| ||||
Public Act 102-0363 | ||||
| ||||
| ||||
AN ACT concerning property.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Property Tax Code is amended by changing | ||||
Sections 21-90 and 21-215 as follows:
| ||||
(35 ILCS 200/21-90)
| ||||
Sec. 21-90. Purchase and sale by county;
distribution of | ||||
proceeds. When any
property is delinquent, or is forfeited | ||||
for each of 2 or more
years, and is
offered for sale under any | ||||
of the provisions of this Code, the County Board of
the County | ||||
in which the property is located,
in its discretion, may bid, | ||||
or, in
the case of forfeited property, may apply to purchase | ||||
it, in the name of the
County as trustee for all taxing | ||||
districts having an
interest in the property's
taxes or | ||||
special assessments for the nonpayment of which the property | ||||
is sold.
The presiding officer of the county board, with the | ||||
advice and consent of the
Board, may appoint on its behalf
some | ||||
officer or person to attend such sales
and bid or, in the case | ||||
of forfeited property, to apply to the county clerk to
| ||||
purchase. The County shall apply on the bid or purchase
the | ||||
unpaid taxes and
special assessments due upon the property. No | ||||
cash need be paid. The County may
shall take all steps | ||||
necessary to acquire title to the property and may manage
and |
operate the property , including, but not limited to, mowing of | ||
grass, removal of nuisance greenery, removal of garbage, | ||
waste, debris or other materials, or the demolition, repair, | ||
or remediation of unsafe structures . When a county, or other | ||
taxing district within the
county, is a petitioner for a tax | ||
deed, no filing fee shall be required.
When a county or other | ||
taxing district within the county is the petitioner
for a tax | ||
deed, one petition may be filed including all parcels that are | ||
tax
delinquent within the county or taxing district, and any | ||
publication made under
Section 22-20 of this Code may combine | ||
all such parcels within a single notice.
The notice shall list | ||
the street or common address, if known, of the
parcels for | ||
informational purposes.
The
county, as tax creditor and as | ||
trustee for other tax creditors, or other taxing
district | ||
within the county, shall not be required to allege and prove | ||
that all
taxes and special assessments which become due and | ||
payable after the sale to
the county have been paid nor shall | ||
the county be
required to pay the
subsequently accruing taxes | ||
or special assessments at any time. The county
board or its | ||
designee may prohibit the county collector from including the
| ||
property in the tax sale of one or more subsequent years. The | ||
lien of taxes and
special assessments which become due and | ||
payable after a sale to a county
shall
merge in the fee title | ||
of the county, or other taxing district within the
county, on | ||
the issuance of a deed.
| ||
The County may sell or assign the property so
acquired, or |
the certificate of
purchase to it, to any party, including
| ||
taxing districts. The proceeds of that sale or
assignment, | ||
less all costs
of the county incurred in the acquisition , | ||
operation, maintenance, and sale or
assignment of the
| ||
property, including all costs associated with county staff and | ||
overhead used to perform the duties of the trustee set forth in | ||
this Section, shall be
distributed to the taxing districts in | ||
proportion to their respective interests
therein.
| ||
Under Sections 21-110, 21-115, 21-120 and 21-405, a County | ||
may bid or
purchase only in the absence of other bidders.
| ||
(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
| ||
(35 ILCS 200/21-215)
| ||
Sec. 21-215. Penalty bids. The person at the sale offering | ||
to pay the amount
due on each property for the least penalty | ||
percentage shall be the purchaser of
that property. No bid | ||
shall be accepted for a penalty exceeding 9% 18% of the
amount | ||
of the tax or special assessment on property.
| ||
(Source: P.A. 86-1431; 86-1480; 88-455.)
| ||
Section 10. The Counties Code is amended by changing | ||
Section 5-1121 as follows:
| ||
(55 ILCS 5/5-1121)
| ||
Sec. 5-1121. Demolition, repair, or enclosure.
| ||
(a) The county board of each county may
demolish, repair, |
or enclose or cause the demolition, repair, or enclosure of
| ||
dangerous and unsafe buildings or uncompleted and abandoned | ||
buildings within
the territory of the county, but outside the | ||
territory of any municipality, and
may remove or cause the | ||
removal of garbage, debris, and other hazardous,
noxious, or | ||
unhealthy substances or materials from those buildings.
If a | ||
township within the county makes a formal request to the | ||
county board
as provided in Section 85-50 of the Township Code | ||
that the county board
commence specified proceedings under | ||
this Section with respect to property
located within the | ||
township but outside the territory of any municipality,
then, | ||
at the next regular county board meeting occurring at least 10 | ||
days
after the formal request is made to the county board, the | ||
county board shall
either commence the requested proceedings | ||
or decline to do so (either
formally or by failing to commence | ||
the proceedings within 60 days after the request) and shall | ||
notify the township
board making the request of the county | ||
board's decision.
In any
county having adopted, by referendum | ||
or otherwise, a county health department
as provided by | ||
Division 5-25 of the Counties Code or its predecessor, the
| ||
county board of any such county may upon a formal request by | ||
the city, village,
or incorporated town demolish, repair or | ||
cause the demolition or repair of
dangerous and unsafe | ||
buildings or uncompleted and abandoned buildings within
the | ||
territory of any city, village, or incorporated town having a | ||
population of
less than 50,000.
|
The county board shall apply to the circuit court of the | ||
county
in which the building is located (i) for an order | ||
authorizing action to
be taken with respect to a building if | ||
the owner or owners of the building,
including the lien | ||
holders of record, after at least 15 days' written
notice by | ||
mail to do so, have failed to commence proceedings to put the
| ||
building in a safe
condition or to demolish it or (ii) for an | ||
order requiring the owner or
owners of record to demolish, | ||
repair, or enclose the building or to remove
garbage, debris, | ||
and other hazardous, noxious, or unhealthy substances or
| ||
materials from the building. It is not a defense to the cause | ||
of action
that the building is boarded up or otherwise | ||
enclosed, although the court
may order the defendant to have | ||
the building boarded up or otherwise
enclosed. Where, upon | ||
diligent search, the identity or whereabouts of the
owner or | ||
owners of the building, including the lien holders of record,
| ||
is not ascertainable, notice mailed to the person or persons | ||
in whose name
the real estate was last assessed and the posting | ||
of such notice upon the
premises sought to be demolished or | ||
repaired is sufficient notice under this
Section.
| ||
The hearing upon the application to the circuit court | ||
shall be expedited
by the court and shall be given precedence | ||
over all other suits.
