Full Text of HB5453 97th General Assembly
HB5453ham001 97TH GENERAL ASSEMBLY | Rep. Luis Arroyo Filed: 3/27/2012
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| 1 | | AMENDMENT TO HOUSE BILL 5453
| 2 | | AMENDMENT NO. ______. Amend House Bill 5453 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Vacant Building in Foreclosure Responsibility Act. | 6 | | Section 5. Definitions. As used in this Act: | 7 | | "Owner" means any person who alone, jointly or severally | 8 | | with others: (i) has legal title to any real estate with or | 9 | | without accompanying actual possession of the real estate; or | 10 | | (ii) is a mortgagee who holds a mortgage on the real estate, or | 11 | | is an assignee or agent of the mortgagee.
| 12 | | "Real estate" has the meaning ascribed to that term in | 13 | | Section 15-1213 of the Code of Civil Procedure. | 14 | | "Mortgage" means any consensual lien created by a written | 15 | | instrument which grants or
retains an interest in real estate | 16 | | to secure a debt or other obligation. The term includes, |
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| 1 | | without limitation: (i) mortgages securing reverse mortgage | 2 | | loans; (ii) mortgages
securing revolving credit loans; (iii) | 3 | | every deed conveying real estate, although an absolute | 4 | | conveyance in its terms, which shall have been intended only as | 5 | | a security in the nature of a mortgage; and (iv) equitable | 6 | | mortgages. The term does not include: (i) a mechanics or | 7 | | materialman lien; (ii) a judgment; (iii) a receiver's | 8 | | certificate, or (iv) a tax lien.
| 9 | | "Mortgagee" means: (i) the holder of an indebtedness, the | 10 | | obligee of a non-monetary
obligation secured by a mortgage, any | 11 | | assignee of the mortgage, or any person designated or | 12 | | authorized to act on behalf of a holder; (ii) any person or | 13 | | entity that previously initiated a foreclosure of the vacant | 14 | | residential property or obtained a
foreclosure judgment | 15 | | against the vacant residential property if the deed to the | 16 | | vacant residential property has not been transferred to the | 17 | | purchaser at the judicial sale; (iii) any
person claiming | 18 | | through a mortgagee as successor; and (iv) any person | 19 | | identified as such in a recorded document which has not been | 20 | | released, assigned, or superseded of record.
| 21 | | "Mortgagor" means (i) the person whose interest in the real | 22 | | estate is the subject of the mortgage and (ii) any person | 23 | | claiming through a mortgagor as successor. Where a mortgage is | 24 | | executed by a trustee of a land trust, the mortgagor is the | 25 | | trustee and not the beneficiary or beneficiaries. | 26 | | "Vacant building" means a structure located on real estate |
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| 1 | | which is lacking habitual presence of human beings who have a | 2 | | legal right to be on the premises, or at which substantially | 3 | | all lawful business, construction operations, or residential | 4 | | occupancy has ceased, or which is substantially devoid of | 5 | | content. In determining whether a building is vacant, it is | 6 | | relevant to consider, among other factors, the percentage of | 7 | | the overall square footage of the building or floor to the | 8 | | occupied space, the condition and value of any items in the | 9 | | building and the presence of rental or for sale signs on the | 10 | | property; provided that a residential property shall not be | 11 | | deemed vacant if it has been used as a residence by a person | 12 | | entitled to possession for a period of at least 3 months within | 13 | | the previous 9 months and a person entitled to possession | 14 | | intends to resume residing at the property; and further | 15 | | provided that multi-family residential property containing 10 | 16 | | or more dwelling units shall be considered vacant when 90% | 17 | | percent or more of the dwelling units are unoccupied.
| 18 | | Section 10. Vacant building in foreclosure; owner | 19 | | registration statement. | 20 | | (a) The owner and the mortgagee of any vacant building | 21 | | located on real estate that is the subject of a foreclosure | 22 | | proceeding shall each, within 30 days after the foreclosure | 23 | | proceeding commenced or within 30 days after assuming ownership | 24 | | of a vacant building, whichever is sooner, file a registration | 25 | | statement for that building with the applicable municipality or |
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| 1 | | county on forms provided by the applicable municipality or | 2 | | county for that purpose. If a vacant building is known to exist | 3 | | within the zoning jurisdiction of a municipality, an owner or | 4 | | mortgagee need not report that building to the county in which | 5 | | the building is located. The registration shall remain valid | 6 | | for 6 months from the date of registration. The owner and | 7 | | mortgagee are each required to renew the registration for | 8 | | successive 6-month periods as long as the building remains | 9 | | vacant and each shall pay a registration or renewal fee in the | 10 | | amount prescribed in Section 20 for each registered building; | 11 | | however, all eleemosynary, religious, educational, benevolent, | 12 | | or charitable associations organized on a not-for-profit basis | 13 | | and all governmental agencies are exempt from the payment of | 14 | | the registration fee.
