(55 ILCS 5/5-1118) (from Ch. 34, par. 5-1118)
Sec. 5-1118.
Garbage and debris removal.
The county board of any
county may provide for the removal of garbage and debris from unincorporated
areas of the county if the owner of the property refuses or neglects to remove
the garbage and debris and may collect the reasonable costs of removal from the
owner. Notice of the county's intention to remove garbage and debris shall be
given to the owner or owners of the property by mailing a written copy of the
notice to the last known address of each owner or owners at least 15 days
before the action is intended to be taken. This cost of removal is a lien upon
the real estate affected that is superior to all other liens and encumbrances,
except tax liens, if within 60 days after the costs are incurred, the county or
person performing the service by authority of the county, in his or its own
name, files notice of lien in the office of the recorder in the county in which
the real estate is located or files notice of the lien in the office of the
Registrar of Titles of the county if the real estate affected is registered
under the Registered Titles (Torrens) Act. The notice shall consist of a sworn
statement setting out: (1) a description of the real estate sufficient for
identification, (2) the amount of money representing the cost and expense
incurred or payable for the service, and (3) the date or dates when the costs
were incurred by the county.
The lien of the county shall not be valid as to any purchaser whose rights in
and to the real estate have arisen after the removal of the garbage and debris
and before the filing of the notice. The lien of the county shall not be valid
as to any mortgagee, judgment creditor, or other lienor whose rights in and to
the real estate arose before the filing of the notice. Upon payment of the
removal costs by the property owner or persons interested in the property, the
lien shall be released by the county or the person in whose name the lien has
been filed, and the release may be filed of record as in the case of filing
notice of lien. The lien may be enforced by proceedings to foreclose as in the
case of mortgages or mechanics' liens. An action to foreclose this lien shall
be commenced within 2 years after the date of filing notice of the lien.
(Source: P.A. 87-939.)
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