Illinois General Assembly - Full Text of SB1721
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of SB1721  102nd General Assembly

SB1721enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
SB1721 EnrolledLRB102 14259 AWJ 19611 b

1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 21-90 and 21-215 as follows:
 
6    (35 ILCS 200/21-90)
7    Sec. 21-90. Purchase and sale by county; distribution of
8proceeds. When any property is delinquent, or is forfeited
9for each of 2 or more years, and is offered for sale under any
10of the provisions of this Code, the County Board of the County
11in which the property is located, in its discretion, may bid,
12or, in the case of forfeited property, may apply to purchase
13it, in the name of the County as trustee for all taxing
14districts having an interest in the property's taxes or
15special assessments for the nonpayment of which the property
16is sold. The presiding officer of the county board, with the
17advice and consent of the Board, may appoint on its behalf some
18officer or person to attend such sales and bid or, in the case
19of forfeited property, to apply to the county clerk to
20purchase. The County shall apply on the bid or purchase the
21unpaid taxes and special assessments due upon the property. No
22cash need be paid. The County may shall take all steps
23necessary to acquire title to the property and may manage and

 

 

SB1721 Enrolled- 2 -LRB102 14259 AWJ 19611 b

1operate the property, including, but not limited to, mowing of
2grass, removal of nuisance greenery, removal of garbage,
3waste, debris or other materials, or the demolition, repair,
4or remediation of unsafe structures. When a county, or other
5taxing district within the county, is a petitioner for a tax
6deed, no filing fee shall be required. When a county or other
7taxing district within the county is the petitioner for a tax
8deed, one petition may be filed including all parcels that are
9tax delinquent within the county or taxing district, and any
10publication made under Section 22-20 of this Code may combine
11all such parcels within a single notice. The notice shall list
12the street or common address, if known, of the parcels for
13informational purposes. The county, as tax creditor and as
14trustee for other tax creditors, or other taxing district
15within the county, shall not be required to allege and prove
16that all taxes and special assessments which become due and
17payable after the sale to the county have been paid nor shall
18the county be required to pay the subsequently accruing taxes
19or special assessments at any time. The county board or its
20designee may prohibit the county collector from including the
21property in the tax sale of one or more subsequent years. The
22lien of taxes and special assessments which become due and
23payable after a sale to a county shall merge in the fee title
24of the county, or other taxing district within the county, on
25the issuance of a deed.
26    The County may sell or assign the property so acquired, or

 

 

SB1721 Enrolled- 3 -LRB102 14259 AWJ 19611 b

1the certificate of purchase to it, to any party, including
2taxing districts. The proceeds of that sale or assignment,
3less all costs of the county incurred in the acquisition,
4operation, maintenance, and sale or assignment of the
5property, including all costs associated with county staff and
6overhead used to perform the duties of the trustee set forth in
7this Section, shall be distributed to the taxing districts in
8proportion to their respective interests therein.
9    Under Sections 21-110, 21-115, 21-120 and 21-405, a County
10may bid or purchase only in the absence of other bidders.
11(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
 
12    (35 ILCS 200/21-215)
13    Sec. 21-215. Penalty bids. The person at the sale offering
14to pay the amount due on each property for the least penalty
15percentage shall be the purchaser of that property. No bid
16shall be accepted for a penalty exceeding 9% 18% of the amount
17of the tax or special assessment on property.
18(Source: P.A. 86-1431; 86-1480; 88-455.)
 
19    Section 10. The Counties Code is amended by changing
20Section 5-1121 as follows:
 
21    (55 ILCS 5/5-1121)
22    Sec. 5-1121. Demolition, repair, or enclosure.
23    (a) The county board of each county may demolish, repair,

 

 

SB1721 Enrolled- 4 -LRB102 14259 AWJ 19611 b

1or enclose or cause the demolition, repair, or enclosure of
2dangerous and unsafe buildings or uncompleted and abandoned
3buildings within the territory of the county, but outside the
4territory of any municipality, and may remove or cause the
5removal of garbage, debris, and other hazardous, noxious, or
6unhealthy substances or materials from those buildings. If a
7township within the county makes a formal request to the
8county board as provided in Section 85-50 of the Township Code
9that the county board commence specified proceedings under
10this Section with respect to property located within the
11township but outside the territory of any municipality, then,
12at the next regular county board meeting occurring at least 10
13days after the formal request is made to the county board, the
14county board shall either commence the requested proceedings
15or decline to do so (either formally or by failing to commence
16the proceedings within 60 days after the request) and shall
17notify the township board making the request of the county
18board's decision. In any county having adopted, by referendum
19or otherwise, a county health department as provided by
20Division 5-25 of the Counties Code or its predecessor, the
21county board of any such county may upon a formal request by
22the city, village, or incorporated town demolish, repair or
23cause the demolition or repair of dangerous and unsafe
24buildings or uncompleted and abandoned buildings within the
25territory of any city, village, or incorporated town having a
26population of less than 50,000.

 

 

SB1721 Enrolled- 5 -LRB102 14259 AWJ 19611 b

1    The county board shall apply to the circuit court of the
2county in which the building is located (i) for an order
3authorizing action to be taken with respect to a building if
4the owner or owners of the building, including the lien
5holders of record, after at least 15 days' written notice by
6mail to do so, have failed to commence proceedings to put the
7building in a safe condition or to demolish it or (ii) for an
8order requiring the owner or owners of record to demolish,
9repair, or enclose the building or to remove garbage, debris,
10and other hazardous, noxious, or unhealthy substances or
11materials from the building. It is not a defense to the cause
12of action that the building is boarded up or otherwise
13enclosed, although the court may order the defendant to have
14the building boarded up or otherwise enclosed. Where, upon
15diligent search, the identity or whereabouts of the owner or
16owners of the building, including the lien holders of record,
17is not ascertainable, notice mailed to the person or persons
18in whose name the real estate was last assessed and the posting
19of such notice upon the premises sought to be demolished or
20repaired is sufficient notice under this Section.
21    The hearing upon the application to the circuit court
22shall be expedited by the court and shall be given precedence
23over all other suits.
24    The cost of the demolition, repair, enclosure, or removal
25incurred by the county, by an intervenor, or by a lien holder
26of record, including court costs, attorney's fees, and other

 

 

