HB2451 Engrossed

LRB096 08498 RLJ 18618 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:


 
4
    Section 5. The Illinois Municipal Code is amended  by 
5
changing Sections 11-20-7, 11-20-8, 11-20-12, and 11-20-13 and  
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by adding Section 11-20-15 as follows:
 



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    (65 ILCS 5/11-20-7)  (from Ch. 24, par. 11-20-7)



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    Sec. 11-20-7. Cutting and removal of neglected weeds, 
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grass, trees, and bushes.  
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    (a) The corporate authorities of each municipality may 
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provide
for the removal of nuisance greenery from any parcel of 
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private property within cutting of weeds or grass, the trimming 
13
of trees or bushes, and the removal of nuisance bushes or trees 
14
in the municipality if , when the owners of that parcel, after 
15
reasonable notice, real
estate refuse or neglect to remove the 
16
nuisance greenery. The municipality may cut, trim, or remove 
17
them and to collect, from the owners of that parcel,
private 
18
property the reasonable removal cost thereof. 
19
    (b) The municipality's removal cost under this Section is a 
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lien upon the underlying parcel in accordance with Section 
21
11-20-15.
22
    (c) For the purpose of this Section: 
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    "Removal of nuisance greenery" or "removal activities" 
 


 






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means the cutting of weeds or grass, the trimming of trees or 
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bushes, and the removal of nuisance bushes or trees. 
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    "Removal cost" means the total cost of the removal 
4
activity. 
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    This cost is a lien upon the
real estate affected, superior 
6
to all other liens and encumbrances, except
tax liens; provided 
7
that within 60 days after such cost and expense is
incurred the 
8
municipality, or person performing the service by authority of

9
the municipality, in his or its own name, files notice of lien 
10
in the
office of the recorder in the county in which
such real 
11
estate is
located or in the office of the Registrar of Titles 
12
of such county if the
real estate affected is registered under 
13
the Torrens system. The notice
shall consist of a sworn 
14
statement setting out (1) a description of the
real estate 
15
sufficient for identification thereof, (2) the amount of money

16
representing the cost and expense incurred or payable for the 
17
service, and
(3) the date or dates when such cost and expense 
18
was incurred by the
municipality. However, the lien of such 
19
municipality shall not be valid as
to any purchaser whose 
20
rights in and to such real estate have arisen
subsequent to the 
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cutting of weeds or grass, the trimming of trees or bushes, or 
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the removal of nuisance bushes or trees and prior to the filing 
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of such notice, and
the lien of such municipality shall not be 
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valid as to any mortgagee,
judgment creditor or other lienor 
25
whose rights in and to such real estate
arise prior to the 
26
filing of such notice. Upon payment of the cost and
expense by 
 


 






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the owner of or persons interested in such property after 
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notice
of lien has been filed, the lien shall be released by 
3
the municipality or
person in whose name the lien has been 
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filed and the release may be filed
of record as in the case of 
5
filing notice of lien.

6
    The cost of the cutting, trimming, or removal of weeds, 
7
grass, trees, or bushes shall not be lien on the real estate

8
affected unless a notice is personally served on, or sent by 
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certified mail to,
the person to whom was sent the tax bill for 
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the general taxes on the property
for the last preceding year.  
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The notice shall be delivered or sent
after the cutting, 
12
trimming, or removal of weeds, grass, trees, or bushes on the 
13
property.  The notice shall
state the substance of this Section 
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and the substance of any ordinance of the
municipality 
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implementing this Section and shall identify the property, by

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common description, and the location of the weeds to be cut.

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(Source: P.A. 95-183, eff. 8-14-07.)

 
18
    (65 ILCS 5/11-20-8)  (from Ch. 24, par. 11-20-8)

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    Sec. 11-20-8. Pest extermination; liens.  
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    (a) The corporate authorities of
each municipality may 
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provide pest-control activities on any parcel of private 
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property
for the extermination of pests in the municipality if, 
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and charge to
and
collect from the owners of and persons 
24
interested in private property the
reasonable cost and expense 
25
of preventing ingress of pests to
their property
and of pest 
 


 






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extermination therein, after reasonable notice, the owners of 
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that parcel refuse or neglect to prevent the ingress of pests 
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to their property or to exterminate pests on their property. 
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The municipality may collect, from the owners of the underlying 
5
parcel, the reasonable removal cost notice to such owners or

6
persons as
provided by ordinance and failures of such owners or 
7
persons to comply.