| ||
The cost of the demolition, repair, enclosure, or removal | ||
incurred by
the county, by an intervenor, or by a lien holder | ||
of record,
including court costs, attorney's fees, and other |
costs related to the
enforcement of this Section, is | ||
recoverable from the owner or owners of
the real estate or the | ||
previous owner or both if the property was transferred
during | ||
the 15 day notice period and is a lien on the real estate; the | ||
lien is
superior to all prior existing liens and encumbrances, | ||
except taxes, if, within
180 days after the repair, | ||
demolition, enclosure, or removal, the county,
the lien holder | ||
of record, or the intervenor who incurred the cost and expense
| ||
shall file a notice of lien for the cost and expense incurred | ||
in the office of
the recorder in the county in which the real | ||
estate is located or in the office
of the registrar of titles | ||
of the county if the real estate affected is
registered under | ||
the Registered Titles (Torrens) Act.
| ||
The notice must consist of a sworn statement setting out | ||
(1) a
description of the real estate sufficient for its | ||
identification, (2)
the amount of money representing the cost | ||
and expense incurred, and (3) the
date or dates when the cost | ||
and expense was incurred by the county,
the lien holder of | ||
record, or the intervenor. Upon payment of the cost and
| ||
expense by the owner of or persons interested in the property | ||
after the
notice of lien has been filed, the lien shall be | ||
released by the
county, the person in whose name the lien has | ||
been filed, or the
assignee of the lien, and the release may be | ||
filed of record as in the case
of filing notice of lien. Unless | ||
the lien is enforced under subsection (b),
the lien may be | ||
enforced by foreclosure proceedings as in the case of
mortgage |
foreclosures under Article XV of the Code of Civil Procedure | ||
or
mechanics' lien foreclosures. An action to foreclose this | ||
lien
may be commenced at any time after the date of filing of | ||
the notice of
lien. The costs of foreclosure incurred by the | ||
county, including
court costs, reasonable attorney's fees, | ||
advances to preserve the property,
and other costs related to | ||
the enforcement of this subsection, plus
statutory interest, | ||
are a lien on the real estate and are recoverable by
the county | ||
from the owner or owners of the real estate.
| ||
All liens arising under this subsection (a) shall be | ||
assignable.
The assignee of the lien shall have the same power | ||
to enforce the lien
as the assigning party, except that the | ||
lien may not be
enforced under subsection (b).
| ||
If the appropriate official of any county determines that | ||
any
dangerous and unsafe building or uncompleted and abandoned | ||
building within
its territory fulfills the requirements for an | ||
action by the county
under the Abandoned Housing | ||
Rehabilitation Act, the county may
petition under that Act in | ||
a proceeding brought under this subsection.
| ||
(b) In any case where a county has obtained a lien under
| ||
subsection (a), the county may enforce the lien under
this | ||
subsection (b) in the same proceeding in which the lien is | ||
authorized.
| ||
A county desiring to enforce a lien under this subsection | ||
(b) shall
petition the court to retain jurisdiction for | ||
foreclosure proceedings under
this subsection. Notice of the |
petition shall be served, by certified or
registered mail, on | ||
all persons who were served notice under subsection (a).
The | ||
court shall conduct a hearing on the petition not less than 15
| ||
days after the notice is served. If the court determines that | ||
the
requirements of this subsection (b) have been satisfied, | ||
it shall grant the
petition and retain jurisdiction over the | ||
matter until the foreclosure
proceeding is completed. The | ||
costs of foreclosure incurred by the
county, including court | ||
costs, reasonable attorneys' fees, advances
to preserve the | ||
property, and other costs related to the enforcement of
this | ||
subsection, plus statutory interest, are a lien on the real | ||
estate and
are recoverable by the county from the owner or | ||
owners of the real
estate. If the court denies the petition, | ||
the county may enforce the
lien in a separate action as | ||
provided in subsection (a).
| ||
All persons designated in Section 15-1501 of the Code of | ||
Civil Procedure
as necessary parties in a mortgage foreclosure | ||
action shall be joined as
parties before issuance of an order | ||
of foreclosure. Persons designated
in Section 15-1501 of the | ||
Code of Civil Procedure as permissible parties
may also be | ||
joined as parties in the action.
| ||
The provisions of Article XV of the Code of Civil | ||
Procedure applicable to
mortgage foreclosures shall apply to | ||
the foreclosure of a lien under
this subsection (b), except to | ||
the extent that those provisions are
inconsistent with this | ||
subsection. For purposes of foreclosures
of liens under this |
subsection, however, the redemption period described in
| ||
subsection (b) of Section 15-1603 of the Code of Civil | ||
Procedure shall end
60 days after the date of entry of the | ||
order of foreclosure.
| ||
(c) In addition to any other remedy provided by law, the | ||
county
board of any county may petition the circuit court to | ||
have
property declared abandoned under this subsection (c) if:
| ||
(1) the property has been tax delinquent for 2 or more | ||
years or bills
for water service for the property have | ||
been outstanding for 2 or more years;
| ||
(2) the property is unoccupied by persons legally in | ||
possession; and
| ||
(3) the property's condition impairs public health, | ||
safety, or welfare for reasons specified in the petition | ||
property contains a dangerous or unsafe building .
| ||
All persons having an interest of record in the property, | ||
including tax
purchasers and beneficial owners of any Illinois | ||
land trust having title to
the property, shall be named as | ||
defendants in the petition and shall be
served with process. | ||
In addition, service shall be had under Section
2-206 of the | ||
Code of Civil Procedure as in other cases affecting property , | ||
including publication in a newspaper that is in circulation in | ||
the county in which the action is pending . At least 30 days | ||
prior to any declaration of abandonment, the county or its | ||
agent shall post a notice not less than 1 foot by 1 foot in | ||
size on the front of the subject building or property. The |
notice shall be dated as of the date of the posting and state | ||
that the county is seeking a declaration of abandonment for | ||
the property. The notice shall also include the case number | ||
for the underlying circuit court petition filed pursuant to | ||
this subsection and a notification that the owner should file | ||
an appearance in the matter if the property is not abandoned.
| ||
The county, however, may proceed under this subsection in | ||
a
proceeding brought under subsection (a). Notice of the | ||
petition
shall be served by certified or registered mail on | ||
all persons who were
served notice under subsection (a).
| ||
If the county proves that the conditions described in this
| ||
subsection exist and the owner of record of the property does | ||
not enter
an appearance in the action, or, if title to the | ||
property is held by an
Illinois land trust, if neither the | ||
owner of record nor the owner of the
beneficial interest of the | ||
trust enters an appearance, the court
shall declare the | ||
property abandoned.
| ||
If that determination is made, notice shall be sent by | ||
certified or
registered mail to all persons having an interest | ||
of record in the
property, including tax purchasers and | ||
beneficial owners of any Illinois
land trust having title to | ||
the property, stating that title to the
property will be | ||
transferred to the county unless, within 30 days of
the | ||
notice, the owner of record enters an appearance in the | ||
action, or
unless any other person having an interest in the | ||
property files with the
court a request to demolish any or all |
the dangerous or unsafe buildings building or to put the | ||
property
building in safe condition.
| ||
If the owner of record enters an appearance in the action | ||
within the 30
day period, the court shall vacate its order | ||
declaring the property
abandoned. In that case, the county may | ||
amend its complaint in order
to initiate proceedings under | ||
subsection (a).
