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| [ Introduced ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] |
91_SB0844eng SB844 Engrossed LRB9103737MWpr 1 AN ACT to amend the Illinois Municipal Code by changing 2 Sections 11-31-1 and 11-31.1-1. 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 Sections 11-31-1 and 11-31.1-1 as follows: 7 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 8 Sec. 11-31-1. Demolition, repair, enclosure, or 9 remediation. 10 (a) The corporate authorities of each municipality may 11 demolish, repair, or enclose or cause the demolition, repair, 12 or enclosure of dangerous and unsafe buildings or uncompleted 13 and abandoned buildings within the territory of the 14 municipality and may remove or cause the removal of garbage, 15 debris, and other hazardous, noxious, or unhealthy substances 16 or materials from those buildings. In any county having 17 adopted by referendum or otherwise a county health department 18 as provided by Division 5-25 of the Counties Code or its 19 predecessor, the county board of that county may exercise 20 those powers with regard to dangerous and unsafe buildings or 21 uncompleted and abandoned buildings within the territory of 22 any city, village, or incorporated town having less than 23 50,000 population. 24 The corporate authorities shall apply to the circuit 25 court of the county in which the building is located (i) for 26 an order authorizing action to be taken with respect to a 27 building if the owner or owners of the building, including 28 the lien holders of record, after at least 15 days' written 29 notice by mail so to do, have failed to put the building in a 30 safe condition or to demolish it or (ii) for an order 31 requiring the owner or owners of record to demolish, repair, SB844 Engrossed -2- LRB9103737MWpr 1 or enclose the building or to remove garbage, debris, and 2 other hazardous, noxious, or unhealthy substances or 3 materials from the building. It is not a defense to the 4 cause of action that the building is boarded up or otherwise 5 enclosed, although the court may order the defendant to have 6 the building boarded up or otherwise enclosed. Where, upon 7 diligent search, the identity or whereabouts of the owner or 8 owners of the building, including the lien holders of record, 9 is not ascertainable, notice mailed to the person or persons 10 in whose name the real estate was last assessed is sufficient 11 notice under this Section. 12 The hearing upon the application to the circuit court 13 shall be expedited by the court and shall be given precedence 14 over all other suits. Any person entitled to bring an action 15 under subsection (b) shall have the right to intervene in an 16 action brought under this Section. 17 The cost of the demolition, repair, enclosure, or removal 18 incurred by the municipality, by an intervenor, or by a lien 19 holder of record, including court costs, attorney's fees, and 20 other costs related to the enforcement of this Section, is 21 recoverable from the owner or owners of the real estate or 22 the previous owner or both if the property was transferred 23 during the 15 day notice period and is a lien on the real 24 estate; the lien is superior to all prior existing liens and 25 encumbrances, except taxes, if, within 180 days after the 26 repair, demolition, enclosure, or removal, the municipality, 27 the lien holder of record, or the intervenor who incurred the 28 cost and expense shall file a notice of lien for the cost and 29 expense incurred in the office of the recorder in the county 30 in which the real estate is located or in the office of the 31 registrar of titles of the county if the real estate affected 32 is registered under the Registered Titles (Torrens) Act. 33 The notice must consist of a sworn statement setting out 34 (1) a description of the real estate sufficient for its SB844 Engrossed -3- LRB9103737MWpr 1 identification, (2) the amount of money representing the cost 2 and expense incurred, and (3) the date or dates when the cost 3 and expense was incurred by the municipality, the lien holder 4 of record, or the intervenor. Upon payment of the cost and 5 expense by the owner of or persons interested in the property 6 after the notice of lien has been filed, the lien shall be 7 released by the municipality, the person in whose name the 8 lien has been filed, or the assignee of the lien, and the 9 release may be filed of record as in the case of filing 10 notice of lien. Unless the lien is enforced under subsection 11 (c), the lien may be enforced by foreclosure proceedings as 12 in the case of mortgage foreclosures under Article XV of the 13 Code of Civil Procedure or mechanics' lien foreclosures. An 14 action to foreclose this lien may be commenced at any time 15 after the date of filing of the notice of lien. The costs of 16 foreclosure incurred by the municipality, including court 17 costs, reasonable attorney's fees, advances to preserve the 18 property, and other costs related to the enforcement of this 19 subsection, plus statutory interest, are a lien on the real 20 estate and are recoverable by the municipality from the owner 21 or owners of the real estate. 