Full Text of SB2677 95th General Assembly
SB2677enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 7-1-13, 10-2.1-6, 10-2.1-14, and 11-31-1 as | 6 |
| follows:
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| (65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
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| Sec. 7-1-13. Annexation. | 9 |
| (a) Whenever any unincorporated territory containing 60
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| acres or less, is wholly bounded by (a) one or more | 11 |
| municipalities, (b)
one or more municipalities and a creek in a | 12 |
| county with a population of
400,000 or more, or one or more | 13 |
| municipalities and a river or lake in any
county, (c) one or | 14 |
| more municipalities and the Illinois State
boundary, (d) one or | 15 |
| more municipalities and property owned by the
State of | 16 |
| Illinois, except highway right-of-way owned in fee by the | 17 |
| State,
(e) one or more municipalities and a forest preserve | 18 |
| district or park district, or
(f) if the territory is a | 19 |
| triangular parcel of less than 10 acres, one or
more | 20 |
| municipalities and an interstate highway owned in fee by the | 21 |
| State and
bounded by a frontage road, that territory may be | 22 |
| annexed
by any municipality by which it is bounded in whole or | 23 |
| in part,
by the passage of an ordinance to that effect after |
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| notice is given as
provided in subsection (b) of this Section. | 2 |
| The corporate authorities shall cause notice,
stating that | 3 |
| annexation of the territory described in the notice is
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| contemplated under this Section, to be published once, in a | 5 |
| newspaper of
general circulation within the territory to be | 6 |
| annexed, not less than 10
days before the passage of the | 7 |
| annexation ordinance. When the
territory to be annexed lies | 8 |
| wholly or partially within a township other
than that township | 9 |
| where the municipality is situated, the annexing
municipality | 10 |
| shall give at least 10 days prior written notice of the time
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| and place of the passage of the annexation ordinance to the | 12 |
| township
supervisor of the township where the territory to be | 13 |
| annexed lies. The
ordinance shall describe the territory | 14 |
| annexed and a copy thereof together
with an accurate map of the | 15 |
| annexed territory shall be recorded in the
office of the | 16 |
| recorder of the county wherein the annexed territory is
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| situated and a document of annexation shall be filed with the | 18 |
| county clerk
and County Election Authority. Nothing in this | 19 |
| Section shall be construed
as permitting a municipality to | 20 |
| annex territory of a forest preserve
district in a county with | 21 |
| a population of 3,000,000 or more without
obtaining the consent | 22 |
| of the district pursuant to Section 8.3 of the
Cook County | 23 |
| Forest Preserve District Act nor shall anything in this Section | 24 |
| be construed as permitting a municipality to annex territory | 25 |
| owned by a park district without obtaining the consent of the | 26 |
| district pursuant to Section 8-1.1 of the Park District Code.
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| (b) The corporate authorities shall cause notice, stating | 2 |
| that annexation of the territory described in the notice is | 3 |
| contemplated under this Section, to be published once, in a | 4 |
| newspaper of general circulation within the territory to be | 5 |
| annexed, not less than 10 days before the passage of the | 6 |
| annexation ordinance. The corporate authorities shall also, | 7 |
| not less than 15 days before the passage of the annexation | 8 |
| ordinance, serve written notice, either in person or, at a | 9 |
| minimum, by certified mail, on the taxpayer of record of the | 10 |
| proposed annexed territory as appears from the authentic tax | 11 |
| records of the county. When the territory to be annexed lies | 12 |
| wholly or partially within a township other than the township | 13 |
| where the municipality is situated, the annexing municipality | 14 |
| shall give at least 10 days prior written notice of the time
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| and place of the passage of the annexation ordinance to the | 16 |
| township
supervisor of the township where the territory to be | 17 |
| annexed lies. | 18 |
| (c) When notice is given as described in subsection (b) of | 19 |
| this Section, no other municipality may annex the proposed | 20 |
| territory for a period of 60 days from the date the notice is | 21 |
| mailed or delivered to the taxpayer of record unless that other | 22 |
| municipality has initiated annexation proceedings or a valid | 23 |
| petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 | 24 |
| of this Code has been received by the municipality prior to the | 25 |
| publication and mailing of the notices required in subsection | 26 |
| (b). |
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| (Source: P.A. 94-396, eff. 8-1-05.)
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| (65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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| Sec. 10-2.1-6. Examination of applicants; | 4 |
| disqualifications.
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| (a) All applicants for a position in either the fire or | 6 |
| police department
of the municipality shall be under 35 years | 7 |
| of age, shall be subject to an
examination that shall be | 8 |
| public, competitive, and open to all applicants
(unless the | 9 |
| council or board of trustees by ordinance limit applicants to
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| electors of the municipality, county, state or nation) and | 11 |
| shall be subject to
reasonable limitations as to residence, | 12 |
| health, habits, and moral character.
The municipality may not | 13 |
| charge or collect any fee from an applicant who has
met all | 14 |
| prequalification standards established by the municipality for | 15 |
| any such
position.
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| (b) Residency requirements in effect at the time an | 17 |
| individual enters the
fire or police service of a municipality | 18 |
| (other than a municipality that
has more than 1,000,000 | 19 |
| inhabitants) cannot be made more restrictive for
that | 20 |
| individual during his period of service for that municipality, | 21 |
| or be
made a condition of promotion, except for the rank or | 22 |
| position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 24 |
| except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 25 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, |
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| 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, | 2 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section | 3 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but | 4 |
| not
convicted on that cause shall be disqualified from taking | 5 |
| the examination to
qualify for a position in the fire | 6 |
| department on grounds of habits or moral
character.
