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| [ Senate Amendment 002 ] |
91_SB0844sam001
LRB9103737MWpram
1 AMENDMENT TO SENATE BILL 844
2 AMENDMENT NO. . Amend Senate Bill 844 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Municipal Code is amended by
5 changing Section 11-31-1 as follows:
6 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
7 Sec. 11-31-1. Demolition, repair, enclosure, or
8 remediation.
9 (a) The corporate authorities of each municipality may
10 demolish, repair, or enclose or cause the demolition, repair,
11 or enclosure of dangerous and unsafe buildings or uncompleted
12 and abandoned buildings within the territory of the
13 municipality and may remove or cause the removal of garbage,
14 debris, and other hazardous, noxious, or unhealthy substances
15 or materials from those buildings. In any county having
16 adopted by referendum or otherwise a county health department
17 as provided by Division 5-25 of the Counties Code or its
18 predecessor, the county board of that county may exercise
19 those powers with regard to dangerous and unsafe buildings or
20 uncompleted and abandoned buildings within the territory of
21 any city, village, or incorporated town having less than
22 50,000 population.
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1 The corporate authorities shall apply to the circuit
2 court of the county in which the building is located (i) for
3 an order authorizing action to be taken with respect to a
4 building if the owner or owners of the building, including
5 the lien holders of record, after at least 15 days' written
6 notice by mail so to do, have failed to put the building in a
7 safe condition or to demolish it or (ii) for an order
8 requiring the owner or owners of record to demolish, repair,
9 or enclose the building or to remove garbage, debris, and
10 other hazardous, noxious, or unhealthy substances or
11 materials from the building. It is not a defense to the
12 cause of action that the building is boarded up or otherwise
13 enclosed, although the court may order the defendant to have
14 the building boarded up or otherwise enclosed. Where, upon
15 diligent search, the identity or whereabouts of the owner or
16 owners of the building, including the lien holders of record,
17 is not ascertainable, notice mailed to the person or persons
18 in whose name the real estate was last assessed is sufficient
19 notice under this Section.
20 The hearing upon the application to the circuit court
21 shall be expedited by the court and shall be given precedence
22 over all other suits. Any person entitled to bring an action
23 under subsection (b) shall have the right to intervene in an
24 action brought under this Section.
25 The cost of the demolition, repair, enclosure, or removal
26 incurred by the municipality, by an intervenor, or by a lien
27 holder of record, including court costs, attorney's fees, and
28 other costs related to the enforcement of this Section, is
29 recoverable from the owner or owners of the real estate or
30 the previous owner or both if the property was transferred
31 during the 15 day notice period and is a lien on the real
32 estate; the lien is superior to all prior existing liens and
33 encumbrances, except taxes, if, within 180 days after the
34 repair, demolition, enclosure, or removal, the municipality,
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1 the lien holder of record, or the intervenor who incurred the
2 cost and expense shall file a notice of lien for the cost and
3 expense incurred in the office of the recorder in the county
4 in which the real estate is located or in the office of the
5 registrar of titles of the county if the real estate affected
6 is registered under the Registered Titles (Torrens) Act.
7 The notice must consist of a sworn statement setting out
8 (1) a description of the real estate sufficient for its
9 identification, (2) the amount of money representing the cost
10 and expense incurred, and (3) the date or dates when the cost
11 and expense was incurred by the municipality, the lien holder
12 of record, or the intervenor. Upon payment of the cost and
13 expense by the owner of or persons interested in the property
14 after the notice of lien has been filed, the lien shall be
15 released by the municipality, the person in whose name the
16 lien has been filed, or the assignee of the lien, and the
17 release may be filed of record as in the case of filing
18 notice of lien. Unless the lien is enforced under subsection
19 (c), the lien may be enforced by foreclosure proceedings as
20 in the case of mortgage foreclosures under Article XV of the
21 Code of Civil Procedure or mechanics' lien foreclosures. An
22 action to foreclose this lien may be commenced at any time
23 after the date of filing of the notice of lien. The costs of
24 foreclosure incurred by the municipality, including court
25 costs, reasonable attorney's fees, advances to preserve the
26 property, and other costs related to the enforcement of this
27 subsection, plus statutory interest, are a lien on the real
28 estate and are recoverable by the municipality from the owner
29 or owners of the real estate.
