State of Illinois
92nd General Assembly
Legislation

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[ Introduced ][ House Amendment 001 ][ House Amendment 003 ]


92_HB3007ham002

 










                                           LRB9208247MWpkam01

 1                    AMENDMENT TO HOUSE BILL 3007

 2        AMENDMENT NO.     .  Amend House Bill 3007  by  replacing
 3    the title with the following:
 4        "AN ACT concerning local government."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section 5.  The Counties Code  is  amended  by  changing
 8    Sections 5-1121 and 5-12017 as follows:

 9        (55 ILCS 5/5-1121)
10        Sec. 5-1121.  Demolition, repair, or enclosure.
11        (a)  The  county  board  of  each  county  may  demolish,
12    repair,  or  enclose  or  cause  the  demolition,  repair, or
13    enclosure of dangerous and unsafe  buildings  or  uncompleted
14    and  abandoned  buildings within the territory of the county,
15    but outside the territory of any municipality, and may remove
16    or cause the removal of garbage, debris, and other hazardous,
17    noxious, or unhealthy  substances  or  materials  from  those
18    buildings.  If  a  township  within the county makes a formal
19    request to the county board as provided in Section  85-50  of
20    the  Township  Code  that the county board commence specified
21    proceedings under  this  Section  with  respect  to  property
 
                            -2-            LRB9208247MWpkam01
 1    located  within the township but outside the territory of any
 2    municipality, then, at the next regular county board  meeting
 3    occurring  at  least 10 days after the formal request is made
 4    to the county board, the county board shall  either  commence
 5    the  requested  proceedings  or  decline  to  do  so  (either
 6    formally  or  by  failing  to  act  on the request) and shall
 7    notify the township board making the request  of  the  county
 8    board's decision. In any county having adopted, by referendum
 9    or  otherwise,  a  county  health  department  as provided by
10    Division 5-25 of the Counties Code or  its  predecessor,  the
11    county  board of any such county may upon a formal request by
12    the city, village, or incorporated town demolish,  repair  or
13    cause  the  demolition  or  repair  of  dangerous  and unsafe
14    buildings or uncompleted and abandoned buildings  within  the
15    territory of any city, village, or incorporated town having a
16    population of less than 50,000.
17        The  county board shall apply to the circuit court of the
18    county in which the building is  located  (i)  for  an  order
19    authorizing  action to be taken with respect to a building if
20    the owner or owners  of  the  building,  including  the  lien
21    holders  of record, after at least 15 days' written notice by
22    mail to do so, have failed to commence proceedings to put the
23    building in a safe condition or to demolish it or (ii) for an
24    order requiring the owner or owners of  record  to  demolish,
25    repair, or enclose the building or to remove garbage, debris,
26    and  other  hazardous,  noxious,  or  unhealthy substances or
27    materials from the building.  It is  not  a  defense  to  the
28    cause  of action that the building is boarded up or otherwise
29    enclosed, although the court may order the defendant to  have
30    the  building  boarded  up or otherwise enclosed. Where, upon
31    diligent search, the identity or whereabouts of the owner  or
32    owners of the building, including the lien holders of record,
33    is  not ascertainable, notice mailed to the person or persons
34    in whose name the real  estate  was  last  assessed  and  the
 
                            -3-            LRB9208247MWpkam01
 1    posting  of  such  notice  upon  the  premises  sought  to be
 2    demolished  or  repaired  is  sufficient  notice  under  this
 3    Section.
 4        The hearing upon the application  to  the  circuit  court
 5    shall be expedited by the court and shall be given precedence
 6    over all other suits.
 7        The cost of the demolition, repair, enclosure, or removal
 8    incurred by the county, by an intervenor, or by a lien holder
 9    of  record, including court costs, attorney's fees, and other
10    costs  related  to  the  enforcement  of  this  Section,   is
11    recoverable  from  the  owner or owners of the real estate or
12    the previous owner or both if the  property  was  transferred
13    during  the  15  day  notice period and is a lien on the real
14    estate; the lien is superior to all prior existing liens  and
15    encumbrances,  except  taxes,  if,  within 180 days after the
16    repair, demolition, enclosure, or removal,  the  county,  the
17    lien  holder  of  record,  or the intervenor who incurred the
18    cost and expense shall file a notice of lien for the cost and
19    expense incurred in the office of the recorder in the  county
20    in  which  the real estate is located or in the office of the
21    registrar of titles of the county if the real estate affected
22    is registered under the Registered Titles (Torrens) Act.
23        The notice must consist of a sworn statement setting  out
24    (1)  a  description  of  the  real  estate sufficient for its
25    identification, (2) the amount of money representing the cost
26    and expense incurred, and (3) the date or dates when the cost
27    and expense was incurred by the county, the  lien  holder  of
28    record,  or  the  intervenor.  Upon  payment  of the cost and
29    expense by the owner of or persons interested in the property
30    after the notice of lien has been filed, the  lien  shall  be
31    released by the county, the person in whose name the lien has
32    been  filed, or the assignee of the lien, and the release may
33    be filed of record as in the case of filing notice  of  lien.
34    Unless  the  lien  is enforced under subsection (b), the lien
 