| ||
If a request to demolish any or all dangerous or unsafe | ||
buildings or to otherwise put the property in safe condition | ||
or repair the building is filed within the 30
day period, the | ||
court shall grant permission to the requesting party to
| ||
demolish the building within 30 days or to restore the | ||
property building to safe
condition within 60 days after the | ||
request is granted. An extension of
that period for up to 60 | ||
additional days may be given for good cause. If
more than one | ||
person with an interest in the property files a timely
| ||
request, preference shall be given to the person with the lien | ||
or other
interest of the highest priority.
| ||
If the requesting party proves to the court that the | ||
building has been
demolished or put in a safe condition within | ||
the period of time granted by
the court, the court shall issue | ||
a quitclaim judicial deed for the
property to the requesting | ||
party, conveying only the interest of the owner
of record, | ||
upon proof of payment to the county of all costs incurred
by | ||
the county in connection with the action, including but not
| ||
limited to court costs, attorney's fees, administrative costs, |
the
costs, if any, associated with property maintenance | ||
building enclosure or removal , and receiver's
certificates. | ||
The interest in the property so conveyed shall be subject to
| ||
all liens and encumbrances on the property. In addition, if | ||
the interest is
conveyed to a person holding a certificate of | ||
purchase for the property
under the Property Tax Code, the | ||
conveyance shall
be subject to the rights of redemption of all | ||
persons entitled to redeem under
that Act, including the | ||
original owner of record.
| ||
If no person with an interest in the property files a | ||
timely request or
if the requesting party fails to demolish | ||
the building or put the property building
in safe condition | ||
within the time specified by the court, the county
may | ||
petition the court to issue a judicial deed for the property to | ||
the
county or another governmental body designated by the | ||
county in the petition . A conveyance by judicial deed shall | ||
operate to extinguish
all existing ownership interests in, | ||
liens on, and other interest in the
property, including tax | ||
liens.
| ||
(d) Each county may use the provisions of this subsection | ||
to expedite the
removal of certain buildings that are a | ||
continuing hazard to the community in
which they are located.
| ||
If the official designated to be
in charge of enforcing | ||
the county's building code determines that a
building is open | ||
and vacant and an immediate and continuing hazard to the
| ||
community in which the building is located, then the official |
shall be
authorized to post a notice not less than 2 feet by 2 | ||
feet in size on the
front of the building. The notice shall be | ||
dated as of the date of the
posting and shall state that unless | ||
the building is demolished, repaired,
or enclosed, and unless | ||
any garbage, debris, and other hazardous, noxious,
or | ||
unhealthy substances or materials are removed so that an | ||
immediate and
continuing hazard to the community no longer | ||
exists, then the building may
be demolished, repaired, or | ||
enclosed, or any garbage, debris, and other
hazardous, | ||
noxious, or unhealthy substances or materials may be removed, | ||
by
the county.
| ||
Not later than 30 days following the posting of the | ||
notice, the
county shall do both of the following:
| ||
(1) Cause to be sent, by certified mail, return | ||
receipt requested,
a notice to all owners of
record of the | ||
property, the beneficial owners of any Illinois land trust
| ||
having title to the property, and all lienholders of | ||
record in the property,
stating the intent of the county | ||
to demolish,
repair, or enclose the building or remove any | ||
garbage, debris, or other
hazardous, noxious, or unhealthy | ||
substances or materials if that action is
not taken by the | ||
owner or owners.
| ||
(2) Cause to be published, in a newspaper published or | ||
circulated in the
county where the building is located, a | ||
notice setting forth (i)
the permanent tax index number | ||
and the address of the building, (ii) a
statement that the |
property is open and vacant and constitutes an immediate | ||
and
continuing hazard to the community, and (iii) a | ||
statement that the county
intends to demolish, repair, or | ||
enclose the building or remove any garbage,
debris, or | ||
other hazardous, noxious, or unhealthy substances or | ||
materials if
the owner or owners or lienholders of record | ||
fail to do so. This notice shall
be published for 3 | ||
consecutive days.
| ||
A person objecting to the proposed actions of the county | ||
board may
file his or her objection in an appropriate form in a | ||
court of competent
jurisdiction.
| ||
If the building is not demolished, repaired, or enclosed, | ||
or the garbage,
debris, or other hazardous, noxious, or | ||
unhealthy substances or materials are
not removed, within 30 | ||
days of mailing the notice to the owners of record,
the | ||
beneficial owners of any Illinois land trust having title to | ||
the
property, and all lienholders of record in the property, | ||
or
within 30 days of the last day of publication of the notice, | ||
whichever is
later, the county board shall have the power to | ||
demolish, repair, or
enclose the building or to remove any | ||
garbage, debris, or other hazardous,
noxious, or unhealthy | ||
substances or materials.
| ||
The county may proceed to demolish, repair, or enclose a | ||
building
or remove any garbage, debris, or other hazardous, | ||
noxious, or unhealthy
substances or materials under this | ||
subsection within a 120-day period
following the date of the |
mailing of the notice if the appropriate official
determines | ||
that the demolition, repair, enclosure, or removal of any | ||
garbage,
debris, or other hazardous, noxious, or unhealthy | ||
substances or materials is
necessary to remedy the immediate | ||
and continuing hazard. If, however, before
the county proceeds | ||
with any of the actions authorized by this
subsection, any | ||
person has sought a hearing under this subsection before a
| ||
court and has served a copy of the complaint on the chief | ||
executive officer of
the county, then the county shall not | ||
proceed with the demolition,
repair, enclosure, or removal of | ||
garbage, debris, or other substances until the
court | ||
determines that that action is necessary to remedy the hazard | ||
and issues
an order authorizing the county to do so.
| ||
Following the demolition, repair, or enclosure of a | ||
building, or the
removal of garbage, debris, or other | ||
hazardous, noxious, or unhealthy
substances or materials under | ||
this subsection, the county may file a
notice of lien against | ||
the real estate for the cost of the demolition,
repair, | ||
enclosure, or removal within 180 days after the repair, | ||
demolition,
enclosure, or removal occurred, for the cost and | ||
expense incurred, in the
office of the recorder in the county | ||
in which the real estate is located or
in the office of the | ||
registrar of titles of the county if the real estate
affected | ||
is registered under the Registered Titles (Torrens) Act. The
| ||
notice of lien shall consist of a sworn statement setting | ||
forth (i) a
description of the real estate, such as the address |
or other description of
the property, sufficient for its | ||
identification; (ii) the expenses incurred
by the county in | ||
undertaking the remedial actions authorized under
this | ||
subsection; (iii) the date or dates the expenses were incurred | ||
by
the county; (iv) a statement by the official
responsible | ||
for enforcing the building code that the building was open and
| ||
vacant and constituted an immediate and continuing hazard
to | ||
the community; (v) a statement by the official that the
| ||
required sign was posted on the building, that notice was sent | ||
by certified
mail to the owners of record, and that notice was | ||
published in accordance
with this subsection; and (vi) a | ||
statement as to when and where the notice
was published. The | ||
lien authorized by this subsection may thereafter be
released | ||
or enforced by the county as provided in subsection (a).