30 All liens arising under this subsection (a) shall be
31 assignable. The assignee of the lien shall have the same
32 power to enforce the lien as the assigning party, except that
33 the lien may not be enforced under subsection (c).
34 If the appropriate official of any municipality
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1 determines that any dangerous and unsafe building or
2 uncompleted and abandoned building within its territory
3 fulfills the requirements for an action by the municipality
4 under the Abandoned Housing Rehabilitation Act, the
5 municipality may petition under that Act in a proceeding
6 brought under this subsection.
7 (b) Any owner or tenant of real property within 1200
8 feet in any direction of any dangerous or unsafe building
9 located within the territory of a municipality with a
10 population of 500,000 or more may file with the appropriate
11 municipal authority a request that the municipality apply to
12 the circuit court of the county in which the building is
13 located for an order permitting the demolition, removal of
14 garbage, debris, and other noxious or unhealthy substances
15 and materials from, or repair or enclosure of the building in
16 the manner prescribed in subsection (a) of this Section. If
17 the municipality fails to institute an action in circuit
18 court within 90 days after the filing of the request, the
19 owner or tenant of real property within 1200 feet in any
20 direction of the building may institute an action in circuit
21 court seeking an order compelling the owner or owners of
22 record to demolish, remove garbage, debris, and other noxious
23 or unhealthy substances and materials from, repair or enclose
24 or to cause to be demolished, have garbage, debris, and other
25 noxious or unhealthy substances and materials removed from,
26 repaired, or enclosed the building in question. A private
27 owner or tenant who institutes an action under the preceding
28 sentence shall not be required to pay any fee to the clerk of
29 the circuit court. The cost of repair, removal, demolition,
30 or enclosure shall be borne by the owner or owners of record
31 of the building. In the event the owner or owners of record
32 fail to demolish, remove garbage, debris, and other noxious
33 or unhealthy substances and materials from, repair, or
34 enclose the building within 90 days of the date the court
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1 entered its order, the owner or tenant who instituted the
2 action may request that the court join the municipality as a
3 party to the action. The court may order the municipality to
4 demolish, remove materials from, repair, or enclose the
5 building, or cause that action to be taken upon the request
6 of any owner or tenant who instituted the action or upon the
7 municipality's request. The municipality may file, and the
8 court may approve, a plan for rehabilitating the building in
9 question. A court order authorizing the municipality to
10 demolish, remove materials from, repair, or enclose a
11 building, or cause that action to be taken, shall not
12 preclude the court from adjudging the owner or owners of
13 record of the building in contempt of court due to the
14 failure to comply with the order to demolish, remove garbage,
15 debris, and other noxious or unhealthy substances and
16 materials from, repair, or enclose the building.
17 If a municipality or a person or persons other than the
18 owner or owners of record pay the cost of demolition, removal
19 of garbage, debris, and other noxious or unhealthy substances
20 and materials, repair, or enclosure pursuant to a court
21 order, the cost, including court costs, attorney's fees, and
22 other costs related to the enforcement of this subsection, is
23 recoverable from the owner or owners of the real estate and
24 is a lien on the real estate; the lien is superior to all
25 prior existing liens and encumbrances, except taxes, if,
26 within 180 days after the repair, removal, demolition, or
27 enclosure, the municipality or the person or persons who paid
28 the costs of demolition, removal, repair, or enclosure shall
29 file a notice of lien of the cost and expense incurred in the
30 office of the recorder in the county in which the real estate
31 is located or in the office of the registrar of the county if
32 the real estate affected is registered under the Registered
33 Titles (Torrens) Act. The notice shall be in a form as is
34 provided in subsection (a). An owner or tenant who
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1 institutes an action in circuit court seeking an order to
2 compel the owner or owners of record to demolish, remove
3 materials from, repair, or enclose any dangerous or unsafe
4 building, or to cause that action to be taken under this
5 subsection may recover court costs and reasonable attorney's
6 fees for instituting the action from the owner or owners of
7 record of the building. Upon payment of the costs and
8 expenses by the owner of or a person interested in the
9 property after the notice of lien has been filed, the lien
10 shall be released by the municipality or the person in whose
11 name the lien has been filed or his or her assignee, and the
12 release may be filed of record as in the case of filing a
13 notice of lien. Unless the lien is enforced under subsection
14 (c), the lien may be enforced by foreclosure proceedings as
15 in the case of mortgage foreclosures under Article XV of the
16 Code of Civil Procedure or mechanics' lien foreclosures. An
17 action to foreclose this lien may be commenced at any time
18 after the date of filing of the notice of lien. The costs of
19 foreclosure incurred by the municipality, including court
20 costs, reasonable attorneys' fees, advances to preserve the
21 property, and other costs related to the enforcement of this
22 subsection, plus statutory interest, are a lien on the real
23 estate and are recoverable by the municipality from the owner
24 or owners of the real estate.
