Public Act 094-0572
SB0169 Enrolled LRB094 04278 MKM 34303 b

    AN ACT concerning local government.
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
    Section 5. The Illinois Municipal Code is amended by
changing Section 11-20-8 as follows:
    (65 ILCS 5/11-20-8)  (from Ch. 24, par. 11-20-8)
    Sec. 11-20-8. Pest extermination; liens. The corporate
authorities of each municipality may provide for the
extermination of pests rats in the municipality, and charge to
and collect from the owners of and persons interested in
private property the reasonable cost and expense of preventing
ingress of pests rats to their property and of pest rat
extermination therein, after notice to such owners or persons
as provided by ordinance and failures of such owners or persons
to comply. This cost and expense is a lien upon the real estate
affected, superior to all other existing liens and
encumbrances, except tax liens if within 60 days after such
cost and expense is incurred the municipality, or person
performing the service by authority of the municipality, in his
or its own name, files notice of lien 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 such county if the
real estate affected is registered under "An Act concerning
land titles", approved May 1, 1897, as amended. The notice
shall consist of a sworn statement setting out (1) a
description of the real estate sufficient for identification
thereof, (2) the amount of money representing the cost and
expense incurred or payable for the service, and (3) the date
or dates when such cost and expense was incurred by the
municipality. However, the lien of such municipality shall not
be valid as to any purchaser, mortgagee, judgment creditor, or
other lienor whose rights in and to the real estate arise
subsequent to the pest rat extermination and prior to the
filing of the notice of such lien in the office of the
recorder, or in the office of the Registrar of Titles, as
aforesaid. Upon payment of the cost and expense by the owner of
or persons interested in the property after notice of lien has
been filed, the lien shall be released by the municipality or
person in whose name the lien has been filed and the release
may be filed of record as in the case of filing notice of lien.
The lien may be enforced by proceedings to foreclose as in case
of mortgages or mechanics' liens. Actions to foreclose this
lien shall be commenced within one year after the date of
filing notice of lien.
    "Pests", as used in this Section 11-20-8, means undesirable
arthropods (including certain insects, spiders, mites, ticks,
and related organisms), wood infesting organisms, rats, mice,
and other obnoxious undesirable animals, but does not include a
feral cat, a "companion animal" as that term is defined in the
Humane Care for Animals Act (510 ILCS 70/), "animals" as that
term is defined in the Illinois Diseased Animals Act (510 ILCS
50/), or animals protected by the Wildlife Code (520 ILCS 5/).
(Source: P.A. 83-358.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/12/2005