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HB0621 Engrossed |
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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.
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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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HB0621 Engrossed |
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LRB096 03501 RLJ 13526 b |
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| if within 60 days after the cost and
expense is incurred, the |
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| township or person performing the service by authority
of the |
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| township in his or its own name files a notice of lien in the |
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| office of
the recorder in the county in which the real estate |
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| is located or in the office
of the registrar of titles of the |
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| county if the real estate affected is
registered under the |
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| Registered Titles (Torrens) Act. The notice shall consist
of a |
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| 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, and (iii) the date or
dates when the cost and |
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| expense was incurred by the township. The lien of the
township |
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| shall not be valid, however, as to any purchaser whose rights |
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| in and
to the real estate have arisen after the weed or grass |
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| cutting, bush or tree trimming, nuisance bush or tree removal, |
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| weed-cutting or pond maintenance and
before the filing of the |
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| notice, and the lien of the township shall not be
valid as to |
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| any mortgagee, judgment creditor, or other lienholder whose |
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| rights
in and to the real estate arise before the filing of the |
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| notice. Upon payment
of the cost and expense by the owner of or |
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| persons interested in the property
after the notice of lien has |
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| been filed, the lien shall be released by the
township or |
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| person in whose name the lien has been filed. The release may |
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| be
filed of record as in 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 |