25 All liens arising under the terms of this subsection (b)
26 shall be assignable. The assignee of the lien shall have the
27 same power to enforce the lien as the assigning party, except
28 that the lien may not be enforced under subsection (c).
29 (c) In any case where a municipality has obtained a lien
30 under subsection (a), (b), or (f), the municipality may
31 enforce the lien under this subsection (c) in the same
32 proceeding in which the lien is authorized.
33 A municipality desiring to enforce a lien under this
34 subsection (c) shall petition the court to retain
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1 jurisdiction for foreclosure proceedings under this
2 subsection. Notice of the petition shall be served, by
3 certified or registered mail, on all persons who were served
4 notice under subsection (a), (b), or (f). The court shall
5 conduct a hearing on the petition not less than 15 days after
6 the notice is served. If the court determines that the
7 requirements of this subsection (c) have been satisfied, it
8 shall grant the petition and retain jurisdiction over the
9 matter until the foreclosure proceeding is completed. The
10 costs of foreclosure incurred by the municipality, including
11 court costs, reasonable attorneys' fees, advances to preserve
12 the property, and other costs related to the enforcement of
13 this subsection, plus statutory interest, are a lien on the
14 real estate and are recoverable by the municipality from the
15 owner or owners of the real estate. If the court denies the
16 petition, the municipality may enforce the lien in a separate
17 action as provided in subsection (a), (b), or (f).
18 All persons designated in Section 15-1501 of the Code of
19 Civil Procedure as necessary parties in a mortgage
20 foreclosure action shall be joined as parties before issuance
21 of an order of foreclosure. Persons designated in Section
22 15-1501 of the Code of Civil Procedure as permissible parties
23 may also be joined as parties in the action.
24 The provisions of Article XV of the Code of Civil
25 Procedure applicable to mortgage foreclosures shall apply to
26 the foreclosure of a lien under this subsection (c), except
27 to the extent that those provisions are inconsistent with
28 this subsection. For purposes of foreclosures of liens
29 under this subsection, however, the redemption period
30 described in subsection (b) of Section 15-1603 of the Code of
31 Civil Procedure shall end 60 days after the date of entry of
32 the order of foreclosure.
33 (d) In addition to any other remedy provided by law, the
34 corporate authorities of any municipality may petition the
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1 circuit court to have property declared abandoned under this
2 subsection (d) if:
3 (1) the property has been tax delinquent for 2 or
4 more years or bills for water service for the property
5 have been outstanding for 2 or more years;
6 (2) the property is unoccupied by persons legally
7 in possession; and
8 (3) the property contains a dangerous or unsafe
9 building.
10 All persons having an interest of record in the property,
11 including tax purchasers and beneficial owners of any
12 Illinois land trust having title to the property, shall be
13 named as defendants in the petition and shall be served with
14 process. In addition, service shall be had under Section
15 2-206 of the Code of Civil Procedure as in other cases
16 affecting property.
17 The municipality, however, may proceed under this
18 subsection in a proceeding brought under subsection (a) or
19 (b). Notice of the petition shall be served by certified or
20 registered mail on all persons who were served notice under
21 subsection (a) or (b).
22 If the municipality proves that the conditions described
23 in this subsection exist and the owner of record of the
24 property does not enter an appearance in the action, or, if
25 title to the property is held by an Illinois land trust, if
26 neither the owner of record nor the owner of the beneficial
27 interest of the trust enters an appearance, the court shall
28 declare the property abandoned.
29 If that determination is made, notice shall be sent by
30 certified or registered mail to all persons having an
31 interest of record in the property, including tax purchasers
32 and beneficial owners of any Illinois land trust having title
33 to the property, stating that title to the property will be
34 transferred to the municipality unless, within 30 days of the
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1 notice, the owner of record enters an appearance in the
2 action, or unless any other person having an interest in the
3 property files with the court a request to demolish the
4 dangerous or unsafe building or to put the building in safe
5 condition.
