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91_HB1978enr
HB1978 Enrolled LRB9104006PTpk
1 AN ACT regarding property, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Counties Code is amended by changing
5 Section 5-1121 as follows:
6 (55 ILCS 5/5-1121)
7 Sec. 5-1121. Demolition, repair, or enclosure.
8 (a) The county board of each county may upon a formal
9 request by the city, village or incorporated town demolish,
10 repair, or enclose or cause the demolition, repair, or
11 enclosure of dangerous and unsafe buildings or uncompleted
12 and abandoned buildings within the territory of the county,
13 but outside the territory of any municipality, and may remove
14 or cause the removal of garbage, debris, and other hazardous,
15 noxious, or unhealthy substances or materials from those
16 buildings. In any county having adopted, by referendum or
17 otherwise, a county health department as provided by Division
18 5-25 of the Counties Code or its predecessor, the county
19 board of any such county may upon a formal request by the
20 city, village, or incorporated town demolish, repair or cause
21 the demolition or repair of dangerous and unsafe buildings or
22 uncompleted and abandoned buildings within the territory of
23 any city, village, or incorporated town having a population
24 of less than 50,000.
25 The county board shall apply to the circuit court of the
26 county in which the building is located (i) for an order
27 authorizing action to be taken with respect to a building if
28 the owner or owners of the building, including the lien
29 holders of record, after at least 15 days' written notice by
30 mail to do so, have failed to commence proceedings to put the
31 building in a safe condition or to demolish it or (ii) for an
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1 order requiring the owner or owners of record to demolish,
2 repair, or enclose the building or to remove garbage, debris,
3 and other hazardous, noxious, or unhealthy substances or
4 materials from the building. It is not a defense to the
5 cause of action that the building is boarded up or otherwise
6 enclosed, although the court may order the defendant to have
7 the building boarded up or otherwise enclosed. Where, upon
8 diligent search, the identity or whereabouts of the owner or
9 owners of the building, including the lien holders of record,
10 is not ascertainable, notice mailed to the person or persons
11 in whose name the real estate was last assessed and the
12 posting of such notice upon the premises sought to be
13 demolished or repaired is sufficient notice under this
14 Section.
15 The hearing upon the application to the circuit court
16 shall be expedited by the court and shall be given precedence
17 over all other suits.
18 The cost of the demolition, repair, enclosure, or removal
19 incurred by the county, by an intervenor, or by a lien holder
20 of record, including court costs, attorney's fees, and other
21 costs related to the enforcement of this Section, is
22 recoverable from the owner or owners of the real estate or
23 the previous owner or both if the property was transferred
24 during the 15 day notice period and is a lien on the real
25 estate; the lien is superior to all prior existing liens and
26 encumbrances, except taxes, if, within 180 days after the
27 repair, demolition, enclosure, or removal, the county, the
28 lien holder of record, or the intervenor who incurred the
29 cost and expense shall file a notice of lien for the cost and
30 expense incurred in the office of the recorder in the county
31 in which the real estate is located or in the office of the
32 registrar of titles of the county if the real estate affected
33 is registered under the Registered Titles (Torrens) Act.
34 The notice must consist of a sworn statement setting out
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1 (1) a description of the real estate sufficient for its
2 identification, (2) the amount of money representing the cost
3 and expense incurred, and (3) the date or dates when the cost
4 and expense was incurred by the county, the lien holder of
5 record, or the intervenor. Upon payment of the cost and
6 expense by the owner of or persons interested in the property
7 after the notice of lien has been filed, the lien shall be
8 released by the county, the person in whose name the lien has
9 been filed, or the assignee of the lien, and the release may
10 be filed of record as in the case of filing notice of lien.
11 Unless the lien is enforced under subsection (b), the lien
12 may be enforced by foreclosure proceedings as in the case of
13 mortgage foreclosures under Article XV of the Code of Civil
14 Procedure or mechanics' lien foreclosures. An action to
15 foreclose this lien may be commenced at any time after the
16 date of filing of the notice of lien. The costs of
17 foreclosure incurred by the county, including court costs,
18 reasonable attorney's fees, advances to preserve the
19 property, and other costs related to the enforcement of this
20 subsection, plus statutory interest, are a lien on the real
21 estate and are recoverable by the county from the owner or
22 owners of the real estate.
23 All liens arising under this subsection (a) shall be
24 assignable. The assignee of the lien shall have the same
25 power to enforce the lien as the assigning party, except that
26 the lien may not be enforced under subsection (b).
27 If the appropriate official of any county determines that
28 any dangerous and unsafe building or uncompleted and
29 abandoned building within its territory fulfills the
30 requirements for an action by the county under the Abandoned
31 Housing Rehabilitation Act, the county may petition under
32 that Act in a proceeding brought under this subsection.
33 (b) In any case where a county has obtained a lien under
34 subsection (a), the county may enforce the lien under this
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1 subsection (b) in the same proceeding in which the lien is
2 authorized.
