Counties & Townships Committee
Filed: 3/5/2009
 
 

 




 

 		












09600HB0621ham001

LRB096 03501 RLJ 22330 a






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AMENDMENT TO HOUSE BILL 621 




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    AMENDMENT NO. ______. Amend House Bill 621  by replacing 
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everything after the enacting clause with the following:


 
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    "Section 5. The Township Code is amended  by changing 
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Section 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, 
 


 






09600HB0621ham001
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LRB096 03501 RLJ 22330 a




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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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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 
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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). 

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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.".