                            -4-            LRB9208247MWpkam01
 1    may be enforced by foreclosure proceedings as in the case  of
 2    mortgage  foreclosures  under Article XV of the Code of Civil
 3    Procedure or  mechanics'  lien  foreclosures.  An  action  to
 4    foreclose  this  lien  may be commenced at any time after the
 5    date  of  filing  of  the  notice  of  lien.   The  costs  of
 6    foreclosure incurred by the county,  including  court  costs,
 7    reasonable   attorney's   fees,   advances  to  preserve  the
 8    property, and other costs related to the enforcement of  this
 9    subsection,  plus  statutory interest, are a lien on the real
10    estate and are recoverable by the county from  the  owner  or
11    owners of the real estate.
12        All  liens  arising  under  this  subsection (a) shall be
13    assignable. The assignee of the  lien  shall  have  the  same
14    power to enforce the lien as the assigning party, except that
15    the lien may not be enforced under subsection (b).
16        If the appropriate official of any county determines that
17    any   dangerous   and  unsafe  building  or  uncompleted  and
18    abandoned  building  within  its   territory   fulfills   the
19    requirements  for an action by the county under the Abandoned
20    Housing Rehabilitation Act, the  county  may  petition  under
21    that Act in a proceeding brought under this subsection.
22        (b)  In any case where a county has obtained a lien under
23    subsection  (a),  the  county may enforce the lien under this
24    subsection (b) in the same proceeding in which  the  lien  is
25    authorized.
26        A county desiring to enforce a lien under this subsection
27    (b)  shall  petition  the  court  to  retain jurisdiction for
28    foreclosure proceedings under this subsection.  Notice of the
29    petition shall be served, by certified or registered mail, on
30    all persons who were served notice under subsection (a).  The
31    court shall conduct a hearing on the petition not  less  than
32    15  days after the notice is served.  If the court determines
33    that the  requirements  of  this  subsection  (b)  have  been
34    satisfied,   it   shall   grant   the   petition  and  retain
 
                            -5-            LRB9208247MWpkam01
 1    jurisdiction over the matter until the foreclosure proceeding
 2    is completed.  The  costs  of  foreclosure  incurred  by  the
 3    county,  including  court  costs, reasonable attorneys' fees,
 4    advances to preserve the property, and other costs related to
 5    the enforcement of this subsection, plus statutory  interest,
 6    are  a  lien  on  the  real estate and are recoverable by the
 7    county from the owner or owners of the real estate.   If  the
 8    court denies the petition, the county may enforce the lien in
 9    a separate action as provided in subsection (a).
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  (b),  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        (c)  In addition to any other remedy provided by law, the
26    county  board of any county may petition the circuit court to
27    have property declared abandoned under  this  subsection  (c)
28    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
 
                            -6-            LRB9208247MWpkam01
 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 county, however, may proceed under this subsection in
10    a proceeding brought under subsection  (a).   Notice  of  the
11    petition  shall  be served by certified or registered mail on
12    all persons who were served notice under subsection (a).
13        If the county proves that  the  conditions  described  in
14    this subsection exist and the owner of record of the property
15    does  not  enter an appearance in the action, or, if title to
16    the property is held by an Illinois land  trust,  if  neither
17    the  owner of record nor the owner of the beneficial interest
18    of the trust enters an appearance, the  court  shall  declare
19    the property abandoned.
20        If  that  determination  is made, notice shall be sent by
21    certified  or  registered  mail  to  all  persons  having  an
22    interest of record in the property, including tax  purchasers
23    and beneficial owners of any Illinois land trust having title
24    to  the  property, stating that title to the property will be
25    transferred to the county  unless,  within  30  days  of  the
26    notice,  the  owner  of  record  enters  an appearance in the
27    action, or unless any other person having an interest in  the
28    property  files  with  the  court  a  request to demolish the
29    dangerous or unsafe building or to put the building  in  safe
30    condition.
31        If the owner of record enters an appearance in the action
32    within  the  30  day period, the court shall vacate its order
33    declaring the property abandoned.  In that case,  the  county
34    may  amend  its  complaint  in  order to initiate proceedings
 
