Full Text of SB1380 99th General Assembly
SB1380 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1380 Introduced 2/20/2015, by Sen. David Koehler SYNOPSIS AS INTRODUCED: |
| 65 ILCS 5/11-20-15 | | 65 ILCS 5/11-20-15.1 | | 65 ILCS 5/11-31-1 | from Ch. 24, par. 11-31-1 |
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Amends the Municipal Code. Provides that liens obtained for the removal of neglected weeds, grass, trees, and bushes; pest extermination; removal of infected trees; removal of garbage, debris, and graffiti; the costs of removal, securing, and enclosing on abandoned residential property; and the cost of the demolition, repair, enclosure, or removal of dangerous and unsafe buildings or uncompleted and abandoned buildings shall also affix to all real property of the property owner or owners. Further provides that the notice requirements apply to liens against all real property of the property owner.
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| | A BILL FOR |
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| | | SB1380 | | LRB099 09371 AWJ 29577 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-20-15, 11-20-15.1, and 11-31-1 as | 6 | | follows: | 7 | | (65 ILCS 5/11-20-15) | 8 | | Sec. 11-20-15. Lien for removal costs. | 9 | | (a) If the municipality incurs a removal cost under Section | 10 | | 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any | 11 | | underlying parcel, then that cost is a lien upon that | 12 | | underlying parcel and all other real property of the property | 13 | | owner or owners . This lien is superior to all other liens and | 14 | | encumbrances, except tax liens and as otherwise provided in | 15 | | subsection (c)
of this Section. | 16 | | (b) To perfect a lien under this Section, the municipality | 17 | | must, within one year after the removal cost is incurred, file | 18 | | notice of lien in the office of the recorder in the county in | 19 | | which the underlying parcel is located or, if the underlying | 20 | | parcel is registered under the Torrens system, in the office of | 21 | | the Registrar of Titles of that county. The notice must consist | 22 | | of a sworn statement setting out: | 23 | | (1) a description of the underlying parcel that |
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| 1 | | sufficiently identifies the parcel; | 2 | | (2) the amount of the removal cost; and | 3 | | (3) the date or dates when the removal cost was | 4 | | incurred by the municipality. | 5 | | If, for any one parcel, the municipality engaged in any | 6 | | removal activity on more than one occasion during the course of | 7 | | one year, then the municipality may combine any or all of the | 8 | | costs of each of those activities into a single notice of lien. | 9 | | (c) A lien under this Section is not valid as to: (i) any | 10 | | purchaser whose rights in and to the underlying parcel arose | 11 | | after the removal activity but before the filing of the notice | 12 | | of lien; or (ii) any mortgagee, judgment creditor, or other | 13 | | lienor whose rights in and to the underlying parcel arose | 14 | | before the filing of the notice of lien. | 15 | | (d) The removal cost is not a lien on the underlying parcel | 16 | | or other real property of the property owner or owners unless a | 17 | | notice is personally served on, or sent by certified mail to, | 18 | | the person to whom was sent the tax bill for the general taxes | 19 | | on the property for the taxable year immediately preceding the | 20 | | removal activities. The notice must be delivered or sent after | 21 | | the removal activities have been performed, and it must: (i) | 22 | | state the substance of this Section and the substance of any | 23 | | ordinance of the municipality implementing this Section; (ii) | 24 | | identify the underlying parcel, by common description; and | 25 | | (iii) describe the removal activity. | 26 | | (e) A lien under this Section may be enforced by |
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| 1 | | proceedings to foreclose as in case of mortgages or mechanics' | 2 | | liens. An action to foreclose a lien under this Section must be | 3 | | commenced within 2 years after the date of filing notice of | 4 | | lien. | 5 | | (f) Any person who performs a removal activity by the | 6 | | authority of the municipality may, in his or her own name, file | 7 | | a lien and foreclose on that lien in the same manner as a | 8 | | municipality under this Section. | 9 | | (g) A failure to file a foreclosure action does not, in any | 10 | | way, affect the validity of the lien against the underlying | 11 | | parcel or other parcels owned by the property owner or owners . | 12 | | (h) Upon payment of the lien cost by the owner of the | 13 | | underlying parcel after notice of lien has been filed, the | 14 | | municipality (or its agent under subsection (f)) shall release | 15 | | the lien, and the release may be filed of record by the owner | 16 | | at his or her sole expense as in the case of filing notice of | 17 | | lien. | 18 | | (i) For the purposes of this Section: | 19 | | "Lien cost" means the removal cost and the filing costs for | 20 | | any notice of lien under subsection (b). | 21 | | "Removal activity" means any activity for which a removal | 22 | | cost was incurred. | 23 | | "Removal cost" means a removal cost as defined under | 24 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13. | 25 | | "Underlying parcel" means a parcel of private property upon | 26 | | which a removal activity was performed. |
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| 1 | | "Year" means a 365-day period. | 2 | | (j) This Section applies only to liens filed after August | 3 | | 14, 2009 (the effective date of Public Act 96-462).
