Full Text of HB1881 95th General Assembly
HB1881ham001 95TH GENERAL ASSEMBLY
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Local Government Committee
Filed: 3/21/2007
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09500HB1881ham001 |
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LRB095 03849 HLH 33782 a |
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| AMENDMENT TO HOUSE BILL 1881
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| AMENDMENT NO. ______. Amend House Bill 1881 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 11-20-7 and 11-20-12 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. The corporate authorities of each | 8 |
| municipality may provide
for the cutting of weeds or grass, the | 9 |
| trimming of trees or bushes, and the removal of nuisance bushes | 10 |
| or trees in the municipality, when the owners of real
estate | 11 |
| refuse or neglect to cut , trim, or remove them and to collect | 12 |
| from the owners of
private property the reasonable cost | 13 |
| thereof. This cost is a lien upon the
real estate affected, | 14 |
| superior to all other liens and encumbrances, except
tax liens; | 15 |
| provided that within 60 days after such cost and expense is
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| incurred the municipality, or person performing the service by |
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LRB095 03849 HLH 33782 a |
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| authority of
the municipality, in his or its own name, files | 2 |
| notice of lien in the
office of the recorder in the county in | 3 |
| which
such real estate is
located or in the office of the | 4 |
| Registrar of Titles of such county if the
real estate affected | 5 |
| is registered under the Torrens system. The notice
shall | 6 |
| consist of a sworn statement setting out (1) a description of | 7 |
| the
real estate sufficient for identification thereof, (2) the | 8 |
| amount of money
representing the cost and expense incurred or | 9 |
| payable for the service, and
(3) the date or dates when such | 10 |
| cost and expense was incurred by the
municipality. However, the | 11 |
| lien of such municipality shall not be valid as
to any | 12 |
| purchaser whose rights in and to such real estate have arisen
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| subsequent to the cutting of weeds or grass, the trimming of | 14 |
| trees or bushes, or the removal of nuisance bushes or trees
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| weed-cutting and prior to the filing of such notice, and
the | 16 |
| lien of such municipality shall not be valid as to any | 17 |
| mortgagee,
judgment creditor or other lienor whose rights in | 18 |
| and to such real estate
arise prior to the filing of such | 19 |
| notice. Upon payment of the cost and
expense by the owner of or | 20 |
| persons interested in such property after notice
of lien has | 21 |
| been filed, the lien shall be released by the municipality or
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| person in whose name the lien has been filed and the release | 23 |
| may be filed
of record as in the case of filing notice of lien.
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| The cost of the cutting , trimming, or removal of weeds , | 25 |
| grass, trees, or bushes shall not be lien on the real estate
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| 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 | 2 |
| the general taxes on the property
for the last preceding year. | 3 |
| The notice shall be delivered or sent
after the cutting , | 4 |
| trimming, or removal of weeds , grass, trees, or bushes on the | 5 |
| property. The notice shall
state the substance of this Section | 6 |
| and the substance of any ordinance of the
municipality | 7 |
| 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. 88-355.)
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| (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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| Sec. 11-20-12. The corporate authorities of each | 12 |
| municipality may provide for the
removal of elm trees infected | 13 |
| with Dutch elm disease or ash trees infected with the emerald | 14 |
| ash borer (Agrilus planipennis Fairmaire) from property not
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| owned by the municipality or dedicated for public use when the | 16 |
| owner of
such property refuses or neglects to remove any such | 17 |
| tree, and to collect
from the property owner the reasonable | 18 |
| cost thereof. This cost is a lien
upon the real estate | 19 |
| affected, superior to all other liens and
encumbrances, except | 20 |
| tax liens; provided that notice has been given as
hereinafter | 21 |
| described, and further provided that within 60 days after such
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| cost and expense is incurred the municipality, or person | 23 |
| performing the
service by authority of the municipality, in his | 24 |
| or its own name, files
notice of lien in the office of the | 25 |
| recorder in the county in
which such real estate is located or |
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| in the office of the Registrar of
Titles of such county if the | 2 |
| real estate affected is registered under "An
Act concerning | 3 |
| land titles", approved May 1, 1897, as amended. The notice
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| shall consist of a sworn statement setting out
(1) a | 5 |
| description of the real estate sufficient for identification | 6 |
| thereof,
(2) the amount of money representing the cost and | 7 |
| expense incurred or
payable for the service, and (3) the date | 8 |
| or dates when such cost and
expense was incurred by the | 9 |
| municipality. However, the lien of such
municipality shall not | 10 |
| be valid as to any purchaser whose rights in and to
such real | 11 |
| estate have arisen subsequent to the tree removal and prior to
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| the filing of such notice, and the lien of such municipality | 13 |
| shall not be
valid as to any mortgagee, judgment creditor or | 14 |
| other lienor whose rights
in and to such real estate arise | 15 |
| prior to the filing of such notice. Upon
payment of the cost | 16 |
| and expense by the owner of or persons interested in
such | 17 |
| property after notice of lien has been filed, the lien shall be
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| released by the municipality or person in whose name the lien | 19 |
| has been
filed and the release may be filed of record as in the | 20 |
| case of filing
notice of lien.
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| The cost of such tree removal shall not be a lien upon the | 22 |
| real estate
affected unless a notice shall be personally served | 23 |
| or sent by registered
mail to the person to whom was sent the | 24 |
| tax bill for the general taxes for
the last preceding year on | 25 |
| the property, such notice to be delivered or
sent not less than | 26 |
| 30 days prior to the removal of the tree or trees
located |
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LRB095 03849 HLH 33782 a |
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| thereon. The notice shall contain the substance of this | 2 |
| section,
and of any ordinance of the municipality implementing | 3 |
| its provisions, and
identify the property, by common | 4 |
| description, and the tree or trees
affected.
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| (Source: P.A. 83-358.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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