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| (d) The age limitation in subsection (a) does not apply (i) | 8 |
| to any person
previously employed as a policeman or fireman in | 9 |
| a regularly constituted police
or fire department of (I) any | 10 |
| municipality, regardless of whether the municipality is | 11 |
| located in Illinois or in another state, or (II) a fire | 12 |
| protection district
whose obligations were assumed by a | 13 |
| municipality under Section 21 of the Fire
Protection District | 14 |
| Act, (ii) to any person who has served a municipality as a
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| regularly enrolled volunteer fireman for 5 years immediately | 16 |
| preceding the time
that municipality begins to use full time | 17 |
| firemen to provide all or part of its
fire protection service, | 18 |
| or (iii) to any person who has served as an auxiliary police | 19 |
| officer under Section 3.1-30-20 for at least 5 years and is | 20 |
| under 40 years of
age, (iv) to any person who has served as a | 21 |
| deputy under Section 3-6008 of
the Counties Code and otherwise | 22 |
| meets necessary training requirements, or (v) to any person who | 23 |
| has served as a sworn officer as a member of the Illinois | 24 |
| Department of State Police.
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| (e) Applicants who are 20 years of age and who have | 26 |
| successfully completed 2
years of law enforcement studies at an |
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| accredited college or university may be
considered for | 2 |
| appointment to active duty with the police department. An
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| applicant described in this subsection (e) who is appointed to | 4 |
| active duty
shall not have power of arrest, nor shall the | 5 |
| applicant be permitted to carry
firearms, until he or she | 6 |
| reaches 21 years of age.
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| (f) Applicants who are 18 years of age and who have | 8 |
| successfully
completed 2 years of study in fire techniques, | 9 |
| amounting to a total of 4
high school credits, within the cadet | 10 |
| program of a municipality may be
considered for appointment to | 11 |
| active duty with the fire department of any
municipality.
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| (g) The council or board of trustees may by ordinance | 13 |
| provide
that persons residing outside the municipality are | 14 |
| eligible to take the
examination.
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| (h) The examinations shall be practical in character and | 16 |
| relate to
those matters that will fairly test the capacity of | 17 |
| the persons examined
to discharge the duties of the positions | 18 |
| to which they seek appointment. No
person shall be appointed to | 19 |
| the police or fire department if he or she does
not possess a | 20 |
| high school diploma or an equivalent high school education.
A | 21 |
| board of fire and police commissioners may, by its rules, | 22 |
| require police
applicants to have obtained an associate's | 23 |
| degree or a bachelor's degree as a
prerequisite for employment. | 24 |
| The
examinations shall include tests of physical | 25 |
| qualifications and health. A board of fire and police | 26 |
| commissioners may, by its rules, waive portions of the required |
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| examination for police applicants who have previously been | 2 |
| full-time sworn officers of a regular police department in any | 3 |
| municipal, county, university, or State law enforcement | 4 |
| agency, provided they are certified by the Illinois Law | 5 |
| Enforcement Training Standards Board and have been with their | 6 |
| respective law enforcement agency within the State for at least | 7 |
| 2 years. No
person shall be appointed to the police or fire | 8 |
| department if he or she has
suffered the amputation of any limb | 9 |
| unless the applicant's duties will be only
clerical or as a | 10 |
| radio operator. No applicant shall be examined concerning his
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| or her political or religious opinions or affiliations. The | 12 |
| examinations shall
be conducted by the board of fire and police | 13 |
| commissioners of the municipality
as provided in this Division | 14 |
| 2.1.
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| (i) No person who is classified by his local selective | 16 |
| service draft board
as a conscientious objector, or who has | 17 |
| ever been so classified, may be
appointed to the police | 18 |
| department.
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| (j) No person shall be appointed to the police or fire | 20 |
| department unless he
or she is a person of good character and | 21 |
| not an habitual drunkard, gambler, or
a person who has been | 22 |
| convicted of a felony or a crime involving moral
turpitude. No | 23 |
| person, however, shall be disqualified from appointment to the
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| fire department because of his or her record of misdemeanor | 25 |
| convictions except
those under Sections 11-6, 11-7, 11-9, | 26 |
| 11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, |
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| 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, | 2 |
| 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) | 3 |
| of Section
24-1 of the Criminal Code of 1961 or arrest for any | 4 |
| cause without conviction on
that cause. Any such person who is | 5 |
| in the department may be removed on charges
brought and after a | 6 |
| trial as provided in this Division 2.1.
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| (Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; | 8 |
| 95-165, eff. 1-1-08.)
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| (65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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| Sec. 10-2.1-14. Register of eligibles. The board of fire | 11 |
| and police
commissioners shall prepare and keep a register of | 12 |
| persons whose general
average standing, upon examination, is | 13 |
| not less than the minimum fixed by the
rules of the board, and | 14 |
| who are otherwise eligible. These persons shall take
rank upon | 15 |
| the register as candidates in the order of their relative | 16 |
| excellence
as determined by examination, without reference to | 17 |
| priority of time of
examination.
The board of fire and police | 18 |
| commissioners may prepare and keep a second register of persons | 19 |
| who have previously been full-time sworn officers of a regular | 20 |
| police department in any municipal, county, university, or | 21 |
| State law enforcement agency, provided they are certified by | 22 |
| the Illinois Law Enforcement Training Standards Board and have | 23 |
| been with their respective law enforcement agency within the | 24 |
| State for at least 2 years. The persons on this list shall take | 25 |
| rank upon the register as candidates in the order of their |
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| relative excellence as determined by members of the board of | 2 |
| fire and police commissioners. Applicants who have been awarded | 3 |
| a certificate attesting to their successful
completion of the | 4 |
| Minimum Standards Basic Law Enforcement Training Course, as
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| provided in the Illinois Police Training Act, may be given | 6 |
| preference in
appointment over noncertified applicants. | 7 |
| Applicants for appointment to fire departments who are licensed | 8 |
| as an EMT-B, EMT-I, or EMT-P under the Emergency Medical | 9 |
| Services (EMS) Systems Act, may be given preference in | 10 |
| appointment over non-licensed applicants.
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| Within 60 days after each examination, an eligibility list
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| shall be posted by the board, which shall show the final grades | 13 |
| of
the candidates without reference to priority of time of | 14 |
| examination
and subject to claim for military credit. | 15 |
| Candidates who are
eligible for military credit shall make a | 16 |
| claim in writing within 10 days after
the posting of the | 17 |
| eligibility list or such claim shall be deemed waived.
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| Appointment shall be subject to a final physical examination.