SB1721 Enrolled- 6 -LRB102 14259 AWJ 19611 b

1costs related to the enforcement of this Section, is
2recoverable from the owner or owners of the real estate or the
3previous owner or both if the property was transferred during
4the 15 day notice period and is a lien on the real estate; the
5lien is superior to all prior existing liens and encumbrances,
6except taxes, if, within 180 days after the repair,
7demolition, enclosure, or removal, the county, the lien holder
8of record, or the intervenor who incurred the cost and expense
9shall file a notice of lien for the cost and expense incurred
10in the office of the recorder in the county in which the real
11estate is located or in the office of the registrar of titles
12of the county if the real estate affected is registered under
13the Registered Titles (Torrens) Act.
14    The notice must consist of a sworn statement setting out
15(1) a description of the real estate sufficient for its
16identification, (2) the amount of money representing the cost
17and expense incurred, and (3) the date or dates when the cost
18and expense was incurred by the county, the lien holder of
19record, or the intervenor. Upon payment of the cost and
20expense by the owner of or persons interested in the property
21after the notice of lien has been filed, the lien shall be
22released by the county, the person in whose name the lien has
23been filed, or the assignee of the lien, and the release may be
24filed of record as in the case of filing notice of lien. Unless
25the lien is enforced under subsection (b), the lien may be
26enforced by foreclosure proceedings as in the case of mortgage

 

 

SB1721 Enrolled- 7 -LRB102 14259 AWJ 19611 b

1foreclosures under Article XV of the Code of Civil Procedure
2or mechanics' lien foreclosures. An action to foreclose this
3lien may be commenced at any time after the date of filing of
4the notice of lien. The costs of foreclosure incurred by the
5county, including court costs, reasonable attorney's fees,
6advances to preserve the property, and other costs related to
7the enforcement of this subsection, plus statutory interest,
8are a lien on the real estate and are recoverable by the county
9from the owner or owners of the real estate.
10    All liens arising under this subsection (a) shall be
11assignable. The assignee of the lien shall have the same power
12to enforce the lien as the assigning party, except that the
13lien may not be enforced under subsection (b).
14    If the appropriate official of any county determines that
15any dangerous and unsafe building or uncompleted and abandoned
16building within its territory fulfills the requirements for an
17action by the county under the Abandoned Housing
18Rehabilitation Act, the county may petition under that Act in
19a proceeding brought under this subsection.
20    (b) In any case where a county has obtained a lien under
21subsection (a), the county may enforce the lien under this
22subsection (b) in the same proceeding in which the lien is
23authorized.
24    A county desiring to enforce a lien under this subsection
25(b) shall petition the court to retain jurisdiction for
26foreclosure proceedings under this subsection. Notice of the

 

 

SB1721 Enrolled- 8 -LRB102 14259 AWJ 19611 b

1petition shall be served, by certified or registered mail, on
2all persons who were served notice under subsection (a). The
3court shall conduct a hearing on the petition not less than 15
4days after the notice is served. If the court determines that
5the requirements of this subsection (b) have been satisfied,
6it shall grant the petition and retain jurisdiction over the
7matter until the foreclosure proceeding is completed. The
8costs of foreclosure incurred by the county, including court
9costs, reasonable attorneys' fees, advances to preserve the
10property, and other costs related to the enforcement of this
11subsection, plus statutory interest, are a lien on the real
12estate and are recoverable by the county from the owner or
13owners of the real estate. If the court denies the petition,
14the county may enforce the lien in a separate action as
15provided in subsection (a).
16    All persons designated in Section 15-1501 of the Code of
17Civil Procedure as necessary parties in a mortgage foreclosure
18action shall be joined as parties before issuance of an order
19of foreclosure. Persons designated in Section 15-1501 of the
20Code of Civil Procedure as permissible parties may also be
21joined as parties in the action.
22    The provisions of Article XV of the Code of Civil
23Procedure applicable to mortgage foreclosures shall apply to
24the foreclosure of a lien under this subsection (b), except to
25the extent that those provisions are inconsistent with this
26subsection. For purposes of foreclosures of liens under this

 

 

SB1721 Enrolled- 9 -LRB102 14259 AWJ 19611 b

1subsection, however, the redemption period described in
2subsection (b) of Section 15-1603 of the Code of Civil
3Procedure shall end 60 days after the date of entry of the
4order of foreclosure.
5    (c) In addition to any other remedy provided by law, the
6county board of any county may petition the circuit court to
7have property declared abandoned under this subsection (c) if:
8        (1) the property has been tax delinquent for 2 or more
9    years or bills for water service for the property have
10    been outstanding for 2 or more years;
11        (2) the property is unoccupied by persons legally in
12    possession; and
13        (3) the property's condition impairs public health,
14    safety, or welfare for reasons specified in the petition
15    property contains a dangerous or unsafe building.
16    All persons having an interest of record in the property,
17including tax purchasers and beneficial owners of any Illinois
18land trust having title to the property, shall be named as
19defendants in the petition and shall be served with process.
20In addition, service shall be had under Section 2-206 of the
21Code of Civil Procedure as in other cases affecting property,
22including publication in a newspaper that is in circulation in
23the county in which the action is pending. At least 30 days
24prior to any declaration of abandonment, the county or its
25agent shall post a notice not less than 1 foot by 1 foot in
26size on the front of the subject building or property. The

 

 

SB1721 Enrolled- 10 -LRB102 14259 AWJ 19611 b

1notice shall be dated as of the date of the posting and state
2that the county is seeking a declaration of abandonment for
3the property. The notice shall also include the case number
4for the underlying circuit court petition filed pursuant to
5this subsection and a notification that the owner should file
6an appearance in the matter if the property is not abandoned.
7    The county, however, may proceed under this subsection in
8a proceeding brought under subsection (a). Notice of the
9petition shall be served by certified or registered mail on
10all persons who were served notice under subsection (a).
11    If the county proves that the conditions described in this
12subsection exist and the owner of record of the property does
13not enter an appearance in the action, or, if title to the
14property is held by an Illinois land trust, if neither the
15owner of record nor the owner of the beneficial interest of the
16trust enters an appearance, the court shall declare the
17property abandoned.
18    If that determination is made, notice shall be sent by
19certified or registered mail to all persons having an interest
20of record in the property, including tax purchasers and
21beneficial owners of any Illinois land trust having title to
22the property, stating that title to the property will be
23transferred to the county unless, within 30 days of the
24notice, the owner of record enters an appearance in the
25action, or unless any other person having an interest in the
26property files with the court a request to demolish any or all

 

 