8
    (b) The municipality's removal cost under this Section is a 
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lien upon the underlying parcel in accordance with Section 
10
11-20-15. This cost and expense is a lien upon the real estate 
11
affected, superior to
all other existing liens and 
12
encumbrances, except tax liens if within 60
days after such 
13
cost and expense is incurred the municipality, or person

14
performing the service by authority of the municipality, in his 
15
or its own
name, files notice of lien in the office of the 
16
recorder in the
county in which the real estate is located or 
17
in the office of the
Registrar of Titles of such county if the 
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real estate affected is
registered under "An Act concerning 
19
land titles", approved May 1, 1897,
as amended. The notice 
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shall consist of a sworn
statement setting out (1) a 
21
description of the real estate sufficient for
identification 
22
thereof, (2) the amount of money representing the cost and

23
expense incurred or payable for the service, and (3) the date 
24
or dates when
such cost and expense was incurred by the 
25
municipality. However, the lien
of such municipality shall not 
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be valid as to any purchaser, mortgagee,
judgment creditor, or 
 


 






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other lienor whose rights in and to the real estate
arise 
2
subsequent to the pest extermination and prior to the filing
of

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the
notice of such lien in the office of the recorder, or in 
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the
office of the Registrar of Titles, as aforesaid. Upon 
5
payment of the cost
and expense by the owner of or persons 
6
interested in the property after
notice of lien has been filed, 
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the lien shall be released by the
municipality or person in 
8
whose name the lien has been filed and the
release may be filed 
9
of record as in the case of filing notice of lien. The
lien may 
10
be enforced by proceedings to foreclose as in case of mortgages 
11
or
mechanics' liens. Actions to foreclose this lien shall be 
12
commenced
within one
year after the date of filing notice of 
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lien.


14
    (c) For the purpose of this Section: 
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    "Pests", as used  in this Section 11-20-8, means undesirable 
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arthropods (including certain insects, spiders, mites, ticks, 
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and related organisms), wood infesting organisms, rats, mice, 
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and other obnoxious undesirable animals, but does not include a 
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feral cat, a "companion animal" as that term is defined in the 
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Humane Care for Animals Act (510 ILCS 70/), "animals" as that 
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term is defined in the Illinois Diseased Animals Act (510 ILCS 
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50/), or animals protected by the Wildlife Code (520 ILCS 5/).

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    "Pest-control activity" means the extermination of pests 
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or the prevention of the ingress of pests. 
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    "Removal cost" means the total cost of the pest-control 
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activity. 

 


 






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(Source: P.A. 94-572, eff. 8-12-05.)

 



2
    (65 ILCS 5/11-20-12)  (from Ch. 24, par. 11-20-12)



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    Sec. 11-20-12. Removal of infected trees.  
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    (a) The corporate authorities of each municipality may 
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provide for the
removal of elm trees infected with Dutch elm 
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disease or ash trees infected with the emerald ash borer 
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(Agrilus planipennis Fairmaire) from any parcel of private 
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property within the municipality if the owners of that parcel, 
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after reasonable notice, refuse or neglect to remove the 
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infected trees.  The municipality may collect, from the owners 
11
of the parcel, not
owned by the municipality or dedicated for 
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public use when the owner of
such property refuses or neglects 
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to remove any such tree, and to collect
from the property owner 
14
the reasonable removal cost thereof. 
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    (b) The municipality's removal cost under this Section is a 
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lien upon the underlying parcel in accordance with Section 
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11-20-15. 
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    (c) For the purpose of this Section, "removal cost" means 
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the total cost of the removal of the infected trees. 
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    This cost is a lien
upon the real estate affected, superior 
21
to all other liens and
encumbrances, except tax liens; provided 
22
that notice has been given as
hereinafter described, and 
23
further provided that within 60 days after such
cost and 
24
expense is incurred the municipality, or person performing the