                            -7-            LRB9208247MWpkam01
 1    under subsection (a).
 2        If a request to demolish or repair the building is  filed
 3    within the 30 day period, the court shall grant permission to
 4    the  requesting party to demolish the building within 30 days
 5    or to restore the building to safe condition within  60  days
 6    after  the  request  is granted.  An extension of that period
 7    for up to 60 additional days may be given for good cause.  If
 8    more than one person with an interest in the property files a
 9    timely request, preference shall be given to the person  with
10    the lien or other interest of the highest priority.
11        If  the  requesting  party  proves  to the court that the
12    building has been demolished  or  put  in  a  safe  condition
13    within  the  period  of  time granted by the court, the court
14    shall issue a quitclaim judicial deed for the property to the
15    requesting party, conveying only the interest of the owner of
16    record, upon proof of payment to  the  county  of  all  costs
17    incurred  by  the  county  in  connection  with  the  action,
18    including  but  not  limited to court costs, attorney's fees,
19    administrative costs, the  costs,  if  any,  associated  with
20    building  enclosure  or removal, and receiver's certificates.
21    The interest in the property so conveyed shall be subject  to
22    all  liens and encumbrances on the property.  In addition, if
23    the interest is conveyed to a person holding a certificate of
24    purchase for the property under the Property  Tax  Code,  the
25    conveyance  shall  be  subject to the rights of redemption of
26    all persons entitled to redeem under that Act, including  the
27    original owner of record.
28        If  no  person  with  an interest in the property files a
29    timely request or if the requesting party fails  to  demolish
30    the building or put the building in safe condition within the
31    time  specified  by  the  court,  the county may petition the
32    court to issue a  judicial  deed  for  the  property  to  the
33    county.   A  conveyance  by  judicial  deed  shall operate to
34    extinguish all existing ownership interests in, liens on, and
 
                            -8-            LRB9208247MWpkam01
 1    other interest in the property, including tax liens.
 2        (d)  Each  county  may  use  the   provisions   of   this
 3    subsection  to expedite the removal of certain buildings that
 4    are a continuing hazard to the community in  which  they  are
 5    located.
 6        If  a residential building is 2 stories or less in height
 7    as defined by the county's building code,  and  the  official
 8    designated to be in charge of enforcing the county's building
 9    code  determines  that the building is open and vacant and an
10    immediate and continuing hazard to the community in which the
11    building is located, then the official shall be authorized to
12    post a notice not less than 2 feet by 2 feet in size  on  the
13    front  of  the building.  The notice shall be dated as of the
14    date of the posting and shall state that unless the  building
15    is demolished, repaired, or enclosed, and unless any garbage,
16    debris, and other hazardous, noxious, or unhealthy substances
17    or  materials are removed so that an immediate and continuing
18    hazard to the community no longer exists, then  the  building
19    may  be  demolished,  repaired,  or enclosed, or any garbage,
20    debris, and other hazardous, noxious, or unhealthy substances
21    or materials may be removed, by the county.
22        Not later than 30  days  following  the  posting  of  the
23    notice, the county shall do both of the following:
24             (1)  Cause  to  be  sent,  by certified mail, return
25        receipt requested, a notice to all owners  of  record  of
26        the  property, the beneficial owners of any Illinois land
27        trust having title to the property, and  all  lienholders
28        of  record  in  the  property,  stating the intent of the
29        county to demolish, repair, or enclose  the  building  or
30        remove  any garbage, debris, or other hazardous, noxious,
31        or unhealthy substances or materials if  that  action  is
32        not taken by the owner or owners.
33             (2)  Cause to be published, in a newspaper published
34        or  circulated  in  the  county  where  the  building  is
 