SB1721 Enrolled- 11 -LRB102 14259 AWJ 19611 b

1the dangerous or unsafe buildings building or to put the
2property building in safe condition.
3    If the owner of record enters an appearance in the action
4within the 30 day period, the court shall vacate its order
5declaring the property abandoned. In that case, the county may
6amend its complaint in order to initiate proceedings under
7subsection (a).
8    If a request to demolish any or all dangerous or unsafe
9buildings or to otherwise put the property in safe condition
10or repair the building is filed within the 30 day period, the
11court shall grant permission to the requesting party to
12demolish the building within 30 days or to restore the
13property building to safe condition within 60 days after the
14request is granted. An extension of that period for up to 60
15additional days may be given for good cause. If more than one
16person with an interest in the property files a timely
17request, preference shall be given to the person with the lien
18or other interest of the highest priority.
19    If the requesting party proves to the court that the
20building has been demolished or put in a safe condition within
21the period of time granted by the court, the court shall issue
22a quitclaim judicial deed for the property to the requesting
23party, conveying only the interest of the owner of record,
24upon proof of payment to the county of all costs incurred by
25the county in connection with the action, including but not
26limited to court costs, attorney's fees, administrative costs,

 

 

SB1721 Enrolled- 12 -LRB102 14259 AWJ 19611 b

1the costs, if any, associated with property maintenance
2building enclosure or removal, and receiver's certificates.
3The interest in the property so conveyed shall be subject to
4all liens and encumbrances on the property. In addition, if
5the interest is conveyed to a person holding a certificate of
6purchase for the property under the Property Tax Code, the
7conveyance shall be subject to the rights of redemption of all
8persons entitled to redeem under that Act, including the
9original owner of record.
10    If no person with an interest in the property files a
11timely request or if the requesting party fails to demolish
12the building or put the property building in safe condition
13within the time specified by the court, the county may
14petition the court to issue a judicial deed for the property to
15the county or another governmental body designated by the
16county in the petition. A conveyance by judicial deed shall
17operate to extinguish all existing ownership interests in,
18liens on, and other interest in the property, including tax
19liens.
20    (d) Each county may use the provisions of this subsection
21to expedite the removal of certain buildings that are a
22continuing hazard to the community in which they are located.
23    If the official designated to be in charge of enforcing
24the county's building code determines that a building is open
25and vacant and an immediate and continuing hazard to the
26community in which the building is located, then the official

 

 

SB1721 Enrolled- 13 -LRB102 14259 AWJ 19611 b

1shall be authorized to post a notice not less than 2 feet by 2
2feet in size on the front of the building. The notice shall be
3dated as of the date of the posting and shall state that unless
4the building is demolished, repaired, or enclosed, and unless
5any garbage, debris, and other hazardous, noxious, or
6unhealthy substances or materials are removed so that an
7immediate and continuing hazard to the community no longer
8exists, then the building may be demolished, repaired, or
9enclosed, or any garbage, debris, and other hazardous,
10noxious, or unhealthy substances or materials may be removed,
11by the county.
12    Not later than 30 days following the posting of the
13notice, the county shall do both of the following:
14        (1) Cause to be sent, by certified mail, return
15    receipt requested, a notice to all owners of record of the
16    property, the beneficial owners of any Illinois land trust
17    having title to the property, and all lienholders of
18    record in the property, stating the intent of the county
19    to demolish, repair, or enclose the building or remove any
20    garbage, debris, or other hazardous, noxious, or unhealthy
21    substances or materials if that action is not taken by the
22    owner or owners.
23        (2) Cause to be published, in a newspaper published or
24    circulated in the county where the building is located, a
25    notice setting forth (i) the permanent tax index number
26    and the address of the building, (ii) a statement that the

 

 

SB1721 Enrolled- 14 -LRB102 14259 AWJ 19611 b

1    property is open and vacant and constitutes an immediate
2    and continuing hazard to the community, and (iii) a
3    statement that the county intends to demolish, repair, or
4    enclose the building or remove any garbage, debris, or
5    other hazardous, noxious, or unhealthy substances or
6    materials if the owner or owners or lienholders of record
7    fail to do so. This notice shall be published for 3
8    consecutive days.
9    A person objecting to the proposed actions of the county
10board may file his or her objection in an appropriate form in a
11court of competent jurisdiction.
12    If the building is not demolished, repaired, or enclosed,
13or the garbage, debris, or other hazardous, noxious, or
14unhealthy substances or materials are not removed, within 30
15days of mailing the notice to the owners of record, the
16beneficial owners of any Illinois land trust having title to
17the property, and all lienholders of record in the property,
18or within 30 days of the last day of publication of the notice,
19whichever is later, the county board shall have the power to
20demolish, repair, or enclose the building or to remove any
21garbage, debris, or other hazardous, noxious, or unhealthy
22substances or materials.
23    The county may proceed to demolish, repair, or enclose a
24building or remove any garbage, debris, or other hazardous,
25noxious, or unhealthy substances or materials under this
26subsection within a 120-day period following the date of the

 

 

SB1721 Enrolled- 15 -LRB102 14259 AWJ 19611 b

1mailing of the notice if the appropriate official determines
2that the demolition, repair, enclosure, or removal of any
3garbage, debris, or other hazardous, noxious, or unhealthy
4substances or materials is necessary to remedy the immediate
5and continuing hazard. If, however, before the county proceeds
6with any of the actions authorized by this subsection, any
7person has sought a hearing under this subsection before a
8court and has served a copy of the complaint on the chief
9executive officer of the county, then the county shall not
10proceed with the demolition, repair, enclosure, or removal of
11garbage, debris, or other substances until the court
12determines that that action is necessary to remedy the hazard
13and issues an order authorizing the county to do so.
14    Following the demolition, repair, or enclosure of a
15building, or the removal of garbage, debris, or other
16hazardous, noxious, or unhealthy substances or materials under
17this subsection, the county may file a notice of lien against
18the real estate for the cost of the demolition, repair,
19enclosure, or removal within 180 days after the repair,
20demolition, enclosure, or removal occurred, for the cost and
21expense incurred, in the office of the recorder in the county
22in which the real estate is located or in the office of the
23registrar of titles of the county if the real estate affected
24is registered under the Registered Titles (Torrens) Act. The
25notice of lien shall consist of a sworn statement setting
26forth (i) a description of the real estate, such as the address

 

 