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| If a person is placed on an eligibility list and becomes | 20 |
| overage before he
or she is appointed to a police or fire | 21 |
| department, the person remains eligible
for appointment until | 22 |
| the list is abolished pursuant to authorized procedures.
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| Otherwise no person who has attained the age of 36 years shall | 24 |
| be inducted as a
member of a police department and no person | 25 |
| who has attained the age of 35
years shall be inducted as a | 26 |
| member of a fire department, except as otherwise
provided in |
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| this division.
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| (Source: P.A. 94-281, eff. 1-1-06.)
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| (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
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| Sec. 11-31-1. Demolition, repair, enclosure, or | 5 |
| remediation.
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| (a) The corporate authorities of each municipality may | 7 |
| demolish, repair,
or enclose or cause the demolition, repair, | 8 |
| or enclosure of
dangerous and unsafe buildings or uncompleted | 9 |
| and abandoned buildings
within the territory of the | 10 |
| municipality and may remove or cause the
removal of garbage, | 11 |
| debris, and other hazardous, noxious, or unhealthy
substances | 12 |
| or materials from those buildings. In any county
having adopted | 13 |
| by referendum or otherwise a county health department as
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| provided by Division 5-25 of the Counties Code or its | 15 |
| predecessor, the
county board of that county may exercise those | 16 |
| powers with regard to
dangerous and unsafe buildings or | 17 |
| uncompleted and abandoned buildings
within the territory of any | 18 |
| city, village, or incorporated town having less
than 50,000 | 19 |
| population.
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| The corporate authorities shall apply to the circuit court | 21 |
| of the county
in which the building is located (i) for an order | 22 |
| authorizing action to
be taken with respect to a building if | 23 |
| the owner or owners of the building,
including the lien holders | 24 |
| of record, after at least 15 days' written
notice by mail so to | 25 |
| do, have failed to put the building in a safe
condition or to |
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| demolish it or (ii) for an order requiring the owner or
owners | 2 |
| of record to demolish, repair, or enclose the building or to | 3 |
| remove
garbage, debris, and other hazardous, noxious, or | 4 |
| unhealthy substances or
materials from the building. It is not | 5 |
| a defense to the cause of action
that the building is boarded | 6 |
| up or otherwise enclosed, although the court
may order the | 7 |
| defendant to have the building boarded up or otherwise
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| enclosed. Where, upon diligent search, the identity or | 9 |
| whereabouts of the
owner or owners of the building, including | 10 |
| the lien holders of record,
is not ascertainable, notice mailed | 11 |
| to the person or persons in whose name
the real estate was last | 12 |
| assessed is sufficient notice under this Section.
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| The hearing upon the application to the circuit court shall | 14 |
| be expedited
by the court and shall be given precedence over | 15 |
| all other suits.
Any person entitled to bring an action under | 16 |
| subsection (b) shall have
the right to intervene in an action | 17 |
| brought under this Section.
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| The cost of the demolition, repair, enclosure, or removal | 19 |
| incurred by
the municipality, by an intervenor, or by a lien | 20 |
| holder of record,
including court costs, attorney's fees, and | 21 |
| other costs related to the
enforcement of this Section, is | 22 |
| recoverable from the owner or owners of
the real estate or the | 23 |
| previous owner or both if the property was transferred
during | 24 |
| the 15 day notice period and is a lien on the real estate; the | 25 |
| lien is
superior to all prior existing liens and encumbrances, | 26 |
| except taxes, if, within
180 days after the repair, demolition, |
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| enclosure, or removal, the municipality,
the lien holder of | 2 |
| record, or the intervenor who incurred the cost and expense
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| shall file a notice of lien for the cost and expense incurred | 4 |
| in the office of
the recorder in the county in which the real | 5 |
| estate is located or in the office
of the registrar of titles | 6 |
| of the county if the real estate affected is
registered under | 7 |
| the Registered Titles (Torrens) Act.
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| The notice must consist of a sworn statement setting out | 9 |
| (1) a
description of the real estate sufficient for its | 10 |
| identification, (2)
the amount of money representing the cost | 11 |
| and expense incurred, and (3) the
date or dates when the cost | 12 |
| and expense was incurred by the municipality,
the lien holder | 13 |
| of record, or the intervenor. Upon payment of the cost and
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| expense by the owner of or persons interested in the property | 15 |
| after the
notice of lien has been filed, the lien shall be | 16 |
| released by the
municipality, the person in whose name the lien | 17 |
| has been filed, or the
assignee of the lien, and the release | 18 |
| may be filed of record as in the case
of filing notice of lien. | 19 |
| Unless the lien is enforced under subsection (c),
the lien may | 20 |
| be enforced by foreclosure proceedings as in the case of
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| mortgage foreclosures under Article XV of the Code of Civil | 22 |
| Procedure or
mechanics' lien foreclosures. An action to | 23 |
| foreclose this lien
may be commenced at any time after the date | 24 |
| of filing of the notice of
lien. The costs of foreclosure | 25 |
| incurred by the municipality, including
court costs, | 26 |
| reasonable attorney's fees, advances to preserve the property,
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| and other costs related to the enforcement of this subsection, | 2 |
| plus
statutory interest, are a lien on the real estate and are | 3 |
| recoverable by
the municipality from the owner or owners of the | 4 |
| real estate.
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| All liens arising under this subsection (a) shall be | 6 |
| assignable.
The assignee of the lien shall have the same power | 7 |
| to enforce the lien
as the assigning party, except that the | 8 |
| lien may not be
enforced under subsection (c).
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| If the appropriate official of any municipality determines | 10 |
| that any
dangerous and unsafe building or uncompleted and | 11 |
| abandoned building within
its territory fulfills the | 12 |
| requirements for an action by the municipality
under the | 13 |
| Abandoned Housing Rehabilitation Act, the municipality may
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| petition under that Act in a proceeding brought under this | 15 |
| subsection.
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| (b) Any owner or tenant of real property within 1200 feet | 17 |
| in any
direction of any dangerous or unsafe building located | 18 |
| within the territory
of a municipality with a population of | 19 |
| 500,000 or more may file with the
appropriate municipal | 20 |
| authority a request that the municipality apply to
the circuit | 21 |
| court of the county in which the building is located for an
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| order permitting the demolition, removal of garbage, debris, | 23 |
| and other
noxious or unhealthy substances and materials from, | 24 |
| or repair or enclosure of
the building in the manner prescribed | 25 |
| in subsection (a) of this Section.
