65 ILCS 60/ Delinquent Special Assessment Act.

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65 ILCS 60/0.01

(65 ILCS 60/0.01) (from Ch. 24, par. 808.37h)

Sec. 0.01.

Short title.

This Act may be cited as the

Delinquent Special Assessment Act.

(Source: P.A. 86-1324.)

65 ILCS 60/1

(65 ILCS 60/1) (from Ch. 24, par. 808.38)

Sec. 1.

The provisions of this Act shall apply in any city, village or
incorporated town of less than 500,000 inhabitants which adopts it by
ordinance: Provided that no such ordinance may be enacted until the council
or board of trustees of the city, village or incorporated town has made a
survey and has determined as a result of the survey that the payment in
full of the principal and interest on special assessment bonds will not be
prevented by the adoption of this Act. The facts disclosed by the survey,
the manner of conducting the same, and the determination resulting
therefrom shall be entered in the minutes of the meeting of the council or
board of trustees at which this Act is adopted. The ordinance may provide
either for the remission of all penalties, interest and costs, other than
advertising costs, on delinquent special assessments, or for the remission
of penalties, interest and costs, other than advertising costs, accruing
after the maturity date of bonds issued to finance the improvement.

Any owner of real estate on which there is any amount of past due
special assessments as of July 1, 1947, may, on or before June 1, 1948,
petition the officer authorized to collect the special assessments,
describing the tract or tracts of land to which the petitioner desires to
have the benefits of this Act apply and in such petition shall stipulate a
day, not later than 90 days after the filing thereof, on or before which he
will pay the full amount due as determined under this Act. Prior to the day
stipulated for payment, the land shall not be offered for sale on account
of failure to pay any of the items mentioned in the petition or which will
be remitted if payment is made as stipulated.

(Source: Laws 1947, p. 600.)

65 ILCS 60/2

(65 ILCS 60/2) (from Ch. 24, par. 808.39)

Sec. 2.

Upon receipt of the petition, the collector shall determine the
amount of past due special assessments on the land described in the
petition, together with advertising costs and all penalties, interest and
costs not remitted by ordinance as of the payment date stipulated therein,
but not including such penalties, interest and costs as may be remitted
under the ordinance.

(Source: Laws 1947, p. 600.)

65 ILCS 60/3

(65 ILCS 60/3) (from Ch. 24, par. 808.40)

Sec. 3.

The proper collector shall handle all matters covered by this
Act. He shall keep a separate record of each tract of land for which
payments are made, and, upon receiving the stipulated payment, he shall
issue a receipt therefor, showing that the past due special assessments on
the particular tract of land described, together with advertising costs and
all penalties, interest and costs not remitted under the ordinance, have
been paid, but that remitted penalties, interest and costs accrued thereon
have not been paid.

(Source: Laws 1947, p. 600.)

65 ILCS 60/4

(65 ILCS 60/4) (from Ch. 24, par. 808.41)

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 for 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 thereon, 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
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 enforcement 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 expense.

(Source: P.A. 88-670, eff. 12-2-94.)

65 ILCS 60/5

(65 ILCS 60/5) (from Ch. 24, par. 808.42)

Sec. 5.

When and if the taxpayer fails to pay the past due special
assessments and the unremitted penalties, interest and costs in accordance
with the provisions of this Act, he shall not receive the benefits of
this Act.

(Source: Laws 1947, p. 600.)

65 ILCS 60/6

(65 ILCS 60/6) (from Ch. 24, par. 808.43)

Sec. 6.

The benefits of this Act shall apply to any grantee or subsequent
owner of the tract or tracts of land described in the petition or petitions
referred to in Sections 1 and 2 of this Act.

(Source: Laws 1947, p. 600.)