(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may
demolish, repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of the county, but outside the territory of any municipality, and
may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
If a township within the county makes a formal request to the county board
as provided in Section 85-50 of the Township Code that the county board
commence specified proceedings under this Section with respect to property
located within the township but outside the territory of any municipality,
then, at the next regular county board meeting occurring at least 10 days
after the formal request is made to the county board, the county board shall
either commence the requested proceedings or decline to do so (either
formally or by failing to commence the proceedings within 60 days after the request) and shall notify the township
board making the request of the county board's decision.
In any
county having adopted, by referendum or otherwise, a county health department
as provided by Division 5-25 of the Counties Code or its predecessor, the
county board of any such county may upon a formal request by the city, village,
or incorporated town demolish, repair or cause the demolition or repair of
dangerous and unsafe buildings or uncompleted and abandoned buildings within
the territory of any city, village, or incorporated town having a population of
less than 50,000.
The county board shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail to do so, have failed to commence proceedings to put the
building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed and the posting of such notice upon the
premises sought to be demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
The cost of the demolition, repair, enclosure, or removal incurred by
the county, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real estate; the lien is
superior to all prior existing liens and encumbrances, except taxes, if, within
180 days after the repair, demolition, enclosure, or removal, the county,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or 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 must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the county,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
county, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (b),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the county, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the county from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (b).
If the appropriate official of any county determines that any
dangerous and unsafe building or uncompleted and abandoned building within
its territory fulfills the requirements for an action by the county
under the Abandoned Housing Rehabilitation Act, the county may
petition under that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under
this subsection (b) in the same proceeding in which the lien is authorized.
A county desiring to enforce a lien under this subsection (b) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (a).
The court shall conduct a hearing on the petition not less than 15
days after the notice is served. If the court determines that the
requirements of this subsection (b) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the county from the owner or owners of the real
estate. If the court denies the petition, the county may enforce the
lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (b), except to the extent that those provisions are
inconsistent with this subsection. For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(c) In addition to any other remedy provided by law, the county
board of any county may petition the circuit court to have
property declared abandoned under this subsection (c) if:
(1) the property has been tax delinquent for 2 or |
All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property, including publication in a newspaper that is in circulation in the county in which the action is pending. At least 30 days prior to any declaration of abandonment, the county or its agent shall post a notice not less than 1 foot by 1 foot in size on the front of the subject building or property. The notice shall be dated as of the date of the posting and state that the county is seeking a declaration of abandonment for the property. The notice shall also include the case number for the underlying circuit court petition filed pursuant to this subsection and a notification that the owner should file an appearance in the matter if the property is not abandoned.
The county, however, may proceed under this subsection in a
proceeding brought under subsection (a). Notice of the petition
shall be served by certified or registered mail on all persons who were
served notice under subsection (a).
If the county proves that the conditions described in this
subsection exist and the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, the court
shall declare the property abandoned.
If that determination is made, notice shall be sent by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the county unless, within 30 days of
the notice, the owner of record enters an appearance in the action, or
unless any other person having an interest in the property files with the
court a request to demolish any or all dangerous or unsafe buildings or to put the property
in safe condition.
If the owner of record enters an appearance in the action within the 30
day period, the court shall vacate its order declaring the property
abandoned. In that case, the county may amend its complaint in order
to initiate proceedings under subsection (a).
If a request to demolish any or all dangerous or unsafe buildings or to otherwise put the property in safe condition is filed within the 30
day period, the court shall grant permission to the requesting party to
demolish the building within 30 days or to restore the property to safe
condition within 60 days after the request is granted. An extension of
that period for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a timely
request, preference shall be given to the person with the lien or other
interest of the highest priority.
If the requesting party proves to the court that the building has been
demolished or put in a safe condition within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the county of all costs incurred
by the county in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with property maintenance, and receiver's
certificates. The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record.
If no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the property
in safe condition within the time specified by the court, the county
may petition the court to issue a judicial deed for the property to the
county or another governmental body designated by the county in the petition. A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens.