3 A county desiring to enforce a lien under this subsection
4 (b) shall petition the court to retain jurisdiction for
5 foreclosure proceedings under this subsection. Notice of the
6 petition shall be served, by certified or registered mail, on
7 all persons who were served notice under subsection (a). The
8 court shall conduct a hearing on the petition not less than
9 15 days after the notice is served. If the court determines
10 that the requirements of this subsection (b) have been
11 satisfied, it shall grant the petition and retain
12 jurisdiction over the matter until the foreclosure proceeding
13 is completed. The costs of foreclosure incurred by the
14 county, including court costs, reasonable attorneys' fees,
15 advances to preserve the property, and other costs related to
16 the enforcement of this subsection, plus statutory interest,
17 are a lien on the real estate and are recoverable by the
18 county from the owner or owners of the real estate. If the
19 court denies the petition, the county may enforce the lien in
20 a separate action as provided in subsection (a).
21 All persons designated in Section 15-1501 of the Code of
22 Civil Procedure as necessary parties in a mortgage
23 foreclosure action shall be joined as parties before issuance
24 of an order of foreclosure. Persons designated in Section
25 15-1501 of the Code of Civil Procedure as permissible parties
26 may also be joined as parties in the action.
27 The provisions of Article XV of the Code of Civil
28 Procedure applicable to mortgage foreclosures shall apply to
29 the foreclosure of a lien under this subsection (b), except
30 to the extent that those provisions are inconsistent with
31 this subsection. For purposes of foreclosures of liens
32 under this subsection, however, the redemption period
33 described in subsection (b) of Section 15-1603 of the Code of
34 Civil Procedure shall end 60 days after the date of entry of
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1 the order of foreclosure.
2 (c) In addition to any other remedy provided by law, the
3 county board of any county may petition the circuit court to
4 have property declared abandoned under this subsection (c)
5 if:
6 (1) the property has been tax delinquent for 2 or
7 more years or bills for water service for the property
8 have been outstanding for 2 or more years;
9 (2) the property is unoccupied by persons legally
10 in possession; and
11 (3) the property contains a dangerous or unsafe
12 building.
13 All persons having an interest of record in the property,
14 including tax purchasers and beneficial owners of any
15 Illinois land trust having title to the property, shall be
16 named as defendants in the petition and shall be served with
17 process. In addition, service shall be had under Section
18 2-206 of the Code of Civil Procedure as in other cases
19 affecting property.
20 The county, however, may proceed under this subsection in
21 a proceeding brought under subsection (a). Notice of the
22 petition shall be served by certified or registered mail on
23 all persons who were served notice under subsection (a).
24 If the county proves that the conditions described in
25 this subsection exist and the owner of record of the property
26 does not enter an appearance in the action, or, if title to
27 the property is held by an Illinois land trust, if neither
28 the owner of record nor the owner of the beneficial interest
29 of the trust enters an appearance, the court shall declare
30 the property abandoned.
31 If that determination is made, notice shall be sent by
32 certified or registered mail to all persons having an
33 interest of record in the property, including tax purchasers
34 and beneficial owners of any Illinois land trust having title
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1 to the property, stating that title to the property will be
2 transferred to the county unless, within 30 days of the
3 notice, the owner of record enters an appearance in the
4 action, or unless any other person having an interest in the
5 property files with the court a request to demolish the
6 dangerous or unsafe building or to put the building in safe
7 condition.
8 If the owner of record enters an appearance in the action
9 within the 30 day period, the court shall vacate its order
10 declaring the property abandoned. In that case, the county
11 may amend its complaint in order to initiate proceedings
12 under subsection (a).
13 If a request to demolish or repair the building is filed
14 within the 30 day period, the court shall grant permission to
15 the requesting party to demolish the building within 30 days
16 or to restore the building to safe condition within 60 days
17 after the request is granted. An extension of that period
18 for up to 60 additional days may be given for good cause. If
19 more than one person with an interest in the property files a
20 timely request, preference shall be given to the person with
21 the lien or other interest of the highest priority.
22 If the requesting party proves to the court that the
23 building has been demolished or put in a safe condition
24 within the period of time granted by the court, the court
25 shall issue a quitclaim judicial deed for the property to the
26 requesting party, conveying only the interest of the owner of
27 record, upon proof of payment to the county of all costs
28 incurred by the county in connection with the action,
29 including but not limited to court costs, attorney's fees,
30 administrative costs, the costs, if any, associated with
31 building enclosure or removal, and receiver's certificates.
32 The interest in the property so conveyed shall be subject to
33 all liens and encumbrances on the property. In addition, if
34 the interest is conveyed to a person holding a certificate of
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1 purchase for the property under the Property Tax Code, the
2 conveyance shall be subject to the rights of redemption of
3 all persons entitled to redeem under that Act, including the
4 original owner of record.
5 If no person with an interest in the property files a
6 timely request or if the requesting party fails to demolish
7 the building or put the building in safe condition within the
8 time specified by the court, the county may petition the
9 court to issue a judicial deed for the property to the
10 county. A conveyance by judicial deed shall operate to
11 extinguish all existing ownership interests in, liens on, and
12 other interest in the property, including tax liens.
13 (d) Each county may use the provisions of this
14 subsection to expedite the removal of certain buildings that
15 are a continuing hazard to the community in which they are
16 located.