| 4 | | (k) This Section shall not apply to a lien filed pursuant | 5 | | to Section 11-20-15.1. | 6 | | (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10; | 7 | | 96-1000, eff. 7-2-10.) | 8 | | (65 ILCS 5/11-20-15.1)
| 9 | | Sec. 11-20-15.1. Lien for costs of removal, securing, and | 10 | | enclosing on abandoned residential property. | 11 | | (a) If the municipality elects to incur a removal cost | 12 | | pursuant to subsection (d) of Section 11-20-7, subsection (d) | 13 | | of Section 11-20-8, subsection (d) of Section 11-20-12, or | 14 | | subsection (e) of Section 11-20-13, or a securing or enclosing | 15 | | cost pursuant to Section 11-31-1.01 with respect to an | 16 | | abandoned residential property, then that cost is a lien upon | 17 | | the underlying parcel of that abandoned residential property | 18 | | and all real property of the property owner or owners . This | 19 | | lien is superior to all other liens and encumbrances, except | 20 | | tax liens and as otherwise provided in this Section. | 21 | | (b) To perfect a lien under this Section, the municipality | 22 | | must, within one year after the cost is incurred for the | 23 | | activity, file notice of the lien in the office of the recorder | 24 | | in the county in which the abandoned residential property or | 25 | | any real property of the property owner or owners is located |
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| 1 | | or, if the abandoned residential property or any real property | 2 | | of the property owner or owners is registered under the Torrens | 3 | | system, in the office of the Registrar of Titles of that | 4 | | county, a sworn statement setting out: | 5 | | (1) a description of the abandoned residential | 6 | | property that sufficiently identifies the parcel; | 7 | | (2) the amount of the cost of the activity; | 8 | | (3) the date or dates when the cost for the activity | 9 | | was incurred by the municipality; and | 10 | | (4) a statement that the lien has been filed pursuant | 11 | | to subsection (d) of Section 11-20-7, subsection (d) of | 12 | | Section 11-20-8, subsection (d) of Section 11-20-12, | 13 | | subsection (e) of Section 11-20-13, or Section 11-31-1.01, | 14 | | as applicable. | 15 | | If, for any abandoned residential property, the | 16 | | municipality engaged in any activity on more than one occasion | 17 | | during the course of one year, then the municipality may | 18 | | combine any or all of the costs of each of those activities | 19 | | into a single notice of lien. | 20 | | (c) To enforce a lien pursuant to this Section, the | 21 | | municipality must maintain contemporaneous records that | 22 | | include, at a minimum: (i) a dated statement of finding by the | 23 | | municipality that the property for which the work is to be | 24 | | performed has become abandoned residential property, which | 25 | | shall include (1) the date when the property was first known or | 26 | | observed to be unoccupied by any lawful occupant or occupants, |
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| 1 | | (2) a description of the actions taken by the municipality to | 2 | | contact the legal owner or owners of the property identified on | 3 | | the recorded mortgage, or, if known, any agent of the owner or | 4 | | owners, including the dates such actions were taken, and (3) a | 5 | | statement that no contacts were made with the legal owner or | 6 | | owners or their agents as a result of such actions, (ii) a | 7 | | dated certification by an authorized official of the | 8 | | municipality of the necessity and specific nature of the work | 9 | | to be performed, (iii) a copy of the agreement with the person | 10 | | or entity performing the work that includes the legal name of | 11 | | the person or entity, the rate or rates to be charged for | 12 | | performing the work, and an estimate of the total cost of the | 13 | | work to be performed, (iv) detailed invoices and payment | 14 | | vouchers for all payments made by the municipality for such | 15 | | work, and (v) a statement as to whether the work was engaged | 16 | | through a competitive bidding process, and if so, a copy of all | 17 | | proposals submitted by the bidders for such work. | 18 | | (d) A lien under this Section shall be enforceable | 19 | | exclusively at the hearing for confirmation of sale of the | 20 | | abandoned residential property that is held pursuant to | 21 | | subsection (b) of Section 15-1508 of the Code of Civil | 22 | | Procedure and shall be limited to a claim of interest in the | 23 | | proceeds of the sale and subject to the requirements of this | 24 | | Section. Any mortgagee who holds a mortgage on the property, or | 25 | | any beneficiary or trustee who holds a deed of trust on the | 26 | | property, may contest the lien or the amount of the lien at any |
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| 1 | | time during the foreclosure proceeding upon motion and notice | 2 | | in accordance with court rules applicable to motions generally. | 3 | | Grounds for forfeiture of the lien or the superior status of | 4 | | the lien granted by subsection (a) of this Section shall | 5 | | include, but not be limited to, a finding by the court that: | 6 | | (i) the municipality has not complied with subsection (b) or | 7 | | (c) of this Section, (ii) the scope of the work was not | 8 | | reasonable under the circumstances, (iii) the work exceeded the | 9 | | authorization for the work to be performed under subsection (a) | 10 | | of Section 11-20-7, subsection (a) of Section 11-20-8, | 11 | | subsection (a) of Section 11-20-12, subsection (a) of Section | 12 | | 11-20-13, or subsection (a) of Section 11-31-1.01, as | 13 | | applicable, or (iv) the cost of the services rendered or | 14 | | materials provided was not commercially reasonable. Forfeiture | 15 | | of the superior status of the lien otherwise granted by this | 16 | | Section shall not constitute a forfeiture of the lien as a | 17 | | subordinate lien. | 18 | | (e) Upon payment of the amount of a lien filed under this | 19 | | Section by the mortgagee, servicer, owner, or any other person, | 20 | | the municipality shall release the lien, and the release may be | 21 | | filed of record by the person making such payment at the | 22 | | person's sole expense as in the case of filing notice of lien. | 23 | | (f) Notwithstanding any other provision of this Section, a | 24 | | municipality may not file a lien pursuant to this Section for | 25 | | activities performed pursuant to Section 11-20-7, Section | 26 | | 11-20-8, Section 11-20-12, Section 11-20-13, or Section |
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| 1 | | 11-31-1.01, if: (i) the mortgagee or servicer of the abandoned | 2 | | residential property has provided notice to the municipality | 3 | | that the mortgagee or servicer has performed or will perform | 4 | | the remedial actions specified in the notice that the | 5 | | municipality otherwise might perform pursuant to subsection | 6 | | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 7 | | subsection (d) of Section 11-20-12, subsection (e) of Section | 8 | | 11-20-13, or Section 11-31-1.01, provided that the remedial | 9 | | actions specified in the notice have been performed or are | 10 | | performed or initiated in good faith within 30 days of such | 11 | | notice; or (ii) the municipality has provided notice to the | 12 | | mortgagee or servicer of a problem with the property requiring | 13 | | the remedial actions specified in the notice that the | 14 | | municipality otherwise would perform pursuant to subsection | 15 | | (d) of Section 11-20-7, subsection (d) of Section 11-20-8, | 16 | | subsection (d) of Section 11-20-12, subsection (e) of Section | 17 | | 11-20-13, or Section 11-31-1.01, and the mortgagee or servicer | 18 | | has performed or performs or initiates in good faith the | 19 | | remedial actions specified in the notice within 30 days of such | 20 | | notice. | 21 | | (g) This Section and subsection (d) of Section 11-20-7, | 22 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 23 | | 11-20-12, subsection (e) of Section 11-20-13, or Section | 24 | | 11-31-1.01 shall apply only to activities performed, costs | 25 | | incurred, and liens filed after the effective date of this | 26 | | amendatory Act of the 96th General Assembly. |
