State of Illinois
92nd General Assembly
Legislation

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92_HB0145

 
                                               LRB9201398MWpk

 1        AN ACT concerning the  demolition  of  unsafe  buildings,
 2    amending named Acts.

 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 5-1121 as follows:

 7        (55 ILCS 5/5-1121)
 8        Sec. 5-1121.  Demolition, repair, or enclosure.
 9        (a)  The  county  board  of  each  county  may  demolish,
10    repair,  or  enclose  or  cause  the  demolition,  repair, or
11    enclosure of dangerous and unsafe  buildings  or  uncompleted
12    and  abandoned  buildings within the territory of the county,
13    but outside the territory of any municipality, and may remove
14    or cause the removal of garbage, debris, and other hazardous,
15    noxious, or unhealthy  substances  or  materials  from  those
16    buildings.  If  a  township  within the county makes a formal
17    request to the county board as provided in Section  85-50  of
18    the  Township  Code  that the county board commence specified
19    proceedings under  this  Section  with  respect  to  property
20    located  within the township but outside the territory of any
21    municipality, then, at the next regular county board  meeting
22    occurring  at  least 10 days after the formal request is made
23    to the county board, the county board shall  either  commence
24    the  requested  proceedings  or  decline  to  do  so  (either
25    formally  or  by  failing  to  act  on the request) and shall
26    notify the township board making the request  of  the  county
27    board's decision. In any county having adopted, by referendum
28    or  otherwise,  a  county  health  department  as provided by
29    Division 5-25 of the Counties Code or  its  predecessor,  the
30    county  board of any such county may upon a formal request by
31    the city, village, or incorporated town demolish,  repair  or
 
                            -2-                LRB9201398MWpk
 1    cause  the  demolition  or  repair  of  dangerous  and unsafe
 2    buildings or uncompleted and abandoned buildings  within  the
 3    territory of any city, village, or incorporated town having a
 4    population of less than 50,000.
 5        The  county board shall apply to the circuit court of the
 6    county in which the building is  located  (i)  for  an  order
 7    authorizing  action to be taken with respect to a building if
 8    the owner or owners  of  the  building,  including  the  lien
 9    holders  of record, after at least 15 days' written notice by
10    mail to do so, have failed to commence proceedings to put the
11    building in a safe condition or to demolish it or (ii) for an
12    order requiring the owner or owners of  record  to  demolish,
13    repair, or enclose the building or to remove garbage, debris,
14    and  other  hazardous,  noxious,  or  unhealthy substances or
15    materials from the building.  It is  not  a  defense  to  the
16    cause  of action that the building is boarded up or otherwise
17    enclosed, although the court may order the defendant to  have
18    the  building  boarded  up or otherwise enclosed. Where, upon
19    diligent search, the identity or whereabouts of the owner  or
20    owners of the building, including the lien holders of record,
21    is  not ascertainable, notice mailed to the person or persons
22    in whose name the real  estate  was  last  assessed  and  the
23    posting  of  such  notice  upon  the  premises  sought  to be
24    demolished  or  repaired  is  sufficient  notice  under  this
25    Section.
26        The hearing upon the application  to  the  circuit  court
27    shall be expedited by the court and shall be given precedence
28    over all other suits.
29        The cost of the demolition, repair, enclosure, or removal
30    incurred by the county, by an intervenor, or by a lien holder
31    of  record, including court costs, attorney's fees, and other
32    costs  related  to  the  enforcement  of  this  Section,   is
33    recoverable  from  the  owner or owners of the real estate or
34    the previous owner or both if the  property  was  transferred
 