| ||
(e) In any case where a county has obtained a lien under | ||
subsection (a),
the county may also bring an action for a money | ||
judgment against the owner or
owners of the real estate in the | ||
amount of the lien in the same manner as
provided for bringing | ||
causes of action in Article II of the Code of Civil
Procedure | ||
and, upon obtaining a judgment, file a judgment lien against | ||
all of
the real estate of the owner or owners and enforce that | ||
lien as provided for in
Article XII of the Code of Civil | ||
Procedure. | ||
(f) In addition to any other remedy provided by law, if a | ||
county finds that within a residential property of 1 acre or | ||
less there is an accumulation or concentration of: garbage; |
organic materials in an active state of decomposition | ||
including, but not limited to, carcasses, food waste, or other | ||
spoiled or rotting materials; human or animal waste; debris; | ||
or other hazardous, noxious, or unhealthy substances or | ||
materials, which present an immediate threat to the public | ||
health or safety or the health and safety of the occupants of | ||
the property, the county may, without any administrative | ||
procedure to bond, petition the court for immediate injunctive | ||
relief to abate or cause the abatement of the condition that is | ||
causing the threat to health or safety, including an order | ||
causing the removal of any unhealthy or unsafe accumulations | ||
or concentrations of the material or items listed in this | ||
subsection from the structure or property. The county shall | ||
file with the circuit court in which the property is located a | ||
petition for an order authorizing the abatement of the | ||
condition that is causing the threat to health or safety. A | ||
hearing on the petition shall be set within 5 days, not | ||
including weekends or holidays, from the date of filing. To | ||
provide notice of such hearing, the county shall make every | ||
effort to serve the property's owners of record with the | ||
petition and summons and, if such service cannot be had, shall | ||
provide an affidavit to the court at the hearing showing the | ||
service could not be had and the efforts taken to locate and | ||
serve the owners of record. The county shall also post a sign | ||
at the property notifying all persons of the court proceeding. | ||
Following the abatement actions, the county may file a notice |
of lien for the cost and expense of actions taken under this | ||
subsection as provided in subsection (a).
| ||
(Source: P.A. 101-200, eff. 1-1-20 .)
| ||
Section 15. The Illinois Municipal Code is amended by | ||
changing Section 11-31-1 as follows:
| ||
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| ||
Sec. 11-31-1. Demolition, repair, enclosure, or | ||
remediation.
| ||
(a) The corporate authorities of each municipality may | ||
demolish, repair,
or enclose or cause the demolition, repair, | ||
or enclosure of
dangerous and unsafe buildings or uncompleted | ||
and abandoned buildings
within the territory of the | ||
municipality and may remove or cause the
removal of garbage, | ||
debris, and other hazardous, noxious, or unhealthy
substances | ||
or materials from those buildings. In any county
having | ||
adopted by referendum or otherwise a county health department | ||
as
provided by Division 5-25 of the Counties Code or its | ||
predecessor, the
county board of that county may exercise | ||
those powers with regard to
dangerous and unsafe buildings or | ||
uncompleted and abandoned buildings
within the territory of | ||
any city, village, or incorporated town having less
than | ||
50,000 population.
| ||
The corporate authorities shall apply to the circuit court | ||
of the county
in which the building is located (i) for an order |
authorizing action to
be taken with respect to a building if | ||
the owner or owners of the building,
including the lien | ||
holders of record, after at least 15 days' written
notice by | ||
mail so to do, have failed to put the building in a safe
| ||
condition or to demolish it or (ii) for an order requiring the | ||
owner or
owners of record to demolish, repair, or enclose the | ||
building or to remove
garbage, debris, and other hazardous, | ||
noxious, or unhealthy substances or
materials from the | ||
building. It is not a defense to the cause of action
that the | ||
building is boarded up or otherwise enclosed, although the | ||
court
may order the defendant to have the building boarded up | ||
or otherwise
enclosed. Where, upon diligent search, the | ||
identity or whereabouts of the
owner or owners of the | ||
building, including the lien holders of record,
is not | ||
ascertainable, notice mailed to the person or persons in whose | ||
name
the real estate was last assessed is sufficient notice | ||
under this Section.
| ||
The hearing upon the application to the circuit court | ||
shall be expedited
by the court and shall be given precedence | ||
over all other suits.
Any person entitled to bring an action | ||
under subsection (b) shall have
the right to intervene in an | ||
action brought under this Section.
| ||
The cost of the demolition, repair, enclosure, or removal | ||
incurred by
the municipality, by an intervenor, or by a lien | ||
holder of record,
including court costs, attorney's fees, and | ||
other costs related to the
enforcement of this Section, is |
recoverable from the owner or owners of
the real estate or the | ||
previous owner or both if the property was transferred
during | ||
the 15 day notice period and is a lien on the real estate; the | ||
lien is
superior to all prior existing liens and encumbrances, | ||
except taxes, if, within
180 days after the repair, | ||
demolition, enclosure, or removal, the municipality,
the lien | ||
holder of record, or the intervenor who incurred the cost and | ||
expense
shall file a notice of lien for the cost and expense | ||
incurred in the office of
the recorder in the county in which | ||
the real estate is located or in the office
of the registrar of | ||
titles of the county if the real estate affected is
registered | ||
under the Registered Titles (Torrens) Act.
| ||
The notice must consist of a sworn statement setting out | ||
(1) a
description of the real estate sufficient for its | ||
identification, (2)
the amount of money representing the cost | ||
and expense incurred, and (3) the
date or dates when the cost | ||
and expense was incurred by the municipality,
the lien holder | ||
of record, or the intervenor. Upon payment of the cost and
| ||
expense by the owner of or persons interested in the property | ||
after the
notice of lien has been filed, the lien shall be | ||
released by the
municipality, the person in whose name the | ||
lien has been filed, or the
assignee of the lien, and the | ||
release may be filed of record as in the case
of filing notice | ||
of lien. Unless the lien is enforced under subsection (c),
the | ||
lien may be enforced by foreclosure proceedings as in the case | ||
of
mortgage foreclosures under Article XV of the Code of Civil |
Procedure or
mechanics' lien foreclosures. An action to | ||
foreclose this lien
may be commenced at any time after the date | ||
of filing of the notice of
lien. The costs of foreclosure | ||
incurred by the municipality, including
court costs, | ||
reasonable attorney's fees, advances to preserve the property,
| ||
and other costs related to the enforcement of this subsection, | ||
plus
statutory interest, are a lien on the real estate and are | ||
recoverable by
the municipality from the owner or owners of | ||
the real estate.
| ||
All liens arising under this subsection (a) shall be | ||
assignable.