22 All liens arising under this subsection (a) shall be 23 assignable. The assignee of the lien shall have the same 24 power to enforce the lien as the assigning party, except that 25 the lien may not be enforced under subsection (c). 26 If the appropriate official of any municipality 27 determines that any dangerous and unsafe building or 28 uncompleted and abandoned building within its territory 29 fulfills the requirements for an action by the municipality 30 under the Abandoned Housing Rehabilitation Act, the 31 municipality may petition under that Act in a proceeding 32 brought under this subsection. 33 (b) Any owner or tenant of real property within 1200 34 feet in any direction of any dangerous or unsafe building SB844 Engrossed -4- LRB9103737MWpr 1 located within the territory of a municipality with a 2 population of 500,000 or more may file with the appropriate 3 municipal authority a request that the municipality apply to 4 the circuit court of the county in which the building is 5 located for an order permitting the demolition, removal of 6 garbage, debris, and other noxious or unhealthy substances 7 and materials from, or repair or enclosure of the building in 8 the manner prescribed in subsection (a) of this Section. If 9 the municipality fails to institute an action in circuit 10 court within 90 days after the filing of the request, the 11 owner or tenant of real property within 1200 feet in any 12 direction of the building may institute an action in circuit 13 court seeking an order compelling the owner or owners of 14 record to demolish, remove garbage, debris, and other noxious 15 or unhealthy substances and materials from, repair or enclose 16 or to cause to be demolished, have garbage, debris, and other 17 noxious or unhealthy substances and materials removed from, 18 repaired, or enclosed the building in question. A private 19 owner or tenant who institutes an action under the preceding 20 sentence shall not be required to pay any fee to the clerk of 21 the circuit court. The cost of repair, removal, demolition, 22 or enclosure shall be borne by the owner or owners of record 23 of the building. In the event the owner or owners of record 24 fail to demolish, remove garbage, debris, and other noxious 25 or unhealthy substances and materials from, repair, or 26 enclose the building within 90 days of the date the court 27 entered its order, the owner or tenant who instituted the 28 action may request that the court join the municipality as a 29 party to the action. The court may order the municipality to 30 demolish, remove materials from, repair, or enclose the 31 building, or cause that action to be taken upon the request 32 of any owner or tenant who instituted the action or upon the 33 municipality's request. The municipality may file, and the 34 court may approve, a plan for rehabilitating the building in SB844 Engrossed -5- LRB9103737MWpr 1 question. A court order authorizing the municipality to 2 demolish, remove materials from, repair, or enclose a 3 building, or cause that action to be taken, shall not 4 preclude the court from adjudging the owner or owners of 5 record of the building in contempt of court due to the 6 failure to comply with the order to demolish, remove garbage, 7 debris, and other noxious or unhealthy substances and 8 materials from, repair, or enclose the building. 9 If a municipality or a person or persons other than the 10 owner or owners of record pay the cost of demolition, removal 11 of garbage, debris, and other noxious or unhealthy substances 12 and materials, repair, or enclosure pursuant to a court 13 order, the cost, including court costs, attorney's fees, and 14 other costs related to the enforcement of this subsection, is 15 recoverable from the owner or owners of the real estate and 16 is a lien on the real estate; the lien is superior to all 17 prior existing liens and encumbrances, except taxes, if, 18 within 180 days after the repair, removal, demolition, or 19 enclosure, the municipality or the person or persons who paid 20 the costs of demolition, removal, repair, or enclosure shall 21 file a notice of lien of the cost and expense incurred in the 22 office of the recorder in the county in which the real estate 23 is located or in the office of the registrar of the county if 24 the real estate affected is registered under the Registered 25 Titles (Torrens) Act. The notice shall be in a