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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB3034
Introduced 2/6/2004, by Kimberly A. Lightford SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/22-35 |
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65 ILCS 5/11-31-1 |
from Ch. 24, par. 11-31-1 |
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Amends the Illinois Municipal Code. Makes various changes authorizing a municipality to take certain remedial measures and to obtain a court order in relation to the publicly-owned property surrounding dangerous and unsafe or uncompleted or abandoned buildings and the property on which those buildings are located. Includes the beneficial owner of an Illinois land trust that is the record owner of such property among those against whom the municipality may obtain or enforce an action for reimbursement of the costs of remedial measures taken by the municipality. Provides that those costs include statutory interest from the date the costs are incurred or the work is completed, whichever is later. Makes various changes concerning the collection and accrual of interest on liens for the costs and expenses of remedial action by the municipality and the process by which the municipality may obtain a court order authorizing the remedial action and requiring that certain parties reimburse the municipality for the costs and expenses of taking that action. Amends the Property Tax Code. Provides that all liens for the costs and expenses of the remedial action are reimbursable municipal advancements and that such liens that are not paid or waived render a tax deed void in a tax proceeding. Makes other changes.
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A BILL FOR
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SB3034 |
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LRB093 20129 MKM 45874 b |
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| AN ACT concerning municipalities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing |
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| Section 22-35 as follows:
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| (35 ILCS 200/22-35)
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| Sec. 22-35. Reimbursement of municipality before issuance |
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| of tax deed.
Except in any proceeding in which the tax |
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| purchaser is a county acting as a
trustee for
taxing districts |
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| as provided in Section 21-90,
an order for the issuance of a |
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| tax deed under this Code shall not be entered
affecting the |
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| title to or interest in any property in which a city, village |
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| or
incorporated town has made advancements of public funds
an |
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| interest under the police and welfare power by
advancements |
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| made from public funds , until the purchaser or assignee makes
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| reimbursement to the city, village or incorporated town of the |
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| amounts
money so
advanced or the city, village, or town waives |
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| its recorded or unrecorded lien on the property for
the amounts
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| money so advanced , or waives reimbursements under this |
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| provision. Municipal advancements are all costs, fees, |
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| expenses, expenditures, internal transfers, interest, and |
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| other charges and applications of public funds incurred by a |
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| municipality for activities that are authorized by a State |
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| statute or conducted under the police and welfare powers of a |
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| municipality under the Illinois Municipal Code . However, In |
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| lieu of reimbursement or waiver, the
purchaser or
his or her
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| assignee may make application for and the court shall order |
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| that the tax
purchase be set aside as a sale in error. A filing |
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| or appearance fee shall not
be required of a city, village or |
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| incorporated town seeking to enforce its
right to reimbursement
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| claim under this Section if the municipality chooses to appear |
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| in a tax deed proceeding. Any tax deed recorded without the |
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LRB093 20129 MKM 45874 b |
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| reimbursement or waiver required under this Section is a void |
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| deed in a tax deed proceeding.
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| (Source: P.A. 93-490, eff. 8-8-03.)
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| Section 10. The Illinois Municipal Code is amended by |
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| changing Section 11-31-1 as follows:
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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 |
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| remediation.
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| (a) The corporate authorities of each municipality may |
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| demolish, repair,
or enclose or cause the demolition, repair, |
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| or enclosure of
dangerous and unsafe buildings or uncompleted |
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| or
and abandoned buildings
or enclose as much of the publicly |
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| owned property surrounding the buildings as is necessary to |
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| protect the public health, safety, and welfare within the |
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| territory of the municipality and may remove or cause the
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| removal of garbage, debris, and other hazardous, noxious, or |
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| unhealthy
substances or materials from those buildings and the |
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| property on which they are located, or from as much of the |
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| publicly owned property surrounding the buildings as is |
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| necessary to protect the public health, safety, and welfare . In |
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| any county
having adopted by referendum or otherwise a county |
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| health department as
provided by Division 5-25 of the Counties |
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| Code or its predecessor, the
county board of that county may |
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| exercise those powers with regard to
dangerous and unsafe |
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| buildings or uncompleted or
and abandoned buildings
and the |
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| property on which they are located, or as much of the publicly |
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| owned property surrounding the buildings as is necessary to |
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| protect the public health, safety, and welfare within the |
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| territory of any city, village, or incorporated town having |
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| less
than 50,000 population.
