State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0038eng

      65 ILCS 5/11-31-1         from Ch. 24, par. 11-31-1
          Amends the  Illinois  Municipal  Code.  Provides  that  a
      municipality  may  demolish  a residential or commercial (now
      residential) building that is 3 (now 2) stories  or  less  if
      the building is open and vacant or (now and) an immediate and
      continuing hazard. Effective immediately.
                                                     LRB9000692MWpc
HB0038 Engrossed                               LRB9000692MWpc
 1        AN  ACT  to amend the Illinois Municipal Code by changing
 2    Section 11-31-1.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Municipal  Code is amended by
 6    changing Section 11-31-1 as follows:
 7        (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
 8        Sec. 11-31-1.  Demolition, repair, or enclosure.
 9        (a)  The corporate authorities of each  municipality  may
10    demolish, repair, or enclose or cause the demolition, repair,
11    or enclosure of dangerous and unsafe buildings or uncompleted
12    and   abandoned   buildings   within  the  territory  of  the
13    municipality and may remove or cause the removal of  garbage,
14    debris, and other hazardous, noxious, or unhealthy substances
15    or  materials  from  those  buildings.   In any county having
16    adopted by referendum or otherwise a county health department
17    as provided by Division 5-25 of  the  Counties  Code  or  its
18    predecessor,  the  county  board  of that county may exercise
19    those powers with regard to dangerous and unsafe buildings or
20    uncompleted and abandoned buildings within the  territory  of
21    any  city,  village,  or  incorporated  town having less than
22    50,000 population.
23        The corporate authorities  shall  apply  to  the  circuit
24    court  of the county in which the building is located (i) for
25    an order authorizing action to be taken  with  respect  to  a
26    building  if  the  owner or owners of the building, including
27    the lien holders of record, after at least 15  days'  written
28    notice by mail so to do, have failed to put the building in a
29    safe  condition  or  to  demolish  it  or  (ii)  for an order
30    requiring the owner or owners of record to demolish,  repair,
31    or  enclose  the  building  or to remove garbage, debris, and
HB0038 Engrossed            -2-                LRB9000692MWpc
 1    other  hazardous,  noxious,  or   unhealthy   substances   or
 2    materials  from  the  building.   It  is not a defense to the
 3    cause of action that the building is boarded up or  otherwise
 4    enclosed,  although the court may order the defendant to have
 5    the building boarded up or otherwise  enclosed.  Where,  upon
 6    diligent  search, the identity or whereabouts of the owner or
 7    owners of the building, including the lien holders of record,
 8    is not ascertainable, notice mailed to the person or  persons
 9    in whose name the real estate was last assessed is sufficient
10    notice under this Section.
11        The  hearing  upon  the  application to the circuit court
12    shall be expedited by the court and shall be given precedence
13    over all other suits.  Any person entitled to bring an action
14    under subsection (b) shall have the right to intervene in  an
15    action brought under this Section.
16        The cost of the demolition, repair, enclosure, or removal
17    incurred  by the municipality, by an intervenor, or by a lien
18    holder of record, including court costs, attorney's fees, and
19    other costs related to the enforcement of  this  Section,  is
20    recoverable  from  the  owner or owners of the real estate or
21    the previous owner or both if the  property  was  transferred
22    during  the  15  day  notice period and is a lien on the real
23    estate; the lien is superior to all prior existing liens  and
24    encumbrances,  except  taxes,  if,  within 180 days after the
25    repair, demolition, enclosure, or removal, the  municipality,
26    the lien holder of record, or the intervenor who incurred the
27    cost and expense shall file a notice of lien for the cost and
28    expense  incurred in the office of the recorder in the county
29    in which the real estate is located or in the office  of  the
30    registrar of titles of the county if the real estate affected
31    is registered under the Registered Titles (Torrens) Act.
