Full Text of HB3391 97th General Assembly
HB3391 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3391 Introduced 2/24/2011, by Rep. Dan Brady SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Makes a technical change in a Section concerning liens for removal costs.
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| | A BILL FOR |
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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 Section 11-20-15 as follows: | 6 | | (65 ILCS 5/11-20-15) | 7 | | Sec. 11-20-15. Lien for removal costs. | 8 | | (a) If the municipality incurs a a removal cost under | 9 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to | 10 | | any underlying parcel, then that cost is a lien upon that | 11 | | underlying parcel. This lien is superior to all other liens and | 12 | | encumbrances, except tax liens and as otherwise provided in | 13 | | subsection (c)
of this Section. | 14 | | (b) To perfect a lien under this Section, the municipality | 15 | | must, within one year after the removal cost is incurred, file | 16 | | notice of lien in the office of the recorder in the county in | 17 | | which the underlying parcel is located or, if the underlying | 18 | | parcel is registered under the Torrens system, in the office of | 19 | | the Registrar of Titles of that county. The notice must consist | 20 | | of a sworn statement setting out: | 21 | | (1) a description of the underlying parcel that | 22 | | sufficiently identifies the parcel; | 23 | | (2) the amount of the removal cost; and |
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| 1 | | (3) the date or dates when the removal cost was | 2 | | incurred by the municipality. | 3 | | If, for any one parcel, the municipality engaged in any | 4 | | removal activity on more than one occasion during the course of | 5 | | one year, then the municipality may combine any or all of the | 6 | | costs of each of those activities into a single notice of lien. | 7 | | (c) A lien under this Section is not valid as to: (i) any | 8 | | purchaser whose rights in and to the underlying parcel arose | 9 | | after the removal activity but before the filing of the notice | 10 | | of lien; or (ii) any mortgagee, judgment creditor, or other | 11 | | lienor whose rights in and to the underlying parcel arose | 12 | | before the filing of the notice of lien. | 13 | | (d) The removal cost is not a lien on the underlying parcel | 14 | | unless a notice is personally served on, or sent by certified | 15 | | mail to, the person to whom was sent the tax bill for the | 16 | | general taxes on the property for the taxable year immediately | 17 | | preceding the removal activities. The notice must be delivered | 18 | | or sent after the removal activities have been performed, and | 19 | | it must: (i) state the substance of this Section and the | 20 | | substance of any ordinance of the municipality implementing | 21 | | this Section; (ii) identify the underlying parcel, by common | 22 | | description; and (iii) describe the removal activity. | 23 | | (e) A lien under this Section may be enforced by | 24 | | proceedings to foreclose as in case of mortgages or mechanics' | 25 | | liens. An action to foreclose a lien under this Section must be | 26 | | commenced within 2 years after the date of filing notice of |
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| 1 | | lien. | 2 | | (f) Any person who performs a removal activity by the | 3 | | authority of the municipality may, in his or her own name, file | 4 | | a lien and foreclose on that lien in the same manner as a | 5 | | municipality under this Section. | 6 | | (g) A failure to file a foreclosure action does not, in any | 7 | | way, affect the validity of the lien against the underlying | 8 | | parcel. | 9 | | (h) Upon payment of the lien cost by the owner of the | 10 | | underlying parcel after notice of lien has been filed, the | 11 | | municipality (or its agent under subsection (f)) shall release | 12 | | the lien, and the release may be filed of record by the owner | 13 | | at his or her sole expense as in the case of filing notice of | 14 | | lien. | 15 | | (i) For the purposes of this Section: | 16 | | "Lien cost" means the removal cost and the filing costs for | 17 | | any notice of lien under subsection (b). | 18 | | "Removal activity" means any activity for which a removal | 19 | | cost was incurred. | 20 | | "Removal cost" means a removal cost as defined under | 21 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13. | 22 | | "Underlying parcel" means a parcel of private property upon | 23 | | which a removal activity was performed. | 24 | | "Year" means a 365-day period. | 25 | | (j) This Section applies only to liens filed after August | 26 | | 14, 2009 (the effective date of Public Act 96-462).
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| 1 | | (k) This Section shall not apply to a lien filed pursuant | 2 | | to Section 11-20-15.1. | 3 | | (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10; | 4 | | 96-1000, eff. 7-2-10.)
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