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| The corporate authorities shall apply to the circuit court |
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| of the county
in which the building is located (i) for an order |
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| authorizing action to
be taken with respect to a building and |
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| the property on which it is located, or as much of the publicly |
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LRB093 20129 MKM 45874 b |
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| owned property surrounding the building as is necessary to |
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| protect the public health, safety, and welfare, if the owner or |
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| owners of the building,
including the lien holders of record |
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| and the beneficial owner of an Illinois land trust that is the |
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| record owner , after at least 15 days' written
notice by mail or |
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| service of summons so to do, have failed to put the building in |
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| a safe
condition or to demolish it or (ii) for an order |
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| requiring the owner or
owners of record or the beneficial owner |
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| of an Illinois land trust that is the record owner to demolish, |
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| repair, or enclose the building or to remove
garbage, debris, |
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| and other hazardous, noxious, or unhealthy substances or
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| materials from the building and the property on which it is |
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| located . It is not a defense to the cause of action
that the |
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| building is boarded up or otherwise enclosed, although the |
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| court
may order the defendant to have the building boarded up |
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| or otherwise
enclosed. Where, upon diligent search, the |
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| identity or whereabouts of the
owner or owners of the building, |
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| including the lien holders of record and the beneficial owner |
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| of an Illinois land trust that is the record owner ,
is not |
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| ascertainable, notice mailed to or service of summons upon the |
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| person or persons in whose name
the real estate was last |
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| assessed is sufficient notice under this subsection
Section .
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| The hearing upon the application to the circuit court shall |
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| be expedited
by the court and shall be given precedence over |
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| all other suits.
Any person entitled to bring an action under |
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| subsection (b) shall have
the right to intervene in an action |
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| brought under this subsection
Section .
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| The cost of the demolition, repair, enclosure, or removal |
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| incurred by
the municipality, by an intervenor, or by a lien |
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| holder of record,
including court costs, attorney's fees, |
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| statutory interest from the date the costs are incurred or the |
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| work is completed, whichever is later, and other costs related |
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| to the
enforcement of this subsection
Section , is recoverable |
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| from the owner or owners and the beneficial owner of an |
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| Illinois land trust that is the record owner of
the real |
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| estate , or from the previous owner and current owner, or both |
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| if the property was transferred
during the 15 day notice period |
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| and is a lien on the real estate .
; The lien is
superior to all |
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| prior existing liens and encumbrances, except taxes, if, within
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| 180 days after the cost are incurred or the work is completed, |
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| whichever is later, repair, demolition, enclosure, or removal, |
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| the municipality,
the lien holder of record, or the intervenor |
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| who incurred the cost and expense
shall file a notice of lien |
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| for the cost and expense incurred in the office of
the recorder |
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| in the county in which the real estate is located .
All liens |
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| arising under this subsection are reimbursable municipal |
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| advancements under Section 25-35 of the Property Tax Code
or in |
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| the office
of the registrar of titles of the county if the real |
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| estate affected is
registered under the Registered Titles |
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| (Torrens) Act .
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| The recorded notice must consist of a sworn statement |
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| setting out (1) a
description of the real estate sufficient for |
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| its identification, (2)
the amount of money representing the |
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| cost and expense incurred, together with the interest rate |
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| payable thereon, and (3) the
date or dates when the cost and |
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| expense was incurred or the work was completed by the |
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| municipality,
the lien holder of record, or the intervenor. |
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| Upon payment of the lien, including the payment of interest as |
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| required under this subsection,
cost and
expense by the owner |
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| of or persons interested in the property after the
notice of |
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| lien has been filed, the lien shall be released by the
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| municipality, the person in whose name the lien has been filed, |
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| or the
assignee of the lien, and the release may be filed of |
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| record as in the case
of filing notice of lien . Unless the lien |
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| is enforced under subsection (c),
the lien may be enforced by |
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| foreclosure proceedings as in the case of
mortgage foreclosures |
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| under Article XV of the Code of Civil Procedure or
mechanics' |
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| lien foreclosures . An action to foreclose a lien arising under |
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| this subsection
this lien
may be commenced at any time after |
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| the date of filing of the notice of
lien. The costs of |
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| foreclosure incurred by the municipality, including
court |
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| costs, reasonable attorney's fees, advances to preserve the |
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LRB093 20129 MKM 45874 b |
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| property,
and other costs related to the enforcement of this |
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| subsection, plus
statutory interest, from the date the costs |
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| were incurred or the work was completed, whichever is later, |
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| are a lien on the real estate and are recoverable by
the |
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| municipality from the owner or owners , the beneficial owner of |
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| an Illinois land trust that is the record owner, and subsequent |
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| owners of the real estate and from any persons otherwise |
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| obligated to satisfy the liens arising under this subsection .
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| All liens arising under this subsection (a) shall be |
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| assignable.
After assignment, the lien shall continue to bear |
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| statutory interest as set forth in this subsection, but shall |
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| cease to be a reimbursable municipal advancement under Section |
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| 22-35 of the Property Tax Code. The assignee of the lien shall |
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| have the same power to enforce the lien
as the assigning party, |
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| except that only a municipality
the lien may enforce the lien
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| not be
enforced under subsection (c).