17 If a residential building is 2 stories or less in height
18 as defined by the county's building code, and the official
19 designated to be in charge of enforcing the county's building
20 code determines that the building is open and vacant and an
21 immediate and continuing hazard to the community in which the
22 building is located, then the official shall be authorized to
23 post a notice not less than 2 feet by 2 feet in size on the
24 front of the building. The notice shall be dated as of the
25 date of the posting and shall state that unless the building
26 is demolished, repaired, or enclosed, and unless any garbage,
27 debris, and other hazardous, noxious, or unhealthy substances
28 or materials are removed so that an immediate and continuing
29 hazard to the community no longer exists, then the building
30 may be demolished, repaired, or enclosed, or any garbage,
31 debris, and other hazardous, noxious, or unhealthy substances
32 or materials may be removed, by the county.
33 Not later than 30 days following the posting of the
34 notice, the county shall do both of the following:
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1 (1) Cause to be sent, by certified mail, return
2 receipt requested, a notice to all owners of record of
3 the property, the beneficial owners of any Illinois land
4 trust having title to the property, and all lienholders
5 of record in the property, stating the intent of the
6 county to demolish, repair, or enclose the building or
7 remove any garbage, debris, or other hazardous, noxious,
8 or unhealthy substances or materials if that action is
9 not taken by the owner or owners.
10 (2) Cause to be published, in a newspaper published
11 or circulated in the county where the building is
12 located, a notice setting forth (i) the permanent tax
13 index number and the address of the building, (ii) a
14 statement that the property is open and vacant and
15 constitutes an immediate and continuing hazard to the
16 community, and (iii) a statement that the county intends
17 to demolish, repair, or enclose the building or remove
18 any garbage, debris, or other hazardous, noxious, or
19 unhealthy substances or materials if the owner or owners
20 or lienholders of record fail to do so. This notice
21 shall be published for 3 consecutive days.
22 A person objecting to the proposed actions of the county
23 board may file his or her objection in an appropriate form in
24 a court of competent jurisdiction.
25 If the building is not demolished, repaired, or enclosed,
26 or the garbage, debris, or other hazardous, noxious, or
27 unhealthy substances or materials are not removed, within 30
28 days of mailing the notice to the owners of record, the
29 beneficial owners of any Illinois land trust having title to
30 the property, and all lienholders of record in the property,
31 or within 30 days of the last day of publication of the
32 notice, whichever is later, the county board shall have the
33 power to demolish, repair, or enclose the building or to
34 remove any garbage, debris, or other hazardous, noxious, or
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1 unhealthy substances or materials.
2 The county may proceed to demolish, repair, or enclose a
3 building or remove any garbage, debris, or other hazardous,
4 noxious, or unhealthy substances or materials under this
5 subsection within a 120-day period following the date of the
6 mailing of the notice if the appropriate official determines
7 that the demolition, repair, enclosure, or removal of any
8 garbage, debris, or other hazardous, noxious, or unhealthy
9 substances or materials is necessary to remedy the immediate
10 and continuing hazard. If, however, before the county
11 proceeds with any of the actions authorized by this
12 subsection, any person has sought a hearing under this
13 subsection before a court and has served a copy of the
14 complaint on the chief executive officer of the county, then
15 the county shall not proceed with the demolition, repair,
16 enclosure, or removal of garbage, debris, or other substances
17 until the court determines that that action is necessary to
18 remedy the hazard and issues an order authorizing the county
19 to do so.
20 Following the demolition, repair, or enclosure of a
21 building, or the removal of garbage, debris, or other
22 hazardous, noxious, or unhealthy substances or materials
23 under this subsection, the county may file a notice of lien
24 against the real estate for the cost of the demolition,
25 repair, enclosure, or removal within 180 days after the
26 repair, demolition, enclosure, or removal occurred, for the
27 cost and expense incurred, in the office of the recorder in
28 the county in which the real estate is located or in the
29 office of the registrar of titles of the county if the real
30 estate affected is registered under the Registered Titles
31 (Torrens) Act. The notice of lien shall consist of a sworn
32 statement setting forth (i) a description of the real estate,
33 such as the address or other description of the property,
34 sufficient for its identification; (ii) the expenses incurred
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1 by the county in undertaking the remedial actions authorized
2 under this subsection; (iii) the date or dates the expenses
3 were incurred by the county; (iv) a statement by the official
4 responsible for enforcing the building code that the building
5 was open and vacant and constituted an immediate and
6 continuing hazard to the community; (v) a statement by the
7 official that the required sign was posted on the building,
8 that notice was sent by certified mail to the owners of
9 record, and that notice was published in accordance with this
10 subsection; and (vi) a statement as to when and where the
11 notice was published. The lien authorized by this subsection
12 may thereafter be released or enforced by the county as
13 provided in subsection (a).
14 (e) In any case where a county has obtained a lien under
15 subsection (a), the county may also bring an action for a
16 money judgment against the owner or owners of the real estate
17 in the amount of the lien in the same manner as provided for
18 bringing causes of action in Article II of the Code of Civil
19 Procedure and, upon obtaining a judgment, file a judgment
20 lien against all of the real estate of the owner or owners
21 and enforce that lien as provided for in Article XII of the
22 Code of Civil Procedure.
23 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
24 90-517, eff. 8-22-97; revised 3-4-99.)
25 Section 10. The Illinois Municipal Code is amended by
26 changing Section 11-31-1 as follows:
27 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
28 Sec. 11-31-1. Demolition, repair, enclosure, or
29 remediation.