SB1721 Enrolled- 16 -LRB102 14259 AWJ 19611 b

1or other description of the property, sufficient for its
2identification; (ii) the expenses incurred by the county in
3undertaking the remedial actions authorized under this
4subsection; (iii) the date or dates the expenses were incurred
5by the county; (iv) a statement by the official responsible
6for enforcing the building code that the building was open and
7vacant and constituted an immediate and continuing hazard to
8the community; (v) a statement by the official that the
9required sign was posted on the building, that notice was sent
10by certified mail to the owners of record, and that notice was
11published in accordance with this subsection; and (vi) a
12statement as to when and where the notice was published. The
13lien authorized by this subsection may thereafter be released
14or enforced by the county as provided in subsection (a).
15    (e) In any case where a county has obtained a lien under
16subsection (a), the county may also bring an action for a money
17judgment against the owner or owners of the real estate in the
18amount of the lien in the same manner as provided for bringing
19causes of action in Article II of the Code of Civil Procedure
20and, upon obtaining a judgment, file a judgment lien against
21all of the real estate of the owner or owners and enforce that
22lien as provided for in Article XII of the Code of Civil
23Procedure.
24    (f) In addition to any other remedy provided by law, if a
25county finds that within a residential property of 1 acre or
26less there is an accumulation or concentration of: garbage;

 

 

SB1721 Enrolled- 17 -LRB102 14259 AWJ 19611 b

1organic materials in an active state of decomposition
2including, but not limited to, carcasses, food waste, or other
3spoiled or rotting materials; human or animal waste; debris;
4or other hazardous, noxious, or unhealthy substances or
5materials, which present an immediate threat to the public
6health or safety or the health and safety of the occupants of
7the property, the county may, without any administrative
8procedure to bond, petition the court for immediate injunctive
9relief to abate or cause the abatement of the condition that is
10causing the threat to health or safety, including an order
11causing the removal of any unhealthy or unsafe accumulations
12or concentrations of the material or items listed in this
13subsection from the structure or property. The county shall
14file with the circuit court in which the property is located a
15petition for an order authorizing the abatement of the
16condition that is causing the threat to health or safety. A
17hearing on the petition shall be set within 5 days, not
18including weekends or holidays, from the date of filing. To
19provide notice of such hearing, the county shall make every
20effort to serve the property's owners of record with the
21petition and summons and, if such service cannot be had, shall
22provide an affidavit to the court at the hearing showing the
23service could not be had and the efforts taken to locate and
24serve the owners of record. The county shall also post a sign
25at the property notifying all persons of the court proceeding.
26Following the abatement actions, the county may file a notice

 

 

SB1721 Enrolled- 18 -LRB102 14259 AWJ 19611 b

1of lien for the cost and expense of actions taken under this
2subsection as provided in subsection (a).
3(Source: P.A. 101-200, eff. 1-1-20.)
 
4    Section 15. The Illinois Municipal Code is amended by
5changing Section 11-31-1 as follows:
 
6    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
7    Sec. 11-31-1. Demolition, repair, enclosure, or
8remediation.
9    (a) The corporate authorities of each municipality may
10demolish, repair, or enclose or cause the demolition, repair,
11or enclosure of dangerous and unsafe buildings or uncompleted
12and abandoned buildings within the territory of the
13municipality and may remove or cause the removal of garbage,
14debris, and other hazardous, noxious, or unhealthy substances
15or materials from those buildings. In any county having
16adopted by referendum or otherwise a county health department
17as provided by Division 5-25 of the Counties Code or its
18predecessor, the county board of that county may exercise
19those powers with regard to dangerous and unsafe buildings or
20uncompleted and abandoned buildings within the territory of
21any city, village, or incorporated town having less than
2250,000 population.
23    The corporate authorities shall apply to the circuit court
24of the county in which the building is located (i) for an order

 

 

SB1721 Enrolled- 19 -LRB102 14259 AWJ 19611 b

1authorizing action to be taken with respect to a building if
2the owner or owners of the building, including the lien
3holders of record, after at least 15 days' written notice by
4mail so to do, have failed to put the building in a safe
5condition or to demolish it or (ii) for an order requiring the
6owner or owners of record to demolish, repair, or enclose the
7building or to remove garbage, debris, and other hazardous,
8noxious, or unhealthy substances or materials from the
9building. It is not a defense to the cause of action that the
10building is boarded up or otherwise enclosed, although the
11court may order the defendant to have the building boarded up
12or otherwise enclosed. Where, upon diligent search, the
13identity or whereabouts of the owner or owners of the
14building, including the lien holders of record, is not
15ascertainable, notice mailed to the person or persons in whose
16name the real estate was last assessed is sufficient notice
17under this Section.
18    The hearing upon the application to the circuit court
19shall be expedited by the court and shall be given precedence
20over all other suits. Any person entitled to bring an action
21under subsection (b) shall have the right to intervene in an
22action brought under this Section.
23    The cost of the demolition, repair, enclosure, or removal
24incurred by the municipality, by an intervenor, or by a lien
25holder of record, including court costs, attorney's fees, and
26other costs related to the enforcement of this Section, is

 

 

SB1721 Enrolled- 20 -LRB102 14259 AWJ 19611 b

1recoverable from the owner or owners of the real estate or the
2previous owner or both if the property was transferred during
3the 15 day notice period and is a lien on the real estate; the
4lien is superior to all prior existing liens and encumbrances,
5except taxes, if, within 180 days after the repair,
6demolition, enclosure, or removal, the municipality, the lien
7holder of record, or the intervenor who incurred the cost and
8expense shall file a notice of lien for the cost and expense
9incurred in the office of the recorder in the county in which
10the real estate is located or in the office of the registrar of
11titles of the county if the real estate affected is registered
12under the Registered Titles (Torrens) Act.
13    The notice must consist of a sworn statement setting out
14(1) a description of the real estate sufficient for its
15identification, (2) the amount of money representing the cost
16and expense incurred, and (3) the date or dates when the cost
17and expense was incurred by the municipality, the lien holder
18of record, or the intervenor. Upon payment of the cost and
19expense by the owner of or persons interested in the property
20after the notice of lien has been filed, the lien shall be
21released by the municipality, the person in whose name the
22lien has been filed, or the assignee of the lien, and the
23release may be filed of record as in the case of filing notice
24of lien. Unless the lien is enforced under subsection (c), the
25lien may be enforced by foreclosure proceedings as in the case
26of mortgage foreclosures under Article XV of the Code of Civil

 

 

