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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Township Code is amended by changing Section | ||||||
5 | 105-15 as follows:
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6 | (60 ILCS 1/105-15)
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7 | Sec. 105-15. Weed cutting.
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8 | (a) The township board may provide for the cutting of weeds | ||||||
9 | or grass, the trimming of trees or bushes, the removal of | ||||||
10 | nuisance bushes or trees, or the
maintenance of a retention | ||||||
11 | pond or detention pond on any real estate in
residential areas | ||||||
12 | in the township no sooner than 7 days after notifying the
owner | ||||||
13 | or the appropriate property owners association by mail of the | ||||||
14 | intended
weed or grass cutting , bush or tree trimming, nuisance | ||||||
15 | bush or tree removal, or pond maintenance when the owners of | ||||||
16 | the real estate refuse or
neglect to cut the weeds or grass, | ||||||
17 | trim the trees or bushes, remove the nuisance bushes or trees, | ||||||
18 | or maintain the pond. The board may collect from the
owners the | ||||||
19 | reasonable cost of cutting the weeds or grass, trimming the | ||||||
20 | trees or bushes, removing the nuisance bushes or trees, or | ||||||
21 | maintaining the pond.
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22 | (b) This cost is a lien upon the real estate affected, | ||||||
23 | superior to all other
liens and encumbrances except tax liens, |
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1 | if within 60 days after the cost and
expense is incurred, the | ||||||
2 | township or person performing the service by authority
of the | ||||||
3 | township in his or its own name files a notice of lien in the | ||||||
4 | office of
the recorder in the county in which the real estate | ||||||
5 | is located or in the office
of the registrar of titles of the | ||||||
6 | county if the real estate affected is
registered under the | ||||||
7 | Registered Titles (Torrens) Act. The notice shall consist
of a | ||||||
8 | sworn statement setting out (i) a description of the real | ||||||
9 | estate
sufficient for its identification, (ii) the amount of | ||||||
10 | money representing the
cost and expense incurred or payable for | ||||||
11 | the service, and (iii) the date or
dates when the cost and | ||||||
12 | expense was incurred by the township. The lien of the
township | ||||||
13 | shall not be valid, however, as to any purchaser whose rights | ||||||
14 | in and
to the real estate have arisen after the weed or grass | ||||||
15 | cutting, bush or tree trimming, nuisance bush or tree removal, | ||||||
16 | weed-cutting or pond maintenance and
before the filing of the | ||||||
17 | notice, and the lien of the township shall not be
valid as to | ||||||
18 | any mortgagee, judgment creditor, or other lienholder whose | ||||||
19 | rights
in and to the real estate arise before the filing of the | ||||||
20 | notice. Upon payment
of the cost and expense by the owner of or | ||||||
21 | persons interested in the property
after the notice of lien has | ||||||
22 | been filed, the lien shall be released by the
township or | ||||||
23 | person in whose name the lien has been filed. The release may | ||||||
24 | be
filed of record as in the case of filing a notice of lien.
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25 | (c) No provision of this Section applies to any nature | ||||||
26 | preserve or other
area that has been designated as a |
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1 | conservation area. | ||||||
2 | (d) In addition to any lien or foreclosure action related | ||||||
3 | thereto, a township may institute a civil action or proceeding | ||||||
4 | to recover the amount of money owed for any service performed | ||||||
5 | pursuant to subsection (a).
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6 | (Source: P.A. 87-1194; 88-62.)
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7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.
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