                            -3-                LRB9201398MWpk
 1    during  the  15  day  notice period and is a lien on the real
 2    estate; the lien is superior to all prior existing liens  and
 3    encumbrances,  except  taxes,  if,  within 180 days after the
 4    repair, demolition, enclosure, or removal,  the  county,  the
 5    lien  holder  of  record,  or the intervenor who incurred the
 6    cost and expense shall file a notice of lien for the cost and
 7    expense incurred in the office of the recorder in the  county
 8    in  which  the real estate is located or in the office of the
 9    registrar of titles of the county if the real estate affected
10    is registered under the Registered Titles (Torrens) Act.
11        The notice must consist of a sworn statement setting  out
12    (1)  a  description  of  the  real  estate sufficient for its
13    identification, (2) the amount of money representing the cost
14    and expense incurred, and (3) the date or dates when the cost
15    and expense was incurred by the county, the  lien  holder  of
16    record,  or  the  intervenor.  Upon  payment  of the cost and
17    expense by the owner of or persons interested in the property
18    after the notice of lien has been filed, the  lien  shall  be
19    released by the county, the person in whose name the lien has
20    been  filed, or the assignee of the lien, and the release may
21    be filed of record as in the case of filing notice  of  lien.
22    Unless  the  lien  is enforced under subsection (b), the lien
23    may be enforced by foreclosure proceedings as in the case  of
24    mortgage  foreclosures  under Article XV of the Code of Civil
25    Procedure or  mechanics'  lien  foreclosures.  An  action  to
26    foreclose  this  lien  may be commenced at any time after the
27    date  of  filing  of  the  notice  of  lien.   The  costs  of
28    foreclosure incurred by the county,  including  court  costs,
29    reasonable   attorney's   fees,   advances  to  preserve  the
30    property, and other costs related to the enforcement of  this
31    subsection,  plus  statutory interest, are a lien on the real
32    estate and are recoverable by the county from  the  owner  or
33    owners of the real estate.
34        All  liens  arising  under  this  subsection (a) shall be
 
                            -4-                LRB9201398MWpk
 1    assignable. The assignee of the  lien  shall  have  the  same
 2    power to enforce the lien as the assigning party, except that
 3    the lien may not be enforced under subsection (b).
 4        If the appropriate official of any county determines that
 5    any   dangerous   and  unsafe  building  or  uncompleted  and
 6    abandoned  building  within  its   territory   fulfills   the
 7    requirements  for an action by the county under the Abandoned
 8    Housing Rehabilitation Act, the  county  may  petition  under
 9    that Act in a proceeding brought under this subsection.
10        (b)  In any case where a county has obtained a lien under
11    subsection  (a),  the  county may enforce the lien under this
12    subsection (b) in the same proceeding in which  the  lien  is
13    authorized.
14        A county desiring to enforce a lien under this subsection
15    (b)  shall  petition  the  court  to  retain jurisdiction for
16    foreclosure proceedings under this subsection.  Notice of the
17    petition shall be served, by certified or registered mail, on
18    all persons who were served notice under subsection (a).  The
19    court shall conduct a hearing on the petition not  less  than
20    15  days after the notice is served.  If the court determines
21    that the  requirements  of  this  subsection  (b)  have  been
22    satisfied,   it   shall   grant   the   petition  and  retain
23    jurisdiction over the matter until the foreclosure proceeding
24    is completed.  The  costs  of  foreclosure  incurred  by  the
25    county,  including  court  costs, reasonable attorneys' fees,
26    advances to preserve the property, and other costs related to
27    the enforcement of this subsection, plus statutory  interest,
28    are  a  lien  on  the  real estate and are recoverable by the
29    county from the owner or owners of the real estate.   If  the
30    court denies the petition, the county may enforce the lien in
31    a separate action as provided in subsection (a).
32        All  persons designated in Section 15-1501 of the Code of
33    Civil  Procedure  as  necessary   parties   in   a   mortgage
34    foreclosure action shall be joined as parties before issuance
 
                            -5-                LRB9201398MWpk
 1    of  an  order  of foreclosure.  Persons designated in Section
 2    15-1501 of the Code of Civil Procedure as permissible parties
 3    may also be joined as parties in the action.
 4        The provisions  of  Article  XV  of  the  Code  of  Civil
 5    Procedure  applicable to mortgage foreclosures shall apply to
 6    the foreclosure of a lien under this subsection  (b),  except
 7    to  the  extent  that  those provisions are inconsistent with
 8    this subsection.   For  purposes  of  foreclosures  of  liens
 9    under   this   subsection,  however,  the  redemption  period
10    described in subsection (b) of Section 15-1603 of the Code of
11    Civil Procedure shall end 60 days after the date of entry  of
12    the order of foreclosure.
13        (c)  In addition to any other remedy provided by law, the
14    county  board of any county may petition the circuit court to
15    have property declared abandoned under  this  subsection  (c)
16    if:
17             (1)  the  property  has been tax delinquent for 2 or
18        more years or bills for water service  for  the  property
19        have been outstanding for 2 or more years;
20             (2)  the  property  is unoccupied by persons legally
21        in possession; and
22             (3)  the property contains  a  dangerous  or  unsafe
23        building.
24        All persons having an interest of record in the property,
25    including   tax  purchasers  and  beneficial  owners  of  any
26    Illinois land trust having title to the  property,  shall  be
27    named  as defendants in the petition and shall be served with
28    process.  In addition, service shall  be  had  under  Section
29    2-206  of  the  Code  of  Civil  Procedure  as in other cases
30    affecting property.
31        The county, however, may proceed under this subsection in
32    a proceeding brought under subsection  (a).   Notice  of  the
33    petition  shall  be served by certified or registered mail on
34    all persons who were served notice under subsection (a).
 
