Full Text of HB2451 96th General Assembly
HB2451enr 96TH GENERAL ASSEMBLY
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HB2451 Enrolled |
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LRB096 08498 RLJ 18618 b |
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| AN ACT concerning local government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 11-20-7, 11-20-8, 11-20-12, and 11-20-13 and | 6 |
| by adding Section 11-20-15 as follows:
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| (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
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| Sec. 11-20-7. Cutting and removal of neglected weeds, | 9 |
| grass, trees, and bushes. | 10 |
| (a) The corporate authorities of each municipality may | 11 |
| provide
for the removal of nuisance greenery from any parcel of | 12 |
| private property within cutting of weeds or grass, the trimming | 13 |
| of trees or bushes, and the removal of nuisance bushes or trees | 14 |
| in the municipality if , when the owners of that parcel, after | 15 |
| reasonable notice, real
estate refuse or neglect to remove the | 16 |
| nuisance greenery. The municipality may cut, trim, or remove | 17 |
| them and to collect , from the owners of that parcel,
private | 18 |
| property the reasonable removal cost thereof . | 19 |
| (b) The municipality's removal cost under this Section is a | 20 |
| lien upon the underlying parcel in accordance with Section | 21 |
| 11-20-15. | 22 |
| (c) For the purpose of this Section: | 23 |
| "Removal of nuisance greenery" or "removal activities" |
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| means the cutting of weeds or grass, the trimming of trees or | 2 |
| bushes, and the removal of nuisance bushes or trees. | 3 |
| "Removal cost" means the total cost of the removal | 4 |
| activity. | 5 |
| This cost is a lien upon the
real estate affected, superior | 6 |
| to all other liens and encumbrances, except
tax liens; provided | 7 |
| that within 60 days after such cost and expense is
incurred the | 8 |
| municipality, or person performing the service by authority of
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| the municipality, in his or its own name, files notice of lien | 10 |
| in the
office of the recorder in the county in which
such real | 11 |
| estate is
located or in the office of the Registrar of Titles | 12 |
| of such county if the
real estate affected is registered under | 13 |
| the Torrens system. The notice
shall consist of a sworn | 14 |
| statement setting out (1) a description of the
real estate | 15 |
| sufficient for identification thereof, (2) the amount of money
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| representing the cost and expense incurred or payable for the | 17 |
| service, and
(3) the date or dates when such cost and expense | 18 |
| was incurred by the
municipality. However, the lien of such | 19 |
| municipality shall not be valid as
to any purchaser whose | 20 |
| rights in and to such real estate have arisen
subsequent to the | 21 |
| cutting of weeds or grass, the trimming of trees or bushes, or | 22 |
| the removal of nuisance bushes or trees and prior to the filing | 23 |
| of such notice, and
the lien of such municipality shall not be | 24 |
| valid as to any mortgagee,
judgment creditor or other lienor | 25 |
| whose rights in and to such real estate
arise prior to the | 26 |
| filing of such notice. Upon payment of the cost and
expense by |
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| the owner of or persons interested in such property after | 2 |
| notice
of lien has been filed, the lien shall be released by | 3 |
| the municipality or
person in whose name the lien has been | 4 |
| filed and the release may be filed
of record as in the case of | 5 |
| filing notice of lien.
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| The cost of the cutting, trimming, or removal of weeds, | 7 |
| 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 | 9 |
| certified mail to,
the person to whom was sent the tax bill for | 10 |
| the general taxes on the property
for the last preceding year. | 11 |
| The notice shall be delivered or sent
after the cutting, | 12 |
| trimming, or removal of weeds, grass, trees, or bushes on the | 13 |
| property. The notice shall
state the substance of this Section | 14 |
| and the substance of any ordinance of the
municipality | 15 |
| implementing this Section and shall identify the property, by
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| common description, and the location of the weeds to be cut.
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| (Source: P.A. 95-183, eff. 8-14-07.)
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| (65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
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| Sec. 11-20-8. Pest extermination; liens. | 20 |
| (a) The corporate authorities of
each municipality may | 21 |
| provide pest-control activities on any parcel of private | 22 |
| property
for the extermination of pests in the municipality if , | 23 |
| and charge to
and
collect from the owners of and persons | 24 |
| interested in private property the
reasonable cost and expense | 25 |
| of preventing ingress of pests to
their property
and of pest |
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| extermination therein, after reasonable notice, the owners of | 2 |
| that parcel refuse or neglect to prevent the ingress of pests | 3 |
| to their property or to exterminate pests on their property. | 4 |
| The municipality may collect, from the owners of the underlying | 5 |
| parcel, the reasonable removal cost notice to such owners or
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| persons as
provided by ordinance and failures of such owners or | 7 |
| persons to comply .