The assignee of the lien shall have the same power | ||
to enforce the lien
as the assigning party, except that the | ||
lien may not be
enforced under subsection (c).
| ||
If the appropriate official of any municipality determines | ||
that any
dangerous and unsafe building or uncompleted and | ||
abandoned building within
its territory fulfills the | ||
requirements for an action by the municipality
under the | ||
Abandoned Housing Rehabilitation Act, the municipality may
| ||
petition under that Act in a proceeding brought under this | ||
subsection.
| ||
(b) Any owner or tenant of real property within 1200 feet | ||
in any
direction of any dangerous or unsafe building located | ||
within the territory
of a municipality with a population of | ||
500,000 or more may file with the
appropriate municipal | ||
authority a request that the municipality apply to
the circuit | ||
court of the county in which the building is located for an
|
order permitting the demolition, removal of garbage, debris, | ||
and other
noxious or unhealthy substances and materials from, | ||
or repair or enclosure of
the building in the manner | ||
prescribed in subsection (a) of this Section.
If the | ||
municipality fails to institute an action in circuit court | ||
within 90
days after the filing of the request, the owner or | ||
tenant of real property
within 1200 feet in any direction of | ||
the building may institute an action
in circuit court seeking | ||
an order compelling the owner or owners of record
to demolish, | ||
remove garbage, debris, and other noxious or unhealthy
| ||
substances and materials from, repair or enclose or to cause | ||
to be
demolished, have garbage, debris, and other noxious or | ||
unhealthy substances
and materials removed from, repaired, or | ||
enclosed the building in question.
A private owner or tenant | ||
who institutes an action under the preceding sentence
shall | ||
not be required to pay any fee to the clerk of the circuit | ||
court.
The cost of repair, removal, demolition, or enclosure | ||
shall be borne by
the owner or owners of record of the | ||
building. In the event the owner or
owners of record fail to | ||
demolish, remove garbage, debris, and other noxious
or | ||
unhealthy substances and materials from, repair, or enclose | ||
the building
within 90 days of the date the court entered its | ||
order, the owner or tenant
who instituted the action may | ||
request that the court join the municipality
as a party to the | ||
action. The court may order the municipality to demolish,
| ||
remove materials from, repair, or enclose the building, or |
cause that action to
be taken upon the request of any owner or | ||
tenant who instituted the action or
upon the municipality's | ||
request. The municipality may file, and the court may
approve, | ||
a plan for rehabilitating the building in question. A court | ||
order
authorizing the municipality to demolish, remove | ||
materials from, repair, or
enclose a building, or cause that | ||
action to be taken, shall not preclude the
court from | ||
adjudging the owner or owners of record of the building in | ||
contempt
of court due to the failure to comply with the order | ||
to demolish, remove
garbage, debris, and other noxious or | ||
unhealthy substances and materials from,
repair, or enclose | ||
the building.
| ||
If a municipality or a person or persons other than the | ||
owner or
owners of record pay the cost of demolition, removal | ||
of garbage, debris, and
other noxious or unhealthy substances | ||
and materials, repair, or enclosure
pursuant to a court order, | ||
the cost, including court costs, attorney's fees,
and other | ||
costs related to the enforcement of this subsection, is
| ||
recoverable from the owner or owners of the real estate and is | ||
a lien
on the real estate; the lien is superior to all prior | ||
existing liens and
encumbrances, except taxes, if, within 180 | ||
days after the
repair, removal, demolition, or enclosure, the | ||
municipality or the person or
persons who paid the costs of | ||
demolition, removal, repair, or enclosure
shall file a notice | ||
of lien of the cost and expense incurred in the office
of the | ||
recorder in the county in which the real estate is located or |
in the
office of the registrar of the county if the real estate | ||
affected is
registered under the Registered Titles (Torrens) | ||
Act. The notice shall be
in a form as is provided in subsection | ||
(a). An owner or tenant who
institutes an action in circuit | ||
court seeking an order to compel the owner
or owners of record | ||
to demolish, remove materials from, repair, or enclose any
| ||
dangerous or unsafe building, or to cause that action to be | ||
taken under this
subsection may recover court costs and | ||
reasonable attorney's fees for
instituting the action from the | ||
owner or owners of record of the building.
Upon payment of the | ||
costs and expenses by the owner of or a person
interested in | ||
the property after the notice of lien has been filed, the
lien | ||
shall be released by the municipality or the person in whose | ||
name the
lien has been filed or his or her assignee, and the | ||
release may be filed of
record as in the case of filing a | ||
notice of lien. Unless the lien is
enforced under subsection | ||
(c), the lien may be enforced by foreclosure
proceedings as in | ||
the case of mortgage foreclosures under Article XV of the
Code | ||
of Civil Procedure or mechanics' lien foreclosures. An action | ||
to
foreclose this lien may be commenced at any time after the | ||
date of filing
of the notice of lien. The costs of foreclosure | ||
incurred by the
municipality, including court costs, | ||
reasonable attorneys' fees, advances
to preserve the property, | ||
and other costs related to the enforcement of
this subsection, | ||
plus statutory interest, are a lien on the real estate
and are | ||
recoverable by the municipality from the owner or owners of |
the
real estate.
| ||
All liens arising under the terms of this subsection (b) | ||
shall be
assignable. The assignee of the lien shall have the | ||
same power to
enforce the lien as the assigning party, except | ||
that the lien may not be
enforced under subsection (c).
| ||
(c) In any case where a municipality has obtained a lien | ||
under
subsection (a), (b), or (f), the municipality may | ||
enforce the
lien
under
this subsection (c) in the same | ||
proceeding in which the lien is authorized.
| ||
A municipality desiring to enforce a lien under this | ||
subsection (c) shall
petition the court to retain jurisdiction | ||
for foreclosure proceedings under
this subsection. Notice of | ||
the petition shall be served, by certified or
registered mail, | ||
on all persons who were served notice under subsection
(a), | ||
(b), or (f). The court shall conduct a hearing on the petition | ||
not
less than 15
days after the notice is served. If the court | ||
determines that the
requirements of this subsection (c) have | ||
been satisfied, it shall grant the
petition and retain | ||
jurisdiction over the matter until the foreclosure
proceeding | ||
is completed. The costs of foreclosure incurred by the
| ||
municipality, including court costs, reasonable attorneys' | ||
fees, advances
to preserve the property, and other costs | ||
related to the enforcement of
this subsection, plus statutory | ||
interest, are a lien on the real estate and
are recoverable by | ||
the municipality from the owner or owners of the real
estate. | ||
If the court denies the petition, the municipality may enforce |
the
lien in a separate action as provided in subsection (a), | ||
(b), or
(f).
| ||
All persons designated in Section 15-1501 of the Code of | ||
Civil Procedure
as necessary parties in a mortgage foreclosure | ||
action shall be joined as
parties before issuance of an order | ||
of foreclosure. Persons designated
in Section 15-1501 of the | ||
Code of Civil Procedure as permissible parties
may also be | ||
joined as parties in the action.