                            -6-                LRB9201398MWpk
 1        If the county proves that  the  conditions  described  in
 2    this subsection exist and the owner of record of the property
 3    does  not  enter an appearance in the action, or, if title to
 4    the property is held by an Illinois land  trust,  if  neither
 5    the  owner of record nor the owner of the beneficial interest
 6    of the trust enters an appearance, the  court  shall  declare
 7    the property abandoned.
 8        If  that  determination  is made, notice shall be sent by
 9    certified  or  registered  mail  to  all  persons  having  an
10    interest of record in the property, including tax  purchasers
11    and beneficial owners of any Illinois land trust having title
12    to  the  property, stating that title to the property will be
13    transferred to the county  unless,  within  30  days  of  the
14    notice,  the  owner  of  record  enters  an appearance in the
15    action, or unless any other person having an interest in  the
16    property  files  with  the  court  a  request to demolish the
17    dangerous or unsafe building or to put the building  in  safe
18    condition.
19        If the owner of record enters an appearance in the action
20    within  the  30  day period, the court shall vacate its order
21    declaring the property abandoned.  In that case,  the  county
22    may  amend  its  complaint  in  order to initiate proceedings
23    under subsection (a).
24        If a request to demolish or repair the building is  filed
25    within the 30 day period, the court shall grant permission to
26    the  requesting party to demolish the building within 30 days
27    or to restore the building to safe condition within  60  days
28    after  the  request  is granted.  An extension of that period
29    for up to 60 additional days may be given for good cause.  If
30    more than one person with an interest in the property files a
31    timely request, preference shall be given to the person  with
32    the lien or other interest of the highest priority.
33        If  the  requesting  party  proves  to the court that the
34    building has been demolished  or  put  in  a  safe  condition
 
                            -7-                LRB9201398MWpk
 1    within  the  period  of  time granted by the court, the court
 2    shall issue a quitclaim judicial deed for the property to the
 3    requesting party, conveying only the interest of the owner of
 4    record, upon proof of payment to  the  county  of  all  costs
 5    incurred  by  the  county  in  connection  with  the  action,
 6    including  but  not  limited to court costs, attorney's fees,
 7    administrative costs, the  costs,  if  any,  associated  with
 8    building  enclosure  or removal, and receiver's certificates.
 9    The interest in the property so conveyed shall be subject  to
10    all  liens and encumbrances on the property.  In addition, if
11    the interest is conveyed to a person holding a certificate of
12    purchase for the property under the Property  Tax  Code,  the
13    conveyance  shall  be  subject to the rights of redemption of
14    all persons entitled to redeem under that Act, including  the
15    original owner of record.
16        If  no  person  with  an interest in the property files a
17    timely request or if the requesting party fails  to  demolish
18    the building or put the building in safe condition within the
19    time  specified  by  the  court,  the county may petition the
20    court to issue a  judicial  deed  for  the  property  to  the
21    county.   A  conveyance  by  judicial  deed  shall operate to
22    extinguish all existing ownership interests in, liens on, and
23    other interest in the property, including tax liens.
24        (d)  Each  county  may  use  the   provisions   of   this
25    subsection  to expedite the removal of certain buildings that
26    are a continuing hazard to the community in  which  they  are
27    located.
28        If  a residential building is 2 stories or less in height
29    as defined by the county's building code,  and  the  official
30    designated to be in charge of enforcing the county's building
31    code  determines  that the building is open and vacant and an
32    immediate and continuing hazard to the community in which the
33    building is located, then the official shall be authorized to
34    post a notice not less than 2 feet by 2 feet in size  on  the
 