If the municipality fails to | 26 |
| institute an action in circuit court within 90
days after the |
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| filing of the request, the owner or tenant of real property
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| within 1200 feet in any direction of the building may institute | 3 |
| an action
in circuit court seeking an order compelling the | 4 |
| owner or owners of record
to demolish, remove garbage, debris, | 5 |
| and other noxious or unhealthy
substances and materials from, | 6 |
| repair or enclose or to cause to be
demolished, have garbage, | 7 |
| debris, and other noxious or unhealthy substances
and materials | 8 |
| removed from, repaired, or enclosed the building in question.
A | 9 |
| private owner or tenant who institutes an action under the | 10 |
| preceding sentence
shall not be required to pay any fee to the | 11 |
| clerk of the circuit court.
The cost of repair, removal, | 12 |
| demolition, or enclosure shall be borne by
the owner or owners | 13 |
| of record of the building. In the event the owner or
owners of | 14 |
| record fail to demolish, remove garbage, debris, and other | 15 |
| noxious
or unhealthy substances and materials from, repair, or | 16 |
| enclose the building
within 90 days of the date the court | 17 |
| entered its order, the owner or tenant
who instituted the | 18 |
| action may request that the court join the municipality
as a | 19 |
| party to the action. The court may order the municipality to | 20 |
| demolish,
remove materials from, repair, or enclose the | 21 |
| building, or cause that action to
be taken upon the request of | 22 |
| any owner or tenant who instituted the action or
upon the | 23 |
| municipality's request. The municipality may file, and the | 24 |
| court may
approve, a plan for rehabilitating the building in | 25 |
| question. A court order
authorizing the municipality to | 26 |
| demolish, remove materials from, repair, or
enclose a building, |
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| or cause that action to be taken, shall not preclude the
court | 2 |
| from adjudging the owner or owners of record of the building in | 3 |
| contempt
of court due to the failure to comply with the order | 4 |
| to demolish, remove
garbage, debris, and other noxious or | 5 |
| unhealthy substances and materials from,
repair, or enclose the | 6 |
| building.
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| If a municipality or a person or persons other than the | 8 |
| owner or
owners of record pay the cost of demolition, removal | 9 |
| of garbage, debris, and
other noxious or unhealthy substances | 10 |
| and materials, repair, or enclosure
pursuant to a court order, | 11 |
| the cost, including court costs, attorney's fees,
and other | 12 |
| costs related to the enforcement of this subsection, is
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| recoverable from the owner or owners of the real estate and is | 14 |
| a lien
on the real estate; the lien is superior to all prior | 15 |
| existing liens and
encumbrances, except taxes, if, within 180 | 16 |
| days after the
repair, removal, demolition, or enclosure, the | 17 |
| municipality or the person or
persons who paid the costs of | 18 |
| demolition, removal, repair, or enclosure
shall file a notice | 19 |
| of lien of the cost and expense incurred in the office
of the | 20 |
| recorder in the county in which the real estate is located or | 21 |
| in the
office of the registrar of the county if the real estate | 22 |
| affected is
registered under the Registered Titles (Torrens) | 23 |
| Act. The notice shall be
in a form as is provided in subsection | 24 |
| (a). An owner or tenant who
institutes an action in circuit | 25 |
| court seeking an order to compel the owner
or owners of record | 26 |
| to demolish, remove materials from, repair, or enclose any
|
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| dangerous or unsafe building, or to cause that action to be | 2 |
| taken under this
subsection may recover court costs and | 3 |
| reasonable attorney's fees for
instituting the action from the | 4 |
| owner or owners of record of the building.
Upon payment of the | 5 |
| costs and expenses by the owner of or a person
interested in | 6 |
| the property after the notice of lien has been filed, the
lien | 7 |
| shall be released by the municipality or the person in whose | 8 |
| name the
lien has been filed or his or her assignee, and the | 9 |
| release may be filed of
record as in the case of filing a | 10 |
| notice of lien. Unless the lien is
enforced under subsection | 11 |
| (c), the lien may be enforced by foreclosure
proceedings as in | 12 |
| the case of mortgage foreclosures under Article XV of the
Code | 13 |
| of Civil Procedure or mechanics' lien foreclosures. An action | 14 |
| to
foreclose this lien may be commenced at any time after the | 15 |
| date of filing
of the notice of lien. The costs of foreclosure | 16 |
| incurred by the
municipality, including court costs, | 17 |
| reasonable attorneys' fees, advances
to preserve the property, | 18 |
| and other costs related to the enforcement of
this subsection, | 19 |
| plus statutory interest, are a lien on the real estate
and are | 20 |
| recoverable by the municipality from the owner or owners of the
| 21 |
| real estate.
| 22 |
| All liens arising under the terms of this subsection (b) | 23 |
| shall be
assignable. The assignee of the lien shall have the | 24 |
| same power to
enforce the lien as the assigning party, except | 25 |
| that the lien may not be
enforced under subsection (c).
| 26 |
| (c) In any case where a municipality has obtained a lien |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| under
subsection (a), (b), or (f), the municipality may enforce | 2 |
| the
lien
under
this subsection (c) in the same proceeding in | 3 |
| which the lien is authorized.
| 4 |
| A municipality desiring to enforce a lien under this | 5 |
| subsection (c) shall
petition the court to retain jurisdiction | 6 |
| for foreclosure proceedings under
this subsection. Notice of | 7 |
| the petition shall be served, by certified or
registered mail, | 8 |
| on all persons who were served notice under subsection
(a), | 9 |
| (b), or (f). The court shall conduct a hearing on the petition | 10 |
| not
less than 15
days after the notice is served. If the court | 11 |
| determines that the
requirements of this subsection (c) have | 12 |
| been satisfied, it shall grant the
petition and retain | 13 |
| jurisdiction over the matter until the foreclosure
proceeding | 14 |
| is completed. The costs of foreclosure incurred by the
| 15 |
| municipality, including court costs, reasonable attorneys' | 16 |
| fees, advances
to preserve the property, and other costs | 17 |
| related to the enforcement of
this subsection, plus statutory | 18 |
| interest, are a lien on the real estate and
are recoverable by | 19 |
| the municipality from the owner or owners of the real
estate. | 20 |
| If the court denies the petition, the municipality may enforce | 21 |
| the
lien in a separate action as provided in subsection (a), | 22 |
| (b), or
(f).