form as is 26 provided in subsection (a). An owner or tenant who 27 institutes an action in circuit court seeking an order to 28 compel the owner or owners of record to demolish, remove 29 materials from, repair, or enclose any dangerous or unsafe 30 building, or to cause that action to be taken under this 31 subsection may recover court costs and reasonable attorney's 32 fees for instituting the action from the owner or owners of 33 record of the building. Upon payment of the costs and 34 expenses by the owner of or a person interested in the SB844 Engrossed -6- LRB9103737MWpr 1 property after the notice of lien has been filed, the lien 2 shall be released by the municipality or the person in whose 3 name the lien has been filed or his or her assignee, and the 4 release may be filed of record as in the case of filing a 5 notice of lien. Unless the lien is enforced under subsection 6 (c), the lien may be enforced by foreclosure proceedings as 7 in the case of mortgage foreclosures under Article XV of the 8 Code of Civil Procedure or mechanics' lien foreclosures. An 9 action to foreclose this lien may be commenced at any time 10 after the date of filing of the notice of lien. The costs of 11 foreclosure incurred by the municipality, including court 12 costs, reasonable attorneys' fees, advances to preserve the 13 property, and other costs related to the enforcement of this 14 subsection, plus statutory interest, are a lien on the real 15 estate and are recoverable by the municipality from the owner 16 or owners of the real estate. 17 All liens arising under the terms of this subsection (b) 18 shall be assignable. The assignee of the lien shall have the 19 same power to enforce the lien as the assigning party, except 20 that the lien may not be enforced under subsection (c). 21 (c) In any case where a municipality has obtained a lien 22 under subsection (a), (b), or (f), the municipality may 23 enforce the lien under this subsection (c) in the same 24 proceeding in which the lien is authorized. 25 A municipality desiring to enforce a lien under this 26 subsection (c) shall petition the court to retain 27 jurisdiction for foreclosure proceedings under this 28 subsection. Notice of the petition shall be served, by 29 certified or registered mail, on all persons who were served 30 notice under subsection (a), (b), or (f). The court shall 31 conduct a hearing on the petition not less than 15 days after 32 the notice is served. If the court determines that the 33 requirements of this subsection (c) have been satisfied, it 34 shall grant the petition and retain jurisdiction over the SB844 Engrossed -7- LRB9103737MWpr 1 matter until the foreclosure proceeding is completed. The 2 costs of foreclosure incurred by the municipality, including 3 court costs, reasonable attorneys' fees, advances to preserve 4 the property, and other costs related to the enforcement of 5 this subsection, plus statutory interest, are a lien on the 6 real estate and are recoverable by the municipality from the 7 owner or owners of the real estate. If the court denies the 8 petition, the municipality may enforce the lien in a separate 9 action as provided in subsection (a), (b), or (f). 10 All persons designated in Section 15-1501 of the Code of 11 Civil Procedure as necessary parties in a mortgage 12 foreclosure action shall be joined as parties before issuance 13 of an order of foreclosure. Persons designated in Section 14 15-1501 of the Code of Civil Procedure as permissible parties 15 may also be joined as parties in the action. 16 The provisions of Article XV of the Code of Civil 17 Procedure applicable to mortgage foreclosures shall apply to 18 the foreclosure of a lien under this subsection (c), except 19 to the extent that those provisions are inconsistent with 20 this subsection. For purposes of foreclosures of liens 21 under this subsection, however, the redemption period 22 described in subsection (b) of Section 15-1603 of the Code of 23 Civil Procedure shall end 60 days after the date of entry of 24 the order of foreclosure. 25 (d) In addition to any other remedy provided by law, the 26 corporate authorities of any municipality may petition the 27 circuit court to have property declared abandoned under this 28 subsection (d) if: 29 (1) the property has been tax delinquent for 2 or 30 more years or bills for water service for the property 31 have been outstanding for 2 or more years; 32 (2) the property is unoccupied by persons legally 33 in possession; and 34 (3) the property contains a dangerous or unsafe SB844 Engrossed -8- LRB9103737MWpr 1 building. 2 All persons having an interest of record in the property, 3 including tax purchasers and beneficial owners of any 4 Illinois land trust having title to the property, shall be 5 named as defendants in the petition and shall be served with 6 process. In addition, service shall be had under Section 7 2-206 of the Code of Civil Procedure as in other cases 8 affecting property. 