                            -8-                LRB9201398MWpk
 1    front  of  the building.  The notice shall be dated as of the
 2    date of the posting and shall state that unless the  building
 3    is demolished, repaired, or enclosed, and unless any garbage,
 4    debris, and other hazardous, noxious, or unhealthy substances
 5    or  materials are removed so that an immediate and continuing
 6    hazard to the community no longer exists, then  the  building
 7    may  be  demolished,  repaired,  or enclosed, or any garbage,
 8    debris, and other hazardous, noxious, or unhealthy substances
 9    or materials may be removed, by the county.
10        Not later than 30  days  following  the  posting  of  the
11    notice, the county shall do both of the following:
12             (1)  Cause  to  be  sent,  by certified mail, return
13        receipt requested, a notice to all owners  of  record  of
14        the  property, the beneficial owners of any Illinois land
15        trust having title to the property, and  all  lienholders
16        of  record  in  the  property,  stating the intent of the
17        county to demolish, repair, or enclose  the  building  or
18        remove  any garbage, debris, or other hazardous, noxious,
19        or unhealthy substances or materials if  that  action  is
20        not taken by the owner or owners.
21             (2)  Cause to be published, in a newspaper published
22        or  circulated  in  the  county  where  the  building  is
23        located,  a  notice  setting  forth (i) the permanent tax
24        index number and the address  of  the  building,  (ii)  a
25        statement  that  the  property  is  open  and  vacant and
26        constitutes an immediate and  continuing  hazard  to  the
27        community,  and (iii) a statement that the county intends
28        to demolish, repair, or enclose the  building  or  remove
29        any  garbage,  debris,  or  other  hazardous, noxious, or
30        unhealthy substances or materials if the owner or  owners
31        or  lienholders  of  record  fail  to do so.  This notice
32        shall be published for 3 consecutive days.
33        A person objecting to the proposed actions of the  county
34    board may file his or her objection in an appropriate form in
 
                            -9-                LRB9201398MWpk
 1    a court of competent jurisdiction.
 2        If the building is not demolished, repaired, or enclosed,
 3    or  the  garbage,  debris,  or  other  hazardous, noxious, or
 4    unhealthy substances or materials are not removed, within  30
 5    days  of  mailing  the  notice  to  the owners of record, the
 6    beneficial owners of any Illinois land trust having title  to
 7    the  property, and all lienholders of record in the property,
 8    or within 30 days of the  last  day  of  publication  of  the
 9    notice,  whichever  is later, the county board shall have the
10    power to demolish, repair, or  enclose  the  building  or  to
11    remove  any  garbage, debris, or other hazardous, noxious, or
12    unhealthy substances or materials.
13        The county may proceed to demolish, repair, or enclose  a
14    building  or  remove any garbage, debris, or other hazardous,
15    noxious, or unhealthy  substances  or  materials  under  this
16    subsection  within a 120-day period following the date of the
17    mailing of the notice if the appropriate official  determines
18    that  the  demolition,  repair,  enclosure, or removal of any
19    garbage, debris, or other hazardous,  noxious,  or  unhealthy
20    substances  or materials is necessary to remedy the immediate
21    and  continuing  hazard.   If,  however,  before  the  county
22    proceeds  with  any  of  the  actions  authorized   by   this
23    subsection,  any  person  has  sought  a  hearing  under this
24    subsection before a court  and  has  served  a  copy  of  the
25    complaint  on the chief executive officer of the county, then
26    the county shall not proceed  with  the  demolition,  repair,
27    enclosure, or removal of garbage, debris, or other substances
28    until  the  court determines that that action is necessary to
29    remedy the hazard and issues an order authorizing the  county
30    to do so.
31        Following  the  demolition,  repair,  or  enclosure  of a
32    building,  or  the  removal  of  garbage,  debris,  or  other
33    hazardous, noxious,  or  unhealthy  substances  or  materials
34    under  this  subsection, the county may file a notice of lien
 