32        The  notice must consist of a sworn statement setting out
33    (1) a description of  the  real  estate  sufficient  for  its
34    identification, (2) the amount of money representing the cost
HB0038 Engrossed            -3-                LRB9000692MWpc
 1    and expense incurred, and (3) the date or dates when the cost
 2    and expense was incurred by the municipality, the lien holder
 3    of  record,  or  the intervenor. Upon payment of the cost and
 4    expense by the owner of or persons interested in the property
 5    after the notice of lien has been filed, the  lien  shall  be
 6    released  by  the  municipality, the person in whose name the
 7    lien has been filed, or the assignee of  the  lien,  and  the
 8    release  may  be  filed  of  record  as in the case of filing
 9    notice of lien. Unless the lien is enforced under  subsection
10    (c),  the  lien may be enforced by foreclosure proceedings as
11    in the case of mortgage foreclosures under Article XV of  the
12    Code  of  Civil Procedure or mechanics' lien foreclosures. An
13    action to foreclose this lien may be commenced  at  any  time
14    after the date of filing of the notice of lien.  The costs of
15    foreclosure  incurred  by  the  municipality, including court
16    costs, reasonable attorney's fees, advances to  preserve  the
17    property,  and other costs related to the enforcement of this
18    subsection, plus statutory interest, are a lien on  the  real
19    estate and are recoverable by the municipality from the owner
20    or owners of the real estate.
21        All  liens  arising  under  this  subsection (a) shall be
22    assignable. The assignee of the  lien  shall  have  the  same
23    power to enforce the lien as the assigning party, except that
24    the lien may not be enforced under subsection (c).
25        If   the   appropriate   official   of  any  municipality
26    determines  that  any  dangerous  and  unsafe   building   or
27    uncompleted  and  abandoned  building  within  its  territory
28    fulfills  the  requirements for an action by the municipality
29    under  the  Abandoned   Housing   Rehabilitation   Act,   the
30    municipality  may  petition  under  that  Act in a proceeding
31    brought under this subsection.
32        (b)  Any owner or tenant of  real  property  within  1200
33    feet  in  any  direction  of any dangerous or unsafe building
34    located  within  the  territory  of  a  municipality  with  a
HB0038 Engrossed            -4-                LRB9000692MWpc
 1    population of 500,000 or more may file with  the  appropriate
 2    municipal authority  a request that the municipality apply to
 3    the  circuit  court  of  the  county in which the building is
 4    located for an order permitting the  demolition,  removal  of
 5    garbage,  debris,  and  other noxious or unhealthy substances
 6    and materials from, or repair or enclosure of the building in
 7    the manner prescribed in subsection (a) of this Section.   If
 8    the  municipality  fails  to  institute  an action in circuit
 9    court within 90 days after the filing  of  the  request,  the
10    owner  or  tenant  of  real  property within 1200 feet in any
11    direction of the building may institute an action in  circuit
12    court  seeking  an  order  compelling  the owner or owners of
13    record to demolish, remove garbage, debris, and other noxious
14    or unhealthy substances and materials from, repair or enclose
15    or to cause to be demolished, have garbage, debris, and other
16    noxious or unhealthy substances and materials  removed  from,
17    repaired,  or  enclosed  the building in question.  A private
18    owner or tenant who institutes an action under the  preceding
19    sentence shall not be required to pay any fee to the clerk of
20    the  circuit  court. The cost of repair, removal, demolition,
21    or enclosure shall be borne by the owner or owners of  record
22    of  the  building. In the event the owner or owners of record
23    fail to demolish, remove garbage, debris, and  other  noxious
24    or  unhealthy  substances  and  materials  from,  repair,  or
25    enclose  the  building  within  90 days of the date the court
26    entered its order, the owner or  tenant  who  instituted  the
27    action  may request that the court join the municipality as a
28    party to the action.  The court may order the municipality to
29    demolish, remove  materials  from,  repair,  or  enclose  the
30    building,  or  cause that action to be taken upon the request
31    of any owner or tenant who instituted the action or upon  the
32    municipality's  request.   The municipality may file, and the
33    court may approve, a plan for rehabilitating the building  in
34    question.  A  court  order  authorizing  the  municipality to
HB0038 Engrossed            -5-                LRB9000692MWpc
 1    demolish,  remove  materials  from,  repair,  or  enclose   a
 2    building,  or  cause  that  action  to  be  taken,  shall not
 3    preclude the court from adjudging  the  owner  or  owners  of
 4    record  of  the  building  in  contempt  of  court due to the
 5    failure to comply with the order to demolish, remove garbage,
 6    debris,  and  other  noxious  or  unhealthy  substances   and
 7    materials from, repair, or enclose the building.
