substance on, in, or under the property, the corporate
34 authorities of the municipality may inspect the property and
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1 test for the presence or release of hazardous substances. In
2 any county having adopted by referendum or otherwise a county
3 health department as provided by Division 5-25 of the
4 Counties Code or its predecessor, the county board of that
5 county may exercise the above-described powers with regard to
6 property within the territory of any city, village, or
7 incorporated town having less than 50,000 population.
8 For purposes of this subsection (f):
9 (1) "property" or "real estate" means all real
10 property, whether or not improved by a structure;
11 (2) "abandoned" means;
12 (A) the property has been tax delinquent for 2
13 or more years;
14 (B) the property is unoccupied by persons
15 legally in possession; and
16 (3) "unsafe" means property that presents an actual
17 or imminent threat to public health and safety caused by
18 the release of hazardous substances; and
19 (4) "hazardous substances" means the same as in
20 Section 3.14 of the Environmental Protection Act.
21 The corporate authorities shall apply to the circuit
22 court of the county in which the property is located (i) for
23 an order allowing the municipality to enter the property and
24 inspect and test substances on, in, or under the property; or
25 (ii) for an order authorizing the corporate authorities to
26 take action with respect to remediation of the property if
27 conditions on the property, based on the inspection and
28 testing authorized in paragraph (i), indicate the presence of
29 hazardous substances. Remediation shall be deemed complete
30 for purposes of paragraph (ii) above when the property
31 satisfies Tier I, II, or III remediation objectives for the
32 property's most recent usage, as established by the
33 Environmental Protection Act, and the rules and regulations
34 promulgated thereunder. Where, upon diligent search, the
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1 identity or whereabouts of the owner or owners of the
2 property, including the lien holders of record, is not
3 ascertainable, notice mailed to the person or persons in
4 whose name the real estate was last assessed is sufficient
5 notice under this Section.
6 The court shall grant an order authorizing testing under
7 paragraph (i) above upon a showing of preliminary evidence
8 indicating the presence or likely presence of a hazardous
9 substance or a release of or a substantial threat of a
10 release of a hazardous substance on, in, or under abandoned
11 property. The preliminary evidence may include, but is not
12 limited to, evidence of prior use, visual site inspection, or
13 records of prior environmental investigations. The testing
14 authorized by paragraph (i) above shall include any type of
15 investigation which is necessary for an environmental
16 professional to determine the environmental condition of the
17 property, including but not limited to performance of soil
18 borings and groundwater monitoring. The court shall grant a
19 remediation order under paragraph (ii) above where testing of
20 the property indicates that it fails to meet the applicable
21 remediation objectives. The hearing upon the application to
22 the circuit court shall be expedited by the court and shall
23 be given precedence over all other suits.
24 The cost of the inspection, testing, or remediation
25 incurred by the municipality or by a lien holder of record,
26 including court costs, attorney's fees, and other costs
27 related to the enforcement of this Section, is a lien on the
28 real estate; except that in any instances where a
29 municipality incurs costs of inspection and testing but finds
30 no hazardous substances on the property that present an
31 actual or imminent threat to public health and safety, such
32 costs are not recoverable from the owners nor are such costs
33 a lien on the real estate. The lien is superior to all prior
34 existing liens and encumbrances, except taxes and any lien
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1 obtained under subsection (a) or (e), if, within 180 days
2 after the completion of the inspection, testing, or
3 remediation, the municipality or the lien holder of record
4 who incurred the cost and expense shall file a notice of lien
5 for the cost and expense incurred in the office of the
6 recorder in the county in which the real estate is located or
7 in the office of the registrar of titles of the county if the
8 real estate affected is registered under the Registered
9 Titles (Torrens) Act.
10 The notice must consist of a sworn statement setting out
11 (i) a description of the real estate sufficient for its
12 identification, (ii) the amount of money representing the
13 cost and expense incurred, and (iii) the date or dates when
14 the cost and expense was incurred by the municipality or the
15 lien holder of record. Upon payment of the lien amount by
16 the owner of or persons interested in the property after the
17 notice of lien has been filed, a release of lien shall be
18 issued by the municipality, the person in whose name the lien
19 has been filed, or the assignee of the lien, and the release
20 may be filed of record as in the case of filing notice of
21 lien.
22 The lien may be enforced under subsection (c) or by
23 foreclosure proceedings as in the case of mortgage
24 foreclosures under Article XV of the Code of Civil Procedure
25 or mechanics' lien foreclosures; provided that where the lien
26 is enforced by foreclosure under subsection (c) or under
27 either statute, the municipality may not proceed against the
28 other assets of the owner or owners of the real estate for
29 any costs that otherwise would be recoverable under this
30 Section but that remain unsatisfied after foreclosure except
31 where such additional recovery is authorized by separate
32 environmental laws. An action to foreclose this lien may be
33 commenced at any time after the date of filing of the notice
34 of lien. The costs of foreclosure incurred by the
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1 municipality, including court costs, reasonable attorney's
2 fees, advances to preserve the property, and other costs
3 related to the enforcement of this subsection, plus statutory
4 interest, are a lien on the real estate.
5 All liens arising under this subsection (f) shall be
6 assignable. The assignee of the lien shall have the same
7 power to enforce the lien as the assigning party, except that
8 the lien may not be enforced under subsection (c).
9 (g) In any case where a municipality has obtained a lien
10 under subsection (a), the municipality may also bring an
11 action for a money judgment against the owner or owners of
12 the real estate in the amount of the lien in the same manner
13 as provided for bringing causes of action in Article II of
14 the Code of Civil Procedure and, upon obtaining a judgment,
15 file a judgment lien against all of the real estate of the
16 owner or owners and enforce that lien as provided for in
17 Article XII of the Code of Civil Procedure.
18 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
19 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)
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