(315 ILCS 30/23) (from Ch. 67 1/2, par. 91.123)
Sec. 23.
If any owner or agent of improved private property within a
conservation area as designated under this Act, shall after notice to owner
or agent and to mortgagee to comply and opportunity to be heard, fail to
make such property conform to minimum standards as set forth in the
governing ordinances of the municipality, the corporate authorities of a
municipality upon the request of the Department, shall apply to the Circuit
Court of the county in which the property is located for an order of court
permitting the corporate authorities 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 municipality or person performing the service by authority
of the municipality, in his or its own name, shall file notice of lien in
the office of the recorder in the county in which said 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
municipality. However, the lien of such municipality shall not be valid as
to any purchaser, mortgagee, judgment creditor, or other lienor whose
rights in and to said real estate have arisen subsequent to such repair or
improvements and prior to the filing of the notice of such 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 a person interested in said property, after notice of lien has been
filed, the lien shall be released by the municipality or person in whose
name the lien has been filed and said 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. Suit to foreclose
this lien shall be commenced within 3 years after the date of filing
notice of lien.
(Source: P.A. 83-358.)
|