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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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.