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Public Act 095-0931 |
SB2677 Enrolled |
LRB095 05539 HLH 25629 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Sections 7-1-13, 10-2.1-6, 10-2.1-14, and 11-31-1 as |
follows:
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(65 ILCS 5/7-1-13) (from Ch. 24, par. 7-1-13)
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Sec. 7-1-13. Annexation. |
(a) Whenever any unincorporated territory containing 60
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acres or less, is wholly bounded by (a) one or more |
municipalities, (b)
one or more municipalities and a creek in a |
county with a population of
400,000 or more, or one or more |
municipalities and a river or lake in any
county, (c) one or |
more municipalities and the Illinois State
boundary, (d) one or |
more municipalities and property owned by the
State of |
Illinois, except highway right-of-way owned in fee by the |
State,
(e) one or more municipalities and a forest preserve |
district or park district, or
(f) if the territory is a |
triangular parcel of less than 10 acres, one or
more |
municipalities and an interstate highway owned in fee by the |
State and
bounded by a frontage road, that territory may be |
annexed
by any municipality by which it is bounded in whole or |
in part,
by the passage of an ordinance to that effect after |
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notice is given as
provided in subsection (b) of this Section. |
The corporate authorities shall cause notice,
stating that |
annexation of the territory described in the notice is
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contemplated under this Section, to be published once, in a |
newspaper of
general circulation within the territory to be |
annexed, not less than 10
days before the passage of the |
annexation ordinance. When the
territory to be annexed lies |
wholly or partially within a township other
than that township |
where the municipality is situated, the annexing
municipality |
shall give at least 10 days prior written notice of the time
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and place of the passage of the annexation ordinance to the |
township
supervisor of the township where the territory to be |
annexed lies. The
ordinance shall describe the territory |
annexed and a copy thereof together
with an accurate map of the |
annexed territory shall be recorded in the
office of the |
recorder of the county wherein the annexed territory is
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situated and a document of annexation shall be filed with the |
county clerk
and County Election Authority. Nothing in this |
Section shall be construed
as permitting a municipality to |
annex territory of a forest preserve
district in a county with |
a population of 3,000,000 or more without
obtaining the consent |
of the district pursuant to Section 8.3 of the
Cook County |
Forest Preserve District Act nor shall anything in this Section |
be construed as permitting a municipality to annex territory |
owned by a park district without obtaining the consent of the |
district pursuant to Section 8-1.1 of the Park District Code.
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(b) The corporate authorities shall cause notice, stating |
that annexation of the territory described in the notice is |
contemplated under this Section, to be published once, in a |
newspaper of general circulation within the territory to be |
annexed, not less than 10 days before the passage of the |
annexation ordinance. The corporate authorities shall also, |
not less than 15 days before the passage of the annexation |
ordinance, serve written notice, either in person or, at a |
minimum, by certified mail, on the taxpayer of record of the |
proposed annexed territory as appears from the authentic tax |
records of the county. When the territory to be annexed lies |
wholly or partially within a township other than the township |
where the municipality is situated, the annexing municipality |
shall give at least 10 days prior written notice of the time
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and place of the passage of the annexation ordinance to the |
township
supervisor of the township where the territory to be |
annexed lies. |
(c) When notice is given as described in subsection (b) of |
this Section, no other municipality may annex the proposed |
territory for a period of 60 days from the date the notice is |
mailed or delivered to the taxpayer of record unless that other |
municipality has initiated annexation proceedings or a valid |
petition as described in Section 7-1-2, 7-1-8, 7-1-11 or 7-1-12 |
of this Code has been received by the municipality prior to the |
publication and mailing of the notices required in subsection |
(b). |
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(Source: P.A. 94-396, eff. 8-1-05.)
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(65 ILCS 5/10-2.1-6) (from Ch. 24, par. 10-2.1-6)
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Sec. 10-2.1-6. Examination of applicants; |
disqualifications.
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(a) All applicants for a position in either the fire or |
police department
of the municipality shall be under 35 years |
of age, shall be subject to an
examination that shall be |
public, competitive, and open to all applicants
(unless the |
council or board of trustees by ordinance limit applicants to
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electors of the municipality, county, state or nation) and |
shall be subject to
reasonable limitations as to residence, |
health, habits, and moral character.
The municipality may not |
charge or collect any fee from an applicant who has
met all |
prequalification standards established by the municipality for |
any such
position.
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(b) Residency requirements in effect at the time an |
individual enters the
fire or police service of a municipality |
(other than a municipality that
has more than 1,000,000 |
inhabitants) cannot be made more restrictive for
that |
individual during his period of service for that municipality, |
or be
made a condition of promotion, except for the rank or |
position of Fire or
Police Chief.
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(c) No person with a record of misdemeanor convictions |
except those
under Sections 11-6, 11-7, 11-9, 11-14, 11-15, |
11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, |
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24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
31-6, 31-7, 32-1, 32-2, |
32-3, 32-4, 32-8, and subsections (1), (6) and (8) of
Section |
24-1 of the Criminal Code of 1961 or arrested for any cause but |
not
convicted on that cause shall be disqualified from taking |
the examination to
qualify for a position in the fire |
department on grounds of habits or moral
character.