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| Statutory interest on the statutory liens arising under |
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| this subsection shall be as set forth in Article II of the Code |
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| of Civil Procedure concerning judgement liens. Interest |
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| payable by the holder of a certificate of purchase of |
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| delinquent taxes shall accrue from the later of (i) the date |
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| the costs and expenses are incurred or the work is completed, |
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| whichever is later, or (ii) the date of the tax sale |
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| represented by the certificate of purchase.
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| If the appropriate official of any municipality determines |
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| that any
dangerous and unsafe building or uncompleted or
and |
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| abandoned building within
its territory fulfills the |
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| requirements for an action by the municipality
under the |
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| Abandoned Housing Rehabilitation Act, the municipality may
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| petition under that Act in a proceeding brought under this |
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| subsection.
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| (b) Any owner or tenant of real property within 1200 feet |
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| in any
direction of any dangerous or unsafe building located |
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| within the territory
of a municipality with a population of |
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| 500,000 or more may file with the
appropriate municipal |
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| authority a request that the municipality apply to
the circuit |
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LRB093 20129 MKM 45874 b |
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| court of the county in which the building is located for an
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| order permitting the demolition, removal of garbage, debris, |
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| and other
noxious or unhealthy substances and materials from, |
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| or repair or enclosure of
the building and the property on |
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| which it is located in the manner prescribed in subsection (a) |
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| of this Section.
If the municipality fails to institute an |
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| action in circuit court within 90
days after the filing of the |
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| request, the owner or tenant of real property
within 1200 feet |
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| in any direction of the building may institute an action
in |
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| circuit court seeking an order compelling the owner or owners |
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| of record and the beneficial owner of an Illinois land trust |
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| that is the record owner
to demolish, remove garbage, debris, |
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| and other noxious or unhealthy
substances and materials from, |
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| repair or enclose or to cause to be
demolished, have garbage, |
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| debris, and other noxious or unhealthy substances
and materials |
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| removed from, repaired, or enclosed the building in question |
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| and the property on which it is located .
A private owner or |
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| tenant who institutes an action under the preceding sentence
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| shall not be required to pay any fee to the clerk of the |
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| circuit court.
The cost of repair, removal, demolition, or |
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| enclosure shall be borne by
the owner or owners of record and |
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| the beneficial owners of an Illinois land trust that is the |
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| record owner of the real estate
building . In the event the |
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| owner or
owners of record and the beneficial owner of an |
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| Illinois land trust that is the record owner fail to perform |
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| the court-ordered remedial actions
demolish, remove garbage, |
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| debris, and other noxious
or unhealthy substances and materials |
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| from, repair, or enclose the building
within 90 days of the |
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| date the court entered its order, the owner or tenant
who |
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| instituted the action may request that the court join the |
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| municipality
as a party to the action. The court may authorize
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| order the municipality to demolish,
remove materials from, |
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| repair, or enclose the building and the property on which it is |
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| located or as much of the publicly-owned property surrounding |
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| the building as is necessary to protect the public health, |
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| safety, and welfare , or cause that action to
be taken upon the |
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LRB093 20129 MKM 45874 b |
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| request of any owner or tenant who instituted the action or
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| upon the municipality's request. The municipality may file, and |
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| the court may
approve, a plan for rehabilitating the building |
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| in question. A court order
authorizing the municipality to |
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| demolish, remove materials from, repair, or
enclose a building |
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| and the property on which it is located or as much of the |
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| publicly-owned property surrounding the building as is |
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| necessary to protect the public health, safety and welfare , or |
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| cause that action to be taken, shall not preclude the
court |
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| from adjudging the owner or owners of record and the beneficial |
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| owners of an Illinois land trust that is the record owner of |
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| the property
building in contempt
of court due to the failure |
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| to comply with the order requiring them to perform the |
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| court-ordered remedial actions
to demolish, remove
garbage, |
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| debris, and other noxious or unhealthy substances and materials |
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| from,
repair, or enclose the building .
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| If a municipality or a person or persons other than the |
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| owner or
owners of record and the beneficial owners of an |
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| Illinois land trust that is the record owner pay the cost of |
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| performing the court ordered remedial actions,
demolition, |
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| removal of garbage, debris, and
other noxious or unhealthy |
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| substances and materials, repair, or enclosure
pursuant to a |
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| court order , the cost, including court costs, attorney's fees,
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| statutory interest from the date the costs are incurred or the |
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| work is completed, whichever is later, and other costs related |
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| to the enforcement of this subsection, is
recoverable from the |
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| owner or owners of the real estate and the beneficial owner of |
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| an Illinois land trust that is the record owner, and is a lien
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| on the real estate .