30 (a) The corporate authorities of each municipality may
31 demolish, repair, or enclose or cause the demolition, repair,
32 or enclosure of dangerous and unsafe buildings or uncompleted
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1 and abandoned buildings within the territory of the
2 municipality and may remove or cause the removal of garbage,
3 debris, and other hazardous, noxious, or unhealthy substances
4 or materials from those buildings. In any county having
5 adopted by referendum or otherwise a county health department
6 as provided by Division 5-25 of the Counties Code or its
7 predecessor, the county board of that county may exercise
8 those powers with regard to dangerous and unsafe buildings or
9 uncompleted and abandoned buildings within the territory of
10 any city, village, or incorporated town having less than
11 50,000 population.
12 The corporate authorities shall apply to the circuit
13 court of the county in which the building is located (i) for
14 an order authorizing action to be taken with respect to a
15 building if the owner or owners of the building, including
16 the lien holders of record, after at least 15 days' written
17 notice by mail so to do, have failed to put the building in a
18 safe condition or to demolish it or (ii) for an order
19 requiring the owner or owners of record to demolish, repair,
20 or enclose the building or to remove garbage, debris, and
21 other hazardous, noxious, or unhealthy substances or
22 materials from the building. It is not a defense to the
23 cause of action that the building is boarded up or otherwise
24 enclosed, although the court may order the defendant to have
25 the building boarded up or otherwise enclosed. Where, upon
26 diligent search, the identity or whereabouts of the owner or
27 owners of the building, including the lien holders of record,
28 is not ascertainable, notice mailed to the person or persons
29 in whose name the real estate was last assessed is sufficient
30 notice under this Section.
31 The hearing upon the application to the circuit court
32 shall be expedited by the court and shall be given precedence
33 over all other suits. Any person entitled to bring an action
34 under subsection (b) shall have the right to intervene in an
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1 action brought under this Section.
2 The cost of the demolition, repair, enclosure, or removal
3 incurred by the municipality, by an intervenor, or by a lien
4 holder of record, including court costs, attorney's fees, and
5 other costs related to the enforcement of this Section, is
6 recoverable from the owner or owners of the real estate or
7 the previous owner or both if the property was transferred
8 during the 15 day notice period and is a lien on the real
9 estate; the lien is superior to all prior existing liens and
10 encumbrances, except taxes, if, within 180 days after the
11 repair, demolition, enclosure, or removal, the municipality,
12 the lien holder of record, or the intervenor who incurred the
13 cost and expense shall file a notice of lien for the cost and
14 expense incurred in the office of the recorder in the county
15 in which the real estate is located or in the office of the
16 registrar of titles of the county if the real estate affected
17 is registered under the Registered Titles (Torrens) Act.
18 The notice must consist of a sworn statement setting out
19 (1) a description of the real estate sufficient for its
20 identification, (2) the amount of money representing the cost
21 and expense incurred, and (3) the date or dates when the cost
22 and expense was incurred by the municipality, the lien holder
23 of record, or the intervenor. Upon payment of the cost and
24 expense by the owner of or persons interested in the property
25 after the notice of lien has been filed, the lien shall be
26 released by the municipality, the person in whose name the
27 lien has been filed, or the assignee of the lien, and the
28 release may be filed of record as in the case of filing
29 notice of lien. Unless the lien is enforced under subsection
30 (c), the lien may be enforced by foreclosure proceedings as
31 in the case of mortgage foreclosures under Article XV of the
32 Code of Civil Procedure or mechanics' lien foreclosures. An
33 action to foreclose this lien may be commenced at any time
34 after the date of filing of the notice of lien. The costs of
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1 foreclosure incurred by the municipality, including court
2 costs, reasonable attorney's fees, advances to preserve the
3 property, and other costs related to the enforcement of this
4 subsection, plus statutory interest, are a lien on the real
5 estate and are recoverable by the municipality from the owner
6 or owners of the real estate.
7 All liens arising under this subsection (a) shall be
8 assignable. The assignee of the lien shall have the same
9 power to enforce the lien as the assigning party, except that
10 the lien may not be enforced under subsection (c).
11 If the appropriate official of any municipality
12 determines that any dangerous and unsafe building or
13 uncompleted and abandoned building within its territory
14 fulfills the requirements for an action by the municipality
15 under the Abandoned Housing Rehabilitation Act, the
16 municipality may petition under that Act in a proceeding
17 brought under this subsection.