(d) Each county may use the provisions of this subsection to expedite the
removal of certain buildings that are a continuing hazard to the community in
which they are located.
If the official designated to be
in charge of enforcing the county's building code determines that a
building is open and vacant and an immediate and continuing hazard to the
community in which the building is located, then the official shall be
authorized to post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished, repaired,
or enclosed, and unless any garbage, debris, and other hazardous, noxious,
or unhealthy substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the building may
be demolished, repaired, or enclosed, or any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials may be removed, by
the county.
Not later than 30 days following the posting of the notice, the
county shall do both of the following:
(1) Cause to be sent, by certified mail, return
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A person objecting to the proposed actions of the county board may
file his or her objection in an appropriate form in a court of competent
jurisdiction.
If the building is not demolished, repaired, or enclosed, or the garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials are
not removed, within 30 days of mailing the notice to the owners of record,
the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice, whichever is
later, the county board shall have the power to demolish, repair, or
enclose the building or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection within a 120-day period
following the date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal of any garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials is
necessary to remedy the immediate and continuing hazard. If, however, before
the county proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this subsection before a
court and has served a copy of the complaint on the chief executive officer of
the county, then the county shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances until the
court determines that that action is necessary to remedy the hazard and issues
an order authorizing the county to do so.
The county must maintain documentation submitted from a contractor on the disposal of any demolition debris, clean or general, or uncontaminated soil generated during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. The documentation required by this paragraph does not apply to a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment.
Following the demolition, repair, or enclosure of a building, or the
removal of garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection, the county may file a
notice of lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the repair, demolition,
enclosure, or removal occurred, for the cost and expense incurred, in the
office of the recorder in the county in which the real estate is located or
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 of lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other description of
the property, sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized under
this subsection; (iii) the date or dates the expenses were incurred by
the county; (iv) a statement by the official
responsible for enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard
to the community; (v) a statement by the official that the
required sign was posted on the building, that notice was sent by certified
mail to the owners of record, and that notice was published in accordance
with this subsection; and (vi) a statement as to when and where the notice
was published. The lien authorized by this subsection may thereafter be
released or enforced by the county as provided in subsection (a).
(e) In any case where a county has obtained a lien under subsection (a),
the county may also bring an action for a money judgment against the owner or
owners of the real estate in the amount of the lien in the same manner as
provided for bringing causes of action in Article II of the Code of Civil
Procedure and, upon obtaining a judgment, file a judgment lien against all of
the real estate of the owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure.
(f) In addition to any other remedy provided by law, if a county finds that within a residential property of 1 acre or less there is an accumulation or concentration of: garbage; organic materials in an active state of decomposition including, but not limited to, carcasses, food waste, or other spoiled or rotting materials; human or animal waste; debris; or other hazardous, noxious, or unhealthy substances or materials, which present an immediate threat to the public health or safety or the health and safety of the occupants of the property, the county may, without any administrative procedure to bond, petition the court for immediate injunctive relief to abate or cause the abatement of the condition that is causing the threat to health or safety, including an order causing the removal of any unhealthy or unsafe accumulations or concentrations of the material or items listed in this subsection from the structure or property. The county shall file with the circuit court in which the property is located a petition for an order authorizing the abatement of the condition that is causing the threat to health or safety. A hearing on the petition shall be set within 5 days, not including weekends or holidays, from the date of filing. To provide notice of such hearing, the county shall make every effort to serve the property's owners of record with the petition and summons and, if such service cannot be had, shall provide an affidavit to the court at the hearing showing the service could not be had and the efforts taken to locate and serve the owners of record. The county shall also post a sign at the property notifying all persons of the court proceeding. Following the abatement actions, the county may file a notice of lien for the cost and expense of actions taken under this subsection as provided in subsection (a).
(Source: P.A. 101-200, eff. 1-1-20; 102-363, eff. 1-1-22; 102-847, eff. 5-13-22.)
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