; The lien is superior to all prior |
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| existing liens and
encumbrances, except taxes, if, within 180 |
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| days after performing the court-ordered remedial actions
the
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| repair, removal, demolition, or enclosure , the municipality or |
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| the person or
persons who paid the costs of performing the |
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| court-ordered remedial actions
demolition, removal, repair, or |
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| enclosure
shall file a notice of lien of the cost and expense |
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| incurred in the office
of the recorder in the county in which |
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| the real estate is located or in the
office of the registrar of |
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| the county if the real estate affected is
registered under the |
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| Registered Titles (Torrens) Act . The recorded notice shall be
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| in a form as is provided in subsection (a). An owner or tenant |
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| who
institutes an action in circuit court seeking an order to |
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| compel the owner
or owners of record and the beneficial owners |
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| of an Illinois land trust that is the record owner to demolish, |
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| remove materials from, repair, or enclose any
dangerous or |
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| unsafe building and the property in which it is located , or to |
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| cause that action to be taken under this
subsection may recover |
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| court costs and reasonable attorney's fees for
instituting the |
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| action from the owner or owners of record of the building and |
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| the beneficial owner of Illinois land trust that is the record |
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| owner. Those costs and fees are a lien on the real estate as |
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| set forth in this subsection. All liens arising under this |
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| subsection for costs and expenses incurred by a municipality |
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| are reimbursable municipal advancements under Section 22-35 of |
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| the Property Tax Code .
Upon payment of the lien
costs and |
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| expenses by the owner of or a person
interested in the property |
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| after the notice of lien has been filed, including the payment |
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| of interest as required under this subsection, the
lien shall |
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| be released by the municipality or the person in whose name the
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| lien has been filed or his or her assignee, and the release may |
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| be filed of
record as in the case of filing a notice of lien . |
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| Unless the lien is
enforced by a municipality under subsection |
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| (c), the lien may be enforced by foreclosure
proceedings as in |
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| the case of mortgage foreclosures under Article XV of the
Code |
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| of Civil Procedure or mechanics' lien foreclosures . An action |
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| to
foreclose the
this lien arising under this subsection may be |
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| commenced at any time after the date of filing
of the notice of |
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| lien. The costs of foreclosure incurred by the
municipality or |
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| the owner or tenant who instituted the proceeding under this |
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| subsection , including court costs, reasonable attorneys' fees, |
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| advances
to preserve the property, and other costs related to |
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| the enforcement of
this subsection, plus statutory interest |
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| from the date the costs were incurred or the work was |
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| completed, whichever is later , are a lien on the real estate
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| and are recoverable by the municipality from the owner or |
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| owners , the beneficial owner of an Illinois land trust that is |
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| the record owner, and subsequent owners of the
real estate.
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| All liens arising under the terms of this subsection (b) |
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| shall be
assignable. After assignment, the lien shall continue |
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| to bear statutory interest as set forth in this subsection, but |
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| shall cease to be a reimbursable municipal advancement under |
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| Section 22-35 of the Property Tax Code. The assignee of the |
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| lien shall have the same power to
enforce the lien as the |
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| assigning party, except that only a municipality
the lien may |
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| enforce the lien
not be
enforced under subsection (c).
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| Statutory interest on the statutory liens arising under |
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| this subsection (b) shall be as set forth in Article II of the |
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| Code of Civil Procedure concerning judgement liens. Interest |
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| payable by the holder of a certificate of purchase of |
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| delinquent taxes shall accrue from the later of (i) the date |
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| the costs and expenses are incurred or the is completed, |
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| whichever is later, or (ii) the date of the tax sale |
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| represented by the certificate of purchase.
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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 |
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| the
lien
under
this subsection (c) in the same proceeding in |
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| which the lien is authorized.
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| A municipality desiring to enforce a lien under this |
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| subsection (c) shall
petition the court to retain jurisdiction |
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| for foreclosure proceedings under
this subsection. Notice of |
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| the petition shall be served, by certified or
registered mail, |
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| on all persons who were named as defendants or appeared in the |
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| case
served notice under subsection
(a), (b), or (f). The court |
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| shall conduct a hearing on the petition not
less than 15
days |
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| after the notice required under this subsection is served. If |
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| the court determines that the
requirements of this subsection |
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| (c) have been satisfied, it shall grant the
petition and retain |
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| jurisdiction over the matter until the foreclosure
proceeding |
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| is completed. The costs of foreclosure incurred by the
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| municipality, including court costs, reasonable attorneys' |
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| fees, advances
to preserve the property, and other costs |
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| related to the enforcement of
this subsection, plus statutory |
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| interest ,as set forth in subsections (a), (b), and (f) , are a |
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| lien on the real estate and
are recoverable by the municipality |
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| from the owner or owners , the beneficial owner of an Illinois |
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| land trust that is the record owner, and subsequent owners of |
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| the real
estate and from any persons otherwise obligated to |
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| satisfy the liens arising under subsections (a), (b), or (f) . |
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| If the court denies the petition, the municipality may enforce |
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| the
lien in a separate foreclosure action as provided in |
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| subsection (a), (b), or
(f).