6 If the owner of record enters an appearance in the action
7 within the 30 day period, the court shall vacate its order
8 declaring the property abandoned. In that case, the
9 municipality may amend its complaint in order to initiate
10 proceedings under subsection (a).
11 If a request to demolish or repair the building is filed
12 within the 30 day period, the court shall grant permission to
13 the requesting party to demolish the building within 30 days
14 or to restore the building to safe condition within 60 days
15 after the request is granted. An extension of that period
16 for up to 60 additional days may be given for good cause. If
17 more than one person with an interest in the property files a
18 timely request, preference shall be given to the person with
19 the lien or other interest of the highest priority.
20 If the requesting party proves to the court that the
21 building has been demolished or put in a safe condition
22 within the period of time granted by the court, the court
23 shall issue a quitclaim judicial deed for the property to the
24 requesting party, conveying only the interest of the owner of
25 record, upon proof of payment to the municipality of all
26 costs incurred by the municipality in connection with the
27 action, including but not limited to court costs, attorney's
28 fees, administrative costs, the costs, if any, associated
29 with building enclosure or removal, and receiver's
30 certificates. The interest in the property so conveyed shall
31 be subject to all liens and encumbrances on the property. In
32 addition, if the interest is conveyed to a person holding a
33 certificate of purchase for the property under the Property
34 Tax Code, the conveyance shall be subject to the rights of
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1 redemption of all persons entitled to redeem under that Act,
2 including the original owner of record.
3 If no person with an interest in the property files a
4 timely request or if the requesting party fails to demolish
5 the building or put the building in safe condition within the
6 time specified by the court, the municipality may petition
7 the court to issue a judicial deed for the property to the
8 municipality. A conveyance by judicial deed shall operate to
9 extinguish all existing ownership interests in, liens on, and
10 other interest in the property, including tax liens.
11 (e) Each municipality may use the provisions of this
12 subsection to expedite the removal of certain buildings that
13 are a continuing hazard to the community in which they are
14 located.
15 If a residential or commercial building is 3 stories or
16 less in height as defined by the municipality's building
17 code, and the corporate official designated to be in charge
18 of enforcing the municipality's building code determines that
19 the building is open and vacant and an immediate and
20 continuing hazard to the community in which the building is
21 located, then the official shall be authorized to post a
22 notice not less than 2 feet by 2 feet in size on the front of
23 the building. The notice shall be dated as of the date of
24 the posting and shall state that unless the building is
25 demolished, repaired, or enclosed, and unless any garbage,
26 debris, and other hazardous, noxious, or unhealthy substances
27 or materials are removed so that an immediate and continuing
28 hazard to the community no longer exists, then the building
29 may be demolished, repaired, or enclosed, or any garbage,
30 debris, and other hazardous, noxious, or unhealthy substances
31 or materials may be removed, by the municipality.
32 Not later than 30 days following the posting of the
33 notice, the municipality shall do both of the following:
34 (1) Cause to be sent, by certified mail, return
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1 receipt requested, a notice to all owners of record of
2 the property, the beneficial owners of any Illinois land
3 trust having title to the property, and all lienholders
4 of record in the property, stating the intent of the
5 municipality to demolish, repair, or enclose the building
6 or remove any garbage, debris, or other hazardous,
7 noxious, or unhealthy substances or materials if that
8 action is not taken by the owner or owners.
9 (2) Cause to be published, in a newspaper published
10 or circulated in the municipality where the building is
11 located, a notice setting forth (i) the permanent tax
12 index number and the address of the building, (ii) a
13 statement that the property is open and vacant and
14 constitutes an immediate and continuing hazard to the
15 community, and (iii) a statement that the municipality
16 intends to demolish, repair, or enclose the building or
17 remove any garbage, debris, or other hazardous, noxious,
18 or unhealthy substances or materials if the owner or
19 owners or lienholders of record fail to do so. This
20 notice shall be published for 3 consecutive days.
21 A person objecting to the proposed actions of the
22 corporate authorities may file his or her objection in an
23 appropriate form in a court of competent jurisdiction.
