093_HB1251sam002

 










                                     LRB093 04033 MKM 16794 a

 1                    AMENDMENT TO HOUSE BILL 1251

 2        AMENDMENT NO.     .  Amend House Bill 1251,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Illinois Municipal Code  is  amended  by
 6    changing Section 11-20-8 as follows:

 7        (65 ILCS 5/11-20-8) (from Ch. 24, par. 11-20-8)
 8        Sec.  11-20-8.  Pest  extermination; liens. The corporate
 9    authorities  of  each  municipality  may  provide   for   the
10    extermination  of  pests rats in the municipality, and charge
11    to and collect from the owners of and persons  interested  in
12    private   property   the   reasonable  cost  and  expense  of
13    preventing ingress of pests rats to  their  property  and  of
14    pest  rat  extermination therein, after notice to such owners
15    or persons as provided by  ordinance  and  failures  of  such
16    owners  or persons to comply. This cost and expense is a lien
17    upon the real estate affected, superior to all other existing
18    liens and encumbrances, except tax liens if  within  60  days
19    after  such cost and expense is incurred the municipality, or
20    person  performing  the   service   by   authority   of   the
21    municipality, in his or its own name, files notice of lien in
22    the  office  of  the recorder in the county in which the real
 
                            -2-      LRB093 04033 MKM 16794 a
 1    estate is located or in the office of the Registrar of Titles
 2    of such county if the  real  estate  affected  is  registered
 3    under  "An Act concerning land titles", approved May 1, 1897,
 4    as amended. The notice shall consist  of  a  sworn  statement
 5    setting  out  (1) a description of the real estate sufficient
 6    for  identification  thereof,  (2)  the   amount   of   money
 7    representing the cost and expense incurred or payable for the
 8    service, and (3) the date or dates when such cost and expense
 9    was  incurred  by the municipality. However, the lien of such
10    municipality  shall  not  be  valid  as  to  any   purchaser,
11    mortgagee, judgment creditor, or other lienor whose rights in
12    and  to  the  real  estate  arise  subsequent to the pest rat
13    extermination and prior to the filing of the notice  of  such
14    lien  in  the office of the recorder, or in the office of the
15    Registrar of Titles, as aforesaid. Upon payment of  the  cost
16    and  expense  by  the  owner  of or persons interested in the
17    property after notice of lien has been filed, the lien  shall
18    be  released  by the municipality or person in whose name the
19    lien has been filed and the release may be filed of record as
20    in the case of  filing  notice  of  lien.  The  lien  may  be
21    enforced  by proceedings to foreclose as in case of mortgages
22    or mechanics' liens. Actions to foreclose this lien shall  be
23    commenced  within one year after the date of filing notice of
24    lien.
25        "Pests",  as  used  in  this   Section   11-20-8,   means
26    undesirable  arthropods  (including certain insects, spiders,
27    mites,  ticks,  and  related   organisms),   wood   infesting
28    organisms,  rats,  mice,  birds,  and  any other obnoxious or
29    undesirable animals.
30    (Source: P.A. 83-358.)

31        (65 ILCS 5/4-5-13 rep.)
32        Section 10. The Illinois Municipal  Code  is  amended  by
33    repealing Section 4-5-13.
 
                            -3-      LRB093 04033 MKM 16794 a
 1        Section  99.   Effective  date.  This Act takes effect on
 2    January 1, 2004.".