SB1721 Enrolled- 21 -LRB102 14259 AWJ 19611 b

1Procedure or mechanics' lien foreclosures. An action to
2foreclose this lien may be commenced at any time after the date
3of filing of the notice of lien. The costs of foreclosure
4incurred by the municipality, including court costs,
5reasonable attorney's fees, advances to preserve the property,
6and other costs related to the enforcement of this subsection,
7plus statutory interest, are a lien on the real estate and are
8recoverable by the municipality from the owner or owners of
9the real estate.
10    All liens arising under this subsection (a) shall be
11assignable. The assignee of the lien shall have the same power
12to enforce the lien as the assigning party, except that the
13lien may not be enforced under subsection (c).
14    If the appropriate official of any municipality determines
15that any dangerous and unsafe building or uncompleted and
16abandoned building within its territory fulfills the
17requirements for an action by the municipality under the
18Abandoned Housing Rehabilitation Act, the municipality may
19petition under that Act in a proceeding brought under this
20subsection.
21    (b) Any owner or tenant of real property within 1200 feet
22in any direction of any dangerous or unsafe building located
23within the territory of a municipality with a population of
24500,000 or more may file with the appropriate municipal
25authority a request that the municipality apply to the circuit
26court of the county in which the building is located for an

 

 

SB1721 Enrolled- 22 -LRB102 14259 AWJ 19611 b

1order permitting the demolition, removal of garbage, debris,
2and other noxious or unhealthy substances and materials from,
3or repair or enclosure of the building in the manner
4prescribed in subsection (a) of this Section. If the
5municipality fails to institute an action in circuit court
6within 90 days after the filing of the request, the owner or
7tenant of real property within 1200 feet in any direction of
8the building may institute an action in circuit court seeking
9an order compelling the owner or owners of record to demolish,
10remove garbage, debris, and other noxious or unhealthy
11substances and materials from, repair or enclose or to cause
12to be demolished, have garbage, debris, and other noxious or
13unhealthy substances and materials removed from, repaired, or
14enclosed the building in question. A private owner or tenant
15who institutes an action under the preceding sentence shall
16not be required to pay any fee to the clerk of the circuit
17court. The cost of repair, removal, demolition, or enclosure
18shall be borne by the owner or owners of record of the
19building. In the event the owner or owners of record fail to
20demolish, remove garbage, debris, and other noxious or
21unhealthy substances and materials from, repair, or enclose
22the building within 90 days of the date the court entered its
23order, the owner or tenant who instituted the action may
24request that the court join the municipality as a party to the
25action. The court may order the municipality to demolish,
26remove materials from, repair, or enclose the building, or

 

 

SB1721 Enrolled- 23 -LRB102 14259 AWJ 19611 b

1cause that action to be taken upon the request of any owner or
2tenant who instituted the action or upon the municipality's
3request. The municipality may file, and the court may approve,
4a plan for rehabilitating the building in question. A court
5order authorizing the municipality to demolish, remove
6materials from, repair, or enclose a building, or cause that
7action to be taken, shall not preclude the court from
8adjudging the owner or owners of record of the building in
9contempt of court due to the failure to comply with the order
10to demolish, remove garbage, debris, and other noxious or
11unhealthy substances and materials from, repair, or enclose
12the building.
13    If a municipality or a person or persons other than the
14owner or owners of record pay the cost of demolition, removal
15of garbage, debris, and other noxious or unhealthy substances
16and materials, repair, or enclosure pursuant to a court order,
17the cost, including court costs, attorney's fees, and other
18costs related to the enforcement of this subsection, is
19recoverable from the owner or owners of the real estate and is
20a lien on the real estate; the lien is superior to all prior
21existing liens and encumbrances, except taxes, if, within 180
22days after the repair, removal, demolition, or enclosure, the
23municipality or the person or persons who paid the costs of
24demolition, removal, repair, or enclosure shall file a notice
25of lien of the cost and expense incurred in the office of the
26recorder in the county in which the real estate is located or

 

 

SB1721 Enrolled- 24 -LRB102 14259 AWJ 19611 b

1in the office of the registrar of the county if the real estate
2affected is registered under the Registered Titles (Torrens)
3Act. The notice shall be in a form as is provided in subsection
4(a). An owner or tenant who institutes an action in circuit
5court seeking an order to compel the owner or owners of record
6to demolish, remove materials from, repair, or enclose any
7dangerous or unsafe building, or to cause that action to be
8taken under this subsection may recover court costs and
9reasonable attorney's fees for instituting the action from the
10owner or owners of record of the building. Upon payment of the
11costs and expenses by the owner of or a person interested in
12the property after the notice of lien has been filed, the lien
13shall be released by the municipality or the person in whose
14name the lien has been filed or his or her assignee, and the
15release may be filed of record as in the case of filing a
16notice of lien. Unless the lien is enforced under subsection
17(c), the lien may be enforced by foreclosure proceedings as in
18the case of mortgage foreclosures under Article XV of the Code
19of Civil Procedure or mechanics' lien foreclosures. An action
20to foreclose this lien may be commenced at any time after the
21date of filing of the notice of lien. The costs of foreclosure
22incurred by the municipality, including court costs,
23reasonable attorneys' fees, advances to preserve the property,
24and other costs related to the enforcement of this subsection,
25plus statutory interest, are a lien on the real estate and are
26recoverable by the municipality from the owner or owners of

 

 

SB1721 Enrolled- 25 -LRB102 14259 AWJ 19611 b

1the real estate.
2    All liens arising under the terms of this subsection (b)
3shall be assignable. The assignee of the lien shall have the
4same power to enforce the lien as the assigning party, except
5that the lien may not be enforced under subsection (c).
6    (c) In any case where a municipality has obtained a lien
7under subsection (a), (b), or (f), the municipality may
8enforce the lien under this subsection (c) in the same
9proceeding in which the lien is authorized.
10    A municipality desiring to enforce a lien under this
11subsection (c) shall petition the court to retain jurisdiction
12for foreclosure proceedings under this subsection. Notice of
13the petition shall be served, by certified or registered mail,
14on all persons who were served notice under subsection (a),
15(b), or (f). The court shall conduct a hearing on the petition
16not less than 15 days after the notice is served. If the court
17determines that the requirements of this subsection (c) have
18been satisfied, it shall grant the petition and retain
19jurisdiction over the matter until the foreclosure proceeding
20is completed. The costs of foreclosure incurred by the
21municipality, including court costs, reasonable attorneys'
22fees, advances to preserve the property, and other costs
23related to the enforcement of this subsection, plus statutory
24interest, are a lien on the real estate and are recoverable by
25the municipality from the owner or owners of the real estate.
26If the court denies the petition, the municipality may enforce

 

 