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| (b) The municipality's removal cost under this Section is a | 9 |
| lien upon the underlying parcel in accordance with Section | 10 |
| 11-20-15. This cost and expense is a lien upon the real estate | 11 |
| affected, superior to
all other existing liens and | 12 |
| encumbrances, except tax liens if within 60
days after such | 13 |
| cost and expense is incurred the municipality, or person
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| performing the service by authority of the municipality, in his | 15 |
| or its own
name, files notice of lien in the office of the | 16 |
| recorder in the
county in which the real estate is located or | 17 |
| in the office of the
Registrar of Titles of such county if the | 18 |
| real estate affected is
registered under "An Act concerning | 19 |
| land titles", approved May 1, 1897,
as amended. The notice | 20 |
| shall consist of a sworn
statement setting out (1) a | 21 |
| description of the real estate sufficient for
identification | 22 |
| thereof, (2) the amount of money representing the cost and
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| expense incurred or payable for the service, and (3) the date | 24 |
| or dates when
such cost and expense was incurred by the | 25 |
| municipality. However, the lien
of such municipality shall not | 26 |
| be valid as to any purchaser, mortgagee,
judgment creditor, or |
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LRB096 08498 RLJ 18618 b |
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| other lienor whose rights in and to the real estate
arise | 2 |
| subsequent to the pest extermination and prior to the filing
of
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| the
notice of such lien in the office of the recorder, or in | 4 |
| the
office of the Registrar of Titles, as aforesaid. Upon | 5 |
| payment of the cost
and expense by the owner of or persons | 6 |
| interested in the property after
notice of lien has been filed, | 7 |
| the lien shall be released by the
municipality or person in | 8 |
| whose name the lien has been filed and the
release may be filed | 9 |
| of record as in the case of filing notice of lien. The
lien may | 10 |
| be enforced by proceedings to foreclose as in case of mortgages | 11 |
| or
mechanics' liens. Actions to foreclose this lien shall be | 12 |
| commenced
within one
year after the date of filing notice of | 13 |
| lien.
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| (c) For the purpose of this Section: | 15 |
| "Pests" , as used in this Section 11-20-8, mean undesirable | 16 |
| arthropods (including certain insects, spiders, mites, ticks, | 17 |
| and related organisms), wood infesting organisms, rats, mice, | 18 |
| and other obnoxious undesirable animals, but does not include a | 19 |
| feral cat, a "companion animal" as that term is defined in the | 20 |
| Humane Care for Animals Act (510 ILCS 70/), "animals" as that | 21 |
| term is defined in the Illinois Diseased Animals Act (510 ILCS | 22 |
| 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
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| "Pest-control activity" means the extermination of pests | 24 |
| or the prevention of the ingress of pests. | 25 |
| "Removal cost" means the total cost of the pest-control | 26 |
| activity.
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HB2451 Enrolled |
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LRB096 08498 RLJ 18618 b |
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| (Source: P.A. 94-572, eff. 8-12-05.)
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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. Removal of infected trees. | 4 |
| (a) The corporate authorities of each municipality may | 5 |
| provide for the
removal of elm trees infected with Dutch elm | 6 |
| disease or ash trees infected with the emerald ash borer | 7 |
| (Agrilus planipennis Fairmaire) from any parcel of private | 8 |
| property within the municipality if the owners of that parcel, | 9 |
| after reasonable notice, refuse or neglect to remove the | 10 |
| infected trees. The municipality may collect, from the owners | 11 |
| of the parcel, not
owned by the municipality or dedicated for | 12 |
| public use when the owner of
such property refuses or neglects | 13 |
| to remove any such tree, and to collect
from the property owner | 14 |
| the reasonable removal cost thereof . | 15 |
| (b) The municipality's removal cost under this Section is a | 16 |
| lien upon the underlying parcel in accordance with Section | 17 |
| 11-20-15. | 18 |
| (c) For the purpose of this Section, "removal cost" means | 19 |
| the total cost of the removal of the infected trees. | 20 |
| This cost is a lien
upon the real estate affected, superior | 21 |
| to all other liens and
encumbrances, except tax liens; provided | 22 |
| that notice has been given as
hereinafter described, and | 23 |
| further provided that within 60 days after such
cost and | 24 |
| expense is incurred the municipality, or person performing the
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| service by authority of the municipality, in his or its own |
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HB2451 Enrolled |
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LRB096 08498 RLJ 18618 b |
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| name, files
notice of lien in the office of the recorder in the | 2 |
| county in
which such real estate is located or in the office of | 3 |
| the Registrar of
Titles of such county if the real estate | 4 |
| affected is registered under "An
Act concerning land titles", | 5 |
| approved May 1, 1897, as amended. The notice
shall consist of a | 6 |
| sworn statement setting out
(1) a description of the real | 7 |
| estate sufficient for identification thereof,
(2) the amount of | 8 |
| money representing the cost and expense incurred or
payable for | 9 |
| the service, and (3) the date or dates when such cost and
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| expense was incurred by the municipality. However, the lien of | 11 |
| such
municipality shall not be valid as to any purchaser whose | 12 |
| rights in and to
such real estate have arisen subsequent to the | 13 |
| tree removal and prior to
the filing of such notice, and the | 14 |
| lien of such municipality shall not be
valid as to any | 15 |
| mortgagee, judgment creditor or other lienor whose rights
in | 16 |
| and to such real estate arise prior to the filing of such | 17 |
| notice. Upon
payment of the cost and expense by the owner of or | 18 |
| persons interested in
such property after notice of lien has | 19 |
| been filed, the lien shall be
released by the municipality or | 20 |
| person in whose name the lien has been
filed and the release | 21 |
| may be filed of record as in the case of filing
notice of lien.