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(d) The age limitation in subsection (a) does not apply (i) |
to any person
previously employed as a policeman or fireman in |
a regularly constituted police
or fire department of (I) any |
municipality, regardless of whether the municipality is |
located in Illinois or in another state, or (II) a fire |
protection district
whose obligations were assumed by a |
municipality under Section 21 of the Fire
Protection District |
Act, (ii) to any person who has served a municipality as a
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regularly enrolled volunteer fireman for 5 years immediately |
preceding the time
that municipality begins to use full time |
firemen to provide all or part of its
fire protection service, |
or (iii) to any person who has served as an auxiliary police |
officer under Section 3.1-30-20 for at least 5 years and is |
under 40 years of
age, (iv) to any person who has served as a |
deputy under Section 3-6008 of
the Counties Code and otherwise |
meets necessary training requirements, or (v) to any person who |
has served as a sworn officer as a member of the Illinois |
Department of State Police.
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(e) Applicants who are 20 years of age and who have |
successfully completed 2
years of law enforcement studies at an |
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accredited college or university may be
considered for |
appointment to active duty with the police department. An
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applicant described in this subsection (e) who is appointed to |
active duty
shall not have power of arrest, nor shall the |
applicant be permitted to carry
firearms, until he or she |
reaches 21 years of age.
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(f) Applicants who are 18 years of age and who have |
successfully
completed 2 years of study in fire techniques, |
amounting to a total of 4
high school credits, within the cadet |
program of a municipality may be
considered for appointment to |
active duty with the fire department of any
municipality.
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(g) The council or board of trustees may by ordinance |
provide
that persons residing outside the municipality are |
eligible to take the
examination.
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(h) The examinations shall be practical in character and |
relate to
those matters that will fairly test the capacity of |
the persons examined
to discharge the duties of the positions |
to which they seek appointment. No
person shall be appointed to |
the police or fire department if he or she does
not possess a |
high school diploma or an equivalent high school education.
A |
board of fire and police commissioners may, by its rules, |
require police
applicants to have obtained an associate's |
degree or a bachelor's degree as a
prerequisite for employment. |
The
examinations shall include tests of physical |
qualifications and health. A board of fire and police |
commissioners may, by its rules, waive portions of the required |
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examination for police applicants who have previously been |
full-time sworn officers of a regular police department in any |
municipal, county, university, or State law enforcement |
agency, provided they are certified by the Illinois Law |
Enforcement Training Standards Board and have been with their |
respective law enforcement agency within the State for at least |
2 years. No
person shall be appointed to the police or fire |
department if he or she has
suffered the amputation of any limb |
unless the applicant's duties will be only
clerical or as a |
radio operator. No applicant shall be examined concerning his
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or her political or religious opinions or affiliations. The |
examinations shall
be conducted by the board of fire and police |
commissioners of the municipality
as provided in this Division |
2.1.
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(i) No person who is classified by his local selective |
service draft board
as a conscientious objector, or who has |
ever been so classified, may be
appointed to the police |
department.
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(j) No person shall be appointed to the police or fire |
department unless he
or she is a person of good character and |
not an habitual drunkard, gambler, or
a person who has been |
convicted of a felony or a crime involving moral
turpitude. No |
person, however, shall be disqualified from appointment to the
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fire department because of his or her record of misdemeanor |
convictions except
those under Sections 11-6, 11-7, 11-9, |
11-14, 11-15, 11-17, 11-18, 11-19, 12-2,
12-6, 12-15, 14-4, |
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16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
31-7, |
32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6) and (8) |
of Section
24-1 of the Criminal Code of 1961 or arrest for any |
cause without conviction on
that cause. Any such person who is |
in the department may be removed on charges
brought and after a |
trial as provided in this Division 2.1.
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(Source: P.A. 94-29, eff. 6-14-05; 94-984, eff. 6-30-06; |
95-165, eff. 1-1-08.)
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(65 ILCS 5/10-2.1-14) (from Ch. 24, par. 10-2.1-14)
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Sec. 10-2.1-14. Register of eligibles. The board of fire |
and police
commissioners shall prepare and keep a register of |
persons whose general
average standing, upon examination, is |
not less than the minimum fixed by the
rules of the board, and |
who are otherwise eligible. These persons shall take
rank upon |
the register as candidates in the order of their relative |
excellence
as determined by examination, without reference to |
priority of time of
examination.