SB1721 Enrolled- 26 -LRB102 14259 AWJ 19611 b

1the lien in a separate action as provided in subsection (a),
2(b), or (f).
3    All persons designated in Section 15-1501 of the Code of
4Civil Procedure as necessary parties in a mortgage foreclosure
5action shall be joined as parties before issuance of an order
6of foreclosure. Persons designated in Section 15-1501 of the
7Code of Civil Procedure as permissible parties may also be
8joined as parties in the action.
9    The provisions of Article XV of the Code of Civil
10Procedure applicable to mortgage foreclosures shall apply to
11the foreclosure of a lien under this subsection (c), except to
12the extent that those provisions are inconsistent with this
13subsection. For purposes of foreclosures of liens under this
14subsection, however, the redemption period described in
15subsection (b) of Section 15-1603 of the Code of Civil
16Procedure shall end 60 days after the date of entry of the
17order of foreclosure.
18    (d) In addition to any other remedy provided by law, the
19corporate authorities of any municipality may petition the
20circuit court to have property declared abandoned under this
21subsection (d) if:
22        (1) the property has been tax delinquent for 2 or more
23    years or bills for water service for the property have
24    been outstanding for 2 or more years;
25        (2) the property is unoccupied by persons legally in
26    possession; and

 

 

SB1721 Enrolled- 27 -LRB102 14259 AWJ 19611 b

1        (3) the property's condition impairs public health,
2    safety, or welfare property contains a dangerous or unsafe
3    building for reasons specified in the petition.
4    All persons having an interest of record in the property,
5including tax purchasers and beneficial owners of any Illinois
6land trust having title to the property, shall be named as
7defendants in the petition and shall be served with process.
8In addition, service shall be had under Section 2-206 of the
9Code of Civil Procedure as in other cases affecting property,
10including publication in a newspaper that is in circulation in
11the county in which the action is pending. At least 30 days
12prior to any declaration of abandonment, the municipality or
13its agent shall post a notice not less than 1 foot by 1 foot in
14size on the front of the subject building or property. The
15notice shall be dated as of the date of the posting and state
16that the municipality is seeking a declaration of abandonment
17for the property. The notice shall also include the case
18number for the underlying circuit court petition filed
19pursuant to this subsection and a notification that the owner
20should file an appearance in the matter if the property is not
21abandoned.
22    The municipality, however, may proceed under this
23subsection in a proceeding brought under subsection (a) or
24(b). Notice of the petition shall be served in person or by
25certified or registered mail on all persons who were served
26notice under subsection (a) or (b).

 

 

SB1721 Enrolled- 28 -LRB102 14259 AWJ 19611 b

1    If the municipality proves that the conditions described
2in this subsection exist and (i) the owner of record of the
3property does not enter an appearance in the action, or, if
4title to the property is held by an Illinois land trust, if
5neither the owner of record nor the owner of the beneficial
6interest of the trust enters an appearance, or (ii) if the
7owner of record or the beneficiary of a land trust, if title to
8the property is held by an Illinois land trust, enters an
9appearance and specifically waives his or her rights under
10this subsection (d), the court shall declare the property
11abandoned. Notwithstanding any waiver, the municipality may
12move to dismiss its petition at any time. In addition, any
13waiver in a proceeding under this subsection (d) does not
14serve as a waiver for any other proceeding under law or equity.
15    If that determination is made, notice shall be sent in
16person or by certified or registered mail to all persons
17having an interest of record in the property, including tax
18purchasers and beneficial owners of any Illinois land trust
19having title to the property, stating that title to the
20property will be transferred to the municipality unless,
21within 30 days of the notice, the owner of record or any other
22person having an interest in the property files with the court
23a request to demolish any or all the dangerous or unsafe
24buildings building or to put the building in safe condition,
25or unless the owner of record enters an appearance and proves
26that the owner does not intend to abandon the property.

 

 

SB1721 Enrolled- 29 -LRB102 14259 AWJ 19611 b

1    If the owner of record enters an appearance in the action
2within the 30 day period, but does not at that time file with
3the court a request to demolish the dangerous or unsafe
4building or to put the property building in safe condition, or
5specifically waive his or her rights under this subsection
6(d), the court shall vacate its order declaring the property
7abandoned if it determines that the owner of record does not
8intend to abandon the property. In that case, the municipality
9may amend its complaint in order to initiate proceedings under
10subsection (a), or it may request that the court order the
11owner to demolish buildings the building or repair the
12dangerous or unsafe conditions of the property building
13alleged in the petition or seek the appointment of a receiver
14or other equitable relief to correct the conditions at the
15property. The powers and rights of a receiver appointed under
16this subsection (d) shall include all of the powers and rights
17of a receiver appointed under Section 11-31-2 of this Code.
18    If a request to demolish or repair a the building or
19property is filed within the 30 day period, the court shall
20grant permission to the requesting party to demolish the
21building or repair the property within 30 days or to restore
22the building to safe condition within 60 days after the
23request is granted. An extension of that period for up to 60
24additional days may be given for good cause. If more than one
25person with an interest in the property files a timely
26request, preference shall be given to the owner of record if

 

 

SB1721 Enrolled- 30 -LRB102 14259 AWJ 19611 b

1the owner filed a request or, if the owner did not, the person
2with the lien or other interest of the highest priority.
3    If the requesting party (other than the owner of record)
4proves to the court that the building has been demolished or
5put in a safe condition in accordance with the local safety
6codes within the period of time granted by the court, the court
7shall issue a quitclaim judicial deed for the property to the
8requesting party, conveying only the interest of the owner of
9record, upon proof of payment to the municipality of all costs
10incurred by the municipality in connection with the action,
11including but not limited to court costs, attorney's fees,
12administrative costs, the costs, if any, associated with
13property maintenance building enclosure or removal, and
14receiver's certificates. The interest in the property so
15conveyed shall be subject to all liens and encumbrances on the
16property. In addition, if the interest is conveyed to a person
17holding a certificate of purchase for the property under the
18Property Tax Code, the conveyance shall be subject to the
19rights of redemption of all persons entitled to redeem under
20that Act, including the original owner of record. If the
21requesting party is the owner of record and proves to the court
22that the building has been demolished or put in a safe
23condition in accordance with the local safety codes within the
24period of time granted by the court, the court shall dismiss
25the proceeding under this subsection (d).
26    If the owner of record has not entered an appearance and

 

 

SB1721 Enrolled- 31 -LRB102 14259 AWJ 19611 b

1proven that the owner did not intend to abandon the property,
2and if no person with an interest in the property files a
3timely request or if the requesting party fails to demolish
4the building or put the property building in safe condition
5within the time specified by the court, the municipality may
6petition the court to issue a judicial deed for the property to
7the municipality or another governmental body designated by
8the municipality in the petition. A conveyance by judicial
9deed shall operate to extinguish all existing ownership
10interests in, liens on, and other interest in the property,
11including tax liens, and shall extinguish the rights and
12interests of any and all holders of a bona fide certificate of
13purchase of the property for delinquent taxes. Any such bona
14fide certificate of purchase holder shall be entitled to a
15sale in error as prescribed under Section 21-310 of the
16Property Tax Code.
17    (e) Each municipality may use the provisions of this
18subsection to expedite the removal of certain buildings that
19are a continuing hazard to the community in which they are
20located.
21    If a residential or commercial building is 3 stories or
22less in height as defined by the municipality's building code,
23and the corporate official designated to be in charge of
24enforcing the municipality's building code determines that the
25building is open and vacant and an immediate and continuing
26hazard to the community in which the building is located, then