| 23 |
| All persons designated in Section 15-1501 of the Code of | 24 |
| Civil Procedure
as necessary parties in a mortgage foreclosure | 25 |
| action shall be joined as
parties before issuance of an order | 26 |
| of foreclosure. Persons designated
in Section 15-1501 of the |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| Code of Civil Procedure as permissible parties
may also be | 2 |
| joined as parties in the action.
| 3 |
| The provisions of Article XV of the Code of Civil Procedure | 4 |
| applicable to
mortgage foreclosures shall apply to the | 5 |
| foreclosure of a lien under
this subsection (c), except to the | 6 |
| extent that those provisions are
inconsistent with this | 7 |
| subsection. For purposes of foreclosures
of liens under this | 8 |
| subsection, however, the redemption period described in
| 9 |
| subsection (b) of Section 15-1603 of the Code of Civil | 10 |
| Procedure shall end
60 days after the date of entry of the | 11 |
| order of foreclosure.
| 12 |
| (d) In addition to any other remedy provided by law, the | 13 |
| corporate
authorities of any municipality may petition the | 14 |
| circuit court to have
property declared abandoned under this | 15 |
| subsection (d) if:
| 16 |
| (1) the property has been tax delinquent for 2 or more | 17 |
| years or bills
for water service for the property have been | 18 |
| outstanding for 2 or more years;
| 19 |
| (2) the property is unoccupied by persons legally in | 20 |
| possession; and
| 21 |
| (3) the property contains a dangerous or unsafe | 22 |
| building for reasons specified in the petition .
| 23 |
| All persons having an interest of record in the property, | 24 |
| including tax
purchasers and beneficial owners of any Illinois | 25 |
| land trust having title to
the property, shall be named as | 26 |
| defendants in the petition and shall be
served with process. In |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| addition, service shall be had under Section
2-206 of the Code | 2 |
| of Civil Procedure as in other cases affecting property.
| 3 |
| The municipality, however, may proceed under this | 4 |
| subsection in a
proceeding brought under subsection (a) or (b). | 5 |
| Notice of the petition
shall be served in person or by | 6 |
| certified or registered mail on all persons who were
served | 7 |
| notice under subsection (a) or (b).
| 8 |
| If the municipality proves that the conditions described in | 9 |
| this
subsection exist and (i) the owner of record of the | 10 |
| property does not enter
an appearance in the action, or, if | 11 |
| title to the property is held by an
Illinois land trust, if | 12 |
| neither the owner of record nor the owner of the
beneficial | 13 |
| interest of the trust enters an appearance, or (ii) if the | 14 |
| owner of record or the beneficiary of a land trust, if title to | 15 |
| the property is held by an Illinois land trust, enters an | 16 |
| appearance and specifically waives his or her rights under this | 17 |
| subsection (d), the court
shall declare the property abandoned. | 18 |
| Notwithstanding any waiver, the municipality may move to | 19 |
| dismiss its petition at any time. In addition, any waiver in a | 20 |
| proceeding under this subsection (d) does not serve as a waiver | 21 |
| for any other proceeding under law or equity.
| 22 |
| If that determination is made, notice shall be sent in | 23 |
| person or by certified or
registered mail to all persons having | 24 |
| an interest of record in the
property, including tax purchasers | 25 |
| and beneficial owners of any Illinois
land trust having title | 26 |
| to the property, stating that title to the
property will be |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| transferred to the municipality unless, within 30 days of
the | 2 |
| notice, the owner of record or enters an appearance in the | 3 |
| action, or
unless any other person having an interest in the | 4 |
| property files with the
court a request to demolish the | 5 |
| dangerous or unsafe building or to put the
building in safe | 6 |
| condition , or unless the owner of record enters an appearance | 7 |
| and proves that the owner does not intend to abandon the | 8 |
| property .
| 9 |
| If the owner of record enters an appearance in the action | 10 |
| within the 30
day period, but does not at that time file with | 11 |
| the court a request to demolish the dangerous or unsafe | 12 |
| building or to put the building in safe condition, or | 13 |
| specifically waive his or her rights under this subsection (d), | 14 |
| the court shall vacate its order declaring the property
| 15 |
| abandoned if it determines that the owner of record does not | 16 |
| intend to abandon the property . In that case, the municipality | 17 |
| may amend its complaint in order
to initiate proceedings under | 18 |
| subsection (a) , or it may request that the court order the | 19 |
| owner to demolish the building or repair the dangerous or | 20 |
| unsafe conditions of the building alleged in the petition or | 21 |
| seek the appointment of a receiver or other equitable relief to | 22 |
| correct the conditions at the property. The powers and rights | 23 |
| of a receiver appointed under this subsection (d) shall include | 24 |
| all of the powers and rights of a receiver appointed under | 25 |
| Section 11-31-2 of this Code .
| 26 |
| If a request to demolish or repair the building is filed |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| within the 30
day period, the court shall grant permission to | 2 |
| the requesting party to
demolish the building within 30 days or | 3 |
| to restore the building to safe
condition within 60 days after | 4 |
| the request is granted. An extension of
that period for up to | 5 |
| 60 additional days may be given for good cause. If
more than | 6 |
| one person with an interest in the property files a timely
| 7 |
| request, preference shall be given to the owner of record if | 8 |
| the owner filed a request or, if the owner did not, the person | 9 |
| with the lien or other
interest of the highest priority.