9 The municipality, however, may proceed under this 10 subsection in a proceeding brought under subsection (a) or 11 (b). Notice of the petition shall be served by certified or 12 registered mail on all persons who were served notice under 13 subsection (a) or (b). 14 If the municipality proves that the conditions described 15 in this subsection exist and the owner of record of the 16 property does not enter an appearance in the action, or, if 17 title to the property is held by an Illinois land trust, if 18 neither the owner of record nor the owner of the beneficial 19 interest of the trust enters an appearance, the court shall 20 declare the property abandoned. 21 If that determination is made, notice shall be sent by 22 certified or registered mail to all persons having an 23 interest of record in the property, including tax purchasers 24 and beneficial owners of any Illinois land trust having title 25 to the property, stating that title to the property will be 26 transferred to the municipality unless, within 30 days of the 27 notice, the owner of record enters an appearance in the 28 action, or unless any other person having an interest in the 29 property files with the court a request to demolish the 30 dangerous or unsafe building or to put the building in safe 31 condition. 32 If the owner of record enters an appearance in the action 33 within the 30 day period, the court shall vacate its order 34 declaring the property abandoned. In that case, the SB844 Engrossed -9- LRB9103737MWpr 1 municipality may amend its complaint in order to initiate 2 proceedings under subsection (a). 3 If a request to demolish or repair the building is filed 4 within the 30 day period, the court shall grant permission to 5 the requesting party to demolish the building within 30 days 6 or to restore the building to safe condition within 60 days 7 after the request is granted. An extension of that period 8 for up to 60 additional days may be given for good cause. If 9 more than one person with an interest in the property files a 10 timely request, preference shall be given to the person with 11 the lien or other interest of the highest priority. 12 If the requesting party proves to the court that the 13 building has been demolished or put in a safe condition 14 within the period of time granted by the court, the court 15 shall issue a quitclaim judicial deed for the property to the 16 requesting party, conveying only the interest of the owner of 17 record, upon proof of payment to the municipality of all 18 costs incurred by the municipality in connection with the 19 action, including but not limited to court costs, attorney's 20 fees, administrative costs, the costs, if any, associated 21 with building enclosure or removal, and receiver's 22 certificates. The interest in the property so conveyed shall 23 be subject to all liens and encumbrances on the property. In 24 addition, if the interest is conveyed to a person holding a 25 certificate of purchase for the property under the Property 26 Tax Code, the conveyance shall be subject to the rights of 27 redemption of all persons entitled to redeem under that Act, 28 including the original owner of record. 29 If no person with an interest in the property files a 30 timely request or if the requesting party fails to demolish 31 the building or put the building in safe condition within the 32 time specified by the court, the municipality may petition 33 the court to issue a judicial deed for the property to the 34 municipality. A conveyance by judicial deed shall operate to SB844 Engrossed -10- LRB9103737MWpr 1 extinguish all existing ownership interests in, liens on, and 2 other interest in the property, including tax liens. 3 (e) Each municipality may use the provisions of this 4 subsection to expedite the removal of certain buildings that 5 are a continuing hazard to the community in which they are 6 located. 7 If a residential or commercial building is 3 stories or 8 less in height as defined by the municipality's building 9 code, and the corporate official designated to be in charge 10 of enforcing the municipality's building code determines that 11 the building is open and vacant and an immediate and 12 continuing hazard to the community in which the building is 13 located, then the official shall be authorized to post a 14 notice not less than 2 feet by 2 feet in size on the front of 15 the building. The notice shall be dated as of the date of 16 the posting and shall state that unless the building is 17 demolished, repaired, or enclosed, and unless any garbage, 18 debris, and other hazardous, noxious, or unhealthy substances 19 or materials are removed so that an immediate and continuing 20 hazard to the community no longer exists, then the building 21 may be demolished, repaired, or enclosed, or any garbage, 22 debris, and other hazardous, noxious, or unhealthy substances 23 or materials may be removed, by the municipality. 