18 (b) Any owner or tenant of real property within 1200
19 feet in any direction of any dangerous or unsafe building
20 located within the territory of a municipality with a
21 population of 500,000 or more may file with the appropriate
22 municipal authority a request that the municipality apply to
23 the circuit court of the county in which the building is
24 located for an order permitting the demolition, removal of
25 garbage, debris, and other noxious or unhealthy substances
26 and materials from, or repair or enclosure of the building in
27 the manner prescribed in subsection (a) of this Section. If
28 the municipality fails to institute an action in circuit
29 court within 90 days after the filing of the request, the
30 owner or tenant of real property within 1200 feet in any
31 direction of the building may institute an action in circuit
32 court seeking an order compelling the owner or owners of
33 record to demolish, remove garbage, debris, and other noxious
34 or unhealthy substances and materials from, repair or enclose
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1 or to cause to be demolished, have garbage, debris, and other
2 noxious or unhealthy substances and materials removed from,
3 repaired, or enclosed the building in question. A private
4 owner or tenant who institutes an action under the preceding
5 sentence shall not be required to pay any fee to the clerk of
6 the circuit court. The cost of repair, removal, demolition,
7 or enclosure shall be borne by the owner or owners of record
8 of the building. In the event the owner or owners of record
9 fail to demolish, remove garbage, debris, and other noxious
10 or unhealthy substances and materials from, repair, or
11 enclose the building within 90 days of the date the court
12 entered its order, the owner or tenant who instituted the
13 action may request that the court join the municipality as a
14 party to the action. The court may order the municipality to
15 demolish, remove materials from, repair, or enclose the
16 building, or cause that action to be taken upon the request
17 of any owner or tenant who instituted the action or upon the
18 municipality's request. The municipality may file, and the
19 court may approve, a plan for rehabilitating the building in
20 question. A court order authorizing the municipality to
21 demolish, remove materials from, repair, or enclose a
22 building, or cause that action to be taken, shall not
23 preclude the court from adjudging the owner or owners of
24 record of the building in contempt of court due to the
25 failure to comply with the order to demolish, remove garbage,
26 debris, and other noxious or unhealthy substances and
27 materials from, repair, or enclose the building.
28 If a municipality or a person or persons other than the
29 owner or owners of record pay the cost of demolition, removal
30 of garbage, debris, and other noxious or unhealthy substances
31 and materials, repair, or enclosure pursuant to a court
32 order, the cost, including court costs, attorney's fees, and
33 other costs related to the enforcement of this subsection, is
34 recoverable from the owner or owners of the real estate and
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1 is a lien on the real estate; the lien is superior to all
2 prior existing liens and encumbrances, except taxes, if,
3 within 180 days after the repair, removal, demolition, or
4 enclosure, the municipality or the person or persons who paid
5 the costs of demolition, removal, repair, or enclosure shall
6 file a notice of lien of the cost and expense incurred in the
7 office of the recorder in the county in which the real estate
8 is located or in the office of the registrar of the county if
9 the real estate affected is registered under the Registered
10 Titles (Torrens) Act. The notice shall be in a form as is
11 provided in subsection (a). An owner or tenant who
12 institutes an action in circuit court seeking an order to
13 compel the owner or owners of record to demolish, remove
14 materials from, repair, or enclose any dangerous or unsafe
15 building, or to cause that action to be taken under this
16 subsection may recover court costs and reasonable attorney's
17 fees for instituting the action from the owner or owners of
18 record of the building. Upon payment of the costs and
19 expenses by the owner of or a person interested in the
20 property after the notice of lien has been filed, the lien
21 shall be released by the municipality or the person in whose
22 name the lien has been filed or his or her assignee, and the
23 release may be filed of record as in the case of filing a
24 notice of lien. Unless the lien is enforced under subsection
25 (c), the lien may be enforced by foreclosure proceedings as
26 in the case of mortgage foreclosures under Article XV of the
27 Code of Civil Procedure or mechanics' lien foreclosures. An
28 action to foreclose this lien may be commenced at any time
29 after the date of filing of the notice of lien. The costs of
30 foreclosure incurred by the municipality, including court
31 costs, reasonable attorneys' fees, advances to preserve the
32 property, and other costs related to the enforcement of this
33 subsection, plus statutory interest, are a lien on the real
34 estate and are recoverable by the municipality from the owner
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1 or owners of the real estate.
2 All liens arising under the terms of this subsection (b)
3 shall be assignable. The assignee of the lien shall have the
4 same power to enforce the lien as the assigning party, except
5 that the lien may not be enforced under subsection (c).
6 (c) In any case where a municipality has obtained a lien
7 under subsection (a), (b), or (f), the municipality may
8 enforce the lien under this subsection (c) in the same
9 proceeding in which the lien is authorized.
10 A municipality desiring to enforce a lien under this
11 subsection (c) shall petition the court to retain
12 jurisdiction for foreclosure proceedings under this
13 subsection. Notice of the petition shall be served, by
14 certified or registered mail, on all persons who were served
15 notice under subsection (a), (b), or (f). The court shall
16 conduct a hearing on the petition not less than 15 days after
17 the notice is served. If the court determines that the
18 requirements of this subsection (c) have been satisfied, it
19 shall grant the petition and retain jurisdiction over the
20 matter until the foreclosure proceeding is completed. The
21 costs of foreclosure incurred by the municipality, including
22 court costs, reasonable attorneys' fees, advances to preserve
23 the property, and other costs related to the enforcement of
24 this subsection, plus statutory interest, are a lien on the
25 real estate and are recoverable by the municipality from the
26 owner or owners of the real estate. If the court denies the
27 petition, the municipality may enforce the lien in a separate
28 action as provided in subsection (a), (b), or (f).
29 All persons designated in Section 15-1501 of the Code of
30 Civil Procedure as necessary parties in a mortgage
31 foreclosure action shall be joined as parties before issuance
32 of an order of foreclosure. Persons designated in Section
33 15-1501 of the Code of Civil Procedure as permissible parties
34 may also be joined as parties in the action.
