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91_SB0909
LRB9105897DHmg
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-20-13.
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 11-20-13 as follows:
7 (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
8 Sec. 11-20-13. Removal of garbage, debris or graffiti;
9 liens for removal of garbage or debris. The corporate
10 authorities of each municipality may provide for the removal
11 of garbage, debris, and graffiti from private property when
12 the owner of the such property, after at least 10 days'
13 written reasonable notice by mail to the owner and
14 lienholders of record, refuses or neglects to remove the such
15 such
16 thereof except in the
17 case of graffiti. This cost is a lien upon the real estate
18 affected, superior to all prior existing subsequent liens and
19 encumbrances, except tax liens, if within 60 days after the
20 such cost and expense is incurred the municipality, or person
21 performing the service by authority of the municipality, in
22 his or its own name, files notice of lien in the office of
23 the recorder in the county in which the such real estate is
24 located or in the office of the Registrar of Titles of that
25 such county if the real estate affected is registered under
26 the Registered Titles (Torrens) Act. "An Act concerning land
27 titles", approved May 1, 1897, as amended. The notice of lien
28 shall consist of a sworn statement setting out (1) a
29 description of the real estate sufficient for identification
30 thereof, (2) the amount of money representing the cost and
31 expense incurred or payable for the service, and (3) the date
-2- LRB9105897DHmg
1 or dates when that such cost and expense was incurred by the
2 municipality. However, the lien of that such municipality
3 shall not be valid as to any purchaser whose rights in and to
4 that such real estate have arisen subsequent to removal of
5 the garbage and debris and prior to the filing of the such
6 notice, and the lien of such municipality shall not be valid
7 as to any mortgagee, judgment creditor or other lienor whose
8 rights in and to such real estate arise prior to the filing
9 of such notice. Upon payment of the cost and expense by the
10 owner of or persons interested in the such property after
11 notice of lien has been filed, the lien shall be released by
12 the municipality or person in whose name the lien has been
13 filed and the release may be filed of record as in the case
14 of filing notice of lien. The lien may be enforced by
15 proceedings to foreclose as in case of mortgages or
16 mechanics' liens. An action to foreclose this lien shall be
17 commenced within 2 years after the date of filing notice of
18 lien.
19 This amendatory Act of 1973 does not apply to any
20 municipality which is a home rule unit.
21 (Source: P.A. 90-292, eff. 1-1-98.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.