| ||
The provisions of Article XV of the Code of Civil | ||
Procedure applicable to
mortgage foreclosures shall apply to | ||
the foreclosure of a lien under
this subsection (c), except to | ||
the extent that those provisions are
inconsistent with this | ||
subsection. For purposes of foreclosures
of liens under this | ||
subsection, however, the redemption period described in
| ||
subsection (b) of Section 15-1603 of the Code of Civil | ||
Procedure shall end
60 days after the date of entry of the | ||
order of foreclosure.
| ||
(d) In addition to any other remedy provided by law, the | ||
corporate
authorities of any municipality may petition the | ||
circuit court to have
property declared abandoned under this | ||
subsection (d) if:
| ||
(1) the property has been tax delinquent for 2 or more | ||
years or bills
for water service for the property have | ||
been outstanding for 2 or more years;
| ||
(2) the property is unoccupied by persons legally in | ||
possession; and
|
(3) the property's condition impairs public health, | ||
safety, or welfare property contains a dangerous or unsafe | ||
building for reasons specified in the petition.
| ||
All persons having an interest of record in the property, | ||
including tax
purchasers and beneficial owners of any Illinois | ||
land trust having title to
the property, shall be named as | ||
defendants in the petition and shall be
served with process. | ||
In addition, service shall be had under Section
2-206 of the | ||
Code of Civil Procedure as in other cases affecting property , | ||
including publication in a newspaper that is in circulation in | ||
the county in which the action is pending . At least 30 days | ||
prior to any declaration of abandonment, the municipality or | ||
its agent shall post a notice not less than 1 foot by 1 foot in | ||
size on the front of the subject building or property. The | ||
notice shall be dated as of the date of the posting and state | ||
that the municipality is seeking a declaration of abandonment | ||
for the property. The notice shall also include the case | ||
number for the underlying circuit court petition filed | ||
pursuant to this subsection and a notification that the owner | ||
should file an appearance in the matter if the property is not | ||
abandoned.
| ||
The municipality, however, may proceed under this | ||
subsection in a
proceeding brought under subsection (a) or | ||
(b). Notice of the petition
shall be served in person or by | ||
certified or registered mail on all persons who were
served | ||
notice under subsection (a) or (b).
|
If the municipality proves that the conditions described | ||
in this
subsection exist and (i) the owner of record of the | ||
property does not enter
an appearance in the action, or, if | ||
title to the property is held by an
Illinois land trust, if | ||
neither the owner of record nor the owner of the
beneficial | ||
interest of the trust enters an appearance, or (ii) if the | ||
owner of record or the beneficiary of a land trust, if title to | ||
the property is held by an Illinois land trust, enters an | ||
appearance and specifically waives his or her rights under | ||
this subsection (d), the court
shall declare the property | ||
abandoned. Notwithstanding any waiver, the municipality may | ||
move to dismiss its petition at any time. In addition, any | ||
waiver in a proceeding under this subsection (d) does not | ||
serve as a waiver for any other proceeding under law or equity.
| ||
If that determination is made, notice shall be sent in | ||
person or by certified or
registered mail to all persons | ||
having an interest of record in the
property, including tax | ||
purchasers and beneficial owners of any Illinois
land trust | ||
having title to the property, stating that title to the
| ||
property will be transferred to the municipality unless, | ||
within 30 days of
the notice, the owner of record or any other | ||
person having an interest in the property files with the
court | ||
a request to demolish any or all the dangerous or unsafe | ||
buildings building or to put the
building in safe condition, | ||
or unless the owner of record enters an appearance and proves | ||
that the owner does not intend to abandon the property.
|
If the owner of record enters an appearance in the action | ||
within the 30
day period, but does not at that time file with | ||
the court a request to demolish the dangerous or unsafe | ||
building or to put the property building in safe condition, or | ||
specifically waive his or her rights under this subsection | ||
(d), the court shall vacate its order declaring the property
| ||
abandoned if it determines that the owner of record does not | ||
intend to abandon the property. In that case, the municipality | ||
may amend its complaint in order
to initiate proceedings under | ||
subsection (a), or it may request that the court order the | ||
owner to demolish buildings the building or repair the | ||
dangerous or unsafe conditions of the property building | ||
alleged in the petition or seek the appointment of a receiver | ||
or other equitable relief to correct the conditions at the | ||
property. The powers and rights of a receiver appointed under | ||
this subsection (d) shall include all of the powers and rights | ||
of a receiver appointed under Section 11-31-2 of this Code.
| ||
If a request to demolish or repair a the building or | ||
property is filed within the 30
day period, the court shall | ||
grant permission to the requesting party to
demolish the | ||
building or repair the property within 30 days or to restore | ||
the building to safe
condition within 60 days after the | ||
request is granted. An extension of
that period for up to 60 | ||
additional days may be given for good cause. If
more than one | ||
person with an interest in the property files a timely
| ||
request, preference shall be given to the owner of record if |
the owner filed a request or, if the owner did not, the person | ||
with the lien or other
interest of the highest priority.
| ||
If the requesting party (other than the owner of record) | ||
proves to the court that the building has been
demolished or | ||
put in a safe condition in accordance with the local safety | ||
codes within the period of time granted by
the court, the court | ||
shall issue a quitclaim judicial deed for the
property to the | ||
requesting party, conveying only the interest of the owner
of | ||
record, upon proof of payment to the municipality of all costs | ||
incurred
by the municipality in connection with the action, | ||
including but not
limited to court costs, attorney's fees, | ||
administrative costs, the
costs, if any, associated with | ||
property maintenance building enclosure or removal , and | ||
receiver's
certificates. The interest in the property so | ||
conveyed shall be subject to
all liens and encumbrances on the | ||
property. In addition, if the interest is
conveyed to a person | ||
holding a certificate of purchase for the property
under the | ||
Property Tax Code, the conveyance shall
be subject to the | ||
rights of redemption of all persons entitled to redeem under
| ||
that Act, including the original owner of record. If the | ||
requesting party is the owner of record and proves to the court | ||
that the building has been demolished or put in a safe | ||
condition in accordance with the local safety codes within the | ||
period of time granted by the court, the court shall dismiss | ||
the proceeding under this subsection (d).
| ||
If the owner of record has not entered an appearance and |
proven that the owner did not intend to abandon the property, | ||
and if no person with an interest in the property files a | ||
timely request or
if the requesting party fails to demolish | ||
the building or put the property building
in safe condition | ||
within the time specified by the court, the municipality
may | ||
petition the court to issue a judicial deed for the property to | ||
the
municipality or another governmental body designated by | ||
the municipality in the petition . A conveyance by judicial | ||
deed shall operate to extinguish
all existing ownership | ||
interests in, liens on, and other interest in the
property, | ||
including tax liens, and shall extinguish the rights and
| ||
interests of any and all holders of a bona fide certificate of | ||
purchase of the
property for delinquent taxes. Any such bona | ||
fide certificate of purchase
holder shall be
entitled to a | ||
sale in error as prescribed under Section 21-310 of the | ||
Property
Tax Code.