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| 1 | | (h) For the purposes of this Section and subsection (d) of | 2 | | Section 11-20-7, subsection (d) of Section 11-20-8, subsection | 3 | | (d) of Section 11-20-12, subsection (e) of Section 11-20-13, or | 4 | | Section 11-31-1.01: | 5 | | "Abandoned residential property" means any type of | 6 | | permanent residential dwelling unit, including detached single | 7 | | family structures, and townhouses, condominium units and | 8 | | multifamily rental apartments covering the entire property, | 9 | | and manufactured homes treated under Illinois law as real | 10 | | estate and not as personal property, that has been unoccupied | 11 | | by any lawful occupant or occupants for at least 90 days, and | 12 | | for which after such 90 day period, the municipality has made | 13 | | good faith efforts to contact the legal owner or owners of the | 14 | | property identified on the recorded mortgage, or, if known, any | 15 | | agent of the owner or owners, and no contact has been made. A | 16 | | property for which the municipality has been given notice of | 17 | | the order of confirmation of sale pursuant to subsection (b-10) | 18 | | of Section 15-1508 of the Code of Civil Procedure shall not be | 19 | | deemed to be an abandoned residential property for the purposes | 20 | | of subsection (d) of Section 11-20-7, subsection (d) of Section | 21 | | 11-20-8, subsection (d) of Section 11-20-12, subsection (e) of | 22 | | Section 11-20-13, and Section 11-31-1.01 of this Code. | 23 | | "MERS program" means the nationwide Mortgage Electronic | 24 | | Registration System approved by Fannie Mae, Freddie Mac, and | 25 | | Ginnie Mae that has been created by the mortgage banking | 26 | | industry with the mission of registering every mortgage loan in |
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| 1 | | the United States to lawfully make information concerning each | 2 | | residential mortgage loan and the property securing it | 3 | | available by Internet access to mortgage originators, | 4 | | servicers, warehouse lenders, wholesale lenders, retail | 5 | | lenders, document custodians, settlement agents, title | 6 | | companies, insurers, investors, county recorders, units of | 7 | | local government, and consumers. | 8 | | (i) Any entity or person who performs a removal, securing, | 9 | | or enclosing activity pursuant to the authority of a | 10 | | municipality under subsection (d) of Section 11-20-7, | 11 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 12 | | 11-20-12, subsection (e) of Section 11-20-13, or Section | 13 | | 11-31-1.01, may, in its, his, or her own name, file a lien | 14 | | pursuant to subsection (b) of this Section and appear in a | 15 | | foreclosure action on that lien pursuant to subsection (d) of | 16 | | this Section in the place of the municipality, provided that | 17 | | the municipality shall remain subject to subsection (c) of this | 18 | | Section, and such party shall be subject to all of the | 19 | | provisions in this Section as if such party were the | 20 | | municipality. | 21 | | (i-5) All amounts received by the municipality for costs | 22 | | incurred pursuant to this Section
for which the municipality | 23 | | has been reimbursed under Section 7.31 of the Illinois Housing | 24 | | Development Act
shall be remitted to the State Treasurer for | 25 | | deposit into the Abandoned Residential Property
Municipality | 26 | | Relief Fund. |
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| 1 | | (j) If prior to subsection (d) of Section 11-20-7, | 2 | | subsection (d) of Section 11-20-8, subsection (d) of Section | 3 | | 11-20-12, and subsection (e) of Section 11-20-13 becoming | 4 | | inoperative a lien is filed pursuant to any of those | 5 | | subsections, then the lien shall remain in full force and | 6 | | effect after the subsections have become inoperative, subject | 7 | | to all of the provisions of this Section. If prior to the | 8 | | repeal of Section 11-31-1.01 a lien is filed pursuant to | 9 | | Section 11-31-1.01, then the lien shall remain in full force | 10 | | and effect after the repeal of Section 11-31-1.01, subject to | 11 | | all of the provisions of this Section.
| 12 | | (Source: P.A. 96-856, eff. 3-1-10; 96-1419, eff. 10-1-10.)
| 13 | | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| 14 | | Sec. 11-31-1. Demolition, repair, enclosure, or | 15 | | remediation.
| 16 | | (a) The corporate authorities of each municipality may | 17 | | demolish, repair,
or enclose or cause the demolition, repair, | 18 | | or enclosure of
dangerous and unsafe buildings or uncompleted | 19 | | and abandoned buildings
within the territory of the | 20 | | municipality and may remove or cause the
removal of garbage, | 21 | | debris, and other hazardous, noxious, or unhealthy
substances | 22 | | or materials from those buildings. In any county
having adopted | 23 | | by referendum or otherwise a county health department as
| 24 | | provided by Division 5-25 of the Counties Code or its | 25 | | predecessor, the
county board of that county may exercise those |
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| 1 | | powers with regard to
dangerous and unsafe buildings or | 2 | | uncompleted and abandoned buildings
within the territory of any | 3 | | city, village, or incorporated town having less
than 50,000 | 4 | | population.
| 5 | | The corporate authorities shall apply to the circuit court | 6 | | of the county
in which the building is located (i) for an order | 7 | | authorizing action to
be taken with respect to a building if | 8 | | the owner or owners of the building,
including the lien holders | 9 | | of record, after at least 15 days' written
notice by mail so to | 10 | | do, have failed to put the building in a safe
condition or to | 11 | | demolish it or (ii) for an order requiring the owner or
owners | 12 | | of record to demolish, repair, or enclose the building or to | 13 | | remove
garbage, debris, and other hazardous, noxious, or | 14 | | unhealthy substances or
materials from the building. It is not | 15 | | a defense to the cause of action
that the building is boarded | 16 | | up or otherwise enclosed, although the court
may order the | 17 | | defendant to have the building boarded up or otherwise
| 18 | | enclosed. Where, upon diligent search, the identity or | 19 | | whereabouts of the
owner or owners of the building, including | 20 | | the lien holders of record,
is not ascertainable, notice mailed | 21 | | to the person or persons in whose name
the real estate was last | 22 | | assessed is sufficient notice under this Section.
| 23 | | The hearing upon the application to the circuit court shall | 24 | | be expedited
by the court and shall be given precedence over | 25 | | all other suits.