| 10 |
| If the requesting party (other than the owner of record) | 11 |
| proves to the court that the building has been
demolished or | 12 |
| put in a safe condition in accordance with the local safety | 13 |
| codes within the period of time granted by
the court, the court | 14 |
| shall issue a quitclaim judicial deed for the
property to the | 15 |
| requesting party, conveying only the interest of the owner
of | 16 |
| record, upon proof of payment to the municipality of all costs | 17 |
| incurred
by the municipality in connection with the action, | 18 |
| including but not
limited to court costs, attorney's fees, | 19 |
| administrative costs, the
costs, if any, associated with | 20 |
| building enclosure or removal, and receiver's
certificates. | 21 |
| The interest in the property so conveyed shall be subject to
| 22 |
| all liens and encumbrances on the property. In addition, if the | 23 |
| interest is
conveyed to a person holding a certificate of | 24 |
| purchase for the property
under the Property Tax Code, the | 25 |
| conveyance shall
be subject to the rights of redemption of all | 26 |
| persons entitled to redeem under
that Act, including the |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| original owner of record. If the requesting party is the owner | 2 |
| of record and proves to the court that the building has been | 3 |
| demolished or put in a safe condition in accordance with the | 4 |
| local safety codes within the period of time granted by the | 5 |
| court, the court shall dismiss the proceeding under this | 6 |
| subsection (d).
| 7 |
| If the owner of record has not entered an appearance and | 8 |
| proven that the owner did not intend to abandon the property, | 9 |
| and if If no person with an interest in the property files a | 10 |
| timely request or
if the requesting party fails to demolish the | 11 |
| building or put the building
in safe condition within the time | 12 |
| specified by the court, the municipality
may petition the court | 13 |
| to issue a judicial deed for the property to the
municipality. | 14 |
| A conveyance by judicial deed shall operate to extinguish
all | 15 |
| existing ownership interests in, liens on, and other interest | 16 |
| in the
property, including tax liens, and shall extinguish the | 17 |
| rights and
interests of any and all holders of a bona fide | 18 |
| certificate of purchase of the
property for delinquent taxes. | 19 |
| Any such bona fide certificate of purchase
holder shall be
| 20 |
| entitled to a sale in error as prescribed under Section 21-310 | 21 |
| of the Property
Tax Code.
| 22 |
| (e) Each municipality may use the provisions of this | 23 |
| subsection to expedite
the removal
of certain buildings that | 24 |
| are a continuing hazard to the community in which
they are | 25 |
| located.
| 26 |
| If a residential or commercial building is 3 stories or |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| less in height as
defined by the
municipality's building code, | 2 |
| and the corporate official designated to be
in charge of | 3 |
| enforcing the municipality's building code determines that the
| 4 |
| building is open and vacant and an immediate and continuing | 5 |
| hazard to the
community in which the building is located, then | 6 |
| the official shall be
authorized to post a notice not less than | 7 |
| 2 feet by 2 feet in size on the
front of the building. The | 8 |
| notice shall be dated as of the date of the
posting and shall | 9 |
| state that unless the building is demolished, repaired,
or | 10 |
| enclosed, and unless any garbage, debris, and other hazardous, | 11 |
| noxious,
or unhealthy substances or materials are removed so | 12 |
| that an immediate and
continuing hazard to the community no | 13 |
| longer exists, then the building may
be demolished, repaired, | 14 |
| or enclosed, or any garbage, debris, and other
hazardous, | 15 |
| noxious, or unhealthy substances or materials may be removed, | 16 |
| by
the municipality.
| 17 |
| Not later than 30 days following the posting of the notice, | 18 |
| the
municipality shall do all of the following:
| 19 |
| (1) Cause to be sent, by certified mail, return receipt | 20 |
| requested,
a Notice to Remediate to all owners of
record of | 21 |
| the property, the beneficial owners of any Illinois land | 22 |
| trust
having title to the property, and all lienholders of | 23 |
| record in the property,
stating the intent of the | 24 |
| municipality to demolish,
repair, or enclose the building | 25 |
| or remove any garbage, debris, or other
hazardous, noxious, | 26 |
| or unhealthy substances or materials if that action is
not |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| taken by the owner or owners.
| 2 |
| (2) Cause to be published, in a newspaper published or | 3 |
| circulated in the
municipality where the building is | 4 |
| located, a notice setting forth (i)
the permanent tax index | 5 |
| number and the address of the building, (ii) a
statement | 6 |
| that the property is open and vacant and constitutes an | 7 |
| immediate and
continuing hazard to the community, and (iii) | 8 |
| a statement that the municipality
intends to demolish, | 9 |
| repair, or enclose the building or remove any garbage,
| 10 |
| debris, or other hazardous, noxious, or unhealthy | 11 |
| substances or materials if
the owner or owners or | 12 |
| lienholders of record fail to do so. This notice shall
be | 13 |
| published for 3 consecutive days.
| 14 |
| (3) Cause to be recorded the Notice to Remediate mailed | 15 |
| under paragraph
(1) in
the office of the recorder in the | 16 |
| county in which the real estate is located or
in the
office | 17 |
| of the registrar of titles of the county if the real estate | 18 |
| is
registered under the
Registered Title (Torrens) Act.
| 19 |
| Any person or persons with a current legal or equitable | 20 |
| interest in the
property objecting to the proposed actions of | 21 |
| the corporate authorities may
file his or her objection in an | 22 |
| appropriate form in a court of competent
jurisdiction.
| 23 |
| If the building is not demolished, repaired, or enclosed, | 24 |
| or the garbage,
debris, or other hazardous, noxious, or | 25 |
| unhealthy substances or materials are
not removed, within 30 | 26 |
| days of mailing the notice to the owners of record,
the |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| beneficial owners of any Illinois land trust having title to | 2 |
| the
property, and all lienholders of record in the property, or
| 3 |
| within 30 days of the last day of publication of the notice, | 4 |
| whichever is
later, the corporate authorities shall have the | 5 |
| power to demolish, repair, or
enclose the building or to remove | 6 |
| any garbage, debris, or other hazardous,
noxious, or unhealthy | 7 |
| substances or materials.
| 8 |
| The municipality may proceed to demolish, repair, or | 9 |
| enclose a building
or remove any garbage, debris, or other | 10 |
| hazardous, noxious, or unhealthy
substances or materials under | 11 |
| this subsection within a 120-day period
following the date of | 12 |
| the mailing of the notice if the appropriate official
| 13 |
| determines that the demolition, repair, enclosure, or removal | 14 |
| of any garbage,
debris, or other hazardous, noxious, or | 15 |
| unhealthy substances or materials is
necessary to remedy the | 16 |
| immediate and continuing hazard. If, however, before
the | 17 |
| municipality proceeds with any of the actions authorized by | 18 |
| this
subsection, any person with a legal or equitable interest | 19 |
| in the property has
sought a hearing under this subsection | 20 |
| before a
court and has served a copy of the complaint on the | 21 |
| chief executive officer of
the municipality, then the | 22 |
| municipality shall not proceed with the demolition,
repair, | 23 |
| enclosure, or removal of garbage, debris, or other substances | 24 |
| until the
court determines that that action is necessary to | 25 |
| remedy the hazard and issues
an order authorizing the | 26 |
| municipality to do so.