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1 The provisions of Article XV of the Code of Civil
2 Procedure applicable to mortgage foreclosures shall apply to
3 the foreclosure of a lien under this subsection (c), except
4 to the extent that those provisions are inconsistent with
5 this subsection. For purposes of foreclosures of liens
6 under this subsection, however, the redemption period
7 described in subsection (b) of Section 15-1603 of the Code of
8 Civil Procedure shall end 60 days after the date of entry of
9 the order of foreclosure.
10 (d) In addition to any other remedy provided by law, the
11 corporate authorities of any municipality may petition the
12 circuit court to have property declared abandoned under this
13 subsection (d) if:
14 (1) the property has been tax delinquent for 2 or
15 more years or bills for water service for the property
16 have been outstanding for 2 or more years;
17 (2) the property is unoccupied by persons legally
18 in possession; and
19 (3) the property contains a dangerous or unsafe
20 building.
21 All persons having an interest of record in the property,
22 including tax purchasers and beneficial owners of any
23 Illinois land trust having title to the property, shall be
24 named as defendants in the petition and shall be served with
25 process. In addition, service shall be had under Section
26 2-206 of the Code of Civil Procedure as in other cases
27 affecting property.
28 The municipality, however, may proceed under this
29 subsection in a proceeding brought under subsection (a) or
30 (b). Notice of the petition shall be served by certified or
31 registered mail on all persons who were served notice under
32 subsection (a) or (b).
33 If the municipality proves that the conditions described
34 in this subsection exist and the owner of record of the
HB1978 Enrolled -18- LRB9104006PTpk
1 property does not enter an appearance in the action, or, if
2 title to the property is held by an Illinois land trust, if
3 neither the owner of record nor the owner of the beneficial
4 interest of the trust enters an appearance, the court shall
5 declare the property abandoned.
6 If that determination is made, notice shall be sent by
7 certified or registered mail to all persons having an
8 interest of record in the property, including tax purchasers
9 and beneficial owners of any Illinois land trust having title
10 to the property, stating that title to the property will be
11 transferred to the municipality unless, within 30 days of the
12 notice, the owner of record enters an appearance in the
13 action, or unless any other person having an interest in the
14 property files with the court a request to demolish the
15 dangerous or unsafe building or to put the building in safe
16 condition.
17 If the owner of record enters an appearance in the action
18 within the 30 day period, the court shall vacate its order
19 declaring the property abandoned. In that case, the
20 municipality may amend its complaint in order to initiate
21 proceedings under subsection (a).
22 If a request to demolish or repair the building is filed
23 within the 30 day period, the court shall grant permission to
24 the requesting party to demolish the building within 30 days
25 or to restore the building to safe condition within 60 days
26 after the request is granted. An extension of that period
27 for up to 60 additional days may be given for good cause. If
28 more than one person with an interest in the property files a
29 timely request, preference shall be given to the person with
30 the lien or other interest of the highest priority.
31 If the requesting party proves to the court that the
32 building has been demolished or put in a safe condition
33 within the period of time granted by the court, the court
34 shall issue a quitclaim judicial deed for the property to the
HB1978 Enrolled -19- LRB9104006PTpk
1 requesting party, conveying only the interest of the owner of
2 record, upon proof of payment to the municipality of all
3 costs incurred by the municipality in connection with the
4 action, including but not limited to court costs, attorney's
5 fees, administrative costs, the costs, if any, associated
6 with building enclosure or removal, and receiver's
7 certificates. The interest in the property so conveyed shall
8 be subject to all liens and encumbrances on the property. In
9 addition, if the interest is conveyed to a person holding a
10 certificate of purchase for the property under the Property
11 Tax Code, the conveyance shall be subject to the rights of
12 redemption of all persons entitled to redeem under that Act,
13 including the original owner of record.
14 If no person with an interest in the property files a
15 timely request or if the requesting party fails to demolish
16 the building or put the building in safe condition within the
17 time specified by the court, the municipality may petition
18 the court to issue a judicial deed for the property to the
19 municipality. A conveyance by judicial deed shall operate to
20 extinguish all existing ownership interests in, liens on, and
21 other interest in the property, including tax liens.
22 (e) Each municipality may use the provisions of this
23 subsection to expedite the removal of certain buildings that
24 are a continuing hazard to the community in which they are
25 located.
26 If a residential or commercial building is 3 stories or
27 less in height as defined by the municipality's building
28 code, and the corporate official designated to be in charge
29 of enforcing the municipality's building code determines that
30 the building is open and vacant and an immediate and
31 continuing hazard to the community in which the building is
32 located, then the official shall be authorized to post a
33 notice not less than 2 feet by 2 feet in size on the front of
34 the building. The notice shall be dated as of the date of
HB1978 Enrolled -20- LRB9104006PTpk
1 the posting and shall state that unless the building is
2 demolished, repaired, or enclosed, and unless any garbage,
3 debris, and other hazardous, noxious, or unhealthy substances
4 or materials are removed so that an immediate and continuing
5 hazard to the community no longer exists, then the building
6 may be demolished, repaired, or enclosed, or any garbage,
7 debris, and other hazardous, noxious, or unhealthy substances
8 or materials may be removed, by the municipality.