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| The cost of such tree removal shall not be a lien upon the | 23 |
| real estate
affected unless a notice shall be personally served | 24 |
| or sent by registered
mail to the person to whom was sent the | 25 |
| tax bill for the general taxes for
the last preceding year on | 26 |
| the property, such notice to be delivered or
sent not less than |
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HB2451 Enrolled |
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| 30 days prior to the removal of the tree or trees
located | 2 |
| thereon. The notice shall contain the substance of this | 3 |
| section,
and of any ordinance of the municipality implementing | 4 |
| its provisions, and
identify the property, by common | 5 |
| description, and the tree or trees
affected.
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| (Source: P.A. 95-183, eff. 8-14-07.)
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| (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
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| Sec. 11-20-13. Removal of garbage, debris, and graffiti. | 9 |
| (a) The corporate authorities of each municipality may | 10 |
| provide for the
removal of garbage, debris, and graffiti from | 11 |
| any parcel of private property within the municipality if
when | 12 |
| the owner of that parcel such
property , after reasonable | 13 |
| notice, refuses or neglects to remove the such
garbage, debris, | 14 |
| and graffiti . The municipality and may collect , from the such | 15 |
| owner of the parcel,
the reasonable removal cost
thereof except | 16 |
| in the case of graffiti . | 17 |
| (b) The municipality's removal cost under this Section is a | 18 |
| lien upon the underlying parcel in accordance with Section | 19 |
| 11-20-15. This cost is a lien upon the real
estate affected, | 20 |
| superior to all
subsequent liens and encumbrances, except tax | 21 |
| liens, if within 60 days
after such cost and expense is | 22 |
| incurred the municipality, or person
performing the service by | 23 |
| authority of the municipality, in his or its own
name, files | 24 |
| notice of lien in the office of the recorder in the
county in | 25 |
| which such real estate is located or in the office of the
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HB2451 Enrolled |
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LRB096 08498 RLJ 18618 b |
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| Registrar of Titles of such county if the real estate affected | 2 |
| is
registered under "An Act concerning land titles", approved | 3 |
| May 1, 1897,
as amended. The notice shall consist of a sworn
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| statement setting out (1) a description of the real estate | 5 |
| sufficient for
identification thereof, (2) the amount of money | 6 |
| representing the cost and
expense incurred or payable for the | 7 |
| service, and (3) the date or dates when
such cost and expense | 8 |
| was incurred by the municipality. However, the lien
of such | 9 |
| municipality shall not be valid as to any purchaser whose | 10 |
| rights in
and to such real estate have arisen subsequent to | 11 |
| removal of the garbage
and debris and prior to the filing of | 12 |
| such notice, and the lien of such
municipality shall not be | 13 |
| valid as to any mortgagee, judgment creditor or
other lienor | 14 |
| whose rights in and to such real estate arise prior to the
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| filing of such notice. Upon payment of the cost and expense by | 16 |
| the owner of
or persons interested in such property after | 17 |
| notice of lien has been filed,
the lien shall be released by | 18 |
| the municipality or person in whose name the
lien has been | 19 |
| filed and the release may be filed of record as in the case
of | 20 |
| filing notice of lien. The lien may be enforced by proceedings | 21 |
| to
foreclose as in case of mortgages or mechanics' liens. An | 22 |
| action
to foreclose
this lien shall be commenced within 2 years | 23 |
| after the date of filing notice
of lien.