The board of fire and police |
commissioners may prepare and keep a second register of persons |
who have previously been full-time sworn officers of a regular |
police department in any municipal, county, university, or |
State law enforcement agency, provided they are certified by |
the Illinois Law Enforcement Training Standards Board and have |
been with their respective law enforcement agency within the |
State for at least 2 years. The persons on this list shall take |
rank upon the register as candidates in the order of their |
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relative excellence as determined by members of the board of |
fire and police commissioners. Applicants who have been awarded |
a certificate attesting to their successful
completion of the |
Minimum Standards Basic Law Enforcement Training Course, as
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provided in the Illinois Police Training Act, may be given |
preference in
appointment over noncertified applicants. |
Applicants for appointment to fire departments who are licensed |
as an EMT-B, EMT-I, or EMT-P under the Emergency Medical |
Services (EMS) Systems Act, may be given preference in |
appointment over non-licensed applicants.
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Within 60 days after each examination, an eligibility list
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shall be posted by the board, which shall show the final grades |
of
the candidates without reference to priority of time of |
examination
and subject to claim for military credit. |
Candidates who are
eligible for military credit shall make a |
claim in writing within 10 days after
the posting of the |
eligibility list or such claim shall be deemed waived.
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Appointment shall be subject to a final physical examination.
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If a person is placed on an eligibility list and becomes |
overage before he
or she is appointed to a police or fire |
department, the person remains eligible
for appointment until |
the list is abolished pursuant to authorized procedures.
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Otherwise no person who has attained the age of 36 years shall |
be inducted as a
member of a police department and no person |
who has attained the age of 35
years shall be inducted as a |
member of a fire department, except as otherwise
provided in |
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this division.
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(Source: P.A. 94-281, eff. 1-1-06.)
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(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
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Sec. 11-31-1. Demolition, repair, enclosure, or |
remediation.
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(a) The corporate authorities of each municipality may |
demolish, repair,
or enclose or cause the demolition, repair, |
or enclosure of
dangerous and unsafe buildings or uncompleted |
and abandoned buildings
within the territory of the |
municipality and may remove or cause the
removal of garbage, |
debris, and other hazardous, noxious, or unhealthy
substances |
or materials from those buildings. In any county
having adopted |
by referendum or otherwise a county health department as
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provided by Division 5-25 of the Counties Code or its |
predecessor, the
county board of that county may exercise those |
powers with regard to
dangerous and unsafe buildings or |
uncompleted and abandoned buildings
within the territory of any |
city, village, or incorporated town having less
than 50,000 |
population.
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The corporate authorities shall apply to the circuit court |
of the county
in which the building is located (i) for an order |
authorizing action to
be taken with respect to a building if |
the owner or owners of the building,
including the lien holders |
of record, after at least 15 days' written
notice by mail so to |
do, have failed to put the building in a safe
condition or to |
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demolish it or (ii) for an order requiring the owner or
owners |
of record to demolish, repair, or enclose the building or to |
remove
garbage, debris, and other hazardous, noxious, or |
unhealthy substances or
materials from the building. It is not |
a defense to the cause of action
that the building is boarded |
up or otherwise enclosed, although the court
may order the |
defendant to have the building boarded up or otherwise
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enclosed. Where, upon diligent search, the identity or |
whereabouts of the
owner or owners of the building, including |
the lien holders of record,
is not ascertainable, notice mailed |
to the person or persons in whose name
the real estate was last |
assessed is sufficient notice under this Section.
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The hearing upon the application to the circuit court shall |
be expedited
by the court and shall be given precedence over |
all other suits.
Any person entitled to bring an action under |
subsection (b) shall have
the right to intervene in an action |
brought under this Section.
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The cost of the demolition, repair, enclosure, or removal |
incurred by
the municipality, by an intervenor, or by a lien |
holder of record,
including court costs, attorney's fees, and |
other costs related to the
enforcement of this Section, is |
recoverable from the owner or owners of
the real estate or the |
previous owner or both if the property was transferred
during |
the 15 day notice period and is a lien on the real estate; the |
lien is
superior to all prior existing liens and encumbrances, |
except taxes, if, within
180 days after the repair, demolition, |
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enclosure, or removal, the municipality,
the lien holder of |
record, or the intervenor who incurred the cost and expense
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shall file a notice of lien for the cost and expense incurred |
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 the county if the real estate affected is
registered under |
the Registered Titles (Torrens) Act.
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The notice must consist of a sworn statement setting out |
(1) a
description of the real estate sufficient for its |
identification, (2)
the amount of money representing the cost |
and expense incurred, and (3) the
date or dates when the cost |
and expense was incurred by the municipality,
the lien holder |
of record, or the intervenor. Upon payment of the cost and
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expense by the owner of or persons interested in the property |
after the
notice of lien has been filed, the lien shall be |
released by the
municipality, the person in whose name the lien |
has been filed, or the
assignee of the lien, and the release |
may be filed of record as in the case
of filing notice of lien. |
Unless the lien is enforced under subsection (c),
the lien may |
be enforced by foreclosure proceedings as in the case of
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mortgage foreclosures under Article XV of the Code of Civil |
Procedure or
mechanics' lien foreclosures. An action to |
foreclose this lien
may be commenced at any time after the date |
of filing of the notice of
lien. The costs of foreclosure |
incurred by the municipality, including
court costs, |
reasonable attorney's fees, advances to preserve the property,
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and other costs related to the enforcement of this subsection, |
plus
statutory interest, are a lien on the real estate and are |
recoverable by
the municipality from the owner or owners of the |
real estate.