24 If the building is not demolished, repaired, or enclosed,
25 or the garbage, debris, or other hazardous, noxious, or
26 unhealthy substances or materials are not removed, within 30
27 days of mailing the notice to the owners of record, the
28 beneficial owners of any Illinois land trust having title to
29 the property, and all lienholders of record in the property,
30 or within 30 days of the last day of publication of the
31 notice, whichever is later, the corporate authorities shall
32 have the power to demolish, repair, or enclose the building
33 or to remove any garbage, debris, or other hazardous,
34 noxious, or unhealthy substances or materials.
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1 The municipality may proceed to demolish, repair, or
2 enclose a building or remove any garbage, debris, or other
3 hazardous, noxious, or unhealthy substances or materials
4 under this subsection within a 120-day period following the
5 date of the mailing of the notice if the appropriate official
6 determines that the demolition, repair, enclosure, or removal
7 of any garbage, debris, or other hazardous, noxious, or
8 unhealthy substances or materials is necessary to remedy the
9 immediate and continuing hazard. If, however, before the
10 municipality proceeds with any of the actions authorized by
11 this subsection, any person has sought a hearing under this
12 subsection before a court and has served a copy of the
13 complaint on the chief executive officer of the municipality,
14 then the municipality shall not proceed with the demolition,
15 repair, enclosure, or removal of garbage, debris, or other
16 substances until the court determines that that action is
17 necessary to remedy the hazard and issues an order
18 authorizing the municipality to do so.
19 Following the demolition, repair, or enclosure of a
20 building, or the removal of garbage, debris, or other
21 hazardous, noxious, or unhealthy substances or materials
22 under this subsection, the municipality may file a notice of
23 lien against the real estate for the cost of the demolition,
24 repair, enclosure, or removal within 180 days after the
25 repair, demolition, enclosure, or removal occurred, for the
26 cost and expense incurred, in the office of the recorder in
27 the county in which the real estate is located or in the
28 office of the registrar of titles of the county if the real
29 estate affected is registered under the Registered Titles
30 (Torrens) Act. The notice of lien shall consist of a sworn
31 statement setting forth (i) a description of the real estate,
32 such as the address or other description of the property,
33 sufficient for its identification; (ii) the expenses incurred
34 by the municipality in undertaking the remedial actions
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1 authorized under this subsection; (iii) the date or dates the
2 expenses were incurred by the municipality; (iv) a statement
3 by the corporate official responsible for enforcing the
4 building code that the building was open and vacant and
5 constituted an immediate and continuing hazard to the
6 community; (v) a statement by the corporate official that the
7 required sign was posted on the building, that notice was
8 sent by certified mail to the owners of record, and that
9 notice was published in accordance with this subsection; and
10 (vi) a statement as to when and where the notice was
11 published. The lien authorized by this subsection may
12 thereafter be released or enforced by the municipality as
13 provided in subsection (a).
14 (f) The corporate authorities of each municipality may
15 remove or cause the removal of, or otherwise environmentally
16 remediate hazardous substances and petroleum products on, in,
17 or under any abandoned and unsafe property within the
18 territory of a municipality. In addition, where preliminary
19 evidence indicates the presence or likely presence of a
20 hazardous substance or a petroleum product or a release or a
21 substantial threat of a release of a hazardous substance or a
22 petroleum product on, in, or under the property, the
23 corporate authorities of the municipality may inspect the
24 property and test for the presence or release of hazardous
25 substances and petroleum products. In any county having
26 adopted by referendum or otherwise a county health department
27 as provided by Division 5-25 of the Counties Code or its
28 predecessor, the county board of that county may exercise the
29 above-described powers with regard to property within the
30 territory of any city, village, or incorporated town having
31 less than 50,000 population.
32 For purposes of this subsection (f):
33 (1) "property" or "real estate" means all real
34 property, whether or not improved by a structure;
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1 (2) "abandoned" means;
2 (A) the property has been tax delinquent for 2
3 or more years;