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| (c) This amendatory Act of 1973 does not apply to any | 25 |
| municipality which is
a home rule unit.
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| (d) For the purpose of this Section, "removal cost" means |
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| the total cost of the removal of garbage and debris. The term | 2 |
| "removal cost" does not include any cost associated with the | 3 |
| removal of graffiti. | 4 |
| (Source: P.A. 90-292, eff. 1-1-98.)
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| (65 ILCS 5/11-20-15 new) | 6 |
| Sec. 11-20-15. Lien for removal costs. | 7 |
| (a) If the municipality incurs a removal cost under Section | 8 |
| 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any | 9 |
| underlying parcel, then that cost is a lien upon that | 10 |
| underlying parcel. This lien is superior to all other liens and | 11 |
| encumbrances, except tax liens. | 12 |
| (b) To perfect a lien under this Section, the municipality | 13 |
| must, within one year after the removal cost is incurred, file | 14 |
| notice of lien in the office of the recorder in the county in | 15 |
| which the underlying parcel is located or, if the underlying | 16 |
| parcel is registered under the Torrens system, in the office of | 17 |
| the Registrar of Titles of that county. The notice must consist | 18 |
| of a sworn statement setting out: | 19 |
| (1) a description of the underlying parcel that | 20 |
| sufficiently identifies the parcel; | 21 |
| (2) the amount of the removal cost; and | 22 |
| (3) the date or dates when the removal cost was | 23 |
| incurred by the municipality. | 24 |
| If, for any one parcel, the municipality engaged in any | 25 |
| removal activity on more than one occasion during the course of |
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| one year, then the municipality may combine any or all of the | 2 |
| costs of each of those activities into a single notice of lien. | 3 |
| (c) A lien under this Section is not valid as to: (i) any | 4 |
| purchaser whose rights in and to the underlying parcel arose | 5 |
| after the removal activity but before the filing of the notice | 6 |
| of lien; or (ii) any mortgagee, judgment creditor, or other | 7 |
| lienor whose rights in and to the underlying parcel arose | 8 |
| before the filing of the notice of lien. | 9 |
| (d) The removal cost is not a lien on the underlying parcel | 10 |
| unless a notice is personally served on, or sent by certified | 11 |
| mail to, the person to whom was sent the tax bill for the | 12 |
| general taxes on the property for the taxable year immediately | 13 |
| preceding the removal activities. The notice must be delivered | 14 |
| or sent after the removal activities have been performed, and | 15 |
| it must: (i) state the substance of this Section and the | 16 |
| substance of any ordinance of the municipality implementing | 17 |
| this Section; (ii) identify the underlying parcel, by common | 18 |
| description; and (iii) describe the removal activity. | 19 |
| (e) A lien under this Section may be enforced by | 20 |
| proceedings to foreclose as in case of mortgages or mechanics' | 21 |
| liens. An action to foreclose a lien under this Section must be | 22 |
| commenced within 2 years after the date of filing notice of | 23 |
| lien. | 24 |
| (f) Any person who performs a removal activity by the | 25 |
| authority of the municipality may, in his or her own name, file | 26 |
| a lien and foreclose on that lien in the same manner as a |
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| municipality under this Section. | 2 |
| (g) A failure to file a foreclosure action does not, in any | 3 |
| way, affect the validity of the lien against the underlying | 4 |
| parcel. | 5 |
| (h) Upon payment of the lien cost by the owner of the | 6 |
| underlying parcel after notice of lien has been filed, the | 7 |
| municipality (or its agent under subsection (f)) shall release | 8 |
| the lien, and the release may be filed of record by the owner | 9 |
| at his or her sole expense as in the case of filing notice of | 10 |
| lien. | 11 |
| (i) For the purposes of this Section: | 12 |
| "Lien cost" means the removal cost and the filing costs for | 13 |
| any notice of lien under subsection (b). | 14 |
| "Removal activity" means any activity for which a removal | 15 |
| cost was incurred. | 16 |
| "Removal cost" means a removal cost as defined under | 17 |
| Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13. | 18 |
| "Underlying parcel" means a parcel of private property upon | 19 |
| which a removal activity was performed. | 20 |
| "Year" means a 365-day period. | 21 |
| (j) This Section applies only to liens filed after the | 22 |
| effective date of this amendatory Act of the 96th General | 23 |
| Assembly.
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| Section 99. Effective date. This Act takes effect upon | 25 |
| becoming law.
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