| ||
(e) Each municipality may use the provisions of this | ||
subsection to expedite
the removal
of certain buildings that | ||
are a continuing hazard to the community in which
they are | ||
located.
| ||
If a residential or commercial building is 3 stories or | ||
less in height as
defined by the
municipality's building code, | ||
and the corporate official designated to be
in charge of | ||
enforcing the municipality's building code determines that the
| ||
building is open and vacant and an immediate and continuing | ||
hazard to the
community in which the building is located, then |
the official shall be
authorized to post a notice not less than | ||
2 feet by 2 feet in size on the
front of the building. The | ||
notice shall be dated as of the date of the
posting and shall | ||
state that unless the building is demolished, repaired,
or | ||
enclosed, and unless any garbage, debris, and other hazardous, | ||
noxious,
or unhealthy substances or materials are removed so | ||
that an immediate and
continuing hazard to the community no | ||
longer exists, then the building may
be demolished, repaired, | ||
or enclosed, or any garbage, debris, and other
hazardous, | ||
noxious, or unhealthy substances or materials may be removed, | ||
by
the municipality.
| ||
Not later than 30 days following the posting of the | ||
notice, the
municipality shall do all of the following:
| ||
(1) Cause to be sent, by certified mail, return | ||
receipt requested,
a Notice to Remediate to all owners of
| ||
record of the property, the beneficial owners of any | ||
Illinois land trust
having title to the property, and all | ||
lienholders of record in the property,
stating the intent | ||
of the municipality to demolish,
repair, or enclose the | ||
building or remove any garbage, debris, or other
| ||
hazardous, noxious, or unhealthy substances or materials | ||
if that action is
not taken by the owner or owners.
| ||
(2) Cause to be published, in a newspaper published or | ||
circulated in the
municipality where the building is | ||
located, a notice setting forth (i)
the permanent tax | ||
index number and the address of the building, (ii) a
|
statement that the property is open and vacant and | ||
constitutes an immediate and
continuing hazard to the | ||
community, and (iii) a statement that the municipality
| ||
intends to demolish, repair, or enclose the building or | ||
remove any garbage,
debris, or other hazardous, noxious, | ||
or unhealthy substances or materials if
the owner or | ||
owners or lienholders of record fail to do so. This notice | ||
shall
be published for 3 consecutive days.
| ||
(3) Cause to be recorded the Notice to Remediate | ||
mailed under paragraph
(1) in
the office of the recorder | ||
in the county in which the real estate is located or
in the
| ||
office of the registrar of titles of the county if the real | ||
estate is
registered under the
Registered Title (Torrens) | ||
Act.
| ||
Any person or persons with a current legal or equitable | ||
interest in the
property objecting to the proposed actions of | ||
the corporate authorities may
file his or her objection in an | ||
appropriate form in a court of competent
jurisdiction.
| ||
If the building is not demolished, repaired, or enclosed, | ||
or the garbage,
debris, or other hazardous, noxious, or | ||
unhealthy substances or materials are
not removed, within 30 | ||
days of mailing the notice to the owners of record,
the | ||
beneficial owners of any Illinois land trust having title to | ||
the
property, and all lienholders of record in the property, | ||
or
within 30 days of the last day of publication of the notice, | ||
whichever is
later, the corporate authorities shall have the |
power to demolish, repair, or
enclose the building or to | ||
remove any garbage, debris, or other hazardous,
noxious, or | ||
unhealthy substances or materials.
| ||
The municipality may proceed to demolish, repair, or | ||
enclose a building
or remove any garbage, debris, or other | ||
hazardous, noxious, or unhealthy
substances or materials under | ||
this subsection within a 120-day period
following the date of | ||
the mailing of the notice if the appropriate official
| ||
determines that the demolition, repair, enclosure, or removal | ||
of any garbage,
debris, or other hazardous, noxious, or | ||
unhealthy substances or materials is
necessary to remedy the | ||
immediate and continuing hazard. If, however, before
the | ||
municipality proceeds with any of the actions authorized by | ||
this
subsection, any person with a legal or equitable interest | ||
in the property has
sought a hearing under this subsection | ||
before a
court and has served a copy of the complaint on the | ||
chief executive officer of
the municipality, then the | ||
municipality shall not proceed with the demolition,
repair, | ||
enclosure, or removal of garbage, debris, or other substances | ||
until the
court determines that that action is necessary to | ||
remedy the hazard and issues
an order authorizing the | ||
municipality to do so.
If the court dismisses the action for | ||
want of prosecution, the municipality
must send the objector a | ||
copy of the dismissal
order and a letter stating that the | ||
demolition, repair, enclosure, or
removal of garbage, debris, | ||
or other substances will proceed unless, within 30
days after |
the copy of the order and the letter are mailed, the
objector
| ||
moves to vacate the dismissal and serves a
copy of the
motion | ||
on the chief executive officer of the municipality. | ||
Notwithstanding
any other law to the contrary, if the objector | ||
does not file a motion and give
the required notice, if the | ||
motion is denied by the court, or if the action is
again | ||
dismissed for want of prosecution, then the dismissal is with | ||
prejudice
and the demolition, repair, enclosure, or removal | ||
may proceed forthwith.
| ||
Following the demolition, repair, or enclosure of a | ||
building, or the
removal of garbage, debris, or other | ||
hazardous, noxious, or unhealthy
substances or materials under | ||
this subsection, the municipality may file a
notice of lien | ||
against the real estate for the cost of the demolition,
| ||
repair, enclosure, or removal within 180 days after the | ||
repair, demolition,
enclosure, or removal occurred, for the | ||
cost and expense incurred, in the
office of the recorder in the | ||
county in which the real estate is located or
in the office of | ||
the registrar of titles of the county if the real estate
| ||
affected is registered under the Registered Titles (Torrens) | ||
Act; this
lien has priority over the interests of those | ||
parties named in the
Notice to
Remediate mailed under | ||
paragraph (1), but not over the interests of third party
| ||
purchasers
or encumbrancers for value who obtained their | ||
interests in the property before
obtaining
actual or | ||
constructive notice of the lien.