25
service by authority of the municipality, in his or its own 
 


 






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name, files
notice of lien in the office of the recorder in the 
2
county in
which such real estate is located or in the office of 
3
the Registrar of
Titles of such county if the real estate 
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affected is registered under "An
Act concerning land titles", 
5
approved May 1, 1897, as amended. The notice
shall consist of a 
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sworn statement setting out
(1) a description of the real 
7
estate sufficient for identification thereof,
(2) the amount of 
8
money representing the cost and expense incurred or
payable for 
9
the service, and (3) the date or dates when such cost and

10
expense was incurred by the municipality. However, the lien of 
11
such
municipality shall not be valid as to any purchaser whose 
12
rights in and to
such real estate have arisen subsequent to the 
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tree removal and prior to
the filing of such notice, and the 
14
lien of such municipality shall not be
valid as to any 
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mortgagee, judgment creditor or other lienor whose rights
in 
16
and to such real estate arise prior to the filing of such 
17
notice. Upon
payment of the cost and expense by the owner of or 
18
persons interested in
such property after notice of lien has 
19
been filed, the lien shall be
released by the municipality or 
20
person in whose name the lien has been
filed and the release 
21
may be filed of record as in the case of filing
notice of lien.

22
    The cost of such tree removal shall not be a lien upon the 
23
real estate
affected unless a notice shall be personally served 
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or sent by registered
mail to the person to whom was sent the 
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tax bill for the general taxes for
the last preceding year on 
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the property, such notice to be delivered or
sent not less than 
 


 






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30 days prior to the removal of the tree or trees
located 
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thereon. The notice shall contain the substance of this 
3
section,
and of any ordinance of the municipality implementing 
4
its provisions, and
identify the property, by common 
5
description, and the tree or trees
affected.

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(Source: P.A. 95-183, eff. 8-14-07.)

 



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    (65 ILCS 5/11-20-13)  (from Ch. 24, par. 11-20-13)



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    Sec. 11-20-13. Removal of garbage, debris, and graffiti.  
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    (a) The corporate authorities of each municipality may 
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provide for the
removal of garbage, debris, and graffiti from 
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any parcel of private property within the municipality if
when 
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the owner of that parcel such
property, after reasonable 
13
notice, refuses or neglects to remove the such
garbage, debris, 
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and graffiti. The municipality and may collect, from the such 
15
owner of the parcel,
the reasonable removal cost
thereof except 
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in the case of graffiti. 
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    (b) The municipality's removal cost under this Section is a 
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lien upon the underlying parcel in accordance with Section 
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11-20-15. This cost is a lien upon the real
estate affected, 
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superior to all
subsequent liens and encumbrances, except tax 
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liens, if within 60 days
after such cost and expense is 
22
incurred the municipality, or person
performing the service by 
23
authority of the municipality, in his or its own
name, files 
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notice of lien in the office of the recorder in the
county in 
25
which such real estate is located or in the office of the

 


 






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Registrar of Titles of such county if the real estate affected 
2
is
registered under "An Act concerning land titles", approved 
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May 1, 1897,
as amended. The notice shall consist of a sworn

4
statement setting out (1) a description of the real estate 
5
sufficient for
identification thereof, (2) the amount of money 
6
representing the cost and
expense incurred or payable for the 
7
service, and (3) the date or dates when
such cost and expense 
8
was incurred by the municipality. However, the lien
of such 
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municipality shall not be valid as to any purchaser whose 
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rights in
and to such real estate have arisen subsequent to 
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removal of the garbage
and debris and prior to the filing of 
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such notice, and the lien of such
municipality shall not be 
13
valid as to any mortgagee, judgment creditor or
other lienor 
14
whose rights in and to such real estate arise prior to the

15
filing of such notice. Upon payment of the cost and expense by 
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the owner of
or persons interested in such property after 
17
notice of lien has been filed,
the lien shall be released by 
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the municipality or person in whose name the
lien has been 
19
filed and the release may be filed of record as in the case
of 
20
filing notice of lien. The lien may be enforced by proceedings 
21
to
foreclose as in case of mortgages or mechanics' liens. An 
22
action
to foreclose
this lien shall be commenced within 2 years 
23
after the date of filing notice
of lien.