 8        If  a  municipality or a person or persons other than the
 9    owner or owners of record pay the cost of demolition, removal
10    of garbage, debris, and other noxious or unhealthy substances
11    and materials, repair,  or  enclosure  pursuant  to  a  court
12    order,  the cost, including court costs, attorney's fees, and
13    other costs related to the enforcement of this subsection, is
14    recoverable from the owner or owners of the real  estate  and
15    is  a  lien  on  the real estate; the lien is superior to all
16    prior existing liens  and  encumbrances,  except  taxes,  if,
17    within  180  days  after  the repair, removal, demolition, or
18    enclosure, the municipality or the person or persons who paid
19    the costs of demolition, removal, repair, or enclosure  shall
20    file a notice of lien of the cost and expense incurred in the
21    office of the recorder in the county in which the real estate
22    is located or in the office of the registrar of the county if
23    the  real  estate affected is registered under the Registered
24    Titles (Torrens) Act. The notice shall be in  a  form  as  is
25    provided   in   subsection  (a).   An  owner  or  tenant  who
26    institutes an action in circuit court  seeking  an  order  to
27    compel  the  owner  or  owners  of record to demolish, remove
28    materials from, repair, or enclose any  dangerous  or  unsafe
29    building,  or  to  cause  that  action to be taken under this
30    subsection may recover court costs and reasonable  attorney's
31    fees  for  instituting the action from the owner or owners of
32    record of  the  building.  Upon  payment  of  the  costs  and
33    expenses  by  the  owner  of  or  a  person interested in the
34    property after the notice of lien has been  filed,  the  lien
HB0038 Engrossed            -6-                LRB9000692MWpc
 1    shall  be released by the municipality or the person in whose
 2    name the lien has been filed or his or her assignee, and  the
 3    release  may  be  filed  of record as in the case of filing a
 4    notice of lien.  Unless the lien is enforced under subsection
 5    (c), the lien may be enforced by foreclosure  proceedings  as
 6    in  the case of mortgage foreclosures under Article XV of the
 7    Code of Civil Procedure or mechanics' lien foreclosures.   An
 8    action  to  foreclose  this lien may be commenced at any time
 9    after the date of filing of the notice of lien.  The costs of
10    foreclosure incurred by  the  municipality,  including  court
11    costs,  reasonable  attorneys' fees, advances to preserve the
12    property, and other costs related to the enforcement of  this
13    subsection,  plus  statutory interest, are a lien on the real
14    estate and are recoverable by the municipality from the owner
15    or owners of the real estate.
16        All liens arising under the terms of this subsection  (b)
17    shall be assignable.  The assignee of the lien shall have the
18    same power to enforce the lien as the assigning party, except
19    that the lien may not be enforced under subsection (c).
20        (c)  In any case where a municipality has obtained a lien
21    under subsection (a) or (b), the municipality may enforce the
22    lien  under  this  subsection  (c)  in the same proceeding in
23    which the lien is authorized.
24        A municipality desiring to  enforce  a  lien  under  this
25    subsection   (c)   shall   petition   the   court  to  retain
26    jurisdiction   for   foreclosure   proceedings   under   this
27    subsection.  Notice of  the  petition  shall  be  served,  by
28    certified  or registered mail, on all persons who were served
29    notice under subsection (a) or (b).  The court shall  conduct
30    a  hearing  on  the  petition not less than 15 days after the
31    notice  is  served.   If  the  court  determines   that   the
32    requirements  of  this subsection (c) have been satisfied, it
33    shall grant the petition and  retain  jurisdiction  over  the
34    matter  until  the  foreclosure proceeding is completed.  The
HB0038 Engrossed            -7-                LRB9000692MWpc
 1    costs of foreclosure incurred by the municipality,  including
 2    court costs, reasonable attorneys' fees, advances to preserve
 3    the  property,  and other costs related to the enforcement of
 4    this subsection, plus statutory interest, are a lien  on  the
 5    real  estate and are recoverable by the municipality from the
 6    owner or owners of the real estate.  If the court denies  the
 7    petition, the municipality may enforce the lien in a separate
 8    action as provided in subsection (a) or (b).