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All liens arising under this subsection (a) shall be |
assignable.
The assignee of the lien shall have the same power |
to enforce the lien
as the assigning party, except that the |
lien may not be
enforced under subsection (c).
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If the appropriate official of any municipality determines |
that any
dangerous and unsafe building or uncompleted and |
abandoned building within
its territory fulfills the |
requirements for an action by the municipality
under the |
Abandoned Housing Rehabilitation Act, the municipality may
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petition under that Act in a proceeding brought under this |
subsection.
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(b) Any owner or tenant of real property within 1200 feet |
in any
direction of any dangerous or unsafe building located |
within the territory
of a municipality with a population of |
500,000 or more may file with the
appropriate municipal |
authority a request that the municipality apply to
the circuit |
court of the county in which the building is located for an
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order permitting the demolition, removal of garbage, debris, |
and other
noxious or unhealthy substances and materials from, |
or repair or enclosure of
the building in the manner prescribed |
in subsection (a) of this Section.
If the municipality fails to |
institute an action in circuit court within 90
days after the |
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filing of the request, the owner or tenant of real property
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within 1200 feet in any direction of the building may institute |
an action
in circuit court seeking an order compelling the |
owner or owners of record
to demolish, remove garbage, debris, |
and other noxious or unhealthy
substances and materials from, |
repair or enclose or to cause to be
demolished, have garbage, |
debris, and other noxious or unhealthy substances
and materials |
removed from, repaired, or enclosed the building in question.
A |
private owner or tenant who institutes an action under the |
preceding sentence
shall not be required to pay any fee to the |
clerk of the circuit court.
The cost of repair, removal, |
demolition, or enclosure shall be borne by
the owner or owners |
of record of the building. In the event the owner or
owners of |
record fail to demolish, remove garbage, debris, and other |
noxious
or unhealthy substances and materials from, repair, or |
enclose the building
within 90 days of the date the court |
entered its order, the owner or tenant
who instituted the |
action may request that the court join the municipality
as a |
party to the action. The court may order the municipality to |
demolish,
remove materials from, repair, or enclose the |
building, or cause that action to
be taken upon the request of |
any owner or tenant who instituted the action or
upon the |
municipality's request. The municipality may file, and the |
court may
approve, a plan for rehabilitating the building in |
question. A court order
authorizing the municipality to |
demolish, remove materials from, repair, or
enclose a building, |
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or cause that action to be taken, shall not preclude the
court |
from adjudging the owner or owners of record of the building in |
contempt
of court due to the failure to comply with the order |
to demolish, remove
garbage, debris, and other noxious or |
unhealthy substances and materials from,
repair, or enclose the |
building.
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If a municipality or a person or persons other than the |
owner or
owners of record pay the cost of demolition, removal |
of garbage, debris, and
other noxious or unhealthy substances |
and materials, repair, or enclosure
pursuant to a court order, |
the cost, including court costs, attorney's fees,
and other |
costs related to the enforcement of this subsection, is
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recoverable from the owner or owners of the real estate and is |
a lien
on the real estate; the lien is superior to all prior |
existing liens and
encumbrances, except taxes, if, within 180 |
days after the
repair, removal, demolition, or enclosure, the |
municipality or the person or
persons who paid the costs of |
demolition, removal, repair, or enclosure
shall file a notice |
of lien of the cost and expense incurred in the office
of the |
recorder in the county in which the real estate is located or |
in the
office of the registrar of the county if the real estate |
affected is
registered under the Registered Titles (Torrens) |
Act. The notice shall be
in a form as is provided in subsection |
(a). An owner or tenant who
institutes an action in circuit |
court seeking an order to compel the owner
or owners of record |
to demolish, remove materials from, repair, or enclose any
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dangerous or unsafe building, or to cause that action to be |
taken under this
subsection may recover court costs and |
reasonable attorney's fees for
instituting the action from the |
owner or owners of record of the building.
Upon payment of the |
costs and expenses by the owner of or a person
interested in |
the property after the notice of lien has been filed, the
lien |
shall be released by the municipality or the person in whose |
name the
lien has been filed or his or her assignee, and the |
release may be filed of
record as in the case of filing a |
notice of lien. Unless the lien is
enforced under subsection |
(c), the lien may be enforced by foreclosure
proceedings as in |
the case of mortgage foreclosures under Article XV of the
Code |
of Civil Procedure or mechanics' lien foreclosures. An action |
to
foreclose this lien may be commenced at any time after the |
date of filing
of the notice of lien. The costs of foreclosure |
incurred by the
municipality, including court costs, |
reasonable attorneys' fees, advances
to preserve the property, |
and other costs related to the enforcement of
this subsection, |
plus statutory interest, are a lien on the real estate
and are |
recoverable by the municipality from the owner or owners of the
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real estate.
