Public Act 90-0292 of the 90th General Assembly

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Public Act 90-0292

HB0661 Enrolled                                LRB9003553PTcw

    AN ACT to amend the Illinois Municipal Code  by  changing
Section 11-20-13.

    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 11-20-13 as follows:

    (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
    Sec.   11-20-13.   The   corporate  authorities  of  each
municipality may provide for  the  removal  of  garbage,  and
debris,  and graffiti from private property when the owner of
such property, after reasonable notice, refuses  or  neglects
to  remove  such  garbage,  and  debris, and graffiti and may
collect from such owner the reasonable cost thereof except in
the case of graffiti. This cost  is  a  lien  upon  the  real
estate   affected,  superior  to  all  subsequent  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  such  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 whose
rights in and to such real estate have arisen  subsequent  to
removal  of the garbage and debris and prior to the filing of
such notice, and the lien of such municipality shall  not  be
valid  as to any mortgagee, judgment creditor or other lienor
whose rights in and to such real estate arise  prior  to  the
filing  of  such notice. Upon payment of the cost and expense
by the owner of or persons interested in such 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. An action to foreclose this lien  shall  be
commenced  within  2 years after the date of filing notice of
    This amendatory  Act  of  1973  does  not  apply  to  any
municipality which is a home rule unit.
(Source: P.A. 83-358.)

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