 

 

SB1721 Enrolled- 32 -LRB102 14259 AWJ 19611 b

1the official shall be authorized to post a notice not less than
22 feet by 2 feet in size on the front of the building. The
3notice shall be dated as of the date of the posting and shall
4state that unless the building is demolished, repaired, or
5enclosed, and unless any garbage, debris, and other hazardous,
6noxious, or unhealthy substances or materials are removed so
7that an immediate and continuing hazard to the community no
8longer exists, then the building may be demolished, repaired,
9or enclosed, or any garbage, debris, and other hazardous,
10noxious, or unhealthy substances or materials may be removed,
11by the municipality.
12    Not later than 30 days following the posting of the
13notice, the municipality shall do all of the following:
14        (1) Cause to be sent, by certified mail, return
15    receipt requested, a Notice to Remediate to all owners of
16    record of the property, the beneficial owners of any
17    Illinois land trust having title to the property, and all
18    lienholders of record in the property, stating the intent
19    of the municipality to demolish, repair, or enclose the
20    building or remove any garbage, debris, or other
21    hazardous, noxious, or unhealthy substances or materials
22    if that action is not taken by the owner or owners.
23        (2) Cause to be published, in a newspaper published or
24    circulated in the municipality where the building is
25    located, a notice setting forth (i) the permanent tax
26    index number and the address of the building, (ii) a

 

 

SB1721 Enrolled- 33 -LRB102 14259 AWJ 19611 b

1    statement that the property is open and vacant and
2    constitutes an immediate and continuing hazard to the
3    community, and (iii) a statement that the municipality
4    intends to demolish, repair, or enclose the building or
5    remove any garbage, debris, or other hazardous, noxious,
6    or unhealthy substances or materials if the owner or
7    owners or lienholders of record fail to do so. This notice
8    shall be published for 3 consecutive days.
9        (3) Cause to be recorded the Notice to Remediate
10    mailed under paragraph (1) in the office of the recorder
11    in the county in which the real estate is located or in the
12    office of the registrar of titles of the county if the real
13    estate is registered under the Registered Title (Torrens)
14    Act.
15    Any person or persons with a current legal or equitable
16interest in the property objecting to the proposed actions of
17the corporate authorities may file his or her objection in an
18appropriate form in a court of competent jurisdiction.
19    If the building is not demolished, repaired, or enclosed,
20or the garbage, debris, or other hazardous, noxious, or
21unhealthy substances or materials are not removed, within 30
22days of mailing the notice to the owners of record, the
23beneficial owners of any Illinois land trust having title to
24the property, and all lienholders of record in the property,
25or within 30 days of the last day of publication of the notice,
26whichever is later, the corporate authorities shall have the

 

 

SB1721 Enrolled- 34 -LRB102 14259 AWJ 19611 b

1power to demolish, repair, or enclose the building or to
2remove any garbage, debris, or other hazardous, noxious, or
3unhealthy substances or materials.
4    The municipality may proceed to demolish, repair, or
5enclose a building or remove any garbage, debris, or other
6hazardous, noxious, or unhealthy substances or materials under
7this subsection within a 120-day period following the date of
8the mailing of the notice if the appropriate official
9determines that the demolition, repair, enclosure, or removal
10of any garbage, debris, or other hazardous, noxious, or
11unhealthy substances or materials is necessary to remedy the
12immediate and continuing hazard. If, however, before the
13municipality proceeds with any of the actions authorized by
14this subsection, any person with a legal or equitable interest
15in the property has sought a hearing under this subsection
16before a court and has served a copy of the complaint on the
17chief executive officer of the municipality, then the
18municipality shall not proceed with the demolition, repair,
19enclosure, or removal of garbage, debris, or other substances
20until the court determines that that action is necessary to
21remedy the hazard and issues an order authorizing the
22municipality to do so. If the court dismisses the action for
23want of prosecution, the municipality must send the objector a
24copy of the dismissal order and a letter stating that the
25demolition, repair, enclosure, or removal of garbage, debris,
26or other substances will proceed unless, within 30 days after

 

 

SB1721 Enrolled- 35 -LRB102 14259 AWJ 19611 b

1the copy of the order and the letter are mailed, the objector
2moves to vacate the dismissal and serves a copy of the motion
3on the chief executive officer of the municipality.
4Notwithstanding any other law to the contrary, if the objector
5does not file a motion and give the required notice, if the
6motion is denied by the court, or if the action is again
7dismissed for want of prosecution, then the dismissal is with
8prejudice and the demolition, repair, enclosure, or removal
9may proceed forthwith.
10    Following the demolition, repair, or enclosure of a
11building, or the removal of garbage, debris, or other
12hazardous, noxious, or unhealthy substances or materials under
13this subsection, the municipality may file a notice of lien
14against the real estate for the cost of the demolition,
15repair, enclosure, or removal within 180 days after the
16repair, demolition, enclosure, or removal occurred, for the
17cost and expense incurred, in the office of the recorder in the
18county in which the real estate is located or in the office of
19the registrar of titles of the county if the real estate
20affected is registered under the Registered Titles (Torrens)
21Act; this lien has priority over the interests of those
22parties named in the Notice to Remediate mailed under
23paragraph (1), but not over the interests of third party
24purchasers or encumbrancers for value who obtained their
25interests in the property before obtaining actual or
26constructive notice of the lien. The notice of lien shall

 

 

SB1721 Enrolled- 36 -LRB102 14259 AWJ 19611 b

1consist of a sworn statement setting forth (i) a description
2of the real estate, such as the address or other description of
3the property, sufficient for its identification; (ii) the
4expenses incurred by the municipality in undertaking the
5remedial actions authorized under this subsection; (iii) the
6date or dates the expenses were incurred by the municipality;
7(iv) a statement by the corporate official responsible for
8enforcing the building code that the building was open and
9vacant and constituted an immediate and continuing hazard to
10the community; (v) a statement by the corporate official that
11the required sign was posted on the building, that notice was
12sent by certified mail to the owners of record, and that notice
13was published in accordance with this subsection; and (vi) a
14statement as to when and where the notice was published. The
15lien authorized by this subsection may thereafter be released
16or enforced by the municipality as provided in subsection (a).
17    (f) The corporate authorities of each municipality may
18remove or cause the removal of, or otherwise environmentally
19remediate hazardous substances and petroleum products on, in,
20or under any abandoned and unsafe property within the
21territory of a municipality. In addition, where preliminary
22evidence indicates the presence or likely presence of a
23hazardous substance or a petroleum product or a release or a
24substantial threat of a release of a hazardous substance or a
25petroleum product on, in, or under the property, the corporate
26authorities of the municipality may inspect the property and

