(65 ILCS 65/4) (from Ch. 24, par. 866g4)
Sec. 4.
At any time after the effective date of this Act the State's
Attorney of each county may petition the circuit court for judgment against
all tracts of land described in petitions filed under Section 1 of this
Act, wherein shall be set out a description of each tract, together with
the names of the owners or grantees of owners, mediate or immediate,
thereof, and the court shall set the same for hearing on a day not less
than 30 days thereafter. The clerk of the court shall cause notice thereof
by publication to be made in a newspaper published in the county, once in
each week or 2 successive weeks, the first publication thereof to be made
not less than 20 days before the day upon which the petition is set for
hearing. The notice shall declare that the State's Attorney will apply to
the circuit court on the day specified therein for judgment against such
tract or tracts of land for all delinquent special assessments and the
penalties, interest and costs therein, and for an order to sell such tract
or tracts for the satisfaction thereof. Upon the day specified for the
entry of judgment or upon such subsequent day as the court may at that time
fix, the court shall hear evidence upon the issues presented
in the petition, and if it appears that the owner of any such real estate,
or his or her grantee, mediate or immediate, has made payment as agreed
to be made in the petition filed by such owner, as provided in Sections
1 and 2 of this Act, he or she shall enter an order relieving the original
owner, his or her grantee, or subsequent grantees, of the payment of
sums alleged to be due for the delinquent special assessments and the
penalties, interest and cost thereon, and divesting the tract or tracts of the
lien thereof. If, however, it appears that the delinquent special assessment
against any tract, together with unremitted penalties, interest and costs
thereon, have not been paid as provided in this Act, judgment shall be rendered
against the same for all delinquent special assessments and penalties,
interest, and costs thereon, and the amount thereof shall be entered on the Tax
Judgment, Sale, Redemption and Forfeiture records of the county. The judgment
shall be enforceable in the manner provided for the enforcements of judgments
in the Property Tax Code.
The city, village or incorporated town in whose behalf judgment is
sought shall, upon presentation of a statement of the expense incurred by
the clerk of the court in causing the notice to be published, reimburse the
clerk for his or her expense.
(Source: P.A. 88-670, eff. 12-2-94.)
|