(310 ILCS 10/8.17) (from Ch. 67 1/2, par. 8.17)
Sec. 8.17.
If any owner, agent or mortgagee of improved private property
within a designated conservation area, after notice by the Authority to
comply and opportunity to be heard, fails to make such property conform to
minimum standards as set forth in the governing ordinances of the
municipality or county, the Authority may apply to the Circuit Court of the
county in which the property is located for an order permitting the
Authority to make such improved property conform to such minimum standards
and to charge and collect from the owners of and persons interested in such
property the reasonable cost and expense of making such repairs or
improvements as are necessary to bring the property up to the minimum
standards of such ordinances. This cost and expense is a lien upon the real
estate affected, subordinate to all prior existing liens and encumbrances,
provided that within 60 days after the cost and expense is incurred the
Authority or person performing the service by authority of the Authority,
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 in the office
of the Registrar of Titles of such county if the real estate affected is
registered under "An Act concerning land titles", approved May 1, 1897,
as amended. The notice shall consist of a sworn
statement setting out (1) a description of the real estate sufficient for
identification thereof; (2) the amount of money representing the cost and
expense incurred or payable for the services; (3) the date or dates when
said cost and expense was incurred by the Authority. However, the lien of
the Authority shall not be valid as to any purchaser, mortgagee, judgment
creditor or other lienor whose rights in and to the real estate have
arisen subsequent to such repair or improvements and prior to the filing of
the notice of the lien in the office of the recorder, or in the
office of the Registrar of Titles, as aforesaid. Upon payment of said cost
and expense by the owner of or person interested in said property after
notice of lien has been filed, the lien shall be released by the Authority
or 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 case of mortgages or mechanics
liens. An action to foreclose this lien shall be commenced
within 3 years after
the date of filing notice of lien.
(Source: P.A. 83-358.)
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