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All liens arising under the terms of this subsection (b) |
shall be
assignable. The assignee of the lien shall have the |
same power to
enforce the lien as the assigning party, except |
that the lien may not be
enforced under subsection (c).
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(c) In any case where a municipality has obtained a lien |
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under
subsection (a), (b), or (f), the municipality may enforce |
the
lien
under
this subsection (c) in the same proceeding in |
which the lien is authorized.
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A municipality desiring to enforce a lien under this |
subsection (c) shall
petition the court to retain jurisdiction |
for foreclosure proceedings under
this subsection. Notice of |
the petition shall be served, by certified or
registered mail, |
on all persons who were served notice under subsection
(a), |
(b), or (f). The court shall conduct a hearing on the petition |
not
less than 15
days after the notice is served. If the court |
determines that the
requirements of this subsection (c) have |
been satisfied, it shall grant the
petition and retain |
jurisdiction over the matter until the foreclosure
proceeding |
is completed. The costs of foreclosure incurred by the
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municipality, including court costs, reasonable attorneys' |
fees, advances
to preserve the property, and other costs |
related to the enforcement of
this subsection, plus statutory |
interest, are a lien on the real estate and
are recoverable by |
the municipality from the owner or owners of the real
estate. |
If the court denies the petition, the municipality may enforce |
the
lien in a separate action as provided in subsection (a), |
(b), or
(f).
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All persons designated in Section 15-1501 of the Code of |
Civil Procedure
as necessary parties in a mortgage foreclosure |
action shall be joined as
parties before issuance of an order |
of foreclosure. Persons designated
in Section 15-1501 of the |
|
Code of Civil Procedure as permissible parties
may also be |
joined as parties in the action.
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The provisions of Article XV of the Code of Civil Procedure |
applicable to
mortgage foreclosures shall apply to the |
foreclosure of a lien under
this subsection (c), except to the |
extent that those provisions are
inconsistent with this |
subsection. For purposes of foreclosures
of liens under this |
subsection, however, the redemption period described in
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subsection (b) of Section 15-1603 of the Code of Civil |
Procedure shall end
60 days after the date of entry of the |
order of foreclosure.
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(d) In addition to any other remedy provided by law, the |
corporate
authorities of any municipality may petition the |
circuit court to have
property declared abandoned under this |
subsection (d) if:
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(1) the property has been tax delinquent for 2 or more |
years or bills
for water service for the property have been |
outstanding for 2 or more years;
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(2) the property is unoccupied by persons legally in |
possession; and
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(3) the property contains a dangerous or unsafe |
building for reasons specified in the petition .
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All persons having an interest of record in the property, |
including tax
purchasers and beneficial owners of any Illinois |
land trust having title to
the property, shall be named as |
defendants in the petition and shall be
served with process. In |
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addition, service shall be had under Section
2-206 of the Code |
of Civil Procedure as in other cases affecting property.
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The municipality, however, may proceed under this |
subsection in a
proceeding brought under subsection (a) or (b). |
Notice of the petition
shall be served in person or by |
certified or registered mail on all persons who were
served |
notice under subsection (a) or (b).
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If the municipality proves that the conditions described in |
this
subsection exist and (i) the owner of record of the |
property does not enter
an appearance in the action, or, if |
title to the property is held by an
Illinois land trust, if |
neither the owner of record nor the owner of the
beneficial |
interest of the trust enters an appearance, or (ii) if the |
owner of record or the beneficiary of a land trust, if title to |
the property is held by an Illinois land trust, enters an |
appearance and specifically waives his or her rights under this |
subsection (d), the court
shall declare the property abandoned. |
Notwithstanding any waiver, the municipality may move to |
dismiss its petition at any time. In addition, any waiver in a |
proceeding under this subsection (d) does not serve as a waiver |
for any other proceeding under law or equity.
|
If that determination is made, notice shall be sent in |
person or by certified or
registered mail to all persons having |
an interest of record in the
property, including tax purchasers |
and beneficial owners of any Illinois
land trust having title |
to the property, stating that title to the
property will be |
|
transferred to the municipality unless, within 30 days of
the |
notice, the owner of record or enters an appearance in the |
action, or
unless any other person having an interest in the |
property files with the
court a request to demolish the |
dangerous or unsafe building or to put the
building in safe |
condition , or unless the owner of record enters an appearance |
and proves that the owner does not intend to abandon the |
property .
|
If the owner of record enters an appearance in the action |
within the 30
day period, but does not at that time file with |
the court a request to demolish the dangerous or unsafe |
building or to put the building in safe condition, or |
specifically waive his or her rights under this subsection (d), |
the court shall vacate its order declaring the property
|
abandoned if it determines that the owner of record does not |
intend to abandon the property . In that case, the municipality |
may amend its complaint in order
to initiate proceedings under |
subsection (a) , or it may request that the court order the |
owner to demolish the building or repair the dangerous or |
unsafe conditions of the building alleged in the petition or |
seek the appointment of a receiver or other equitable relief to |
correct the conditions at the property. The powers and rights |
of a receiver appointed under this subsection (d) shall include |
all of the powers and rights of a receiver appointed under |
Section 11-31-2 of this Code .