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| All persons designated in Section 15-1501 of the Code of |
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| Civil Procedure
as necessary parties in a mortgage foreclosure |
15 |
| action shall be joined as
parties before issuance of an order |
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| of foreclosure. Persons designated
in Section 15-1501 of the |
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| Code of Civil Procedure as permissible parties
may also be |
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| joined as parties in the action.
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| The provisions of Article XV of the Code of Civil Procedure |
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| applicable to
mortgage foreclosures shall apply to the |
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| foreclosure of a lien under
this subsection (c), except to the |
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| extent that those provisions are
inconsistent with this |
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| subsection. For purposes of foreclosures
of liens under this |
24 |
| subsection, however, the redemption period described in
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| subsection (b) of Section 15-1603 of the Code of Civil |
26 |
| Procedure shall end
60 days after the date of entry of the |
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| order of foreclosure.
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| (d) In addition to any other remedy provided by law, the |
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| corporate
authorities of any municipality may file a complaint |
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| to petition the circuit court to have
property declared |
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| abandoned under this subsection (d) or may file a petition |
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| under this subsection in any proceeding brought under |
33 |
| subsection (a) or (b) if:
|
34 |
| (1) Property taxes have not been paid
the property has |
35 |
| been tax delinquent for 2 or more consecutive years , the |
36 |
| property is subject to one or more certificates of purchase |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| of delinquent property taxes,
or bills
for water service |
2 |
| for the property have been outstanding , or there has been |
3 |
| no active water service to the property for 2 or more |
4 |
| consecutive years;
|
5 |
| (2) the property is unoccupied by persons legally in |
6 |
| possession; and
|
7 |
| (3) the property contains a dangerous or unsafe |
8 |
| building.
|
9 |
| The municipality shall make the petition of abandonment a |
10 |
| matter of public record by filing a lis pendens notice in the |
11 |
| office of the recorder in the county in which the property is |
12 |
| located. |
13 |
| If a municipality files a complaint under this subsection, |
14 |
| all persons having an interest of record in the property, |
15 |
| including tax
purchasers and the beneficial owners of any |
16 |
| Illinois land trust having title to
the property, shall be |
17 |
| named as defendants in the petition and shall be
served with |
18 |
| process. |
19 |
| If a municipality files a petition of abandonment in a |
20 |
| proceeding under subsection (a) or (b), notice of the petition |
21 |
| shall be served by certified or registered mail on all persons |
22 |
| who were served with a summons and a copy of the complaint |
23 |
| under subsection (a) or (b). The holders of certificates of |
24 |
| purchase of delinquent taxes at the time the petition of |
25 |
| abandonment is filed under this subsection or subsections (a) |
26 |
| or (b) shall be named as defendants in the petition and shall |
27 |
| be served with process, pursuant to Section 21-410 of the |
28 |
| Property Tax Code. In addition, service shall be had under |
29 |
| Section
2-206 of the Code of Civil Procedure as in other cases |
30 |
| affecting property.
|
31 |
| The municipality, however, may proceed under this |
32 |
| subsection in a
proceeding brought under subsection (a) or (b). |
33 |
| Notice of the petition
shall be served by certified or |
34 |
| registered mail on all persons who were
served notice under |
35 |
| subsection (a) or (b).
|
36 |
| If the municipality proves that the conditions described in |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| this
subsection exist and the owner of record of the property |
2 |
| or the beneficial owner of an Illinois land trust that is the |
3 |
| record owner does not enter
an appearance in the action, or, if |
4 |
| title to the property is held by an
Illinois land trust, if |
5 |
| neither the owner of record nor the owner of the
beneficial |
6 |
| interest of the trust enters an appearance, the court
shall |
7 |
| declare the property abandoned.
|
8 |
| If that determination is made, notice shall be sent by |
9 |
| certified or
registered mail to all persons who were served |
10 |
| with the abandonment petition
having an interest of record in |
11 |
| the
property, including tax purchasers and beneficial owners of |
12 |
| any Illinois
land trust having title to the property, stating |
13 |
| that title to the
property will be transferred to the |
14 |
| municipality unless, within 30 days of
the notice, the owner of |
15 |
| record , the beneficial owner of an Illinois land trust that is |
16 |
| the record owner, or a receiver appointed under Section 21-410 |
17 |
| of the Property Tax Code enters an appearance in the action, or
|
18 |
| unless any other person having an interest in the property |
19 |
| files with the
court a request to demolish the dangerous or |
20 |
| unsafe building or to put the
building in safe condition.
