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90_HB1901
55 ILCS 5/5-12003 from Ch. 34, par. 5-12003
Amends the Counties Code by making technical changes to
the Section concerning special flood hazard areas.
LRB9005227MWcd
LRB9005227MWcd
1 AN ACT to amend the Counties Code by changing Section
2 5-12003.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-12003 as follows:
7 (55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
8 Sec. 5-12003. Special flood hazard areas. In those areas
9 within the territory of a county with a population in excess
10 of 500,000 and fewer than 3 million inhabitants, and outside
11 any city, village or incorporated town, that which are
12 identified as "Special Flood Hazard Areas" under the terms
13 and provisions of any ordinance adopted under this Division
14 the unauthorized excavation or filling of such an area by any
15 person shall cause the county board to apply to the circuit
16 court in that county for an order to remove the fill and
17 restore the parcel to its natural elevation in order to
18 lessen or avoid the imminent threat to the public health,
19 safety or welfare and damage to property resulting from the
20 accumulation or run-off of storm or flood waters. Where,
21 upon diligent search, the identity or whereabouts of the
22 owner of any such parcel, including lien holders of record,
23 are not ascertainable, notice mailed to the person in whose
24 name such real estate was last assessed for taxes, as shown
25 by the county collector's books, constitutes sufficient
26 notice under this Section. The hearing upon such application
27 to the circuit court shall be expedited by the court and
28 given precedence over all other suits. The cost of removal
29 or restoration incurred by the county board is recoverable
30 from the owner of such real estate and is a lien thereon,
31 which lien is superior to all prior existing liens and
-2- LRB9005227MWcd
1 encumbrances, except taxes; provided that within 60 days
2 after such removal of fill or restoration of the parcel to
3 its natural elevation, the county board shall file notice or
4 lien such cost and expense incurred in the office of the
5 recorder of the county. The notice must consist of a sworn
6 statement setting out (1) a description of the real estate
7 sufficient for identification thereof, (2) the amount of
8 money representing the cost and expense incurred, and (3) the
9 date on which the cost was incurred by the county. Upon
10 payment of the costs and expenses by the owner or persons
11 interested in the property, the lien shall be released by the
12 county in whose name the lien has been filed and the release
13 may be filed of record. The lien may be enforced by
14 proceedings of foreclosure as in the case of mortgages or
15 mechanics' liens, which action must be commenced within 3
16 years after the date of filing notice of lien.
17 (Source: P.A. 86-962.)