|
If a request to demolish or repair the building is filed |
|
within the 30
day period, the court shall grant permission to |
the requesting party to
demolish the building within 30 days or |
to restore the building to safe
condition within 60 days after |
the request is granted. An extension of
that period for up to |
60 additional days may be given for good cause. If
more than |
one person with an interest in the property files a timely
|
request, preference shall be given to the owner of record if |
the owner filed a request or, if the owner did not, the person |
with the lien or other
interest of the highest priority.
|
If the requesting party (other than the owner of record) |
proves to the court that the building has been
demolished or |
put in a safe condition in accordance with the local safety |
codes within the period of time granted by
the court, the court |
shall issue a quitclaim judicial deed for the
property to the |
requesting party, conveying only the interest of the owner
of |
record, upon proof of payment to the municipality of all costs |
incurred
by the municipality in connection with the action, |
including but not
limited to court costs, attorney's fees, |
administrative costs, the
costs, if any, associated with |
building enclosure or removal, and receiver's
certificates. |
The interest in the property so conveyed shall be subject to
|
all liens and encumbrances on the property. In addition, if the |
interest is
conveyed to a person holding a certificate of |
purchase for the property
under the Property Tax Code, the |
conveyance shall
be subject to the rights of redemption of all |
persons entitled to redeem under
that Act, including the |
|
original owner of record. If the requesting party is the owner |
of record and proves to the court that the building has been |
demolished or put in a safe condition in accordance with the |
local safety codes within the period of time granted by the |
court, the court shall dismiss the proceeding under this |
subsection (d).
|
If the owner of record has not entered an appearance and |
proven that the owner did not intend to abandon the property, |
and if If no person with an interest in the property files a |
timely request or
if the requesting party fails to demolish the |
building or put the building
in safe condition within the time |
specified by the court, the municipality
may petition the court |
to issue a judicial deed for the property to the
municipality. |
A conveyance by judicial deed shall operate to extinguish
all |
existing ownership interests in, liens on, and other interest |
in the
property, including tax liens, and shall extinguish the |
rights and
interests of any and all holders of a bona fide |
certificate of purchase of the
property for delinquent taxes. |
Any such bona fide certificate of purchase
holder shall be
|
entitled to a sale in error as prescribed under Section 21-310 |
of the Property
Tax Code.
|
(e) Each municipality may use the provisions of this |
subsection to expedite
the removal
of certain buildings that |
are a continuing hazard to the community in which
they are |
located.
|
If a residential or commercial building is 3 stories or |
|
less in height as
defined by the
municipality's building code, |
and the corporate official designated to be
in charge of |
enforcing the municipality's building code determines that the
|
building is open and vacant and an immediate and continuing |
hazard to the
community in which the building is located, then |
the official shall be
authorized to post a notice not less than |
2 feet by 2 feet in size on the
front of the building. The |
notice shall be dated as of the date of the
posting and shall |
state that unless the building is demolished, repaired,
or |
enclosed, and unless any garbage, debris, and other hazardous, |
noxious,
or unhealthy substances or materials are removed so |
that an immediate and
continuing hazard to the community no |
longer exists, then the building may
be demolished, repaired, |
or enclosed, or any garbage, debris, and other
hazardous, |
noxious, or unhealthy substances or materials may be removed, |
by
the municipality.
|
Not later than 30 days following the posting of the notice, |
the
municipality shall do all of the following:
|
(1) Cause to be sent, by certified mail, return receipt |
requested,
a Notice to Remediate to all owners of
record of |
the property, the beneficial owners of any Illinois land |
trust
having title to the property, and all lienholders of |
record in the property,
stating the intent of the |
municipality to demolish,
repair, or enclose the building |
or remove any garbage, debris, or other
hazardous, noxious, |
or unhealthy substances or materials if that action is
not |
|
taken by the owner or owners.
|
(2) Cause to be published, in a newspaper published or |
circulated in the
municipality where the building is |
located, a notice setting forth (i)
the permanent tax index |
number and the address of the building, (ii) a
statement |
that the property is open and vacant and constitutes an |
immediate and
continuing hazard to the community, and (iii) |
a statement that the municipality
intends to demolish, |
repair, or enclose the building or remove any garbage,
|
debris, or other hazardous, noxious, or unhealthy |
substances or materials if
the owner or owners or |
lienholders of record fail to do so. This notice shall
be |
published for 3 consecutive days.
|
(3) Cause to be recorded the Notice to Remediate mailed |
under paragraph
(1) 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 the county if the real estate |
is
registered under the
Registered Title (Torrens) Act.
|
Any person or persons with a current legal or equitable |
interest in the
property objecting to the proposed actions of |
the corporate authorities may
file his or her objection in an |
appropriate form in a court of competent
jurisdiction.