24 Not later than 30 days following the posting of the 25 notice, the municipality shall do both of the following: 26 (1) Cause to be sent, by certified mail, return 27 receipt requested, a notice to all owners of record of 28 the property, the beneficial owners of any Illinois land 29 trust having title to the property, and all lienholders 30 of record in the property, stating the intent of the 31 municipality to demolish, repair, or enclose the building 32 or remove any garbage, debris, or other hazardous, 33 noxious, or unhealthy substances or materials if that 34 action is not taken by the owner or owners. SB844 Engrossed -11- LRB9103737MWpr 1 (2) Cause to be published, in a newspaper published 2 or circulated in the municipality where the building is 3 located, a notice setting forth (i) the permanent tax 4 index number and the address of the building, (ii) a 5 statement that the property is open and vacant and 6 constitutes an immediate and continuing hazard to the 7 community, and (iii) a statement that the municipality 8 intends to demolish, repair, or enclose the building or 9 remove any garbage, debris, or other hazardous, noxious, 10 or unhealthy substances or materials if the owner or 11 owners or lienholders of record fail to do so. This 12 notice shall be published for 3 consecutive days. 13 A person objecting to the proposed actions of the 14 corporate authorities may file his or her objection in an 15 appropriate form in a court of competent jurisdiction. 16 If the building is not demolished, repaired, or enclosed, 17 or the garbage, debris, or other hazardous, noxious, or 18 unhealthy substances or materials are not removed, within 30 19 days of mailing the notice to the owners of record, the 20 beneficial owners of any Illinois land trust having title to 21 the property, and all lienholders of record in the property, 22 or within 30 days of the last day of publication of the 23 notice, whichever is later, the corporate authorities shall 24 have the power to demolish, repair, or enclose the building 25 or to remove any garbage, debris, or other hazardous, 26 noxious, or unhealthy substances or materials. 27 The municipality may proceed to demolish, repair, or 28 enclose a building or remove any garbage, debris, or other 29 hazardous, noxious, or unhealthy substances or materials 30 under this subsection within a 120-day period following the 31 date of the mailing of the notice if the appropriate official 32 determines that the demolition, repair, enclosure, or removal 33 of any garbage, debris, or other hazardous, noxious, or 34 unhealthy substances or materials is necessary to remedy the SB844 Engrossed -12- LRB9103737MWpr 1 immediate and continuing hazard. If, however, before the 2 municipality proceeds with any of the actions authorized by 3 this subsection, any person has sought a hearing under this 4 subsection before a court and has served a copy of the 5 complaint on the chief executive officer of the municipality, 6 then the municipality shall not proceed with the demolition, 7 repair, enclosure, or removal of garbage, debris, or other 8 substances until the court determines that that action is 9 necessary to remedy the hazard and issues an order 10 authorizing the municipality to do so. 11 Following the demolition, repair, or enclosure of a 12 building, or the removal of garbage, debris, or other 13 hazardous, noxious, or unhealthy substances or materials 14 under this subsection, the municipality may file a notice of 15 lien against the real estate for the cost of the demolition, 16 repair, enclosure, or removal within 180 days after the 17 repair, demolition, enclosure, or removal occurred, for the 18 cost and expense incurred, in the office of the recorder in 19 the county in which the real estate is located or in the 20 office of the registrar of titles of the county if the real 21 estate affected is registered under the Registered Titles 22 (Torrens) Act. The notice of lien shall consist of a sworn 23 statement setting forth (i) a description of the real estate, 24 such as the address or other description of the property, 25 sufficient for its identification; (ii) the expenses incurred 26 by the municipality in undertaking the remedial actions 27 authorized under this subsection; (iii) the date or dates the 28 expenses were incurred by the municipality; (iv) a statement 29 by the corporate official responsible for enforcing the 30 building code that the building was open and vacant and 31 constituted an immediate and continuing hazard to the 32 community; (v) a statement by the corporate official that the 33 required sign was posted on the building, that notice was 34 sent by certified mail to the owners of record, and that SB844 Engrossed -13- LRB9103737MWpr 1 notice was published in accordance with this subsection; and 2 (vi) a statement as to when and where the notice was 3 published. The lien authorized by this subsection may 4 thereafter be released or enforced by the municipality as 5 provided in subsection (a). 