|
21 |
| If the owner of record , the beneficial owner of an Illinois |
22 |
| land trust that is the record owner, or a receiver appointed |
23 |
| under Section 21-410 of the Property Tax Code enters an |
24 |
| appearance in the action within the 30
day period, the court |
25 |
| shall vacate its order declaring the property
abandoned and
. |
26 |
| In that case, the municipality may amend its complaint in order
|
27 |
| to initiate proceedings under subsection (a) or may continue |
28 |
| the pending case filed under subsection (a) .
|
29 |
| If a request to demolish or repair the building is filed |
30 |
| within the 30
day period, the court shall grant permission to |
31 |
| the requesting party to
demolish the building within 30 days or |
32 |
| to restore the building to safe
condition within 60 days after |
33 |
| the request is granted. An extension of
that period for up to |
34 |
| 60 additional days may be given for good cause. If
more than |
35 |
| one person with an interest in the property files a timely
|
36 |
| request, preference shall be given to the person with the lien |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| or other
interest of the highest priority.
|
2 |
| If the requesting party proves to the court that the |
3 |
| building has been
demolished or put in a safe condition within |
4 |
| the period of time granted by
the court, the court shall issue |
5 |
| a quitclaim judicial deed for the
property to the requesting |
6 |
| party, conveying only the interest of the owner
of record and |
7 |
| the beneficial interest of an Illinois land trust that is the |
8 |
| record owner , upon proof of payment to the municipality of all |
9 |
| costs incurred
by the municipality in connection with the |
10 |
| action, plus statutory interest as set forth in this subsection |
11 |
| including but not
limited to court costs, attorney's fees, |
12 |
| administrative costs, the
costs, if any, associated with the |
13 |
| building enclosure or removal, and receiver's
certificates. |
14 |
| The interest in the property so conveyed by the quitclaim deed |
15 |
| shall be subject to
all liens and encumbrances on the property. |
16 |
| If
In addition, if the interest is
conveyed to a person holding |
17 |
| a certificate of purchase of delinquent taxes for the property
|
18 |
| under the Property Tax Code receives a judicial quitclaim deed |
19 |
| under this subsection , the conveyance shall
be subject to the |
20 |
| rights of redemption of all persons entitled to redeem under
|
21 |
| that Act, including the original owner of record.
|
22 |
| If no person designated in this subsection
with an interest |
23 |
| in the property files a timely request or
if the requesting |
24 |
| party fails to demolish the building or put the building
in |
25 |
| safe condition within the time specified by the court, the |
26 |
| municipality
may petition the court to issue a judicial deed |
27 |
| for the property to the
municipality. A conveyance by judicial |
28 |
| deed to the municipality shall operate to extinguish
all |
29 |
| existing ownership interests in, liens on, and other interest |
30 |
| in the
property, including tax liens, and shall extinguish the |
31 |
| rights and
interests of any and all holders of a bona fide |
32 |
| certificate of purchase of the
property for delinquent taxes. |
33 |
| Any such bona fide certificate of purchase
holder shall be
|
34 |
| entitled to a sale in error as prescribed under Section 21-310 |
35 |
| of the Property
Tax Code.
|
36 |
| Statutory interest on the recovery of the costs and |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| expenses allowed under this subsection shall be set forth in |
2 |
| Article II of the Code of Civil Procedure concerning judgement |
3 |
| liens.
|
4 |
| (e) Each municipality may use the provisions of this |
5 |
| subsection to expedite
the removal
of certain buildings that |
6 |
| are a continuing hazard to the community in which
they are |
7 |
| located.
|
8 |
| If a residential or commercial building is 3 stories or |
9 |
| less in height as
defined by the
municipality's building code, |
10 |
| and the corporate official designated to be
in charge of |
11 |
| enforcing the municipality's building code determines that the
|
12 |
| building is open and vacant and an immediate and continuing |
13 |
| hazard to the
community in which the building is located, then |
14 |
| the official shall be
authorized to post a notice not less than |
15 |
| 2 feet by 2 feet in size on the
front of the building. The |
16 |
| notice shall be dated as of the date of the
posting and shall |
17 |
| state that unless the building is demolished, repaired,
or |
18 |
| enclosed, and unless any garbage, debris, and other hazardous, |
19 |
| noxious,
or unhealthy substances or materials are removed so |
20 |
| that an immediate and
continuing hazard to the community no |
21 |
| longer exists, then the building may
be demolished, repaired, |
22 |
| or enclosed, or any garbage, debris, and other
hazardous, |
23 |
| noxious, or unhealthy substances or materials may be removed, |
24 |
| by
the municipality.