                            -9-            LRB9208247MWpkam01
 1        located,  a  notice  setting  forth (i) the permanent tax
 2        index number and the address  of  the  building,  (ii)  a
 3        statement  that  the  property  is  open  and  vacant and
 4        constitutes an immediate and  continuing  hazard  to  the
 5        community,  and (iii) a statement that the county intends
 6        to demolish, repair, or enclose the  building  or  remove
 7        any  garbage,  debris,  or  other  hazardous, noxious, or
 8        unhealthy substances or materials if the owner or  owners
 9        or  lienholders  of  record  fail  to do so.  This notice
10        shall be published for 3 consecutive days.
11        A person objecting to the proposed actions of the  county
12    board may file his or her objection in an appropriate form in
13    a court of competent jurisdiction.
14        If the building is not demolished, repaired, or enclosed,
15    or  the  garbage,  debris,  or  other  hazardous, noxious, or
16    unhealthy substances or materials are not removed, within  30
17    days  of  mailing  the  notice  to  the owners of record, the
18    beneficial owners of any Illinois land trust having title  to
19    the  property, and all lienholders of record in the property,
20    or within 30 days of the  last  day  of  publication  of  the
21    notice,  whichever  is later, the county board shall have the
22    power to demolish, repair, or  enclose  the  building  or  to
23    remove  any  garbage, debris, or other hazardous, noxious, or
24    unhealthy substances or materials.
25        The county may proceed to demolish, repair, or enclose  a
26    building  or  remove any garbage, debris, or other hazardous,
27    noxious, or unhealthy  substances  or  materials  under  this
28    subsection  within a 120-day period following the date of the
29    mailing of the notice if the appropriate official  determines
30    that  the  demolition,  repair,  enclosure, or removal of any
31    garbage, debris, or other hazardous,  noxious,  or  unhealthy
32    substances  or materials is necessary to remedy the immediate
33    and  continuing  hazard.   If,  however,  before  the  county
34    proceeds  with  any  of  the  actions  authorized   by   this
 
                            -10-           LRB9208247MWpkam01
 1    subsection,  any  person  has  sought  a  hearing  under this
 2    subsection before a court  and  has  served  a  copy  of  the
 3    complaint  on the chief executive officer of the county, then
 4    the county shall not proceed  with  the  demolition,  repair,
 5    enclosure, or removal of garbage, debris, or other substances
 6    until  the  court determines that that action is necessary to
 7    remedy the hazard and issues an order authorizing the  county
 8    to do so.
 9        Following  the  demolition,  repair,  or  enclosure  of a
10    building,  or  the  removal  of  garbage,  debris,  or  other
11    hazardous, noxious,  or  unhealthy  substances  or  materials
12    under  this  subsection, the county may file a notice of lien
13    against the real estate  for  the  cost  of  the  demolition,
14    repair,  enclosure,  or  removal  within  180  days after the
15    repair, demolition, enclosure, or removal occurred,  for  the
16    cost  and  expense incurred, in the office of the recorder in
17    the county in which the real estate  is  located  or  in  the
18    office  of  the registrar of titles of the county if the real
19    estate affected is registered  under  the  Registered  Titles
20    (Torrens)  Act.   The notice of lien shall consist of a sworn
21    statement setting forth (i) a description of the real estate,
22    such as the address or other  description  of  the  property,
23    sufficient for its identification; (ii) the expenses incurred
24    by  the county in undertaking the remedial actions authorized
25    under this subsection; (iii) the date or dates  the  expenses
26    were incurred by the county; (iv) a statement by the official
27    responsible for enforcing the building code that the building
28    was   open  and  vacant  and  constituted  an  immediate  and
29    continuing hazard to the community; (v) a  statement  by  the
30    official  that  the required sign was posted on the building,
31    that notice was sent by  certified  mail  to  the  owners  of
32    record, and that notice was published in accordance with this
33    subsection;  and  (vi)  a  statement as to when and where the
34    notice was published.  The lien authorized by this subsection
 
                            -11-           LRB9208247MWpkam01
 1    may thereafter be released  or  enforced  by  the  county  as
 2    provided in subsection (a).
 3        (e)  In any case where a county has obtained a lien under
 4    subsection  (a),  the  county  may also bring an action for a
 5    money judgment against the owner or owners of the real estate
 6    in the amount of the lien in the same manner as provided  for
 7    bringing  causes of action in Article II of the Code of Civil
 8    Procedure and, upon obtaining a  judgment,  file  a  judgment
 9    lien  against  all  of the real estate of the owner or owners
10    and enforce that lien as provided for in Article XII  of  the
11    Code of Civil Procedure.
12    (Source: P.A.  90-14,  eff.  7-1-97;  90-517,  eff.  8-22-97;
13    91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)