Any person entitled to bring an action under | 26 | | subsection (b) shall have
the right to intervene in an action |
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| 1 | | brought under this Section.
| 2 | | The cost of the demolition, repair, enclosure, or removal | 3 | | incurred by
the municipality, by an intervenor, or by a lien | 4 | | holder of record,
including court costs, attorney's fees, and | 5 | | other costs related to the
enforcement of this Section, is | 6 | | recoverable from the owner or owners of
the real estate or the | 7 | | previous owner or both if the property was transferred
during | 8 | | the 15 day notice period and is a lien on the real estate and | 9 | | all real property of the owner or owners ; the lien is
superior | 10 | | to all prior existing liens and encumbrances, except taxes, if, | 11 | | within
180 days after the repair, demolition, enclosure, or | 12 | | removal, the municipality,
the lien holder of record, or the | 13 | | intervenor who incurred the cost and expense
shall file a | 14 | | notice of lien for the cost and expense incurred in the office | 15 | | of
the recorder in the county in which the real estate or any | 16 | | real property of the owner or owners is located or in the | 17 | | office
of the registrar of titles of the county if any of the | 18 | | real estate affected is
registered under the Registered Titles | 19 | | (Torrens) Act.
| 20 | | The notice must consist of a sworn statement setting out | 21 | | (1) a
description of the real estate sufficient for its | 22 | | identification, (2)
the amount of money representing the cost | 23 | | and expense incurred, and (3) the
date or dates when the cost | 24 | | and expense was incurred by the municipality,
the lien holder | 25 | | of record, or the intervenor. Upon payment of the cost and
| 26 | | expense by the owner of or persons interested in the property |
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| 1 | | after the
notice of lien has been filed, the lien shall be | 2 | | released by the
municipality, the person in whose name the lien | 3 | | has been filed, or the
assignee of the lien, and the release | 4 | | may be filed of record as in the case
of filing notice of lien. | 5 | | Unless the lien is enforced under subsection (c),
the lien may | 6 | | be enforced by foreclosure proceedings as in the case of
| 7 | | mortgage foreclosures under Article XV of the Code of Civil | 8 | | Procedure or
mechanics' lien foreclosures. An action to | 9 | | foreclose this lien
may be commenced at any time after the date | 10 | | of filing of the notice of
lien. The costs of foreclosure | 11 | | incurred by the municipality, including
court costs, | 12 | | reasonable attorney's fees, advances to preserve the property,
| 13 | | and other costs related to the enforcement of this subsection, | 14 | | plus
statutory interest, are a lien on the real estate and all | 15 | | real property of the owner or owners and are recoverable by
the | 16 | | municipality from the owner or owners of the real estate.
| 17 | | All liens arising under this subsection (a) shall be | 18 | | assignable.
The assignee of the lien shall have the same power | 19 | | to enforce the lien
as the assigning party, except that the | 20 | | lien may not be
enforced under subsection (c).
| 21 | | If the appropriate official of any municipality determines | 22 | | that any
dangerous and unsafe building or uncompleted and | 23 | | abandoned building within
its territory fulfills the | 24 | | requirements for an action by the municipality
under the | 25 | | Abandoned Housing Rehabilitation Act, the municipality may
| 26 | | petition under that Act in a proceeding brought under this |
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| 1 | | subsection.
| 2 | | (b) Any owner or tenant of real property within 1200 feet | 3 | | in any
direction of any dangerous or unsafe building located | 4 | | within the territory
of a municipality with a population of | 5 | | 500,000 or more may file with the
appropriate municipal | 6 | | authority a request that the municipality apply to
the circuit | 7 | | court of the county in which the building is located for an
| 8 | | order permitting the demolition, removal of garbage, debris, | 9 | | and other
noxious or unhealthy substances and materials from, | 10 | | or repair or enclosure of
the building in the manner prescribed | 11 | | in subsection (a) of this Section.
If the municipality fails to | 12 | | institute an action in circuit court within 90
days after the | 13 | | filing of the request, the owner or tenant of real property
| 14 | | within 1200 feet in any direction of the building may institute | 15 | | an action
in circuit court seeking an order compelling the | 16 | | owner or owners of record
to demolish, remove garbage, debris, | 17 | | and other noxious or unhealthy
substances and materials from, | 18 | | repair or enclose or to cause to be
demolished, have garbage, | 19 | | debris, and other noxious or unhealthy substances
and materials | 20 | | removed from, repaired, or enclosed the building in question.
A | 21 | | private owner or tenant who institutes an action under the | 22 | | preceding sentence
shall not be required to pay any fee to the | 23 | | clerk of the circuit court.
The cost of repair, removal, | 24 | | demolition, or enclosure shall be borne by
the owner or owners | 25 | | of record of the building. In the event the owner or
owners of | 26 | | record fail to demolish, remove garbage, debris, and other |
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| 1 | | noxious
or unhealthy substances and materials from, repair, or | 2 | | enclose the building
within 90 days of the date the court | 3 | | entered its order, the owner or tenant
who instituted the | 4 | | action may request that the court join the municipality
as a | 5 | | party to the action. The court may order the municipality to | 6 | | demolish,
remove materials from, repair, or enclose the | 7 | | building, or cause that action to
be taken upon the request of | 8 | | any owner or tenant who instituted the action or
upon the | 9 | | municipality's request. The municipality may file, and the | 10 | | court may
approve, a plan for rehabilitating the building in | 11 | | question. A court order
authorizing the municipality to | 12 | | demolish, remove materials from, repair, or
enclose a building, | 13 | | or cause that action to be taken, shall not preclude the
court | 14 | | from adjudging the owner or owners of record of the building in | 15 | | contempt
of court due to the failure to comply with the order | 16 | | to demolish, remove
garbage, debris, and other noxious or | 17 | | unhealthy substances and materials from,
repair, or enclose the | 18 | | building.
| 19 | | If a municipality or a person or persons other than the | 20 | | owner or
owners of record pay the cost of demolition, removal | 21 | | of garbage, debris, and
other noxious or unhealthy substances | 22 | | and materials, repair, or enclosure
pursuant to a court order, | 23 | | the cost, including court costs, attorney's fees,
and other | 24 | | costs related to the enforcement of this subsection, is
| 25 | | recoverable from the owner or owners of the real estate and is | 26 | | a lien
on the real estate and all real property of the owner or |
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| 1 | | owners ; the lien is superior to all prior existing liens and
| 2 | | encumbrances, except taxes, if, within 180 days after the
| 3 | | repair, removal, demolition, or enclosure, the municipality or | 4 | | the person or
persons who paid the costs of demolition, | 5 | | removal, repair, or enclosure
shall file a notice of lien of | 6 | | the cost and expense incurred in the office
of the recorder in | 7 | | the county in which the real estate or any real property of the | 8 | | owner or owners is located or in the
office of the registrar of | 9 | | the county if the real estate affected is
registered under the | 10 | | Registered Titles (Torrens) Act. The notice shall be
in a form | 11 | | as is provided in subsection (a). An owner or tenant who
| 12 | | institutes an action in circuit court seeking an order to | 13 | | compel the owner
or owners of record to demolish, remove | 14 | | materials from, repair, or enclose any
dangerous or unsafe | 15 | | building, or to cause that action to be taken under this
| 16 | | subsection may recover court costs and reasonable attorney's | 17 | | fees for
instituting the action from the owner or owners of | 18 | | record of the building.
