Full Text of SB0169 94th General Assembly
SB0169enr 94TH GENERAL ASSEMBLY
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SB0169 Enrolled |
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LRB094 04278 MKM 34303 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, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing
Section 11-20-8 as follows:
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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. The corporate | 8 |
| authorities of
each municipality may provide
for the | 9 |
| extermination of pests
rats in the municipality, and charge to
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| and
collect from the owners of and persons interested in | 11 |
| private property the
reasonable cost and expense of preventing | 12 |
| ingress of pests
rats to
their property
and of pest
rat | 13 |
| extermination therein, after notice to such owners or
persons | 14 |
| as
provided by ordinance and failures of such owners or persons | 15 |
| to comply.
This cost and expense is a lien upon the real estate | 16 |
| affected, superior to
all other existing liens and | 17 |
| encumbrances, except tax liens if within 60
days after such | 18 |
| cost and expense is incurred the municipality, or person
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| performing the service by authority of the municipality, in his | 20 |
| or its own
name, files notice of lien in the office of the | 21 |
| recorder in the
county in which the real estate is located or | 22 |
| in the office of the
Registrar of Titles of such county if the | 23 |
| real estate affected is
registered under "An Act concerning | 24 |
| land titles", approved May 1, 1897,
as amended. The notice | 25 |
| shall consist of a sworn
statement setting out (1) a | 26 |
| description of the real estate sufficient for
identification | 27 |
| 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 | 29 |
| or dates when
such cost and expense was incurred by the | 30 |
| municipality. However, the lien
of such municipality shall not | 31 |
| be valid as to any purchaser, mortgagee,
judgment creditor, or | 32 |
| other lienor whose rights in and to the real estate
arise |
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SB0169 Enrolled |
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LRB094 04278 MKM 34303 b |
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| subsequent to the pest
rat extermination and prior to the | 2 |
| filing
of
the
notice of such lien in the office of the | 3 |
| recorder, or in the
office of the Registrar of Titles, as | 4 |
| aforesaid. Upon payment of the cost
and expense by the owner of | 5 |
| or persons interested in the property after
notice of lien has | 6 |
| been filed, the lien shall be released by the
municipality or | 7 |
| person in whose name the lien has been filed and the
release | 8 |
| may be filed of record as in the case of filing notice of lien. | 9 |
| The
lien may be enforced by proceedings to foreclose as in case | 10 |
| of mortgages or
mechanics' liens. Actions to foreclose this | 11 |
| lien shall be commenced
within one
year after the date of | 12 |
| filing notice of lien.
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| "Pests", as used in this Section 11-20-8, means undesirable | 14 |
| arthropods (including certain insects, spiders, mites, ticks, | 15 |
| and related organisms), wood infesting organisms, rats, mice, | 16 |
| and other obnoxious undesirable animals, but does not include a | 17 |
| feral cat, a "companion animal" as that term is defined in the | 18 |
| Humane Care for Animals Act (510 ILCS 70/), "animals" as that | 19 |
| term is defined in the Illinois Diseased Animals Act (510 ILCS | 20 |
| 50/), or animals protected by the Wildlife Code (520 ILCS 5/).
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| (Source: P.A. 83-358.)
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| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law. |
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