14        (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
15        Sec.   5-12017.  Violations.  In  case  any  building  or
16    structure is erected,  constructed,  reconstructed,  altered,
17    repaired,  converted or maintained or any building, structure
18    or land is used in violation  of  this  Division  or  of  any
19    ordinance,   resolution   or   other  regulation  made  under
20    authority conferred thereby, the proper  authorities  of  the
21    county  or  of the township in which the building, structure,
22    or land is located, or any person the value or use  of  whose
23    property is or may be affected by such violation, in addition
24    to  other  remedies,  may institute any appropriate action or
25    proceedings in the circuit court  to  prevent  such  unlawful
26    erection,  construction,  reconstruction, alteration, repair,
27    conversion, maintenance or  use,  to  restrain,  correct,  or
28    abate  such  violation,  to  prevent  the  occupancy  of said
29    building, structure or land or to prevent  any  illegal  act,
30    conduct, business, or use in or about such premises.
31        Any  person  who  violates  the  terms  of  any ordinance
32    adopted under the authority of this Division shall be  guilty
33    of  a  petty offense punishable by a fine not to exceed $500,
 
                            -12-           LRB9208247MWpkam01
 1    with each week the violation remains uncorrected constituting
 2    a separate offense.
 3    (Source: P.A. 86-962.)

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

 6        (60 ILCS 1/85-50 new)
 7        Sec.   85-50.  Demolition,   repair,   or   enclosure  of
 8    buildings.
 9        (a)  The township board  of  any  township  may  formally
10    request  the  county  board to commence specified proceedings
11    with respect to property  located  within  the  township  but
12    outside  the  territory  of  any  municipality as provided in
13    Section 5-1121 of the Counties Code.   If  the  county  board
14    declines  the  request  as  provided in Section 5-1121 of the
15    Counties Code, the township may  exercise  its  powers  under
16    this Section.
17        (b)  The  township  board  of each township may demolish,
18    repair, or  enclose  or  cause  the  demolition,  repair,  or
19    enclosure  of  dangerous  and unsafe buildings or uncompleted
20    and abandoned buildings within the territory of the  township
21    and  may  remove or cause the removal of garbage, debris, and
22    other  hazardous,  noxious,  or   unhealthy   substances   or
23    materials from those buildings.
24        The  township  board  shall apply to the circuit court of
25    the county in which the building is located (i) for an  order
26    authorizing  action to be taken with respect to a building if
27    the owner or owners  of  the  building,  including  the  lien
28    holders  of record, after at least 15 days' written notice by
29    mail to do so, have failed to commence proceedings to put the
30    building in a safe condition or to demolish it or (ii) for an
31    order requiring the owner or owners of  record  to  demolish,
32    repair, or enclose the building or to remove garbage, debris,
 
                            -13-           LRB9208247MWpkam01
 1    and  other  hazardous,  noxious,  or  unhealthy substances or
 2    materials from the building.  It is  not  a  defense  to  the
 3    cause  of action that the building is boarded up or otherwise
 4    enclosed, although the court may order the defendant to  have
 5    the  building  boarded  up or otherwise enclosed. Where, upon
 6    diligent search, the identity or whereabouts of the owner  or
 7    owners of the building, including the lien holders of record,
 8    is  not ascertainable, notice mailed to the person or persons
 9    in whose name the real  estate  was  last  assessed  and  the
10    posting  of  the  notice  upon  the  premises  sought  to  be
11    demolished  or  repaired  is  sufficient  notice  under  this
12    Section.
13        The  hearing  upon  the  application to the circuit court
14    shall be expedited by the court and shall be given precedence
15    over all other suits.
16        The cost of the demolition, repair, enclosure, or removal
17    incurred by the township, by an  intervenor,  or  by  a  lien
18    holder of record, including court costs, attorney's fees, and
19    other  costs  related  to the enforcement of this Section, is
20    recoverable from the owner or owners of the  real  estate  or
21    the  previous  owner  or both if the property was transferred
22    during the 15-day notice period and is a  lien  on  the  real
23    estate  if,  within  180  days  after the repair, demolition,
24    enclosure, or removal,  the  township,  the  lien  holder  of
25    record,  or  the intervenor who incurred the cost and expense
26    shall file a notice of lien for the cost and expense incurred
27    in the office of the recorder in the county in which the real
28    estate is located or in the office of the registrar of titles
29    of the county if the real estate affected is registered under
30    the  Registered  Titles  (Torrens)  Act.  The  lien   becomes
31    effective at the time of filing.
32        The  notice must consist of a sworn statement setting out
33    (1) a description of  the  real  estate  sufficient  for  its
34    identification, (2) the amount of money representing the cost
 