6 (f) The corporate authorities of each municipality may 7 remove or cause the removal of, or otherwise environmentally 8 remediate hazardous substances and petroleum products on, in, 9 or under any abandoned and unsafe property within the 10 territory of a municipality. In addition, where preliminary 11 evidence indicates the presence or likely presence of a 12 hazardous substance or a petroleum product or a release or a 13 substantial threat of a release of a hazardous substance or a 14 petroleum product on, in, or under the property, the 15 corporate authorities of the municipality may inspect the 16 property and test for the presence or release of hazardous 17 substances and petroleum products. In any county having 18 adopted by referendum or otherwise a county health department 19 as provided by Division 5-25 of the Counties Code or its 20 predecessor, the county board of that county may exercise the 21 above-described powers with regard to property within the 22 territory of any city, village, or incorporated town having 23 less than 50,000 population. 24 For purposes of this subsection (f): 25 (1) "property" or "real estate" means all real 26 property, whether or not improved by a structure; 27 (2) "abandoned" means; 28 (A) the property has been tax delinquent for 2 29 or more years; 30 (B) the property is unoccupied by persons 31 legally in possession; and 32 (3) "unsafe" means property that presents an actual 33 or imminent threat to public health and safety caused by 34 the release of hazardous substances; and SB844 Engrossed -14- LRB9103737MWpr 1 (4) "hazardous substances" means the same as in 2 Section 3.14 of the Environmental Protection Act. 3 The corporate authorities shall apply to the circuit 4 court of the county in which the property is located (i) for 5 an order allowing the municipality to enter the property and 6 inspect and test substances on, in, or under the property; or 7 (ii) for an order authorizing the corporate authorities to 8 take action with respect to remediation of the property if 9 conditions on the property, based on the inspection and 10 testing authorized in paragraph (i), indicate the presence of 11 hazardous substances or petroleum products. Remediation 12 shall be deemed complete for purposes of paragraph (ii) above 13 when the property satisfies Tier I, II, or III remediation 14 objectives for the property's most recent usage, as 15 established by the Environmental Protection Act, and the 16 rules and regulations promulgated thereunder. Where, upon 17 diligent search, the identity or whereabouts of the owner or 18 owners of the property, including the lien holders of record, 19 is not ascertainable, notice mailed to the person or persons 20 in whose name the real estate was last assessed is sufficient 21 notice under this Section. 22 The court shall grant an order authorizing testing under 23 paragraph (i) above upon a showing of preliminary evidence 24 indicating the presence or likely presence of a hazardous 25 substance or a petroleum product or a release of or a 26 substantial threat of a release of a hazardous substance or a 27 petroleum product on, in, or under abandoned property. The 28 preliminary evidence may include, but is not limited to, 29 evidence of prior use, visual site inspection, or records of 30 prior environmental investigations. The testing authorized 31 by paragraph (i) above shall include any type of 32 investigation which is necessary for an environmental 33 professional to determine the environmental condition of the 34 property, including but not limited to performance of soil SB844 Engrossed -15- LRB9103737MWpr 1 borings and groundwater monitoring. The court shall grant a 2 remediation order under paragraph (ii) above where testing of 3 the property indicates that it fails to meet the applicable 4 remediation objectives. The hearing upon the application to 5 the circuit court shall be expedited by the court and shall 6 be given precedence over all other suits. 