9 Not later than 30 days following the posting of the
10 notice, the municipality shall do both of the following:
11 (1) Cause to be sent, by certified mail, return
12 receipt requested, a notice to all owners of record of
13 the property, the beneficial owners of any Illinois land
14 trust having title to the property, and all lienholders
15 of record in the property, stating the intent of the
16 municipality to demolish, repair, or enclose the building
17 or remove any garbage, debris, or other hazardous,
18 noxious, or unhealthy substances or materials if that
19 action is not taken by the owner or owners.
20 (2) Cause to be published, in a newspaper published
21 or circulated in the municipality where the building is
22 located, a notice setting forth (i) the permanent tax
23 index number and the address of the building, (ii) a
24 statement that the property is open and vacant and
25 constitutes an immediate and continuing hazard to the
26 community, and (iii) a statement that the municipality
27 intends to demolish, repair, or enclose the building or
28 remove any garbage, debris, or other hazardous, noxious,
29 or unhealthy substances or materials if the owner or
30 owners or lienholders of record fail to do so. This
31 notice shall be published for 3 consecutive days.
32 A person objecting to the proposed actions of the
33 corporate authorities may file his or her objection in an
34 appropriate form in a court of competent jurisdiction.
HB1978 Enrolled -21- LRB9104006PTpk
1 If the building is not demolished, repaired, or enclosed,
2 or the garbage, debris, or other hazardous, noxious, or
3 unhealthy substances or materials are not removed, within 30
4 days of mailing the notice to the owners of record, the
5 beneficial owners of any Illinois land trust having title to
6 the property, and all lienholders of record in the property,
7 or within 30 days of the last day of publication of the
8 notice, whichever is later, the corporate authorities shall
9 have the power to demolish, repair, or enclose the building
10 or to remove any garbage, debris, or other hazardous,
11 noxious, or unhealthy substances or materials.
12 The municipality may proceed to demolish, repair, or
13 enclose a building or remove any garbage, debris, or other
14 hazardous, noxious, or unhealthy substances or materials
15 under this subsection within a 120-day period following the
16 date of the mailing of the notice if the appropriate official
17 determines that the demolition, repair, enclosure, or removal
18 of any garbage, debris, or other hazardous, noxious, or
19 unhealthy substances or materials is necessary to remedy the
20 immediate and continuing hazard. If, however, before the
21 municipality proceeds with any of the actions authorized by
22 this subsection, any person has sought a hearing under this
23 subsection before a court and has served a copy of the
24 complaint on the chief executive officer of the municipality,
25 then the municipality shall not proceed with the demolition,
26 repair, enclosure, or removal of garbage, debris, or other
27 substances until the court determines that that action is
28 necessary to remedy the hazard and issues an order
29 authorizing the municipality to do so.
30 Following the demolition, repair, or enclosure of a
31 building, or the removal of garbage, debris, or other
32 hazardous, noxious, or unhealthy substances or materials
33 under this subsection, the municipality may file a notice of
34 lien against the real estate for the cost of the demolition,
HB1978 Enrolled -22- LRB9104006PTpk
1 repair, enclosure, or removal within 180 days after the
2 repair, demolition, enclosure, or removal occurred, for the
3 cost and expense incurred, in the office of the recorder in
4 the county in which the real estate is located or in the
5 office of the registrar of titles of the county if the real
6 estate affected is registered under the Registered Titles
7 (Torrens) Act. The notice of lien shall consist of a sworn
8 statement setting forth (i) a description of the real estate,
9 such as the address or other description of the property,
10 sufficient for its identification; (ii) the expenses incurred
11 by the municipality in undertaking the remedial actions
12 authorized under this subsection; (iii) the date or dates the
13 expenses were incurred by the municipality; (iv) a statement
14 by the corporate official responsible for enforcing the
15 building code that the building was open and vacant and
16 constituted an immediate and continuing hazard to the
17 community; (v) a statement by the corporate official that the
18 required sign was posted on the building, that notice was
19 sent by certified mail to the owners of record, and that
20 notice was published in accordance with this subsection; and
21 (vi) a statement as to when and where the notice was
22 published. The lien authorized by this subsection may
23 thereafter be released or enforced by the municipality as
24 provided in subsection (a).
25 (f) The corporate authorities of each municipality may
26 remove or cause the removal of, or otherwise environmentally
27 remediate hazardous substances on, in, or under any abandoned
28 and unsafe property within the territory of a municipality.
29 In addition, where preliminary evidence indicates the
30 presence or likely presence of a hazardous substance or a
31 release or a substantial threat of a release of a hazardous
32 substance on, in, or under the property, the corporate
33 authorities of the municipality may inspect the property and
34 test for the presence or release of hazardous substances. In
HB1978 Enrolled -23- LRB9104006PTpk
1 any county having adopted by referendum or otherwise a county
2 health department as provided by Division 5-25 of the
3 Counties Code or its predecessor, the county board of that
4 county may exercise the above-described powers with regard to
5 property within the territory of any city, village, or
6 incorporated town having less than 50,000 population.