                            -14-           LRB9208247MWpkam01
 1    and expense incurred, and (3) the date or dates when the cost
 2    and  expense was incurred by the township, the lien holder of
 3    record, or the intervenor.  Upon  payment  of  the  cost  and
 4    expense by the owner of or persons interested in the property
 5    after  the  notice  of lien has been filed, the lien shall be
 6    released by the township, the person in whose name  the  lien
 7    has  been filed, or the assignee of the lien, and the release
 8    may be filed of record as in the case  of  filing  notice  of
 9    lien.  Unless  the lien is enforced under subsection (c), the
10    lien may be enforced by foreclosure  proceedings  as  in  the
11    case of mortgage foreclosures under Article XV of the Code of
12    Civil Procedure or mechanics' lien foreclosures. An action to
13    foreclose  this  lien  may be commenced at any time after the
14    date  of  filing  of  the  notice  of  lien.   The  costs  of
15    foreclosure incurred by the township, including court  costs,
16    reasonable   attorney's   fees,   advances  to  preserve  the
17    property, and other costs related to the enforcement of  this
18    subsection,  plus  statutory interest, are a lien on the real
19    estate and are recoverable by the township from the owner  or
20    owners of the real estate.
21        All  liens  arising  under  this  subsection (b) shall be
22    assignable. The assignee of the  lien  shall  have  the  same
23    power to enforce the lien as the assigning party, except that
24    the lien may not be enforced under subsection (c).
25        (c)  In  any  case  where  a township has obtained a lien
26    under subsection (b), the township may enforce the lien under
27    this subsection (c) in the same proceeding in which the  lien
28    is authorized.
29        A   township  desiring  to  enforce  a  lien  under  this
30    subsection  (c)  shall   petition   the   court   to   retain
31    jurisdiction   for   foreclosure   proceedings   under   this
32    subsection.   Notice  of  the  petition  shall  be served, by
33    certified or registered mail, on all persons who were  served
34    notice  under  subsection  (b).    The  court shall conduct a
 
                            -15-           LRB9208247MWpkam01
 1    hearing on the petition not  less  than  15  days  after  the
 2    notice   is   served.   If  the  court  determines  that  the
 3    requirements of this subsection (c) have been  satisfied,  it
 4    shall  grant  the  petition  and retain jurisdiction over the
 5    matter until the foreclosure proceeding  is  completed.   The
 6    costs  of  foreclosure  incurred  by  the township, including
 7    court costs, reasonable attorneys' fees, advances to preserve
 8    the property, and other costs related to the  enforcement  of
 9    this  subsection,  plus statutory interest, are a lien on the
10    real estate and are recoverable  by  the  township  from  the
11    owner  or owners of the real estate.  If the court denies the
12    petition, the township may enforce the  lien  in  a  separate
13    action as provided in subsection (b).
14        All  persons designated in Section 15-1501 of the Code of
15    Civil  Procedure  as  necessary   parties   in   a   mortgage
16    foreclosure action shall be joined as parties before issuance
17    of  an  order  of foreclosure.  Persons designated in Section
18    15-1501 of the Code of Civil Procedure as permissible parties
19    may also be joined as parties in the action.
20        The provisions  of  Article  XV  of  the  Code  of  Civil
21    Procedure  applicable to mortgage foreclosures shall apply to
22    the foreclosure of a lien under this subsection  (c),  except
23    to  the  extent  that  those provisions are inconsistent with
24    this subsection.   For  purposes  of  foreclosures  of  liens
25    under   this   subsection,  however,  the  redemption  period
26    described in subsection (c) of Section 15-1603 of the Code of
27    Civil Procedure shall end 60 days after the date of entry  of
28    the order of foreclosure.
29        (d)  In addition to any other remedy provided by law, the
30    township board of any township may petition the circuit court
31    to have property declared abandoned under this subsection (d)
32    if:
33             (1)  the  property  has been tax delinquent for 2 or
34        more years or bills for water service  for  the  property
 