4 (B) the property is unoccupied by persons
5 legally in possession; and
6 (3) "unsafe" means property that presents an actual
7 or imminent threat to public health and safety caused by
8 the release of hazardous substances; and
9 (4) "hazardous substances" means the same as in
10 Section 3.14 of the Environmental Protection Act.
11 The corporate authorities shall apply to the circuit
12 court of the county in which the property is located (i) for
13 an order allowing the municipality to enter the property and
14 inspect and test substances on, in, or under the property; or
15 (ii) for an order authorizing the corporate authorities to
16 take action with respect to remediation of the property if
17 conditions on the property, based on the inspection and
18 testing authorized in paragraph (i), indicate the presence of
19 hazardous substances or petroleum products. Remediation
20 shall be deemed complete for purposes of paragraph (ii) above
21 when the property satisfies Tier I, II, or III remediation
22 objectives for the property's most recent usage, as
23 established by the Environmental Protection Act, and the
24 rules and regulations promulgated thereunder. Where, upon
25 diligent search, the identity or whereabouts of the owner or
26 owners of the property, including the lien holders of record,
27 is not ascertainable, notice mailed to the person or persons
28 in whose name the real estate was last assessed is sufficient
29 notice under this Section.
30 The court shall grant an order authorizing testing under
31 paragraph (i) above upon a showing of preliminary evidence
32 indicating the presence or likely presence of a hazardous
33 substance or a petroleum product or a release of or a
34 substantial threat of a release of a hazardous substance or a
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1 petroleum product on, in, or under abandoned property. The
2 preliminary evidence may include, but is not limited to,
3 evidence of prior use, visual site inspection, or records of
4 prior environmental investigations. The testing authorized
5 by paragraph (i) above shall include any type of
6 investigation which is necessary for an environmental
7 professional to determine the environmental condition of the
8 property, including but not limited to performance of soil
9 borings and groundwater monitoring. The court shall grant a
10 remediation order under paragraph (ii) above where testing of
11 the property indicates that it fails to meet the applicable
12 remediation objectives. The hearing upon the application to
13 the circuit court shall be expedited by the court and shall
14 be given precedence over all other suits.
15 The cost of the inspection, testing, or remediation
16 incurred by the municipality or by a lien holder of record,
17 including court costs, attorney's fees, and other costs
18 related to the enforcement of this Section, is a lien on the
19 real estate; except that in any instances where a
20 municipality incurs costs of inspection and testing but finds
21 no hazardous substances or petroleum products on the property
22 that present an actual or imminent threat to public health
23 and safety, such costs are not recoverable from the owners
24 nor are such costs a lien on the real estate. The lien is
25 superior to all prior existing liens and encumbrances, except
26 taxes and any lien obtained under subsection (a) or (e), if,
27 within 180 days after the completion of the inspection,
28 testing, or remediation, the municipality or the lien holder
29 of record who incurred the cost and expense shall file a
30 notice of lien for the cost and expense incurred in the
31 office of the recorder in the county in which the real estate
32 is located or in the office of the registrar of titles of the
33 county if the real estate affected is registered under the
34 Registered Titles (Torrens) Act.
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1 The notice must consist of a sworn statement setting out
2 (i) a description of the real estate sufficient for its
3 identification, (ii) the amount of money representing the
4 cost and expense incurred, and (iii) the date or dates when
5 the cost and expense was incurred by the municipality or the
6 lien holder of record. Upon payment of the lien amount by
7 the owner of or persons interested in the property after the
8 notice of lien has been filed, a release of lien shall be
9 issued by the municipality, the person in whose name the lien
10 has been filed, or the assignee of the lien, and the release
11 may be filed of record as in the case of filing notice of
12 lien.
13 The lien may be enforced under subsection (c) or by
14 foreclosure proceedings as in the case of mortgage
15 foreclosures under Article XV of the Code of Civil Procedure
16 or mechanics' lien foreclosures; provided that where the lien
17 is enforced by foreclosure under subsection (c) or under
18 either statute, the municipality may not proceed against the
19 other assets of the owner or owners of the real estate for
20 any costs that otherwise would be recoverable under this
21 Section but that remain unsatisfied after foreclosure except
22 where such additional recovery is authorized by separate
23 environmental laws. An action to foreclose this lien may be
24 commenced at any time after the date of filing of the notice
25 of lien. The costs of foreclosure incurred by the
26 municipality, including court costs, reasonable attorney's
27 fees, advances to preserve the property, and other costs
28 related to the enforcement of this subsection, plus statutory
29 interest, are a lien on the real estate.
30 All liens arising under this subsection (f) shall be
31 assignable. The assignee of the lien shall have the same
32 power to enforce the lien as the assigning party, except that
33 the lien may not be enforced under subsection (c).
34 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
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1 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised
2 9-16-98.)".