 9        All  persons designated in Section 15-1501 of the Code of
10    Civil  Procedure  as  necessary   parties   in   a   mortgage
11    foreclosure action shall be joined as parties before issuance
12    of  an  order  of foreclosure.  Persons designated in Section
13    15-1501 of the Code of Civil Procedure as permissible parties
14    may also be joined as parties in the action.
15        The provisions  of  Article  XV  of  the  Code  of  Civil
16    Procedure  applicable to mortgage foreclosures shall apply to
17    the foreclosure of a lien under this subsection  (c),  except
18    to  the  extent  that  those provisions are inconsistent with
19    this subsection.   For  purposes  of  foreclosures  of  liens
20    under   this   subsection,  however,  the  redemption  period
21    described in subsection (b) of Section 15-1603 of the Code of
22    Civil Procedure shall end 60 days after the date of entry  of
23    the order of foreclosure.
24        (d)  In addition to any other remedy provided by law, the
25    corporate  authorities  of  any municipality may petition the
26    circuit court to have property declared abandoned under  this
27    subsection (d) if:
28             (1)  the  property  has been tax delinquent for 2 or
29        more years or bills for water service  for  the  property
30        have been outstanding for 2 or more years;
31             (2)  the  property  is unoccupied by persons legally
32        in possession; and
33             (3)  the property contains  a  dangerous  or  unsafe
34        building.
HB0038 Engrossed            -8-                LRB9000692MWpc
 1        All persons having an interest of record in the property,
 2    including   tax  purchasers  and  beneficial  owners  of  any
 3    Illinois land trust having title to the  property,  shall  be
 4    named  as defendants in the petition and shall be served with
 5    process.  In addition, service shall  be  had  under  Section
 6    2-206  of  the  Code  of  Civil  Procedure  as in other cases
 7    affecting property.
 8        The  municipality,  however,  may  proceed   under   this
 9    subsection  in  a  proceeding brought under subsection (a) or
10    (b).  Notice of the petition shall be served by certified  or
11    registered  mail  on all persons who were served notice under
12    subsection (a) or (b).
13        If the municipality proves that the conditions  described
14    in  this  subsection  exist  and  the  owner of record of the
15    property does not enter an appearance in the action,  or,  if
16    title  to  the property is held by an Illinois land trust, if
17    neither the owner of record nor the owner of  the  beneficial
18    interest  of  the trust enters an appearance, the court shall
19    declare the property abandoned.
20        If that determination is made, notice shall  be  sent  by
21    certified  or  registered  mail  to  all  persons  having  an
22    interest  of record in the property, including tax purchasers
23    and beneficial owners of any Illinois land trust having title
24    to the property, stating that title to the property  will  be
25    transferred to the municipality unless, within 30 days of the
26    notice,  the  owner  of  record  enters  an appearance in the
27    action, or unless any other person having an interest in  the
28    property  files  with  the  court  a  request to demolish the
29    dangerous or unsafe building or to put the building  in  safe
30    condition.
31        If the owner of record enters an appearance in the action
32    within  the  30  day period, the court shall vacate its order
33    declaring  the  property  abandoned.   In  that   case,   the
34    municipality  may  amend  its  complaint in order to initiate
HB0038 Engrossed            -9-                LRB9000692MWpc
 1    proceedings under subsection (a).