7 For purposes of this subsection (f):
8 (1) "property" or "real estate" means all real
9 property, whether or not improved by a structure;
10 (2) "abandoned" means;
11 (A) the property has been tax delinquent for 2
12 or more years;
13 (B) the property is unoccupied by persons
14 legally in possession; and
15 (3) "unsafe" means property that presents an actual
16 or imminent threat to public health and safety caused by
17 the release of hazardous substances; and
18 (4) "hazardous substances" means the same as in
19 Section 3.14 of the Environmental Protection Act.
20 The corporate authorities shall apply to the circuit
21 court of the county in which the property is located (i) for
22 an order allowing the municipality to enter the property and
23 inspect and test substances on, in, or under the property; or
24 (ii) for an order authorizing the corporate authorities to
25 take action with respect to remediation of the property if
26 conditions on the property, based on the inspection and
27 testing authorized in paragraph (i), indicate the presence of
28 hazardous substances. Remediation shall be deemed complete
29 for purposes of paragraph (ii) above when the property
30 satisfies Tier I, II, or III remediation objectives for the
31 property's most recent usage, as established by the
32 Environmental Protection Act, and the rules and regulations
33 promulgated thereunder. Where, upon diligent search, the
34 identity or whereabouts of the owner or owners of the
HB1978 Enrolled -24- LRB9104006PTpk
1 property, including the lien holders of record, is not
2 ascertainable, notice mailed to the person or persons in
3 whose name the real estate was last assessed is sufficient
4 notice under this Section.
5 The court shall grant an order authorizing testing under
6 paragraph (i) above upon a showing of preliminary evidence
7 indicating the presence or likely presence of a hazardous
8 substance or a release of or a substantial threat of a
9 release of a hazardous substance on, in, or under abandoned
10 property. The preliminary evidence may include, but is not
11 limited to, evidence of prior use, visual site inspection, or
12 records of prior environmental investigations. The testing
13 authorized by paragraph (i) above shall include any type of
14 investigation which is necessary for an environmental
15 professional to determine the environmental condition of the
16 property, including but not limited to performance of soil
17 borings and groundwater monitoring. The court shall grant a
18 remediation order under paragraph (ii) above where testing of
19 the property indicates that it fails to meet the applicable
20 remediation objectives. The hearing upon the application to
21 the circuit court shall be expedited by the court and shall
22 be given precedence over all other suits.
23 The cost of the inspection, testing, or remediation
24 incurred by the municipality or by a lien holder of record,
25 including court costs, attorney's fees, and other costs
26 related to the enforcement of this Section, is a lien on the
27 real estate; except that in any instances where a
28 municipality incurs costs of inspection and testing but finds
29 no hazardous substances on the property that present an
30 actual or imminent threat to public health and safety, such
31 costs are not recoverable from the owners nor are such costs
32 a lien on the real estate. The lien is superior to all prior
33 existing liens and encumbrances, except taxes and any lien
34 obtained under subsection (a) or (e), if, within 180 days
HB1978 Enrolled -25- LRB9104006PTpk
1 after the completion of the inspection, testing, or
2 remediation, the municipality or the lien holder of record
3 who incurred the cost and expense shall file a notice of lien
4 for the cost and expense incurred in the office of the
5 recorder in the county in which the real estate is located or
6 in the office of the registrar of titles of the county if the
7 real estate affected is registered under the Registered
8 Titles (Torrens) Act.
9 The notice must consist of a sworn statement setting out
10 (i) a description of the real estate sufficient for its
11 identification, (ii) the amount of money representing the
12 cost and expense incurred, and (iii) the date or dates when
13 the cost and expense was incurred by the municipality or the
14 lien holder of record. Upon payment of the lien amount by
15 the owner of or persons interested in the property after the
16 notice of lien has been filed, a release of lien shall be
17 issued by the municipality, the person in whose name the lien
18 has been filed, or the assignee of the lien, and the release
19 may be filed of record as in the case of filing notice of
20 lien.
21 The lien may be enforced under subsection (c) or by
22 foreclosure proceedings as in the case of mortgage
23 foreclosures under Article XV of the Code of Civil Procedure
24 or mechanics' lien foreclosures; provided that where the lien
25 is enforced by foreclosure under subsection (c) or under
26 either statute, the municipality may not proceed against the
27 other assets of the owner or owners of the real estate for
28 any costs that otherwise would be recoverable under this
29 Section but that remain unsatisfied after foreclosure except
30 where such additional recovery is authorized by separate
31 environmental laws. An action to foreclose this lien may be
32 commenced at any time after the date of filing of the notice
33 of lien. The costs of foreclosure incurred by the
34 municipality, including court costs, reasonable attorney's
HB1978 Enrolled -26- LRB9104006PTpk
1 fees, advances to preserve the property, and other costs
2 related to the enforcement of this subsection, plus statutory
3 interest, are a lien on the real estate.
4 All liens arising under this subsection (f) shall be
5 assignable. The assignee of the lien shall have the same
6 power to enforce the lien as the assigning party, except that
7 the lien may not be enforced under subsection (c).
8 (g) In any case where a municipality has obtained a lien
9 under subsection (a), the municipality may also bring an
10 action for a money judgment against the owner or owners of
11 the real estate in the amount of the lien in the same manner
12 as provided for bringing causes of action in Article II of
13 the Code of Civil Procedure and, upon obtaining a judgment,
14 file a judgment lien against all of the real estate of the
15 owner or owners and enforce that lien as provided for in
16 Article XII of the Code of Civil Procedure.
17 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
18 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)
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