                            -10-               LRB9201398MWpk
 1    against the real estate  for  the  cost  of  the  demolition,
 2    repair,  enclosure,  or  removal  within  180  days after the
 3    repair, demolition, enclosure, or removal occurred,  for  the
 4    cost  and  expense incurred, in the office of the recorder in
 5    the county in which the real estate  is  located  or  in  the
 6    office  of  the registrar of titles of the county if the real
 7    estate affected is registered  under  the  Registered  Titles
 8    (Torrens)  Act.   The notice of lien shall consist of a sworn
 9    statement setting forth (i) a description of the real estate,
10    such as the address or other  description  of  the  property,
11    sufficient for its identification; (ii) the expenses incurred
12    by  the county in undertaking the remedial actions authorized
13    under this subsection; (iii) the date or dates  the  expenses
14    were incurred by the county; (iv) a statement by the official
15    responsible for enforcing the building code that the building
16    was   open  and  vacant  and  constituted  an  immediate  and
17    continuing hazard to the community; (v) a  statement  by  the
18    official  that  the required sign was posted on the building,
19    that notice was sent by  certified  mail  to  the  owners  of
20    record, and that notice was published in accordance with this
21    subsection;  and  (vi)  a  statement as to when and where the
22    notice was published.  The lien authorized by this subsection
23    may thereafter be released  or  enforced  by  the  county  as
24    provided in subsection (a).
25        (e)  In any case where a county has obtained a lien under
26    subsection  (a),  the  county  may also bring an action for a
27    money judgment against the owner or owners of the real estate
28    in the amount of the lien in the same manner as provided  for
29    bringing  causes of action in Article II of the Code of Civil
30    Procedure and, upon obtaining a  judgment,  file  a  judgment
31    lien  against  all  of the real estate of the owner or owners
32    and enforce that lien as provided for in Article XII  of  the
33    Code of Civil Procedure.
34    (Source: P.A.  90-14,  eff.  7-1-97;  90-517,  eff.  8-22-97;
 
                            -11-               LRB9201398MWpk
 1    91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)

 2        Section  10.  The  Township  Code  is  amended  by adding
 3    Section 85-50 as follows:

 4        (60 ILCS 1/85-50 new)
 5        Sec.  85-50.  Demolition,   repair,   or   enclosure   of
 6    buildings.
 7        (a)  The  township  board  of  any  township may formally
 8    request the county board to  commence  specified  proceedings
 9    with  respect  to  property  located  within the township but
10    outside the territory of  any  municipality  as  provided  in
11    Section  5-1121  of  the  Counties Code.  If the county board
12    declines the request as provided in  Section  5-1121  of  the
13    Counties  Code,  the  township  may exercise its powers under
14    this Section.
15        (b)  The township board of each  township  may  demolish,
16    repair,  or  enclose  or  cause  the  demolition,  repair, or
17    enclosure of dangerous and unsafe  buildings  or  uncompleted
18    and  abandoned buildings within the territory of the township
19    and may remove or cause the removal of garbage,  debris,  and
20    other   hazardous,   noxious,   or  unhealthy  substances  or
21    materials from those buildings.
22        The township board shall apply to the  circuit  court  of
23    the  county in which the building is located (i) for an order
24    authorizing action to be taken with respect to a building  if
25    the  owner  or  owners  of  the  building, including the lien
26    holders of record, after at least 15 days' written notice  by
27    mail to do so, have failed to commence proceedings to put the
28    building in a safe condition or to demolish it or (ii) for an
29    order  requiring  the  owner or owners of record to demolish,
30    repair, or enclose the building or to remove garbage, debris,
31    and other hazardous,  noxious,  or  unhealthy  substances  or
32    materials  from  the  building.   It  is not a defense to the
 
                            -12-               LRB9201398MWpk
 1    cause of action that the building is boarded up or  otherwise
 2    enclosed,  although the court may order the defendant to have
 3    the building boarded up or otherwise  enclosed.  Where,  upon
 4    diligent  search, the identity or whereabouts of the owner or
 5    owners of the building, including the lien holders of record,
 6    is not ascertainable, notice mailed to the person or  persons
 7    in  whose  name  the  real  estate  was last assessed and the
 8    posting  of  the  notice  upon  the  premises  sought  to  be
 9    demolished  or  repaired  is  sufficient  notice  under  this
10    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.
14        The cost of the demolition, repair, enclosure, or removal
15    incurred  by  the  township,  by  an intervenor, or by a lien
16    holder of record, including court costs, attorney's fees, and
17    other costs related to the enforcement of  this  Section,  is
18    recoverable  from  the  owner or owners of the real estate or
19    the previous owner or both if the  property  was  transferred
20    during  the  15-day  notice  period and is a lien on the real
21    estate; the lien is superior to all prior existing liens  and
22    encumbrances,  except  taxes,  if,  within 180 days after the
23    repair, demolition, enclosure, or removal, the township,  the
24    lien  holder  of  record,  or the intervenor who incurred the
25    cost and expense shall file a notice of lien for the cost and
26    expense incurred in the office of the recorder in the  county
27    in  which  the real estate is located or in the office of the
28    registrar of titles of the county if the real estate affected
29    is registered under the Registered Titles (Torrens) Act.
30        The notice must consist of a sworn statement setting  out
31    (1)  a  description  of  the  real  estate sufficient for its
32    identification, (2) the amount of money representing the cost
33    and expense incurred, and (3) the date or dates when the cost
34    and expense was incurred by the township, the lien holder  of
 