The
notice of lien shall |
consist of a sworn statement setting forth (i) a
description | ||
of the real estate, such as the address or other description of
| ||
the property, sufficient for its identification; (ii) the | ||
expenses incurred
by the municipality in undertaking the | ||
remedial actions authorized under
this subsection; (iii) the | ||
date or dates the expenses were incurred by
the municipality; | ||
(iv) a statement by the corporate official
responsible for | ||
enforcing the building code that the building was open and
| ||
vacant and constituted an immediate and continuing hazard
to | ||
the community; (v) a statement by the corporate official that | ||
the
required sign was posted on the building, that notice was | ||
sent by certified
mail to the owners of record, and that notice | ||
was published in accordance
with this subsection; and (vi) a | ||
statement as to when and where the notice
was published. The | ||
lien authorized by this subsection may thereafter be
released | ||
or enforced by the municipality as provided in subsection (a).
| ||
(f) The corporate authorities of each municipality may | ||
remove or cause the
removal of, or otherwise environmentally | ||
remediate hazardous substances and
petroleum products on, in,
| ||
or under any abandoned and unsafe property within the | ||
territory of a
municipality. In addition, where preliminary | ||
evidence indicates the presence
or likely presence of a | ||
hazardous substance or a petroleum product or a release
or a | ||
substantial
threat of a release of a hazardous substance or a | ||
petroleum product on, in, or
under the property, the
corporate | ||
authorities of the municipality may inspect the property and |
test for
the presence or release of hazardous substances and | ||
petroleum products. In any
county having adopted
by referendum | ||
or otherwise a county health department as provided by | ||
Division
5-25 of the Counties Code or its predecessor, the | ||
county board of that county
may exercise the above-described | ||
powers with regard to property within the
territory of any | ||
city, village, or incorporated town having less than 50,000
| ||
population.
| ||
For purposes of this subsection (f):
| ||
(1) "property" or "real estate" means all real | ||
property, whether or
not improved by a structure;
| ||
(2) "abandoned" means;
| ||
(A) the property has been tax delinquent for 2 or | ||
more years;
| ||
(B) the property is unoccupied by persons legally | ||
in possession; and
| ||
(3) "unsafe" means property that presents an actual or | ||
imminent
threat to public health and safety caused by
the | ||
release of hazardous substances; and
| ||
(4) "hazardous substances" means the same as in | ||
Section 3.215 of the
Environmental Protection Act.
| ||
The corporate authorities shall apply to the circuit court | ||
of the county in
which the property is located (i) for an order | ||
allowing the municipality to
enter the property and inspect | ||
and test substances on, in, or under
the property; or (ii) for | ||
an order authorizing the
corporate authorities to take action |
with respect to remediation of the
property if conditions on | ||
the property, based on the inspection and testing
authorized | ||
in paragraph (i), indicate the presence of hazardous | ||
substances or
petroleum products.
Remediation shall be deemed
| ||
complete for purposes of
paragraph (ii) above when the | ||
property satisfies Tier
I,
II, or
III
remediation objectives | ||
for the property's most recent usage, as established by
the | ||
Environmental Protection Act, and the rules and regulations | ||
promulgated
thereunder. Where, upon diligent search, the | ||
identity or whereabouts of the
owner or owners of the | ||
property, including the lien holders of record, is not
| ||
ascertainable, notice mailed to the person or persons in whose | ||
name the real
estate was last assessed is sufficient notice | ||
under this Section.
| ||
The court shall grant an order authorizing testing under | ||
paragraph (i) above
upon a
showing of preliminary evidence | ||
indicating the presence or likely presence of a
hazardous | ||
substance or a petroleum product or a release of
or a | ||
substantial threat of a release of a hazardous substance or a | ||
petroleum
product on, in, or under
abandoned property. The | ||
preliminary evidence may include, but is not limited
to, | ||
evidence of prior use, visual site inspection, or records of | ||
prior
environmental investigations. The testing authorized by | ||
paragraph (i) above
shall include any type of investigation | ||
which is necessary for an environmental
professional to | ||
determine the environmental condition of the property,
|
including but not limited to performance of soil borings and | ||
groundwater
monitoring. The court shall grant a remediation | ||
order under paragraph (ii)
above where testing of the property | ||
indicates that it fails to meet the
applicable remediation | ||
objectives. The hearing upon the application to the
circuit | ||
court shall be expedited by the court and shall be given | ||
precedence
over
all other suits.
| ||
The cost of the inspection, testing, or remediation | ||
incurred by the
municipality or by a lien holder of record, | ||
including court costs, attorney's
fees, and other costs | ||
related to the enforcement of this Section,
is a lien on the | ||
real estate; except that in any instances where a
municipality
| ||
incurs costs
of inspection and testing but finds no hazardous | ||
substances or petroleum
products on the property
that present | ||
an actual or imminent
threat to public health and safety, such | ||
costs are not recoverable from the
owners nor are such costs a | ||
lien on the real estate. The lien is superior to
all prior | ||
existing liens and encumbrances, except taxes and any lien | ||
obtained
under subsection (a) or (e), if, within 180 days | ||
after the completion of the
inspection, testing, or | ||
remediation, the municipality or the lien holder of
record who
| ||
incurred the cost and expense shall file a notice of lien for | ||
the cost and
expense incurred in the office of the recorder in | ||
the county in which the real
estate is located or in the office | ||
of the registrar of titles of the county if
the real estate | ||
affected is registered under the Registered Titles (Torrens)
|
Act.
| ||
The notice must consist of a sworn statement setting out | ||
(i) a description of
the real estate sufficient for its | ||
identification, (ii) the amount of money
representing the cost | ||
and expense incurred, and (iii) the date or dates when
the
cost | ||
and expense was incurred by the municipality or the lien | ||
holder of record.
Upon payment of the lien amount by the owner | ||
of or persons interested in the
property after the notice of | ||
lien has been filed, a release of lien shall be
issued by the | ||
municipality, the person in whose name the lien has been | ||
filed,
or the assignee of the lien, and the release may be | ||
filed of record as in the
case of filing notice of lien.
| ||
The lien may be enforced under subsection (c) or by | ||
foreclosure proceedings
as
in the case of mortgage | ||
foreclosures under Article XV of the Code of Civil
Procedure | ||
or mechanics' lien foreclosures; provided that where the lien | ||
is
enforced by foreclosure under subsection (c) or under | ||
either statute, the
municipality may
not proceed against the | ||
other assets of the owner or owners of the real estate
for any | ||
costs that otherwise would be recoverable under this Section | ||
but that
remain unsatisfied after foreclosure except where | ||
such additional recovery is
authorized by separate | ||
environmental laws. An action to foreclose this lien
may be | ||
commenced at any time after the date of filing of the notice of | ||
lien.
The costs of foreclosure incurred by the municipality, | ||
including court costs,
reasonable attorney's fees, advances to |
preserve the property, and other costs
related to the | ||
enforcement of this subsection, plus statutory interest, are a
| ||
lien on the real estate.
| ||
All liens arising under this subsection (f) shall be | ||
assignable. The
assignee of the lien shall have the same power | ||
to enforce the lien as the
assigning party, except that the | ||
lien may not be enforced under subsection
(c).
| ||
(g) In any case where a municipality has obtained a lien | ||
under subsection
(a), the municipality may also bring an | ||
action for a money judgment against the
owner or owners of the | ||
real estate in the amount of the lien in the same manner
as | ||
provided for bringing causes of action in Article II of the | ||
Code of Civil
Procedure and, upon obtaining a judgment, file a | ||
judgment lien against all of
the real estate of the owner or | ||
owners and enforce that lien as provided for in
Article XII of | ||
the Code of Civil Procedure.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
|