093_HB3395eng

 
HB3395 Engrossed                     LRB093 04046 MKM 11305 b

 1        AN ACT in relation to municipalities.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Illinois Municipal  Code  is  amended  by
 5    changing Section 11-20-8 as follows:

 6        (65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
 7        Sec.  11-20-8.  Pest  extermination; liens. The corporate
 8    authorities  of  each  municipality  may  provide   for   the
 9    extermination  of  pests rats in the municipality, and charge
10    to and collect from the owners of and persons  interested  in
11    private   property   the   reasonable  cost  and  expense  of
12    preventing ingress of pests rats to  their  property  and  of
13    pest  rat  extermination therein, after notice to such owners
14    or persons as provided by  ordinance  and  failures  of  such
15    owners  or persons to comply. This cost and expense is a lien
16    upon the real estate affected, superior to all other existing
17    liens and encumbrances, except tax liens if  within  60  days
18    after  such cost and expense is incurred the municipality, or
19    person  performing  the   service   by   authority   of   the
20    municipality, in his or its own name, files notice of lien in
21    the  office  of  the recorder in the county in which the real
22    estate is located or in the office of the Registrar of Titles
23    of such county if the  real  estate  affected  is  registered
24    under  "An Act concerning land titles", approved May 1, 1897,
25    as amended. The notice shall consist  of  a  sworn  statement
26    setting  out  (1) a description of the real estate sufficient
27    for  identification  thereof,  (2)  the   amount   of   money
28    representing the cost and expense incurred or payable for the
29    service, and (3) the date or dates when such cost and expense
30    was  incurred  by the municipality. However, the lien of such
31    municipality  shall  not  be  valid  as  to  any   purchaser,
 
HB3395 Engrossed            -2-      LRB093 04046 MKM 11305 b
 1    mortgagee, judgment creditor, or other lienor whose rights in
 2    and  to  the  real  estate  arise  subsequent to the pest rat
 3    extermination and prior to the filing of the notice  of  such
 4    lien  in  the office of the recorder, or in the office of the
 5    Registrar of Titles, as aforesaid. Upon payment of  the  cost
 6    and  expense  by  the  owner  of or persons interested in the
 7    property after notice of lien has been filed, the lien  shall
 8    be  released  by the municipality or person in whose name the
 9    lien has been filed and the release may be filed of record as
10    in the case of  filing  notice  of  lien.  The  lien  may  be
11    enforced  by proceedings to foreclose as in case of mortgages
12    or mechanics' liens. Actions to foreclose this lien shall  be
13    commenced  within one year after the date of filing notice of
14    lien.
15        "Pests",  as  used  in  this   Section   11-20-8,   means
16    undesirable  arthropods  (including certain insects, spiders,
17    mites,  ticks,  and  related   organisms),   wood   infesting
18    organisms,  rats,  mice,  birds,  and  any other obnoxious or
19    undesirable animals.
20    (Source: P.A. 83-358.)

21        Section 99.  Effective date.  This Act  takes  effect  on
22    January 1, 2004.