|
25 |
| Not later than 30 days following the posting of the notice, |
26 |
| the
municipality shall do all of the following:
|
27 |
| (1) Cause to be sent, by certified mail, return receipt |
28 |
| requested,
a Notice to Remediate to all owners of
record of |
29 |
| the property, the beneficial owners of any Illinois land |
30 |
| trust
having title to the property, and all lienholders of |
31 |
| record in the property,
stating the intent of the |
32 |
| municipality to demolish,
repair, or enclose the building |
33 |
| or remove any garbage, debris, or other
hazardous, noxious, |
34 |
| or unhealthy substances or materials if that action is
not |
35 |
| taken by the owner or owners.
|
36 |
| (2) Cause to be published, in a newspaper published or |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| circulated in the
municipality where the building is |
2 |
| located, a notice setting forth (i)
the permanent tax index |
3 |
| number and the address of the building, (ii) a
statement |
4 |
| that the property is open and vacant and constitutes an |
5 |
| immediate and
continuing hazard to the community, and (iii) |
6 |
| a statement that the municipality
intends to demolish, |
7 |
| repair, or enclose the building or remove any garbage,
|
8 |
| debris, or other hazardous, noxious, or unhealthy |
9 |
| substances or materials if
the owner or owners or |
10 |
| lienholders of record fail to do so. This notice shall
be |
11 |
| published for 3 consecutive days.
|
12 |
| (3) Cause to be recorded the Notice to Remediate mailed |
13 |
| under paragraph
(1) in
the office of the recorder in the |
14 |
| county in which the real estate is located or
in the
office |
15 |
| of the registrar of titles of the county if the real estate |
16 |
| is
registered under the
Registered Title (Torrens) Act .
|
17 |
| Any person or persons with a current legal or equitable |
18 |
| interest in the
property objecting to the proposed actions of |
19 |
| the corporate authorities may
file his or her objection in an |
20 |
| appropriate form in a court of competent
jurisdiction.
|
21 |
| If the building is not demolished, repaired, or enclosed, |
22 |
| or the garbage,
debris, or other hazardous, noxious, or |
23 |
| unhealthy substances or materials are
not removed, within 30 |
24 |
| days of mailing the notice to the owners of record,
the |
25 |
| beneficial owners of any Illinois land trust having title to |
26 |
| the
property, and all lienholders of record in the property, or
|
27 |
| within 30 days of the last day of publication of the notice, |
28 |
| whichever is
later, the corporate authorities shall have the |
29 |
| power to demolish, repair, or
enclose the building or to remove |
30 |
| any garbage, debris, or other hazardous,
noxious, or unhealthy |
31 |
| substances or materials.
|
32 |
| The municipality may proceed to demolish, repair, or |
33 |
| enclose a building
or remove any garbage, debris, or other |
34 |
| hazardous, noxious, or unhealthy
substances or materials under |
35 |
| this subsection within a 120-day period
following the date of |
36 |
| the mailing of the notice if the appropriate official
|
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| determines that the demolition, repair, enclosure, or removal |
2 |
| of any garbage,
debris, or other hazardous, noxious, or |
3 |
| unhealthy substances or materials is
necessary to remedy the |
4 |
| immediate and continuing hazard. If, however, before
the |
5 |
| municipality proceeds with any of the actions authorized by |
6 |
| this
subsection, any person with a legal or equitable interest |
7 |
| in the property has
sought a hearing under this subsection |
8 |
| before a
court and has served a copy of the complaint on the |
9 |
| chief executive officer of
the municipality, then the |
10 |
| municipality shall not proceed with the demolition,
repair, |
11 |
| enclosure, or removal of garbage, debris, or other substances |
12 |
| until the
court determines that that action is necessary to |
13 |
| remedy the hazard and issues
an order authorizing the |
14 |
| municipality to do so.
If the court dismisses the action for |
15 |
| want of prosecution, the municipality
must send the objector a |
16 |
| copy of the dismissal
order and a letter stating that the |
17 |
| demolition, repair, enclosure, or
removal of garbage, debris, |
18 |
| or other substances will proceed unless, within 30
days after |
19 |
| the copy of the order and the letter are mailed, the
objector
|
20 |
| moves to vacate the dismissal and serves a
copy of the
motion |
21 |
| on the chief executive officer of the municipality. |
22 |
| Notwithstanding
any other law to the contrary, if the objector |
23 |
| does not file a motion and give
the required notice, if the |
24 |
| motion is denied by the court, or if the action is
again |
25 |
| dismissed for want of prosecution, then the dismissal is with |
26 |
| prejudice
and the demolition, repair, enclosure, or removal may |
27 |
| proceed forthwith.
|
28 |
| Following the demolition, repair, or enclosure of a |
29 |
| building, or the
removal of garbage, debris, or other |
30 |
| hazardous, noxious, or unhealthy
substances or materials under |
31 |
| this subsection, the municipality may file a
notice of lien |
32 |
| against the real estate for the cost of the demolition,
repair, |
33 |
| enclosure, or removal within 180 days after the repair, |
34 |
| demolition,
enclosure, or removal occurred, or the work was |
35 |
| completed, whichever is later, for the cost and expense |
36 |
| incurred, in the
office of the recorder in the county in which |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| the real estate is located .