                            -13-               LRB9201398MWpk
 1    record,  or  the  intervenor.  Upon  payment  of the cost and
 2    expense by the owner of or persons interested in the property
 3    after the notice of lien has been filed, the  lien  shall  be
 4    released  by  the township, the person in whose name the lien
 5    has been filed, or the assignee of the lien, and the  release
 6    may  be  filed  of  record as in the case of filing notice of
 7    lien. Unless the lien is enforced under subsection  (c),  the
 8    lien  may  be  enforced  by foreclosure proceedings as in the
 9    case of mortgage foreclosures under Article XV of the Code of
10    Civil Procedure or mechanics' lien foreclosures. An action to
11    foreclose this lien may be commenced at any  time  after  the
12    date  of  filing  of  the  notice  of  lien.   The  costs  of
13    foreclosure  incurred by the township, including court costs,
14    reasonable  attorney's  fees,  advances   to   preserve   the
15    property,  and other costs related to the enforcement of this
16    subsection, plus statutory interest, are a lien on  the  real
17    estate  and are recoverable by the township from the owner or
18    owners of the real estate.
19        All liens arising under  this  subsection  (b)  shall  be
20    assignable.  The  assignee  of  the  lien shall have the same
21    power to enforce the lien as the assigning party, except that
22    the lien may not be enforced under subsection (c).
23        (c)  In any case where a township  has  obtained  a  lien
24    under subsection (b), the township may enforce the lien under
25    this  subsection (c) in the same proceeding in which the lien
26    is authorized.
27        A  township  desiring  to  enforce  a  lien  under   this
28    subsection   (c)   shall   petition   the   court  to  retain
29    jurisdiction   for   foreclosure   proceedings   under   this
30    subsection.  Notice of  the  petition  shall  be  served,  by
31    certified  or registered mail, on all persons who were served
32    notice under subsection (b).    The  court  shall  conduct  a
33    hearing  on  the  petition  not  less  than 15 days after the
34    notice  is  served.   If  the  court  determines   that   the
 
                            -14-               LRB9201398MWpk
 1    requirements  of  this subsection (c) have been satisfied, it
 2    shall grant the petition and  retain  jurisdiction  over  the
 3    matter  until  the  foreclosure proceeding is completed.  The
 4    costs of foreclosure  incurred  by  the  township,  including
 5    court costs, reasonable attorneys' fees, advances to preserve
 6    the  property,  and other costs related to the enforcement of
 7    this subsection, plus statutory interest, are a lien  on  the
 8    real  estate  and  are  recoverable  by the township from the
 9    owner or owners of the real estate.  If the court denies  the
10    petition,  the  township  may  enforce the lien in a separate
11    action as provided in subsection (b).
12        All persons designated in Section 15-1501 of the Code  of
13    Civil   Procedure   as   necessary   parties  in  a  mortgage
14    foreclosure action shall be joined as parties before issuance
15    of an order of foreclosure.  Persons  designated  in  Section
16    15-1501 of the Code of Civil Procedure as permissible parties
17    may also be joined as parties in the action.
18        The  provisions  of  Article  XV  of  the  Code  of Civil
19    Procedure applicable to mortgage foreclosures shall apply  to
20    the  foreclosure  of a lien under this subsection (c), except
21    to the extent that those  provisions  are  inconsistent  with
22    this  subsection.    For  purposes  of  foreclosures of liens
23    under  this  subsection,  however,  the   redemption   period
24    described in subsection (c) of Section 15-1603 of the Code of
25    Civil  Procedure shall end 60 days after the date of entry of
26    the order of foreclosure.
27        (d)  In addition to any other remedy provided by law, the
28    township board of any township may petition the circuit court
29    to have property declared abandoned under this subsection (d)
30    if:
31             (1)  the property has been tax delinquent for  2  or
32        more  years  or  bills for water service for the property
33        have been outstanding for 2 or more years;
34             (2)  the property is unoccupied by  persons  legally
 