|
If the building is not demolished, repaired, or enclosed, |
or the garbage,
debris, or other hazardous, noxious, or |
unhealthy substances or materials are
not removed, within 30 |
days of mailing the notice to the owners of record,
the |
|
beneficial owners of any Illinois land trust having title to |
the
property, and all lienholders of record in the property, or
|
within 30 days of the last day of publication of the notice, |
whichever is
later, the corporate authorities shall have the |
power to demolish, repair, or
enclose the building or to remove |
any garbage, debris, or other hazardous,
noxious, or unhealthy |
substances or materials.
|
The municipality may proceed to demolish, repair, or |
enclose a building
or remove any garbage, debris, or other |
hazardous, noxious, or unhealthy
substances or materials under |
this subsection within a 120-day period
following the date of |
the mailing of the notice if the appropriate official
|
determines that the demolition, repair, enclosure, or removal |
of any garbage,
debris, or other hazardous, noxious, or |
unhealthy substances or materials is
necessary to remedy the |
immediate and continuing hazard. If, however, before
the |
municipality proceeds with any of the actions authorized by |
this
subsection, any person with a legal or equitable interest |
in the property has
sought a hearing under this subsection |
before a
court and has served a copy of the complaint on the |
chief executive officer of
the municipality, then the |
municipality shall not proceed with the demolition,
repair, |
enclosure, or removal of garbage, debris, or other substances |
until the
court determines that that action is necessary to |
remedy the hazard and issues
an order authorizing the |
municipality to do so.
If the court dismisses the action for |
|
want of prosecution, the municipality
must send the objector a |
copy of the dismissal
order and a letter stating that the |
demolition, repair, enclosure, or
removal of garbage, debris, |
or other substances will proceed unless, within 30
days after |
the copy of the order and the letter are mailed, the
objector
|
moves to vacate the dismissal and serves a
copy of the
motion |
on the chief executive officer of the municipality. |
Notwithstanding
any other law to the contrary, if the objector |
does not file a motion and give
the required notice, if the |
motion is denied by the court, or if the action is
again |
dismissed for want of prosecution, then the dismissal is with |
prejudice
and the demolition, repair, enclosure, or removal may |
proceed forthwith.
|
Following the demolition, repair, or enclosure of a |
building, or the
removal of garbage, debris, or other |
hazardous, noxious, or unhealthy
substances or materials under |
this subsection, the municipality may file a
notice of lien |
against the real estate for the cost of the demolition,
repair, |
enclosure, or removal within 180 days after the repair, |
demolition,
enclosure, or removal occurred, for the cost and |
expense incurred, 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 the county if the real estate
affected |
is registered under the Registered Titles (Torrens) Act; this
|
lien has priority over the interests of those parties named in |
the
Notice to
Remediate mailed under paragraph (1), but not |
|
over the interests of third party
purchasers
or encumbrancers |
for value who obtained their interests in the property before
|
obtaining
actual or constructive notice of the lien.
The
notice |
of lien shall consist of a sworn statement setting forth (i) a
|
description of the real estate, such as the address or other |
description of
the property, sufficient for its |
identification; (ii) the expenses incurred
by the municipality |
in undertaking the remedial actions authorized under
this |
subsection; (iii) the date or dates the expenses were incurred |
by
the municipality; (iv) a statement by the corporate official
|
responsible for enforcing the building code that the building |
was open and
vacant and constituted an immediate and continuing |
hazard
to the community; (v) a statement by the corporate |
official that the
required sign was posted on the building, |
that notice was sent by certified
mail to the owners of record, |
and that notice was published in accordance
with this |
subsection; and (vi) a statement as to when and where the |
notice
was published. The lien authorized by this subsection |
may thereafter be
released or enforced by the municipality as |
provided in subsection (a).
|
(f) The corporate authorities of each municipality may |
remove or cause the
removal of, or otherwise environmentally |
remediate hazardous substances and
petroleum products on, in,
|
or under any abandoned and unsafe property within the territory |
of a
municipality. In addition, where preliminary evidence |
indicates the presence
or likely presence of a hazardous |
|
substance or a petroleum product or a release
or a substantial
|
threat of a release of a hazardous substance or a petroleum |
product on, in, or
under the property, the
corporate |
authorities of the municipality may inspect the property and |
test for
the presence or release of hazardous substances and |
petroleum products. In any
county having adopted
by referendum |
or otherwise a county health department as provided by Division
|
5-25 of the Counties Code or its predecessor, the county board |
of that county
may exercise the above-described powers with |
regard to property within the
territory of any city, village, |
or incorporated town having less than 50,000
population.
|
For purposes of this subsection (f):
|
(1) "property" or "real estate" means all real |
property, whether or
not improved by a structure;
|
(2) "abandoned" means;
|
(A) the property has been tax delinquent for 2 or |
more years;
|
(B) the property is unoccupied by persons legally |
in possession; and
|
(3) "unsafe" means property that presents an actual or |
imminent
threat to public health and safety caused by
the |
release of hazardous substances; and
|
(4) "hazardous substances" means the same as in Section |
3.215 of the
Environmental Protection Act.
|
The corporate authorities shall apply to the circuit court |
of the county in
which the property is located (i) for an order |
|
allowing the municipality to
enter the property and inspect and |
test substances on, in, or under
the property; or (ii) for an |
order authorizing the
corporate authorities to take action with |
respect to remediation of the
property if conditions on the |
property, based on the inspection and testing
authorized in |
paragraph (i), indicate the presence of hazardous substances or
|
petroleum products.