Upon payment of the costs and expenses | 19 | | by the owner of or a person
interested in the property after | 20 | | the notice of lien has been filed, the
lien shall be released | 21 | | by the municipality or the person in whose name the
lien has | 22 | | been filed or his or her assignee, and the release may be filed | 23 | | of
record as in the case of filing a notice of lien. Unless the | 24 | | lien is
enforced under subsection (c), the lien may be enforced | 25 | | by foreclosure
proceedings as in the case of mortgage | 26 | | foreclosures under Article XV of the
Code of Civil Procedure or |
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| 1 | | mechanics' lien foreclosures. An action to
foreclose this lien | 2 | | may be commenced at any time after the date of filing
of the | 3 | | notice of lien. The costs of foreclosure incurred by the
| 4 | | municipality, including court costs, reasonable attorneys' | 5 | | fees, advances
to preserve the property, and other costs | 6 | | related to the enforcement of
this subsection, plus statutory | 7 | | interest, are a lien on the real estate and all real property | 8 | | of the owner or owners
and are recoverable by the municipality | 9 | | from the owner or owners of the
real estate.
| 10 | | All liens arising under the terms of this subsection (b) | 11 | | shall be
assignable. The assignee of the lien shall have the | 12 | | same power to
enforce the lien as the assigning party, except | 13 | | that the lien may not be
enforced under subsection (c).
| 14 | | (c) In any case where a municipality has obtained a lien | 15 | | under
subsection (a), (b), or (f), the municipality may enforce | 16 | | the
lien
under
this subsection (c) in the same proceeding in | 17 | | which the lien is authorized.
| 18 | | A municipality desiring to enforce a lien under this | 19 | | subsection (c) shall
petition the court to retain jurisdiction | 20 | | for foreclosure proceedings under
this subsection. Notice of | 21 | | the petition shall be served, by certified or
registered mail, | 22 | | on all persons who were served notice under subsection
(a), | 23 | | (b), or (f). The court shall conduct a hearing on the petition | 24 | | not
less than 15
days after the notice is served. If the court | 25 | | determines that the
requirements of this subsection (c) have | 26 | | been satisfied, it shall grant the
petition and retain |
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| 1 | | jurisdiction over the matter until the foreclosure
proceeding | 2 | | is completed. The costs of foreclosure incurred by the
| 3 | | municipality, including court costs, reasonable attorneys' | 4 | | fees, advances
to preserve the property, and other costs | 5 | | related to the enforcement of
this subsection, plus statutory | 6 | | interest, are a lien on the real estate and all real property | 7 | | of the owner or owners and
are recoverable by the municipality | 8 | | from the owner or owners of the real
estate. If the court | 9 | | denies the petition, the municipality may enforce the
lien in a | 10 | | separate action as provided in subsection (a), (b), or
(f).
| 11 | | All persons designated in Section 15-1501 of the Code of | 12 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 13 | | action shall be joined as
parties before issuance of an order | 14 | | of foreclosure. Persons designated
in Section 15-1501 of the | 15 | | Code of Civil Procedure as permissible parties
may also be | 16 | | joined as parties in the action.
| 17 | | The provisions of Article XV of the Code of Civil Procedure | 18 | | applicable to
mortgage foreclosures shall apply to the | 19 | | foreclosure of a lien under
this subsection (c), except to the | 20 | | extent that those provisions are
inconsistent with this | 21 | | subsection. For purposes of foreclosures
of liens under this | 22 | | subsection, however, the redemption period described in
| 23 | | subsection (b) of Section 15-1603 of the Code of Civil | 24 | | Procedure shall end
60 days after the date of entry of the | 25 | | order of foreclosure.
| 26 | | (d) In addition to any other remedy provided by law, the |
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| 1 | | corporate
authorities of any municipality may petition the | 2 | | circuit court to have
property declared abandoned under this | 3 | | subsection (d) if:
| 4 | | (1) the property has been tax delinquent for 2 or more | 5 | | years or bills
for water service for the property have been | 6 | | outstanding for 2 or more years;
| 7 | | (2) the property is unoccupied by persons legally in | 8 | | possession; and
| 9 | | (3) the property contains a dangerous or unsafe | 10 | | building for reasons specified in the petition.
| 11 | | All persons having an interest of record in the property, | 12 | | including tax
purchasers and beneficial owners of any Illinois | 13 | | land trust having title to
the property, shall be named as | 14 | | defendants in the petition and shall be
served with process. In | 15 | | addition, service shall be had under Section
2-206 of the Code | 16 | | of Civil Procedure as in other cases affecting property.
| 17 | | The municipality, however, may proceed under this | 18 | | subsection in a
proceeding brought under subsection (a) or (b). | 19 | | Notice of the petition
shall be served in person or by | 20 | | certified or registered mail on all persons who were
served | 21 | | notice under subsection (a) or (b).
| 22 | | If the municipality proves that the conditions described in | 23 | | this
subsection exist and (i) the owner of record of the | 24 | | property does not enter
an appearance in the action, or, if | 25 | | title to the property is held by an
Illinois land trust, if | 26 | | neither the owner of record nor the owner of the
beneficial |
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| 1 | | interest of the trust enters an appearance, or (ii) if the | 2 | | owner of record or the beneficiary of a land trust, if title to | 3 | | the property is held by an Illinois land trust, enters an | 4 | | appearance and specifically waives his or her rights under this | 5 | | subsection (d), the court
shall declare the property abandoned. | 6 | | Notwithstanding any waiver, the municipality may move to | 7 | | dismiss its petition at any time. In addition, any waiver in a | 8 | | proceeding under this subsection (d) does not serve as a waiver | 9 | | for any other proceeding under law or equity.
| 10 | | If that determination is made, notice shall be sent in | 11 | | person or by certified or
registered mail to all persons having | 12 | | an interest of record in the
property, including tax purchasers | 13 | | and beneficial owners of any Illinois
land trust having title | 14 | | to the property, stating that title to the
property will be | 15 | | transferred to the municipality unless, within 30 days of
the | 16 | | notice, the owner of record or any other person having an | 17 | | interest in the property files with the
court a request to | 18 | | demolish the dangerous or unsafe building or to put the
| 19 | | building in safe condition, or unless the owner of record | 20 | | enters an appearance and proves that the owner does not intend | 21 | | to abandon the property.