                            -15-               LRB9201398MWpk
 1        in possession; and
 2             (3)  the  property  contains  a  dangerous or unsafe
 3        building.
 4        All persons having an interest of record in the property,
 5    including  tax  purchasers  and  beneficial  owners  of   any
 6    Illinois  land  trust  having title to the property, shall be
 7    named as defendants in the petition and shall be served  with
 8    process.   In  addition,  service  shall be had under Section
 9    2-206 of the Code  of  Civil  Procedure  as  in  other  cases
10    affecting property.
11        The  township, however, may proceed under this subsection
12    in a proceeding brought under subsection (b).  Notice of  the
13    petition  shall  be served by certified or registered mail on
14    all persons who were served notice under subsection (b).
15        If the township proves that the conditions  described  in
16    this subsection exist and the owner of record of the property
17    does  not  enter an appearance in the action, or, if title to
18    the property is held by an Illinois land  trust,  if  neither
19    the  owner of record nor the owner of the beneficial interest
20    of the trust enters an appearance, the  court  shall  declare
21    the property abandoned.
22        If  that  determination  is made, notice shall be sent by
23    certified  or  registered  mail  to  all  persons  having  an
24    interest of record in the property, including tax  purchasers
25    and beneficial owners of any Illinois land trust having title
26    to  the  property, stating that title to the property will be
27    transferred to the township unless, within  30  days  of  the
28    notice,  the  owner  of  record  enters  an appearance in the
29    action, or unless any other person having an interest in  the
30    property  files  with  the  court  a  request to demolish the
31    dangerous or unsafe building or to put the building  in  safe
32    condition.
33        If the owner of record enters an appearance in the action
34    within  the  30  day period, the court shall vacate its order
 
                            -16-               LRB9201398MWpk
 1    declaring the property abandoned.  In that case, the township
 2    may amend its complaint  in  order  to  initiate  proceedings
 3    under subsection (b).
 4        If  a request to demolish or repair the building is filed
 5    within the 30 day period, the court shall grant permission to
 6    the requesting party to demolish the building within 30  days
 7    or  to  restore the building to safe condition within 60 days
 8    after the request is granted.  An extension  of  that  period
 9    for up to 60 additional days may be given for good cause.  If
10    more than one person with an interest in the property files a
11    timely  request, preference shall be given to the person with
12    the lien or other interest of the highest priority.
13        If the requesting party proves  to  the  court  that  the
14    building  has  been  demolished  or  put  in a safe condition
15    within the period of time granted by  the  court,  the  court
16    shall issue a quitclaim judicial deed for the property to the
17    requesting party, conveying only the interest of the owner of
18    record,  upon  proof  of payment to the township of all costs
19    incurred by the  township  in  connection  with  the  action,
20    including  but  not  limited to court costs, attorney's fees,
21    administrative costs, the  costs,  if  any,  associated  with
22    building  enclosure  or removal, and receiver's certificates.
23    The interest in the property so conveyed shall be subject  to
24    all  liens and encumbrances on the property.  In addition, if
25    the interest is conveyed to a person holding a certificate of
26    purchase for the property under the Property  Tax  Code,  the
27    conveyance  shall  be  subject to the rights of redemption of
28    all persons entitled to redeem under that Act, including  the
29    original owner of record.
30        If  no  person  with  an interest in the property files a
31    timely request or if the requesting party fails  to  demolish
32    the building or put the building in safe condition within the
33    time  specified  by  the court, the township may petition the
34    court to issue a  judicial  deed  for  the  property  to  the
 
                            -17-               LRB9201398MWpk
 1    county.   A  conveyance  by  judicial  deed  shall operate to
 2    extinguish all existing ownership interests in, liens on, and
 3    other interest in the property, including tax liens.

 4        Section 99.  Effective date.  This Act takes effect  upon
 5    becoming law.

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