7 The cost of the inspection, testing, or remediation 8 incurred by the municipality or by a lien holder of record, 9 including court costs, attorney's fees, and other costs 10 related to the enforcement of this Section, is a lien on the 11 real estate; except that in any instances where a 12 municipality incurs costs of inspection and testing but finds 13 no hazardous substances or petroleum products on the property 14 that present an actual or imminent threat to public health 15 and safety, such costs are not recoverable from the owners 16 nor are such costs a lien on the real estate. The lien is 17 superior to all prior existing liens and encumbrances, except 18 taxes and any lien obtained under subsection (a) or (e), if, 19 within 180 days after the completion of the inspection, 20 testing, or remediation, the municipality or the lien holder 21 of record who incurred the cost and expense shall file a 22 notice of lien for the cost and expense incurred in the 23 office of the recorder in the county in which the real estate 24 is located or in the office of the registrar of titles of the 25 county if the real estate affected is registered under the 26 Registered Titles (Torrens) Act. 27 The notice must consist of a sworn statement setting out 28 (i) a description of the real estate sufficient for its 29 identification, (ii) the amount of money representing the 30 cost and expense incurred, and (iii) the date or dates when 31 the cost and expense was incurred by the municipality or the 32 lien holder of record. Upon payment of the lien amount by 33 the owner of or persons interested in the property after the 34 notice of lien has been filed, a release of lien shall be SB844 Engrossed -16- LRB9103737MWpr 1 issued by the municipality, the person in whose name the lien 2 has been filed, or the assignee of the lien, and the release 3 may be filed of record as in the case of filing notice of 4 lien. 5 The lien may be enforced under subsection (c) or by 6 foreclosure proceedings as in the case of mortgage 7 foreclosures under Article XV of the Code of Civil Procedure 8 or mechanics' lien foreclosures; provided that where the lien 9 is enforced by foreclosure under subsection (c) or under 10 either statute, the municipality may not proceed against the 11 other assets of the owner or owners of the real estate for 12 any costs that otherwise would be recoverable under this 13 Section but that remain unsatisfied after foreclosure except 14 where such additional recovery is authorized by separate 15 environmental laws. An action to foreclose this lien may be 16 commenced at any time after the date of filing of the notice 17 of lien. The costs of foreclosure incurred by the 18 municipality, including court costs, reasonable attorney's 19 fees, advances to preserve the property, and other costs 20 related to the enforcement of this subsection, plus statutory 21 interest, are a lien on the real estate. 22 All liens arising under this subsection (f) shall be 23 assignable. The assignee of the lien shall have the same 24 power to enforce the lien as the assigning party, except that 25 the lien may not be enforced under subsection (c). 26 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 27 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.) 28 (65 ILCS 5/11-31.1-1) (from Ch. 24, par. 11-31.1-1) 29 Sec. 11-31.1-1. Definitions. As used in this Division, 30 unless the context requires otherwise: 31 (a) "Code" means any municipal ordinance, law, housing 32 or building code or zoning ordinance that establishes 33 construction, plumbing, heating, electrical, fire prevention, SB844 Engrossed -17- LRB9103737MWpr 1 sanitation or other health and safety standards that are 2 applicable to structures in a municipality or any municipal 3 ordinance that requires, after notice, the cutting of weeds, 4 the removal of garbage and debris, the removal of inoperable 5 motor vehicles, or the abatement of nuisances from private 6 property; 7 (b) "Building inspector" means a full time state, county 8 or municipal employee whose duties include the inspection or 9 examination of structures or property in a municipality to 10 determine if zoning or other code violations exist; 11 (c) "Property owner" means the legal or beneficial owner 12 of a structure; 13 (d) "Hearing officer" means a municipal employee or an 14 officer or agent of a municipality, other than a building 15 inspector or law enforcement officer, whose duty it is to: 16 (1) preside at an administrative hearing called to 17 determine whether or not a code violation exists; 18 (2) hear testimony and accept evidence from the 19 building inspector, the building owner and all interested 20 parties relevant to the existence of a code violation; 21 (3) preserve and authenticate the transcript and 22 record of the hearing and all exhibits and evidence 23 introduced at the hearing; 24 (4) issue and sign a written finding, decision and 25 order stating whether a code violation exists. 26 (Source: P.A. 89-372, eff. 1-1-96.) 27 Section 99. Effective date. This Act takes effect upon 28 becoming law.