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90_SB0779
65 ILCS 5/11-30-15 new
Amends the Illinois Municipal Code to provide that a
municipality may require a person or entity transferring real
estate to obtain an inspection form and pay a fee to certify
the property's compliance with health, safety, and property
maintenance codes and zoning regulations. Provides that if
the real estate is not in compliance with these municipal
regulations, then the seller or purchaser must place the
property in compliance with the regulations before closing
the transaction or the purchaser must certify that the
property will be placed in compliance within a reasonable
time after the transaction. Provides that if the property
is not placed in compliance with the regulations within this
time, then the municipality may seek legal or equitable
remedies.
LRB9003338PTcw
LRB9003338PTcw
1 AN ACT to amend the Illinois Municipal Code by adding
2 Section 11-30-15.
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 adding Section 11-30-15 as follows:
7 (65 ILCS 5/11-30-15 new)
8 Sec. 11-30-15. Real estate inspection upon transfer.
9 (a) Definitions:
10 (1) Transfer. As used in this Section, "transfer"
11 shall mean any conveyance of real property whether by
12 deed, articles of agreement for deed, or assignment of
13 the beneficial interest under a land trust; any
14 transaction in which real property is used as collateral
15 for a loan; and any transaction in which a present
16 beneficiary is added to a land trust. A conveyance of
17 real property in which there is no additional party
18 acquiring an ownership interest or a present beneficial
19 interest in the conveyed real property does not
20 constitute a "transfer" as defined in this Section.
21 (2) Real Property. The term "real property" as
22 used in this Section shall mean all improved real
23 property.
24 (3) Person. As used in this Section, "person"
25 shall mean any individual, partnership, corporation,
26 trustee, or other registered entity.
27 (b) The corporate authorities of a municipality may by
28 ordinance require a person entering into a contract for the
29 sale or purchase of real estate located within its corporate
30 boundaries to obtain an inspection form approved by the
31 municipality with established health, safety, and property
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1 maintenance codes and zoning regulations for the real estate
2 to be transferred. The seller of the real property entering
3 into the contract for transfer of real estate shall obtain
4 from the appropriate municipal office an inspection form for
5 the real estate to be transferred and pay the fees
6 established by the corporate authorities for the inspection.
7 If the real estate to be transferred is found to be in
8 compliance with the municipality's established health,
9 safety, and property maintenance codes and zoning
10 regulations, a certificate shall be issued indicating that
11 the property is in compliance with the health, safety, and
12 property maintenance codes and zoning regulations established
13 by ordinance. This certificate shall be valid for 90 days.
14 If the real estate to be transferred is found not to be
15 in compliance with the municipality's established health,
16 safety, and property maintenance codes and zoning
17 regulations, the seller or purchaser must put the real estate
18 into compliance before the closing date of the real estate
19 transaction. If the seller finds that the repairs cannot be
20 made prior to the closing date, the purchaser must accept
21 responsibility, sworn before a notary public, to make
22 corrective measures within a reasonable time established by
23 the designated municipal official. The corporate authorities
24 may also require that an escrow account be established to
25 ensure that all corrective measures are made to the real
26 property being transferred.
27 If the corrective measures are not made within the
28 designated time frame, the municipality may exercise any and
29 all legal or equitable remedies available.
30 If the designated municipal official finds the real
31 property unfit for human occupancy, the official may order
32 that the property remain unoccupied until the corrective
33 measures are made. After the corrective measures are made,
34 the municipal official may issue the necessary certificate of
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1 compliance.