If the court dismisses the action for |
|
|
|
SB2677 Enrolled |
- 26 - |
LRB095 05539 HLH 25629 b |
|
| 1 |
| want of prosecution, the municipality
must send the objector a | 2 |
| copy of the dismissal
order and a letter stating that the | 3 |
| demolition, repair, enclosure, or
removal of garbage, debris, | 4 |
| or other substances will proceed unless, within 30
days after | 5 |
| the copy of the order and the letter are mailed, the
objector
| 6 |
| moves to vacate the dismissal and serves a
copy of the
motion | 7 |
| on the chief executive officer of the municipality. | 8 |
| Notwithstanding
any other law to the contrary, if the objector | 9 |
| does not file a motion and give
the required notice, if the | 10 |
| motion is denied by the court, or if the action is
again | 11 |
| dismissed for want of prosecution, then the dismissal is with | 12 |
| prejudice
and the demolition, repair, enclosure, or removal may | 13 |
| proceed forthwith.
| 14 |
| Following the demolition, repair, or enclosure of a | 15 |
| building, or the
removal of garbage, debris, or other | 16 |
| hazardous, noxious, or unhealthy
substances or materials under | 17 |
| this subsection, the municipality may file a
notice of lien | 18 |
| against the real estate for the cost of the demolition,
repair, | 19 |
| enclosure, or removal within 180 days after the repair, | 20 |
| demolition,
enclosure, or removal occurred, for the cost and | 21 |
| expense incurred, in the
office of the recorder in the county | 22 |
| in which the real estate is located or
in the office of the | 23 |
| registrar of titles of the county if the real estate
affected | 24 |
| is registered under the Registered Titles (Torrens) Act; this
| 25 |
| lien has priority over the interests of those parties named in | 26 |
| the
Notice to
Remediate mailed under paragraph (1), but not |
|
|
|
SB2677 Enrolled |
- 27 - |
LRB095 05539 HLH 25629 b |
|
| 1 |
| over the interests of third party
purchasers
or encumbrancers | 2 |
| for value who obtained their interests in the property before
| 3 |
| obtaining
actual or constructive notice of the lien.
The
notice | 4 |
| of lien shall consist of a sworn statement setting forth (i) a
| 5 |
| description of the real estate, such as the address or other | 6 |
| description of
the property, sufficient for its | 7 |
| identification; (ii) the expenses incurred
by the municipality | 8 |
| in undertaking the remedial actions authorized under
this | 9 |
| subsection; (iii) the date or dates the expenses were incurred | 10 |
| by
the municipality; (iv) a statement by the corporate official
| 11 |
| responsible for enforcing the building code that the building | 12 |
| was open and
vacant and constituted an immediate and continuing | 13 |
| hazard
to the community; (v) a statement by the corporate | 14 |
| official that the
required sign was posted on the building, | 15 |
| that notice was sent by certified
mail to the owners of record, | 16 |
| and that notice was published in accordance
with this | 17 |
| subsection; and (vi) a statement as to when and where the | 18 |
| notice
was published. The lien authorized by this subsection | 19 |
| may thereafter be
released or enforced by the municipality as | 20 |
| provided in subsection (a).
| 21 |
| (f) The corporate authorities of each municipality may | 22 |
| remove or cause the
removal of, or otherwise environmentally | 23 |
| remediate hazardous substances and
petroleum products on, in,
| 24 |
| or under any abandoned and unsafe property within the territory | 25 |
| of a
municipality. In addition, where preliminary evidence | 26 |
| indicates the presence
or likely presence of a hazardous |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| substance or a petroleum product or a release
or a substantial
| 2 |
| threat of a release of a hazardous substance or a petroleum | 3 |
| product on, in, or
under the property, the
corporate | 4 |
| authorities of the municipality may inspect the property and | 5 |
| test for
the presence or release of hazardous substances and | 6 |
| petroleum products. In any
county having adopted
by referendum | 7 |
| or otherwise a county health department as provided by Division
| 8 |
| 5-25 of the Counties Code or its predecessor, the county board | 9 |
| of that county
may exercise the above-described powers with | 10 |
| regard to property within the
territory of any city, village, | 11 |
| or incorporated town having less than 50,000
population.
| 12 |
| For purposes of this subsection (f):
| 13 |
| (1) "property" or "real estate" means all real | 14 |
| property, whether or
not improved by a structure;
| 15 |
| (2) "abandoned" means;
| 16 |
| (A) the property has been tax delinquent for 2 or | 17 |
| more years;
| 18 |
| (B) the property is unoccupied by persons legally | 19 |
| in possession; and
| 20 |
| (3) "unsafe" means property that presents an actual or | 21 |
| imminent
threat to public health and safety caused by
the | 22 |
| release of hazardous substances; and
| 23 |
| (4) "hazardous substances" means the same as in Section | 24 |
| 3.215 of the
Environmental Protection Act.
| 25 |
| The corporate authorities shall apply to the circuit court | 26 |
| of the county in
which the property is located (i) for an order |
|
|
|
SB2677 Enrolled |
- 29 - |
LRB095 05539 HLH 25629 b |
|
| 1 |
| allowing the municipality to
enter the property and inspect and | 2 |
| test substances on, in, or under
the property; or (ii) for an | 3 |
| order authorizing the
corporate authorities to take action with | 4 |
| respect to remediation of the
property if conditions on the | 5 |
| property, based on the inspection and testing
authorized in | 6 |
| paragraph (i), indicate the presence of hazardous substances or
| 7 |
| petroleum products.
