97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3391

 

Introduced 2/24/2011, by Rep. Dan Brady

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-20-15

    Amends the Illinois Municipal Code. Makes a technical change in a Section concerning liens for removal costs.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 11-20-15 as follows:
 
6    (65 ILCS 5/11-20-15)
7    Sec. 11-20-15. Lien for removal costs.
8    (a) If the municipality incurs a a removal cost under
9Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to
10any underlying parcel, then that cost is a lien upon that
11underlying parcel. This lien is superior to all other liens and
12encumbrances, except tax liens and as otherwise provided in
13subsection (c) of this Section.
14    (b) To perfect a lien under this Section, the municipality
15must, within one year after the removal cost is incurred, file
16notice of lien in the office of the recorder in the county in
17which the underlying parcel is located or, if the underlying
18parcel is registered under the Torrens system, in the office of
19the Registrar of Titles of that county. The notice must consist
20of a sworn statement setting out:
21        (1) a description of the underlying parcel that
22    sufficiently identifies the parcel;
23        (2) the amount of the removal cost; and

 

 

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1        (3) the date or dates when the removal cost was
2    incurred by the municipality.
3    If, for any one parcel, the municipality engaged in any
4removal activity on more than one occasion during the course of
5one year, then the municipality may combine any or all of the
6costs of each of those activities into a single notice of lien.
7    (c) A lien under this Section is not valid as to: (i) any
8purchaser whose rights in and to the underlying parcel arose
9after the removal activity but before the filing of the notice
10of lien; or (ii) any mortgagee, judgment creditor, or other
11lienor whose rights in and to the underlying parcel arose
12before the filing of the notice of lien.
13    (d) The removal cost is not a lien on the underlying parcel
14unless a notice is personally served on, or sent by certified
15mail to, the person to whom was sent the tax bill for the
16general taxes on the property for the taxable year immediately
17preceding the removal activities. The notice must be delivered
18or sent after the removal activities have been performed, and
19it must: (i) state the substance of this Section and the
20substance of any ordinance of the municipality implementing
21this Section; (ii) identify the underlying parcel, by common
22description; and (iii) describe the removal activity.
23    (e) A lien under this Section may be enforced by
24proceedings to foreclose as in case of mortgages or mechanics'
25liens. An action to foreclose a lien under this Section must be
26commenced within 2 years after the date of filing notice of

 

 

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1lien.
2    (f) Any person who performs a removal activity by the
3authority of the municipality may, in his or her own name, file
4a lien and foreclose on that lien in the same manner as a
5municipality under this Section.
6    (g) A failure to file a foreclosure action does not, in any
7way, affect the validity of the lien against the underlying
8parcel.
9    (h) Upon payment of the lien cost by the owner of the
10underlying parcel after notice of lien has been filed, the
11municipality (or its agent under subsection (f)) shall release
12the lien, and the release may be filed of record by the owner
13at his or her sole expense as in the case of filing notice of
14lien.
15    (i) For the purposes of this Section:
16    "Lien cost" means the removal cost and the filing costs for
17any notice of lien under subsection (b).
18    "Removal activity" means any activity for which a removal
19cost was incurred.
20    "Removal cost" means a removal cost as defined under
21Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13.
22    "Underlying parcel" means a parcel of private property upon
23which a removal activity was performed.
24    "Year" means a 365-day period.
25    (j) This Section applies only to liens filed after August
2614, 2009 (the effective date of Public Act 96-462).

 

 

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1    (k) This Section shall not apply to a lien filed pursuant
2to Section 11-20-15.1.
3(Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10;
496-1000, eff. 7-2-10.)