| 22 | | If the owner of record enters an appearance in the action | 23 | | within the 30
day period, but does not at that time file with | 24 | | the court a request to demolish the dangerous or unsafe | 25 | | building or to put the building in safe condition, or | 26 | | specifically waive his or her rights under this subsection (d), |
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| 1 | | the court shall vacate its order declaring the property
| 2 | | abandoned if it determines that the owner of record does not | 3 | | intend to abandon the property. In that case, the municipality | 4 | | may amend its complaint in order
to initiate proceedings under | 5 | | subsection (a), or it may request that the court order the | 6 | | owner to demolish the building or repair the dangerous or | 7 | | unsafe conditions of the building alleged in the petition or | 8 | | seek the appointment of a receiver or other equitable relief to | 9 | | correct the conditions at the property. The powers and rights | 10 | | of a receiver appointed under this subsection (d) shall include | 11 | | all of the powers and rights of a receiver appointed under | 12 | | Section 11-31-2 of this Code.
| 13 | | If a request to demolish or repair the building is filed | 14 | | within the 30
day period, the court shall grant permission to | 15 | | the requesting party to
demolish the building within 30 days or | 16 | | to restore the building to safe
condition within 60 days after | 17 | | the request is granted. An extension of
that period for up to | 18 | | 60 additional days may be given for good cause. If
more than | 19 | | one person with an interest in the property files a timely
| 20 | | request, preference shall be given to the owner of record if | 21 | | the owner filed a request or, if the owner did not, the person | 22 | | with the lien or other
interest of the highest priority.
| 23 | | If the requesting party (other than the owner of record) | 24 | | proves to the court that the building has been
demolished or | 25 | | put in a safe condition in accordance with the local safety | 26 | | codes within the period of time granted by
the court, the court |
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| 1 | | shall issue a quitclaim judicial deed for the
property to the | 2 | | requesting party, conveying only the interest of the owner
of | 3 | | record, upon proof of payment to the municipality of all costs | 4 | | incurred
by the municipality in connection with the action, | 5 | | including but not
limited to court costs, attorney's fees, | 6 | | administrative costs, the
costs, if any, associated with | 7 | | building enclosure or removal, and receiver's
certificates. | 8 | | The interest in the property so conveyed shall be subject to
| 9 | | all liens and encumbrances on the property. In addition, if the | 10 | | interest is
conveyed to a person holding a certificate of | 11 | | purchase for the property
under the Property Tax Code, the | 12 | | conveyance shall
be subject to the rights of redemption of all | 13 | | persons entitled to redeem under
that Act, including the | 14 | | original owner of record. If the requesting party is the owner | 15 | | of record and proves to the court that the building has been | 16 | | demolished or put in a safe condition in accordance with the | 17 | | local safety codes within the period of time granted by the | 18 | | court, the court shall dismiss the proceeding under this | 19 | | subsection (d).
| 20 | | If the owner of record has not entered an appearance and | 21 | | proven that the owner did not intend to abandon the property, | 22 | | and if no person with an interest in the property files a | 23 | | timely request or
if the requesting party fails to demolish the | 24 | | building or put the building
in safe condition within the time | 25 | | specified by the court, the municipality
may petition the court | 26 | | to issue a judicial deed for the property to the
municipality. |
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| 1 | | A conveyance by judicial deed shall operate to extinguish
all | 2 | | existing ownership interests in, liens on, and other interest | 3 | | in the
property, including tax liens, and shall extinguish the | 4 | | rights and
interests of any and all holders of a bona fide | 5 | | certificate of purchase of the
property for delinquent taxes. | 6 | | Any such bona fide certificate of purchase
holder shall be
| 7 | | entitled to a sale in error as prescribed under Section 21-310 | 8 | | of the Property
Tax Code.
| 9 | | (e) Each municipality may use the provisions of this | 10 | | subsection to expedite
the removal
of certain buildings that | 11 | | are a continuing hazard to the community in which
they are | 12 | | located.
| 13 | | If a residential or commercial building is 3 stories or | 14 | | less in height as
defined by the
municipality's building code, | 15 | | and the corporate official designated to be
in charge of | 16 | | enforcing the municipality's building code determines that the
| 17 | | building is open and vacant and an immediate and continuing | 18 | | hazard to the
community in which the building is located, then | 19 | | the official shall be
authorized to post a notice not less than | 20 | | 2 feet by 2 feet in size on the
front of the building. The | 21 | | notice shall be dated as of the date of the
posting and shall | 22 | | state that unless the building is demolished, repaired,
or | 23 | | enclosed, and unless any garbage, debris, and other hazardous, | 24 | | noxious,
or unhealthy substances or materials are removed so | 25 | | that an immediate and
continuing hazard to the community no | 26 | | longer exists, then the building may
be demolished, repaired, |
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| 1 | | or enclosed, or any garbage, debris, and other
hazardous, | 2 | | noxious, or unhealthy substances or materials may be removed, | 3 | | by
the municipality.
| 4 | | Not later than 30 days following the posting of the notice, | 5 | | the
municipality shall do all of the following:
| 6 | | (1) Cause to be sent, by certified mail, return receipt | 7 | | requested,
a Notice to Remediate to all owners of
record of | 8 | | the property, the beneficial owners of any Illinois land | 9 | | trust
having title to the property, and all lienholders of | 10 | | record in the property,
stating the intent of the | 11 | | municipality to demolish,
repair, or enclose the building | 12 | | or remove any garbage, debris, or other
hazardous, noxious, | 13 | | or unhealthy substances or materials if that action is
not | 14 | | taken by the owner or owners.
| 15 | | (2) Cause to be published, in a newspaper published or | 16 | | circulated in the
municipality where the building is | 17 | | located, a notice setting forth (i)
the permanent tax index | 18 | | number and the address of the building, (ii) a
statement | 19 | | that the property is open and vacant and constitutes an | 20 | | immediate and
continuing hazard to the community, and (iii) | 21 | | a statement that the municipality
intends to demolish, | 22 | | repair, or enclose the building or remove any garbage,
| 23 | | debris, or other hazardous, noxious, or unhealthy | 24 | | substances or materials if
the owner or owners or | 25 | | lienholders of record fail to do so. This notice shall
be | 26 | | published for 3 consecutive days.