 

 

SB1721 Enrolled- 37 -LRB102 14259 AWJ 19611 b

1test for the presence or release of hazardous substances and
2petroleum products. In any county having adopted by referendum
3or otherwise a county health department as provided by
4Division 5-25 of the Counties Code or its predecessor, the
5county board of that county may exercise the above-described
6powers with regard to property within the territory of any
7city, village, or incorporated town having less than 50,000
8population.
9    For purposes of this subsection (f):
10        (1) "property" or "real estate" means all real
11    property, whether or not improved by a structure;
12        (2) "abandoned" means;
13            (A) the property has been tax delinquent for 2 or
14        more years;
15            (B) the property is unoccupied by persons legally
16        in possession; and
17        (3) "unsafe" means property that presents an actual or
18    imminent threat to public health and safety caused by the
19    release of hazardous substances; and
20        (4) "hazardous substances" means the same as in
21    Section 3.215 of the Environmental Protection Act.
22    The corporate authorities shall apply to the circuit court
23of the county in which the property is located (i) for an order
24allowing the municipality to enter the property and inspect
25and test substances on, in, or under the property; or (ii) for
26an order authorizing the corporate authorities to take action

 

 

SB1721 Enrolled- 38 -LRB102 14259 AWJ 19611 b

1with respect to remediation of the property if conditions on
2the property, based on the inspection and testing authorized
3in paragraph (i), indicate the presence of hazardous
4substances or petroleum products. Remediation shall be deemed
5complete for purposes of paragraph (ii) above when the
6property satisfies Tier I, II, or III remediation objectives
7for the property's most recent usage, as established by the
8Environmental Protection Act, and the rules and regulations
9promulgated thereunder. Where, upon diligent search, the
10identity or whereabouts of the owner or owners of the
11property, including the lien holders of record, is not
12ascertainable, notice mailed to the person or persons in whose
13name the real estate was last assessed is sufficient notice
14under this Section.
15    The court shall grant an order authorizing testing under
16paragraph (i) above upon a showing of preliminary evidence
17indicating the presence or likely presence of a hazardous
18substance or a petroleum product or a release of or a
19substantial threat of a release of a hazardous substance or a
20petroleum product on, in, or under abandoned property. The
21preliminary evidence may include, but is not limited to,
22evidence of prior use, visual site inspection, or records of
23prior environmental investigations. The testing authorized by
24paragraph (i) above shall include any type of investigation
25which is necessary for an environmental professional to
26determine the environmental condition of the property,

 

 

SB1721 Enrolled- 39 -LRB102 14259 AWJ 19611 b

1including but not limited to performance of soil borings and
2groundwater monitoring. The court shall grant a remediation
3order under paragraph (ii) above where testing of the property
4indicates that it fails to meet the applicable remediation
5objectives. The hearing upon the application to the circuit
6court shall be expedited by the court and shall be given
7precedence over all other suits.
8    The cost of the inspection, testing, or remediation
9incurred by the municipality or by a lien holder of record,
10including court costs, attorney's fees, and other costs
11related to the enforcement of this Section, is a lien on the
12real estate; except that in any instances where a municipality
13incurs costs of inspection and testing but finds no hazardous
14substances or petroleum products on the property that present
15an actual or imminent threat to public health and safety, such
16costs are not recoverable from the owners nor are such costs a
17lien on the real estate. The lien is superior to all prior
18existing liens and encumbrances, except taxes and any lien
19obtained under subsection (a) or (e), if, within 180 days
20after the completion of the inspection, testing, or
21remediation, the municipality or the lien holder of record who
22incurred the cost and expense shall file a notice of lien for
23the cost and expense incurred in the office of the recorder in
24the county in which the real estate is located or in the office
25of the registrar of titles of the county if the real estate
26affected is registered under the Registered Titles (Torrens)

 

 

SB1721 Enrolled- 40 -LRB102 14259 AWJ 19611 b

1Act.
2    The notice must consist of a sworn statement setting out
3(i) a description of the real estate sufficient for its
4identification, (ii) the amount of money representing the cost
5and expense incurred, and (iii) the date or dates when the cost
6and expense was incurred by the municipality or the lien
7holder of record. Upon payment of the lien amount by the owner
8of or persons interested in the property after the notice of
9lien has been filed, a release of lien shall be issued by the
10municipality, the person in whose name the lien has been
11filed, or the assignee of the lien, and the release may be
12filed of record as in the case of filing notice of lien.
13    The lien may be enforced under subsection (c) or by
14foreclosure proceedings as in the case of mortgage
15foreclosures under Article XV of the Code of Civil Procedure
16or mechanics' lien foreclosures; provided that where the lien
17is enforced by foreclosure under subsection (c) or under
18either statute, the municipality may not proceed against the
19other assets of the owner or owners of the real estate for any
20costs that otherwise would be recoverable under this Section
21but that remain unsatisfied after foreclosure except where
22such additional recovery is authorized by separate
23environmental laws. An action to foreclose this lien may be
24commenced at any time after the date of filing of the notice of
25lien. The costs of foreclosure incurred by the municipality,
26including court costs, reasonable attorney's fees, advances to

 

 

SB1721 Enrolled- 41 -LRB102 14259 AWJ 19611 b

1preserve the property, and other costs related to the
2enforcement of this subsection, plus statutory interest, are a
3lien on the real estate.
4    All liens arising under this subsection (f) shall be
5assignable. The assignee of the lien shall have the same power
6to enforce the lien as the assigning party, except that the
7lien may not be enforced under subsection (c).
8    (g) In any case where a municipality has obtained a lien
9under subsection (a), the municipality may also bring an
10action for a money judgment against the owner or owners of the
11real estate in the amount of the lien in the same manner as
12provided for bringing causes of action in Article II of the
13Code of Civil Procedure and, upon obtaining a judgment, file a
14judgment lien against all of the real estate of the owner or
15owners and enforce that lien as provided for in Article XII of
16the Code of Civil Procedure.
17(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)