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    (c) This amendatory Act of 1973 does not apply to any 
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municipality which is
a home rule unit.

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    (d) For the purpose of this Section, "removal cost" means 
 


 






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the total cost of the removal of garbage and debris. The term 
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"removal cost" does not include any cost associated with the 
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removal of graffiti. 
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(Source: P.A. 90-292, eff. 1-1-98.)

 
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    (65 ILCS 5/11-20-15  new)
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    Sec. 11-20-15. Lien  for removal costs.
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    (a) If the municipality incurs a removal cost under Section 
8
11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any 
9
underlying parcel, then that cost is a lien upon that 
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underlying parcel. This lien is superior to all other liens and 
11
encumbrances, except tax liens.
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    (b) To perfect a lien under this Section, the municipality 
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must, within one year after the removal cost is incurred, file 
14
notice of lien in the office of the recorder in the county in 
15
which the underlying parcel is located or, if the underlying 
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parcel is registered under the Torrens system, in the office of 
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the Registrar of Titles of that county. The notice must consist 
18
of a sworn statement setting out:
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        (1) a description of the underlying parcel that 
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    sufficiently identifies the parcel;
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        (2) the amount of the removal cost; and
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        (3) the date or dates when the removal cost was 
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    incurred by the municipality.
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    If, for any one parcel, the municipality engaged in any 
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removal activity on more than one occasion during the course of 
 


 






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one year, then the municipality may combine any or all of the 
2
costs of each of those activities into a single notice of lien.
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    (c) A lien under this Section is not valid as to: (i) any 
4
purchaser whose rights in and to the underlying parcel arose 
5
after the removal activity but before the filing of the notice 
6
of lien; or (ii) any mortgagee, judgment creditor, or other 
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lienor whose rights in and to the underlying parcel arose 
8
before the filing of the notice of lien.
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    (d) The removal cost is not a lien on the underlying parcel 
10
unless a notice is personally served on, or sent by certified 
11
mail to, the person to whom was sent the tax bill for the 
12
general taxes on the property for the taxable year immediately 
13
preceding the removal activities. The notice must be delivered 
14
or sent after the removal activities have been performed, and 
15
it must: (i) state the substance of this Section and the 
16
substance of any ordinance of the municipality implementing 
17
this Section; (ii) identify the underlying parcel, by common 
18
description; and (iii) describe the removal activity.
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    (e) A lien under this Section may be enforced by 
20
proceedings to foreclose as in case of mortgages or mechanics' 
21
liens. An action to foreclose a lien under this Section must be 
22
commenced within 2 years after the date of filing notice of 
23
lien.
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    (f) Any person who performs a removal activity by the 
25
authority of the municipality may, in his or her own name, file 
26
a lien and foreclose on that lien in the same manner as a 
 


 






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municipality under this Section.
2
    (g) A failure to file a foreclosure action does not, in any 
3
way, affect the validity of the lien against the underlying 
4
parcel.
5
    (h) Upon payment of the lien cost by the owner of the 
6
underlying parcel after notice of lien has been filed, the 
7
municipality (or its agent under subsection (f)) shall release 
8
the lien,  and the release may be filed of record by the owner 
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at his or her sole expense as in the case of filing notice of 
10
lien.
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    (i) For the purposes of this Section:
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    "Lien cost" means the removal cost and the filing costs for 
13
any notice of lien under subsection (b).
14
    "Removal activity" means any activity for which a removal 
15
cost was incurred.
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    "Removal cost" means a removal cost as defined under 
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Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13.
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    "Underlying parcel" means a parcel of private property upon 
19
which a removal activity was performed.
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    "Year" means a 365-day period.
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    (j) This Section applies only to liens filed after the 
22
effective date of this amendatory Act of the 96th General 
23
Assembly. 
 

24
    Section 99. Effective date. This Act takes effect upon 
25
becoming law.