 2        If a request to demolish or repair the building is  filed
 3    within the 30 day period, the court shall grant permission to
 4    the  requesting party to demolish the building within 30 days
 5    or to restore the building to safe condition within  60  days
 6    after  the  request  is granted.  An extension of that period
 7    for up to 60 additional days may be given for good cause.  If
 8    more than one person with an interest in the property files a
 9    timely request, preference shall be given to the person  with
10    the lien or other interest of the highest priority.
11        If  the  requesting  party  proves  to the court that the
12    building has been demolished  or  put  in  a  safe  condition
13    within  the  period  of  time granted by the court, the court
14    shall issue a quitclaim judicial deed for the property to the
15    requesting party, conveying only the interest of the owner of
16    record, upon proof of payment  to  the  municipality  of  all
17    costs  incurred  by  the  municipality in connection with the
18    action, including but not limited to court costs,  attorney's
19    fees,  administrative  costs,  the  costs, if any, associated
20    with  building   enclosure   or   removal,   and   receiver's
21    certificates.  The interest in the property so conveyed shall
22    be subject to all liens and encumbrances on the property.  In
23    addition,  if  the interest is conveyed to a person holding a
24    certificate of purchase for the property under  the  Property
25    Tax  Code,  the  conveyance shall be subject to the rights of
26    redemption of all persons entitled to redeem under that  Act,
27    including the original owner of record.
28        If  no  person  with  an interest in the property files a
29    timely request or if the requesting party fails  to  demolish
30    the building or put the building in safe condition within the
31    time  specified  by  the court, the municipality may petition
32    the court to issue a judicial deed for the  property  to  the
33    municipality.  A conveyance by judicial deed shall operate to
34    extinguish all existing ownership interests in, liens on, and
HB0038 Engrossed            -10-               LRB9000692MWpc
 1    other interest in the property, including tax liens.
 2        (e)  Each  municipality  may  use  the provisions of this
 3    subsection to expedite the removal of certain buildings  that
 4    are  a  continuing  hazard to the community in which they are
 5    located.
 6        If a residential or commercial building is 3 2 stories or
 7    less in height as  defined  by  the  municipality's  building
 8    code,  and  the corporate official designated to be in charge
 9    of enforcing the municipality's building code determines that
10    the  building  is  open  and  vacant  and  an  immediate  and
11    continuing hazard to the community in which the  building  is
12    located,  then  the  official  shall  be authorized to post a
13    notice not less than 2 feet by 2 feet in size on the front of
14    the building.  The notice shall be dated as of  the  date  of
15    the  posting  and  shall  state  that  unless the building is
16    demolished, repaired, or enclosed, and  unless  any  garbage,
17    debris, and other hazardous, noxious, or unhealthy substances
18    or  materials are removed so that an immediate and continuing
19    hazard to the community no longer exists, then  the  building
20    may  be  demolished,  repaired,  or enclosed, or any garbage,
21    debris, and other hazardous, noxious, or unhealthy substances
22    or materials may be removed, by the municipality.
23        Not later than 30  days  following  the  posting  of  the
24    notice, the municipality shall do both of the following:
25             (1)  Cause  to  be  sent,  by certified mail, return
26        receipt requested, a notice to all owners  of  record  of
27        the  property, the beneficial owners of any Illinois land
28        trust having title to the property, and  all  lienholders
29        of  record  in  the  property,  stating the intent of the
30        municipality to demolish, repair, or enclose the building
31        or  remove  any  garbage,  debris,  or  other  hazardous,
32        noxious, or unhealthy substances  or  materials  if  that
33        action is not taken by the owner or owners.
34             (2)  Cause to be published, in a newspaper published
HB0038 Engrossed            -11-               LRB9000692MWpc
 1        or  circulated  in the municipality where the building is
 2        located, a notice setting forth  (i)  the  permanent  tax
 3        index  number  and  the  address  of the building, (ii) a
 4        statement that  the  property  is  open  and  vacant  and
 5        constitutes  an  immediate  and  continuing hazard to the
 6        community, and (iii) a statement  that  the  municipality
 7        intends  to  demolish, repair, or enclose the building or
 8        remove any garbage, debris, or other hazardous,  noxious,
 9        or  unhealthy  substances  or  materials  if the owner or
10        owners or lienholders of record  fail  to  do  so.   This
11        notice shall be published for 3 consecutive days.