| 15 | | (b) In addition to other information required by the | 16 | | applicable municipality or county, the registration statement | 17 | | shall include the name, street address, and telephone number of | 18 | | a natural person 21 years of age or older who is designated by | 19 | | the owner or the mortgagee as the authorized agent for | 20 | | receiving notices of violations and for receiving process, in | 21 | | any court proceeding or administrative enforcement proceeding, | 22 | | on behalf of the owner or the mortgagee in connection with the | 23 | | enforcement of this Act. This person must maintain an office in | 24 | | the county in which the property is located or must actually | 25 | | reside within the county. An owner or a mortgagee who is a | 26 | | natural person and who meets the requirements of this |
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| 1 | | subsection as to location of residence or office may designate | 2 | | himself or herself as agent. By designating an authorized agent | 3 | | under the provisions of this subsection, the owner or the | 4 | | mortgagee is consenting to receive any and all notices of | 5 | | violations concerning the registered building and all process | 6 | | in any court proceeding or administrative enforcement | 7 | | proceeding brought to enforce provisions concerning the | 8 | | registered building by service of the notice or process on the | 9 | | authorized agent. Any owner or mortgagee who has designated an | 10 | | authorized agent under the provisions of this subsection shall | 11 | | be deemed to consent to the continuation of the agent's | 12 | | designation for the purposes of this Act until the owner or | 13 | | mortgagee notifies the applicable municipality or county in | 14 | | writing of a change of authorized agent or until the owner or | 15 | | the mortgagee files a new registration statement.
| 16 | | (c) The owner or mortgagee shall notify the municipality or | 17 | | county, within 20 days, of any change in the registration | 18 | | information by filing an amended registration statement on a | 19 | | form provided by the applicable municipality or county for that | 20 | | purpose. The registration statement shall be deemed prima facie | 21 | | proof of the statements therein contained in any administrative | 22 | | or court proceeding against the owner or the mortgagee of the | 23 | | building instituted by the applicable municipality or county. | 24 | | (d) After filing a registration statement, the building | 25 | | owner and mortgagee shall each provide access to the applicable | 26 | | municipality or county to conduct an exterior and interior |
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| 1 | | inspection of the building to determine compliance with this | 2 | | Act and the applicable municipal or county ordinances, | 3 | | following reasonable notice, during the period covered by the | 4 | | initial registration or any subsequent renewal.
| 5 | | (e) Any owner or mortgagee who fails to register a vacant | 6 | | building under the provisions of this Section shall further be | 7 | | deemed to consent to receive, by posting at the building, any | 8 | | and all notices of any violation of this Act or of any | 9 | | violation of an applicable municipal or county ordinance and | 10 | | all process in any court proceeding or administrative | 11 | | proceeding brought to enforce this Act or an applicable | 12 | | municipal or county ordinance concerning the building.
| 13 | | (f) The applicable municipality or county may receive | 14 | | information about a building being vacant and in foreclosure | 15 | | from the United States Postal Service or any person, lender, | 16 | | real estate broker, or title insurance company. | 17 | | Section 15. Registration and renewal fees. | 18 | | (a) The registration fee for each registered vacant | 19 | | building is $250. | 20 | | (b) The renewal fee for each registered vacant building is | 21 | | $250. | 22 | | (c) The registration and renewal fee shall be paid to the | 23 | | municipality or county receiving the registration or renewal | 24 | | from an owner or mortgagee. | 25 | | (d) Fifteen percent of each registration or renewal fee |
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| 1 | | shall be paid by the municipality or county, as the case may | 2 | | be, to the Vacant Residential Building Database Fund in the | 3 | | county treasury of the county. | 4 | | Section 20. Vacant building access. After filing a | 5 | | registration statement, the building owner and mortgagee shall | 6 | | each provide, following reasonable notice, access to the | 7 | | municipality or the county in which the property is located to
| 8 | | conduct an exterior and interior inspection of the building to | 9 | | determine
compliance with this Act or with the applicable | 10 | | municipal or county ordinance during the period covered by the | 11 | | initial registration or
any subsequent renewal.
| 12 | | Section 25. Minimum requirements for vacant buildings. In | 13 | | addition to any other applicable municipal or county ordinance | 14 | | requirements, each vacant building must be kept in compliance | 15 | | with the following requirements for as long as the building | 16 | | remains vacant: | 17 | | (1) Real estate maintenance standards. The real estate the | 18 | | building stands on and the surrounding public way shall be | 19 | | maintained as follows:
| 20 | | (A) all grass and weeds on the premises including | 21 | | abutting sidewalks, gutters, and alleys shall be kept below | 22 | | 10 inches in height, and all dead or broken trees, tree | 23 | | limbs, or shrubbery shall be cut and removed from the
| 24 | | premises;
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| 1 | | (B) junk, rubbish, waste, and any material that creates | 2 | | a health, safety, or fire hazard shall not be permitted to | 3 | | accumulate; | 4 | | (C) no portion of the real estate nor any structure, | 5 | | vehicle, receptacle, or object on the real estate shall be | 6 | | maintained or operated in any manner that causes or | 7 | | produces any health or safety hazard;
| 8 | | (D) the real estate shall be maintained so that water | 9 | | does not accumulate or stand on the ground; and
| 10 | | (E) all fences and gates shall be maintained in sound | 11 | | condition and in good repair.