Remediation shall be deemed
complete for |
purposes of
paragraph (ii) above when the property satisfies |
Tier
I,
II, or
III
remediation objectives for the property's |
most recent usage, as established by
the Environmental |
Protection Act, and the rules and regulations promulgated
|
thereunder. Where, upon diligent search, the identity or |
whereabouts of the
owner or owners of the property, including |
the lien holders of record, is not
ascertainable, notice mailed |
to the person or persons in whose name the real
estate was last |
assessed is sufficient notice under this Section.
|
The court shall grant an order authorizing testing under |
paragraph (i) above
upon a
showing of preliminary evidence |
indicating the presence or likely presence of a
hazardous |
substance or a petroleum product or a release of
or a |
substantial threat of a release of a hazardous substance or a |
petroleum
product on, in, or under
abandoned property. The |
preliminary evidence may include, but is not limited
to, |
evidence of prior use, visual site inspection, or records of |
prior
environmental investigations. The testing authorized by |
paragraph (i) above
shall include any type of investigation |
|
which is necessary for an environmental
professional to |
determine the environmental condition of the property,
|
including but not limited to performance of soil borings and |
groundwater
monitoring. The court shall grant a remediation |
order under paragraph (ii)
above where testing of the property |
indicates that it fails to meet the
applicable remediation |
objectives. The hearing upon the application to the
circuit |
court shall be expedited by the court and shall be given |
precedence
over
all other suits.
|
The cost of the inspection, testing, or remediation |
incurred by the
municipality or by a lien holder of record, |
including court costs, attorney's
fees, and other costs related |
to the enforcement of this Section,
is a lien on the real |
estate; except that in any instances where a
municipality
|
incurs costs
of inspection and testing but finds no hazardous |
substances or petroleum
products on the property
that present |
an actual or imminent
threat to public health and safety, such |
costs are not recoverable from the
owners nor are such costs a |
lien on the real estate. The lien is superior to
all prior |
existing liens and encumbrances, except taxes and any lien |
obtained
under subsection (a) or (e), if, within 180 days after |
the completion of the
inspection, testing, or remediation, the |
municipality or the lien holder of
record who
incurred the cost |
and expense shall file a notice of lien for the cost and
|
expense incurred 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 the county if
the real estate affected |
is registered under the Registered Titles (Torrens)
Act.
|
The notice must consist of a sworn statement setting out |
(i) a description of
the real estate sufficient for its |
identification, (ii) the amount of money
representing the cost |
and expense incurred, and (iii) the date or dates when
the
cost |
and expense was incurred by the municipality or the lien holder |
of record.
Upon payment of the lien amount by the owner of or |
persons interested in the
property after the notice of lien has |
been filed, a release of lien shall be
issued by the |
municipality, the person in whose name the lien has been filed,
|
or the assignee of the lien, and the release may be filed of |
record as in the
case of filing notice of lien.
|
The lien may be enforced under subsection (c) or by |
foreclosure proceedings
as
in the case of mortgage foreclosures |
under Article XV of the Code of Civil
Procedure or mechanics' |
lien foreclosures; provided that where the lien is
enforced by |
foreclosure under subsection (c) or under either statute, the
|
municipality may
not proceed against the other assets of the |
owner or owners of the real estate
for any costs that otherwise |
would be recoverable under this Section but that
remain |
unsatisfied after foreclosure except where such additional |
recovery is
authorized by separate environmental laws. An |
action to foreclose this lien
may be commenced at any time |
after the date of filing of the notice of lien.
The costs of |
foreclosure incurred by the municipality, including court |
|
costs,
reasonable attorney's fees, advances to preserve the |
property, and other costs
related to the enforcement of this |
subsection, plus statutory interest, are a
lien on the real |
estate.
|
All liens arising under this subsection (f) shall be |
assignable. The
assignee of the lien shall have the same power |
to enforce the lien as the
assigning party, except that the |
lien may not be enforced under subsection
(c).
|
(g) In any case where a municipality has obtained a lien |
under subsection
(a), the municipality may also bring an action |
for a money judgment against the
owner or owners of the real |
estate in the amount of the lien in the same manner
as provided |
for bringing causes of action in Article II of the Code of |
Civil
Procedure and, upon obtaining a judgment, file a judgment |
lien against all of
the real estate of the owner or owners and |
enforce that lien as provided for in
Article XII of the Code of |
Civil Procedure.
|
(Source: P.A. 95-331, eff. 8-21-07.)
|