Full Text of HB6251 096th General Assembly
HB6251 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB6251
Introduced 2/11/2010, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Provides that if a municipality perfects a lien against property for removal of weeds, pests, infected trees, or garbage, then the amount of the perfected lien is deemed a special assessment against the underlying parcel and shall be extended and collected in the same manner as special assessments are extended and collected under the Property Tax Code.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB6251 |
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LRB096 19633 RLJ 35029 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 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 removal cost under Section | 9 |
| 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any | 10 |
| 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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HB6251 |
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LRB096 19633 RLJ 35029 b |
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| (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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HB6251 |
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LRB096 19633 RLJ 35029 b |
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| 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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LRB096 19633 RLJ 35029 b |
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| (k) This Section shall not apply to a lien filed pursuant | 2 |
| to Section 11-20-15.1. | 3 |
| (l) In addition to the lien authorized by this Section, the | 4 |
| amount of a perfected lien is deemed a special assessment | 5 |
| against the underlying parcel and shall be extended and | 6 |
| collected in the same manner as provided in Section 27-75 of | 7 |
| the Property Tax Code. | 8 |
| (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)
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