96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0621


 
Introduced 2/6/2009, by Rep. Mike Fortner
 
SYNOPSIS AS INTRODUCED:
 		














60 ILCS 1/105-15









    Amends the Township Code.  Provides that a township may provide for the cutting of grass, the trimming of trees or bushes, and the removal of nuisance trees or bushes (in addition to the cutting of weeds and the maintenance of a retention pond or detention pond). Provides for a lien and recovery of costs. Provides that the lien must be filed within 180 days (instead of 60 days) after the township or a person performing the service by authority
of the township incurs the cost of performing the service. Provides that, in addition to any lien or foreclosure action, a township may institute a civil action or proceeding to recover the amount of money owed for the performance of specified services.  Effective immediately.
















LRB096 03501 RLJ 13526 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB0621

LRB096 03501 RLJ 13526 b






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    AN ACT concerning local government.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Township Code is amended  by changing Section 
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105-15 as follows:
 



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    (60 ILCS 1/105-15)



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    Sec. 105-15. Weed cutting. 


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    (a) The township board may provide for the cutting of weeds 
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or grass, the trimming of trees or bushes, the removal of 
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nuisance bushes or trees, or the
maintenance of a retention 
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pond or detention pond on any real estate in
residential areas  
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in the township no sooner than 7 days after notifying the
owner 
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or the appropriate property owners association by mail of the 
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intended
weed or grass cutting, bush or tree trimming, nuisance 
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bush or tree removal, or pond maintenance when the owners of 
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the real estate refuse or
neglect to cut the weeds or grass, 
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trim the trees or bushes, remove the nuisance bushes or trees, 
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or maintain the pond.  The board may collect from the
owners the 
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reasonable cost of cutting the weeds or grass, trimming the 
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trees or bushes, removing the nuisance bushes or trees, or 
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maintaining the pond. If a lien is filed pursuant to subsection 
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(b), the board may collect from the owners reasonable 
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attorneys' fees and filing fees.

 


 






HB0621
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LRB096 03501 RLJ 13526 b




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    (b) This cost is a lien upon the real estate affected, 
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superior to all other
liens and encumbrances except tax liens, 
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if within 180 60 days after the cost and
expense is incurred, 
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the township or person performing the service by authority
of 
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the township in his or its own name files a notice of lien in 
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the office of
the recorder in the county in which the real 
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estate is located or in the office
of the registrar of titles 
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of the county if the real estate affected is
registered under 
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the Registered Titles (Torrens) Act. The notice shall consist

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of a sworn statement setting out (i) a description of the real 
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estate
sufficient for its identification, (ii) the amount of 
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money representing the
cost and expense incurred or payable for 
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the service, attorneys' fees, and filing fees, and (iii) the 
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date or
dates when the cost and expense was incurred by the 
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township. The lien of the
township shall not be valid, however, 
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as to any purchaser whose rights in and
to the real estate have 
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arisen after the weed or grass cutting, bush or tree trimming, 
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nuisance bush or tree removal, weed-cutting or pond maintenance 
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and
before the filing of the notice, and the lien of the 
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township shall not be
valid as to any mortgagee, judgment 
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creditor, or other lienholder whose rights
in and to the real 
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estate arise before the filing of the notice. Upon payment
of 
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the cost and expense by the owner of or persons interested in 
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the property
after the notice of lien has been filed,  the lien 
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shall be released by the
township or person in whose name the 
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lien has been filed. The release may be
filed of record as in 
 


 






HB0621
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LRB096 03501 RLJ 13526 b




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the case of filing a notice of lien.

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    (c) No provision of this Section applies to any nature 
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preserve or other
area that has been designated as a 
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conservation area.
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    (d) In addition to any lien or foreclosure action related 
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thereto, a township may institute a civil action or proceeding 
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to recover the amount of money owed for any service performed 
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pursuant to subsection (a). The township is entitled to 
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reasonable attorneys' fees and filing fees related to the civil 
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action or proceeding. Upon the payment of all costs and fees by 
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the owner or persons interested in the property, any  lien filed 
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under subsection (b) shall be released and the action or 
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proceeding dismissed with prejudice. 

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(Source: P.A. 87-1194; 88-62.)

 

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    Section 99. Effective date. This Act takes effect upon 
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becoming law.