                            -16-           LRB9208247MWpkam01
 1        have been outstanding for 2 or more years;
 2             (2)  the  property  is unoccupied by persons legally
 3        in possession; and
 4             (3)  the property contains  a  dangerous  or  unsafe
 5        building.
 6        All persons having an interest of record in the property,
 7    including   tax  purchasers  and  beneficial  owners  of  any
 8    Illinois land trust having title to the  property,  shall  be
 9    named  as defendants in the petition and shall be served with
10    process.  In addition, service shall  be  had  under  Section
11    2-206  of  the  Code  of  Civil  Procedure  as in other cases
12    affecting property.
13        The township, however, may proceed under this  subsection
14    in  a proceeding brought under subsection (b).  Notice of the
15    petition shall be served by certified or registered  mail  on
16    all persons who were served notice under subsection (b).
17        If  the  township proves that the conditions described in
18    this subsection exist and the owner of record of the property
19    does not enter an appearance in the action, or, if  title  to
20    the  property  is  held by an Illinois land trust, if neither
21    the owner of record nor the owner of the beneficial  interest
22    of  the  trust  enters an appearance, the court shall declare
23    the property abandoned.
24        If that determination is made, notice shall  be  sent  by
25    certified  or  registered  mail  to  all  persons  having  an
26    interest  of record in the property, including tax purchasers
27    and beneficial owners of any Illinois land trust having title
28    to the property, stating that title to the property  will  be
29    transferred  to  the  township  unless, within 30 days of the
30    notice, the owner of  record  enters  an  appearance  in  the
31    action,  or unless any other person having an interest in the
32    property files with the  court  a  request  to  demolish  the
33    dangerous  or  unsafe building or to put the building in safe
34    condition.
 
                            -17-           LRB9208247MWpkam01
 1        If the owner of record enters an appearance in the action
 2    within the 30-day period, the court shall  vacate  its  order
 3    declaring the property abandoned.  In that case, the township
 4    may  amend  its  complaint  in  order to initiate proceedings
 5    under subsection (b).
 6        If a request to demolish or repair the building is  filed
 7    within the 30-day period, the court shall grant permission to
 8    the  requesting party to demolish the building within 30 days
 9    or to restore the building to safe condition within  60  days
10    after  the  request  is granted.  An extension of that period
11    for up to 60 additional days may be given for good cause.  If
12    more than one person with an interest in the property files a
13    timely request, preference shall be given to the person  with
14    the lien or other interest of the highest priority.
15        If  the  requesting  party  proves  to the court that the
16    building has been demolished  or  put  in  a  safe  condition
17    within  the  period  of  time granted by the court, the court
18    shall issue a quitclaim judicial deed for the property to the
19    requesting party, conveying only the interest of the owner of
20    record, upon proof of payment to the township  of  all  costs
21    incurred  by  the  township  in  connection  with the action,
22    including but not limited to court  costs,  attorney's  fees,
23    administrative  costs,  the  costs,  if  any, associated with
24    building enclosure or removal, and  receiver's  certificates.
25    The  interest in the property so conveyed shall be subject to
26    all liens and encumbrances on the property.  In addition,  if
27    the interest is conveyed to a person holding a certificate of
28    purchase  for  the  property under the Property Tax Code, the
29    conveyance shall be subject to the rights  of  redemption  of
30    all  persons entitled to redeem under that Act, including the
31    original owner of record.
32        If no person with an interest in  the  property  files  a
33    timely  request  or if the requesting party fails to demolish
34    the building or put the building in safe condition within the
 
                            -18-           LRB9208247MWpkam01
 1    time specified by the court, the township  may  petition  the
 2    court  to  issue  a  judicial  deed  for  the property to the
 3    township, or at the election of the  township  to  issue  the
 4    judicial  deed  to the county.  A conveyance by judicial deed
 5    shall operate to extinguish all existing ownership  interests
 6    in,  liens  on, and other interest in the property, including
 7    tax liens.
 8        (e)  This  Section  applies  only  to  requests  made  by
 9    townships under subsection (a) before  January  1,  2006  and
10    proceedings to implement or enforce this Section with respect
11    to matters related to or arising from those requests.

12        Section  99.  Effective date.  This Act takes effect upon
13    becoming law.".

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