Remediation shall be deemed
complete for | 8 |
| purposes of
paragraph (ii) above when the property satisfies | 9 |
| Tier
I,
II, or
III
remediation objectives for the property's | 10 |
| most recent usage, as established by
the Environmental | 11 |
| Protection Act, and the rules and regulations promulgated
| 12 |
| thereunder. Where, upon diligent search, the identity or | 13 |
| whereabouts of the
owner or owners of the property, including | 14 |
| the lien holders of record, is not
ascertainable, notice mailed | 15 |
| to the person or persons in whose name the real
estate was last | 16 |
| assessed is sufficient notice under this Section.
| 17 |
| The court shall grant an order authorizing testing under | 18 |
| paragraph (i) above
upon a
showing of preliminary evidence | 19 |
| indicating the presence or likely presence of a
hazardous | 20 |
| substance or a petroleum product or a release of
or a | 21 |
| substantial threat of a release of a hazardous substance or a | 22 |
| petroleum
product on, in, or under
abandoned property. The | 23 |
| preliminary evidence may include, but is not limited
to, | 24 |
| evidence of prior use, visual site inspection, or records of | 25 |
| prior
environmental investigations. The testing authorized by | 26 |
| paragraph (i) above
shall include any type of investigation |
|
|
|
SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
|
| 1 |
| which is necessary for an environmental
professional to | 2 |
| determine the environmental condition of the property,
| 3 |
| including but not limited to performance of soil borings and | 4 |
| groundwater
monitoring. The court shall grant a remediation | 5 |
| order under paragraph (ii)
above where testing of the property | 6 |
| indicates that it fails to meet the
applicable remediation | 7 |
| objectives. The hearing upon the application to the
circuit | 8 |
| court shall be expedited by the court and shall be given | 9 |
| precedence
over
all other suits.
| 10 |
| The cost of the inspection, testing, or remediation | 11 |
| incurred by the
municipality or by a lien holder of record, | 12 |
| including court costs, attorney's
fees, and other costs related | 13 |
| to the enforcement of this Section,
is a lien on the real | 14 |
| estate; except that in any instances where a
municipality
| 15 |
| incurs costs
of inspection and testing but finds no hazardous | 16 |
| substances or petroleum
products on the property
that present | 17 |
| an actual or imminent
threat to public health and safety, such | 18 |
| costs are not recoverable from the
owners nor are such costs a | 19 |
| lien on the real estate. The lien is superior to
all prior | 20 |
| existing liens and encumbrances, except taxes and any lien | 21 |
| obtained
under subsection (a) or (e), if, within 180 days after | 22 |
| the completion of the
inspection, testing, or remediation, the | 23 |
| municipality or the lien holder of
record who
incurred the cost | 24 |
| and expense shall file a notice of lien for the cost and
| 25 |
| expense incurred in the office of the recorder in the county in | 26 |
| which the real
estate is located or in the office of the |
|
|
|
SB2677 Enrolled |
- 31 - |
LRB095 05539 HLH 25629 b |
|
| 1 |
| registrar of titles of the county if
the real estate affected | 2 |
| is registered under the Registered Titles (Torrens)
Act.
| 3 |
| The notice must consist of a sworn statement setting out | 4 |
| (i) a description of
the real estate sufficient for its | 5 |
| identification, (ii) the amount of money
representing the cost | 6 |
| and expense incurred, and (iii) the date or dates when
the
cost | 7 |
| and expense was incurred by the municipality or the lien holder | 8 |
| of record.
Upon payment of the lien amount by the owner of or | 9 |
| persons interested in the
property after the notice of lien has | 10 |
| been filed, a release of lien shall be
issued by the | 11 |
| municipality, the person in whose name the lien has been filed,
| 12 |
| or the assignee of the lien, and the release may be filed of | 13 |
| record as in the
case of filing notice of lien.
| 14 |
| The lien may be enforced under subsection (c) or by | 15 |
| foreclosure proceedings
as
in the case of mortgage foreclosures | 16 |
| under Article XV of the Code of Civil
Procedure or mechanics' | 17 |
| lien foreclosures; provided that where the lien is
enforced by | 18 |
| foreclosure under subsection (c) or under either statute, the
| 19 |
| municipality may
not proceed against the other assets of the | 20 |
| owner or owners of the real estate
for any costs that otherwise | 21 |
| would be recoverable under this Section but that
remain | 22 |
| unsatisfied after foreclosure except where such additional | 23 |
| recovery is
authorized by separate environmental laws. An | 24 |
| action to foreclose this lien
may be commenced at any time | 25 |
| after the date of filing of the notice of lien.
The costs of | 26 |
| foreclosure incurred by the municipality, including court |
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SB2677 Enrolled |
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LRB095 05539 HLH 25629 b |
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| 1 |
| costs,
reasonable attorney's fees, advances to preserve the | 2 |
| property, and other costs
related to the enforcement of this | 3 |
| subsection, plus statutory interest, are a
lien on the real | 4 |
| estate.
| 5 |
| All liens arising under this subsection (f) shall be | 6 |
| assignable. The
assignee of the lien shall have the same power | 7 |
| to enforce the lien as the
assigning party, except that the | 8 |
| lien may not be enforced under subsection
(c).
| 9 |
| (g) In any case where a municipality has obtained a lien | 10 |
| under subsection
(a), the municipality may also bring an action | 11 |
| for a money judgment against the
owner or owners of the real | 12 |
| estate in the amount of the lien in the same manner
as provided | 13 |
| for bringing causes of action in Article II of the Code of | 14 |
| Civil
Procedure and, upon obtaining a judgment, file a judgment | 15 |
| lien against all of
the real estate of the owner or owners and | 16 |
| enforce that lien as provided for in
Article XII of the Code of | 17 |
| Civil Procedure.
| 18 |
| (Source: P.A. 95-331, eff. 8-21-07.)
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