12        A  person  objecting  to  the  proposed  actions  of  the
13    corporate  authorities  may  file  his or her objection in an
14    appropriate form in a court of competent jurisdiction.
15        If the building is not demolished, repaired, or enclosed,
16    or the garbage,  debris,  or  other  hazardous,  noxious,  or
17    unhealthy  substances or materials are not removed, within 30
18    days of mailing the notice  to  the  owners  of  record,  the
19    beneficial  owners of any Illinois land trust having title to
20    the property, and all lienholders of record in the  property,
21    or  within  30  days  of  the  last day of publication of the
22    notice, whichever is later, the corporate  authorities  shall
23    have  the  power to demolish, repair, or enclose the building
24    or  to  remove  any  garbage,  debris,  or  other  hazardous,
25    noxious, or unhealthy substances or materials.
26        The municipality may  proceed  to  demolish,  repair,  or
27    enclose  a  building  or remove any garbage, debris, or other
28    hazardous, noxious,  or  unhealthy  substances  or  materials
29    under  this  subsection within a 120-day period following the
30    date of the mailing of the notice if the appropriate official
31    determines that the demolition, repair, enclosure, or removal
32    of any garbage,  debris,  or  other  hazardous,  noxious,  or
33    unhealthy  substances or materials is necessary to remedy the
34    immediate and continuing hazard.   If,  however,  before  the
HB0038 Engrossed            -12-               LRB9000692MWpc
 1    municipality  proceeds  with any of the actions authorized by
 2    this subsection, any person has sought a hearing  under  this
 3    subsection  before  a  court  and  has  served  a copy of the
 4    complaint on the chief executive officer of the municipality,
 5    then the municipality shall not proceed with the  demolition,
 6    repair,  enclosure,  or  removal of garbage, debris, or other
 7    substances until the court determines  that  that  action  is
 8    necessary   to   remedy   the  hazard  and  issues  an  order
 9    authorizing the municipality to do so.
10        Following the  demolition,  repair,  or  enclosure  of  a
11    building,  or  the  removal  of  garbage,  debris,  or  other
12    hazardous,  noxious,  or  unhealthy  substances  or materials
13    under this subsection, the municipality may file a notice  of
14    lien  against the real estate for the cost of the demolition,
15    repair, enclosure, or  removal  within  180  days  after  the
16    repair,  demolition,  enclosure, or removal occurred, for the
17    cost and expense incurred, in the office of the  recorder  in
18    the  county  in  which  the  real estate is located or in the
19    office of the registrar of titles of the county if  the  real
20    estate  affected  is  registered  under the Registered Titles
21    (Torrens) Act.  The notice of lien shall consist of  a  sworn
22    statement setting forth (i) a description of the real estate,
23    such  as  the  address  or other description of the property,
24    sufficient for its identification; (ii) the expenses incurred
25    by the  municipality  in  undertaking  the  remedial  actions
26    authorized under this subsection; (iii) the date or dates the
27    expenses  were incurred by the municipality; (iv) a statement
28    by the  corporate  official  responsible  for  enforcing  the
29    building  code  that  the  building  was  open and vacant and
30    constituted  an  immediate  and  continuing  hazard  to   the
31    community; (v) a statement by the corporate official that the
32    required  sign  was  posted  on the building, that notice was
33    sent by certified mail to the  owners  of  record,  and  that
34    notice  was published in accordance with this subsection; and
HB0038 Engrossed            -13-               LRB9000692MWpc
 1    (vi) a  statement  as  to  when  and  where  the  notice  was
 2    published.   The  lien  authorized  by  this  subsection  may
 3    thereafter  be  released  or  enforced by the municipality as
 4    provided in subsection (a).
 5    (Source: P.A.  88-646,  eff.  1-1-95;  88-658,  eff.  1-1-95;
 6    88-670, eff.  12-2-94;  89-235,  eff.  8-4-95;  89-303,  eff.
 7    1-1-96.)
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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