| 12 | | (2) Exterior maintenance standards. The exterior of the | 13 | | building shall be enclosed, secured, and maintained as follows:
| 14 | | (A) foundations, basements, cellars, and crawlspaces | 15 | | shall be maintained in sound and watertight condition | 16 | | adequate to support the building, and shall be protected | 17 | | against the entry of rodents or other animals;
| 18 | | (B) exterior walls shall be free of holes, breaks, and | 19 | | any other conditions which might admit rain or dampness to | 20 | | the interior and shall be protected against the entry of | 21 | | rodents or other animals;
| 22 | | (C) exterior windows and doors shall be maintained in | 23 | | sound condition and good repair; | 24 | | (D) the roof shall be adequately supported, and shall | 25 | | be maintained in weather-tight condition; the gutters, | 26 | | downspouts, scuppers, and appropriate flashing shall be in |
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| 1 | | good repair and adequate to remove the water from the | 2 | | building or structure;
| 3 | | (E) chimneys and flues shall be kept in sound, | 4 | | functional, and weather-tight condition;
| 5 | | (F) every outside stair, porch, stoop, deck, veranda, | 6 | | balcony, and walk shall be maintained in sound condition | 7 | | for its purpose; and
| 8 | | (G) all exit areas shall have continuous exterior | 9 | | lighting from dusk to dawn which may be provided by | 10 | | battery-powered or solar-powered lighting.
| 11 | | (3) Interior maintenance standards. The interior of any | 12 | | building shall be maintained as follows:
| 13 | | (A) it is prohibited to accumulate or permit the | 14 | | accumulation of junk, trash, or any other materials in such | 15 | | a manner that may produce any health, fire, or safety | 16 | | hazard on the premises;
| 17 | | (B) every foundation, roof, floor, wall, stair, | 18 | | ceiling, and any other structural support shall be safe and | 19 | | capable of supporting the loads of normal use;
| 20 | | (C) any plumbing fixtures shall be maintained with no | 21 | | leaking pipes; and all pipes for water shall be either | 22 | | completely drained or heated to resist being frozen;
| 23 | | (D) every exit door shall be secured with an internal | 24 | | deadbolt lock and be capable of being opened from the | 25 | | inside easily and without the use of a key or special | 26 | | knowledge;
and |
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| 1 | | (E) every owner and mortgagee shall be responsible for | 2 | | the extermination of insects, rodents, and other vermin in | 3 | | or about the premises.
| 4 | | (4) Building security standards. The following standards | 5 | | apply to the securing of vacant buildings:
| 6 | | (A) all building openings shall be closed and secured | 7 | | using secure doors, glazed windows, or commercial-quality | 8 | | steel security panels or filled with like-kind material as | 9 | | the surrounding wall, as applicable, to prevent entry by | 10 | | unauthorized persons;
| 11 | | (B) at least one building entrance shall be accessible | 12 | | from the exterior and secured with a door that is locked to | 13 | | allow access only to authorized persons; a minimum of 2 | 14 | | exit doors shall be available to exit from the interior of | 15 | | the building;
and | 16 | | (C) if a building has been vacant for 6 months or | 17 | | longer, or upon any renewal of the registration statement | 18 | | required in Section 10, the owner or mortgagee must | 19 | | implement and provide proof satisfactory to the applicable | 20 | | municipality or county that the building meets the | 21 | | standards stated in this Section.
| 22 | | Section 30. Rules. A municipality or county may adopt | 23 | | ordinances for the administration of this Act. | 24 | | Section 35. Penalties. Any owner or mortgagee who violates |
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| 1 | | any provision of this Act may be punished by a fine of not less | 2 | | than $500 and not more than $1,000 for each offense. Every day | 3 | | that a violation continues shall constitute a separate and | 4 | | distinct offense.
| 5 | | Section 90. Home rule. A home rule unit may not regulate | 6 | | vacant buildings in foreclosure in a manner less restrictive | 7 | | than the regulation by the State of vacant buildings in | 8 | | foreclosure under this Act. This Section is a limitation under | 9 | | subsection (i) of Section 6 of Article VII of the Illinois | 10 | | Constitution on the concurrent exercise by home rule units of | 11 | | powers and functions exercised by the State.
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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