Illinois Compiled Statutes
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60 ILCS 1/85-50
(60 ILCS 1/85-50)
Demolition, repair, or enclosure of buildings.
(a) The township board of any township may formally request the county board
to commence specified proceedings with respect to property located within the
township but outside the territory of any municipality as provided in Section
5-1121 of the Counties Code. If the county board declines the request as
provided in Section 5-1121 of the Counties Code, the township may exercise its
powers under this Section.
(b) The township board of each township 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 township and
may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings.
The township 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 the notice upon the
premises sought to be demolished or repaired is sufficient notice under this
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 township, 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
180 days after the repair, demolition, enclosure, or removal, the township,
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 lien becomes effective at the time of filing.
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 township,
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
township, 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 (c),
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 township, 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 township from the owner or owners of the real estate.
All liens arising under this subsection (b) 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 (c).
(c) In any case where a township has obtained a lien under
subsection (b), the township may enforce the lien under
this subsection (c) in the same proceeding in which the lien is authorized.
A township desiring to enforce a lien under this subsection (c) 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 (b).
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 (c) 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
township, 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 township from the owner or owners of the real
estate. If the court denies the petition, the township may enforce the
lien in a separate action as provided in subsection (b).
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 (c), 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 (c) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(d) In addition to any other remedy provided by law, the township
board of any township may petition the circuit court to have
property declared abandoned under this subsection (d) if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally in
(3) the property contains a dangerous or unsafe
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.
The township, however, may proceed under this subsection in a
proceeding brought under subsection (b). Notice of the petition
shall be served by certified or registered mail on all persons who were
served notice under subsection (b).
If the township 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 township 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 the dangerous or unsafe building or to put the
building 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 township may amend its complaint in order
to initiate proceedings under subsection (b).
If a request to demolish or repair the building 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 building 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 township of all costs incurred
by the township in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with building enclosure or removal, 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 building
in safe condition within the time specified by the court, the township
may petition the court to issue a judicial deed for the property
county. 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.
(Source: P.A. 94-841, eff. 6-7-06; 95-331, eff. 8-21-07.)