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| 1 | | (3) Cause to be recorded the Notice to Remediate mailed | 2 | | under paragraph
(1) in
the office of the recorder in the | 3 | | county in which the real estate is located or
in the
office | 4 | | of the registrar of titles of the county if the real estate | 5 | | is
registered under the
Registered Title (Torrens) Act.
| 6 | | Any person or persons with a current legal or equitable | 7 | | interest in the
property objecting to the proposed actions of | 8 | | the corporate authorities may
file his or her objection in an | 9 | | appropriate form in a court of competent
jurisdiction.
| 10 | | If the building is not demolished, repaired, or enclosed, | 11 | | or the garbage,
debris, or other hazardous, noxious, or | 12 | | unhealthy substances or materials are
not removed, within 30 | 13 | | days of mailing the notice to the owners of record,
the | 14 | | beneficial owners of any Illinois land trust having title to | 15 | | the
property, and all lienholders of record in the property, or
| 16 | | within 30 days of the last day of publication of the notice, | 17 | | whichever is
later, the corporate authorities shall have the | 18 | | power to demolish, repair, or
enclose the building or to remove | 19 | | any garbage, debris, or other hazardous,
noxious, or unhealthy | 20 | | substances or materials.
| 21 | | The municipality may proceed to demolish, repair, or | 22 | | enclose a building
or remove any garbage, debris, or other | 23 | | hazardous, noxious, or unhealthy
substances or materials under | 24 | | this subsection within a 120-day period
following the date of | 25 | | the mailing of the notice if the appropriate official
| 26 | | determines that the demolition, repair, enclosure, or removal |
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| 1 | | of any garbage,
debris, or other hazardous, noxious, or | 2 | | unhealthy substances or materials is
necessary to remedy the | 3 | | immediate and continuing hazard. If, however, before
the | 4 | | municipality proceeds with any of the actions authorized by | 5 | | this
subsection, any person with a legal or equitable interest | 6 | | in the property has
sought a hearing under this subsection | 7 | | before a
court and has served a copy of the complaint on the | 8 | | chief executive officer of
the municipality, then the | 9 | | municipality shall not proceed with the demolition,
repair, | 10 | | enclosure, or removal of garbage, debris, or other substances | 11 | | until the
court determines that that action is necessary to | 12 | | remedy the hazard and issues
an order authorizing the | 13 | | municipality to do so.
If the court dismisses the action for | 14 | | want of prosecution, the municipality
must send the objector a | 15 | | copy of the dismissal
order and a letter stating that the | 16 | | demolition, repair, enclosure, or
removal of garbage, debris, | 17 | | or other substances will proceed unless, within 30
days after | 18 | | the copy of the order and the letter are mailed, the
objector
| 19 | | moves to vacate the dismissal and serves a
copy of the
motion | 20 | | on the chief executive officer of the municipality. | 21 | | Notwithstanding
any other law to the contrary, if the objector | 22 | | does not file a motion and give
the required notice, if the | 23 | | motion is denied by the court, or if the action is
again | 24 | | dismissed for want of prosecution, then the dismissal is with | 25 | | prejudice
and the demolition, repair, enclosure, or removal may | 26 | | proceed forthwith.
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| 1 | | Following the demolition, repair, or enclosure of a | 2 | | building, or the
removal of garbage, debris, or other | 3 | | hazardous, noxious, or unhealthy
substances or materials under | 4 | | this subsection, the municipality may file a
notice of lien | 5 | | against the real estate and all real property of the owner or | 6 | | owners for the cost of the demolition,
repair, enclosure, or | 7 | | removal within 180 days after the repair, demolition,
| 8 | | enclosure, or removal occurred, for the cost and expense | 9 | | incurred, in the
office of the recorder in the county in which | 10 | | the real estate or any real property of the owner or owners is | 11 | | located or
in the office of the registrar of titles of the | 12 | | county if the real estate
affected is registered under the | 13 | | Registered Titles (Torrens) Act; this
lien has priority over | 14 | | the interests of those parties named in the
Notice to
Remediate | 15 | | mailed under paragraph (1), but not over the interests of third | 16 | | party
purchasers
or encumbrancers for value who obtained their | 17 | | interests in the property before
obtaining
actual or | 18 | | constructive notice of the lien.
The
notice of lien shall | 19 | | consist of a sworn statement setting forth (i) a
description of | 20 | | the real estate, such as the address or other description of
| 21 | | the property, sufficient for its identification; (ii) the | 22 | | expenses incurred
by the municipality in undertaking the | 23 | | remedial actions authorized under
this subsection; (iii) the | 24 | | date or dates the expenses were incurred by
the municipality; | 25 | | (iv) a statement by the corporate official
responsible for | 26 | | enforcing the building code that the building was open and
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| 1 | | vacant and constituted an immediate and continuing hazard
to | 2 | | the community; (v) a statement by the corporate official that | 3 | | the
required sign was posted on the building, that notice was | 4 | | sent by certified
mail to the owners of record, and that notice | 5 | | was published in accordance
with this subsection; and (vi) a | 6 | | statement as to when and where the notice
was published. The | 7 | | lien authorized by this subsection may thereafter be
released | 8 | | or enforced by the municipality as provided in subsection (a).
| 9 | | (f) The corporate authorities of each municipality may | 10 | | remove or cause the
removal of, or otherwise environmentally | 11 | | remediate hazardous substances and
petroleum products on, in,
| 12 | | or under any abandoned and unsafe property within the territory | 13 | | of a
municipality. In addition, where preliminary evidence | 14 | | indicates the presence
or likely presence of a hazardous | 15 | | substance or a petroleum product or a release
or a substantial
| 16 | | threat of a release of a hazardous substance or a petroleum | 17 | | product on, in, or
under the property, the
corporate | 18 | | authorities of the municipality may inspect the property and | 19 | | test for
the presence or release of hazardous substances and | 20 | | petroleum products. In any
county having adopted
by referendum | 21 | | or otherwise a county health department as provided by Division
| 22 | | 5-25 of the Counties Code or its predecessor, the county board | 23 | | of that county
may exercise the above-described powers with | 24 | | regard to property within the
territory of any city, village, | 25 | | or incorporated town having less than 50,000
population.
| 26 | | For purposes of this subsection (f):
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| 1 | | (1) "property" or "real estate" means all real | 2 | | property, whether or
not improved by a structure;
| 3 | | (2) "abandoned" means;
| 4 | | (A) the property has been tax delinquent for 2 or | 5 | | more years;
| 6 | | (B) the property is unoccupied by persons legally | 7 | | in possession; and
| 8 | | (3) "unsafe" means property that presents an actual or | 9 | | imminent
threat to public health and safety caused by
the | 10 | | release of hazardous substances; and
| 11 | | (4) "hazardous substances" means the same as in Section | 12 | | 3.215 of the
Environmental Protection Act.
| 13 | | The corporate authorities shall apply to the circuit court | 14 | | of the county in
which the property is located (i) for an order | 15 | | allowing the municipality to
enter the property and inspect and | 16 | | test substances on, in, or under
the property; or (ii) for an | 17 | | order authorizing the
corporate authorities to take action with | 18 | | respect to remediation of the
property if conditions on the | 19 | | property, based on the inspection and testing
authorized in | 20 | | paragraph (i), indicate the presence of hazardous substances or
| 21 | | petroleum products.
Remediation shall be deemed
complete for | 22 | | purposes of
paragraph (ii) above when the property satisfies | 23 | | Tier
I,
II, or
III
remediation objectives for the property's | 24 | | most recent usage, as established by
the Environmental | 25 | | Protection Act, and the rules and regulations promulgated
| 26 | | thereunder. Where, upon diligent search, the identity or |
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| 1 | | whereabouts of the
owner or owners of the property, including | 2 | | the lien holders of record, is not
ascertainable, notice mailed | 3 | | to the person or persons in whose name the real
estate was last | 4 | | assessed is sufficient notice under this Section.
| 5 | | The court shall grant an order authorizing testing under | 6 | | paragraph (i) above
upon a
showing of preliminary evidence | 7 | | indicating the presence or likely presence of a
hazardous | 8 | | substance or a petroleum product or a release of
or a | 9 | | substantial threat of a release of a hazardous substance or a | 10 | | petroleum
product on, in, or under
abandoned property. The | 11 | | preliminary evidence may include, but is not limited
to, | 12 | | evidence of prior use, visual site inspection, or records of | 13 | | prior
environmental investigations. The testing authorized by | 14 | | paragraph (i) above
shall include any type of investigation | 15 | | which is necessary for an environmental
professional to | 16 | | determine the environmental condition of the property,
| 17 | | including but not limited to performance of soil borings and | 18 | | groundwater
monitoring. The court shall grant a remediation | 19 | | order under paragraph (ii)
above where testing of the property | 20 | | indicates that it fails to meet the
applicable remediation | 21 | | objectives. The hearing upon the application to the
circuit | 22 | | court shall be expedited by the court and shall be given | 23 | | precedence
over
all other suits.
| 24 | | The cost of the inspection, testing, or remediation | 25 | | incurred by the
municipality or by a lien holder of record, | 26 | | including court costs, attorney's
fees, and other costs related |
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| 1 | | to the enforcement of this Section,
is a lien on the real | 2 | | estate and all real property of the owner or owners ; except | 3 | | that in any instances where a
municipality
incurs costs
of | 4 | | inspection and testing but finds no hazardous substances or | 5 | | petroleum
products on the property
that present an actual or | 6 | | imminent
threat to public health and safety, such costs are not | 7 | | recoverable from the
owners nor are such costs a lien on the | 8 | | real estate. The lien is superior to
all prior existing liens | 9 | | and encumbrances, except taxes and any lien obtained
under | 10 | | subsection (a) or (e), if, within 180 days after the completion | 11 | | of the
inspection, testing, or remediation, the municipality or | 12 | | the lien holder of
record who
incurred the cost and expense | 13 | | shall file a notice of lien for the cost and
expense incurred | 14 | | in the office of the recorder in the county in which the real
| 15 | | estate or any real property of the owner or owners is located | 16 | | or in the office of the registrar of titles of the county if
| 17 | | the real estate affected is registered under the Registered | 18 | | Titles (Torrens)
Act.
| 19 | | The notice must consist of a sworn statement setting out | 20 | | (i) a description of
the real estate sufficient for its | 21 | | identification, (ii) the amount of money
representing the cost | 22 | | and expense incurred, and (iii) the date or dates when
the
cost | 23 | | and expense was incurred by the municipality or the lien holder | 24 | | of record.
Upon payment of the lien amount by the owner of or | 25 | | persons interested in the
property after the notice of lien has | 26 | | been filed, a release of lien shall be
issued by the |
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| 1 | | municipality, the person in whose name the lien has been filed,
| 2 | | or the assignee of the lien, and the release may be filed of | 3 | | record as in the
case of filing notice of lien.
| 4 | | The lien may be enforced under subsection (c) or by | 5 | | foreclosure proceedings
as
in the case of mortgage foreclosures | 6 | | under Article XV of the Code of Civil
Procedure or mechanics' | 7 | | lien foreclosures; provided that where the lien is
enforced by | 8 | | foreclosure under subsection (c) or under either statute, the
| 9 | | municipality may
not proceed against the other assets of the | 10 | | owner or owners of the real estate
for any costs that otherwise | 11 | | would be recoverable under this Section but that
remain | 12 | | unsatisfied after foreclosure except where such additional | 13 | | recovery is
authorized by separate environmental laws. An | 14 | | action to foreclose this lien
may be commenced at any time | 15 | | after the date of filing of the notice of lien.
The costs of | 16 | | foreclosure incurred by the municipality, including court | 17 | | costs,
reasonable attorney's fees, advances to preserve the | 18 | | property, and other costs
related to the enforcement of this | 19 | | subsection, plus statutory interest, are a
lien on the real | 20 | | estate.
| 21 | | All liens arising under this subsection (f) shall be | 22 | | assignable. The
assignee of the lien shall have the same power | 23 | | to enforce the lien as the
assigning party, except that the | 24 | | lien may not be enforced under subsection
(c).
| 25 | | (g) In any case where a municipality has obtained a lien | 26 | | under subsection
(a), the municipality may also bring an action |
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| 1 | | for a money judgment against the
owner or owners of the real | 2 | | estate in the amount of the lien in the same manner
as provided | 3 | | for bringing causes of action in Article II of the Code of | 4 | | Civil
Procedure and, upon obtaining a judgment, file a judgment | 5 | | lien against all of
the real estate of the owner or owners and | 6 | | enforce that lien as provided for in
Article XII of the Code of | 7 | | Civil Procedure.
| 8 | | (Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
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