or
in the office of the registrar |
2 |
| of titles of the county if the real estate
affected is |
3 |
| registered under the Registered Titles (Torrens) Act; This
lien |
4 |
| has priority over the interests of those parties named in the
|
5 |
| Notice to
Remediate mailed under paragraph (1) of this |
6 |
| subsection and any party whose interest arose after the |
7 |
| recordation of the notice to remediate required under paragraph |
8 |
| (3) , but not over the interests of third party
purchasers
or |
9 |
| encumbrancers for value who obtained their interests in the |
10 |
| property before
obtaining
actual or constructive notice of the |
11 |
| notice to remediate
lien .
The
recorded notice of lien shall |
12 |
| consist of a sworn statement setting forth (i) a
description of |
13 |
| the real estate, such as the address or other description of
|
14 |
| the property, sufficient for its identification; (ii) the |
15 |
| expenses and costs incurred
by the municipality in undertaking |
16 |
| the remedial actions authorized under
this subsection , |
17 |
| together with the interest rate payable thereon ; (iii) the date |
18 |
| or dates the costs and expenses were incurred by
the |
19 |
| municipality or the date the work was completed, whichever is |
20 |
| later ; (iv) a statement by the corporate official
responsible |
21 |
| for enforcing the building code that the building was open and
|
22 |
| vacant and constituted an immediate and continuing hazard
to |
23 |
| the community; (v) a statement by the corporate official that |
24 |
| the
required sign was posted on the building, that notice was |
25 |
| sent by certified
mail to the owners of record and the |
26 |
| beneficial owner of an Illinois land trust that is the record |
27 |
| owner , and that notice was published in accordance
with this |
28 |
| subsection; and (vi) a statement as to when and where the |
29 |
| notice
was published. The lien arising under
authorized by this |
30 |
| subsection may thereafter be
released or enforced by the |
31 |
| municipality as provided in subsection (a). The lien arising |
32 |
| under this subsection is reimbursable municipal advancement |
33 |
| under Section 22-35 of the Property Tax Code.
|
34 |
| All liens arising under this subsection shall be |
35 |
| assignable. After assignment, the lien shall continue to bear |
36 |
| statutory interest as set forth in this subsection, but shall |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| cease to be reimbursable municipal advancement under Section |
2 |
| 22-35 of the Property Tax Code. The assignee of the lien shall |
3 |
| have the same power to enforce the liens the assigning party, |
4 |
| except that only a municipality may enforce the lien under |
5 |
| subsection (c). |
6 |
| Statutory interest on the statutory lien arising under this |
7 |
| subsection shall be as set forth in Article II of the Code of |
8 |
| Civil Procedure concerning judgement liens. Interest payable |
9 |
| by the holder of a certificate of purchase of delinquent taxes |
10 |
| shall accrue from the later of (i) the date the costs and |
11 |
| expenses are incurred or the work is completes, whichever is |
12 |
| later, or (ii) the date of the tax sale represented by the |
13 |
| certificate of purchase.
|
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 or
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
corporate |
23 |
| authorities of the municipality may inspect the property and |
24 |
| test for
the presence or release of hazardous substances and |
25 |
| petroleum products. In any
county having adopted
by referendum |
26 |
| or otherwise a county health department as provided by Division
|
27 |
| 5-25 of the Counties Code or its predecessor, the county board |
28 |
| of that county
may exercise the above-described powers with |
29 |
| regard to property within the
territory of any city, village, |
30 |
| or incorporated town having less than 50,000
population.
|
31 |
| For purposes of this subsection (f):
|
32 |
| (1) "property" or "real estate" means all real |
33 |
| property, whether or
not improved by a structure;
|
34 |
| (2) "abandoned" means;
|
35 |
| (A) property taxes have not been paid
the property |
36 |
| has been tax delinquent for 2 or more consecutive years |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| or the property is subject to one or more certificates |
2 |
| of purchase of delinquent property taxes ;
|
3 |
| (B) the property is unoccupied by persons legally |
4 |
| in possession; and
|
5 |
| (3) "unsafe" means property that presents an actual or |
6 |
| imminent
threat to public health and safety caused by
the |
7 |
| release of hazardous substances; and
|
8 |
| (4) "hazardous substances" means the same as in Section |
9 |
| 3.215 of the
Environmental Protection Act.
|
10 |
| The corporate authorities shall apply to the circuit court |
11 |
| of the county in
which the property is located (i) for an order |
12 |
| allowing the municipality to
enter the property and inspect and |
13 |
| test substances on, in, or under
the property; or (ii) for an |
14 |
| order authorizing the
corporate authorities to take action with |
15 |
| respect to remediation of the
property if conditions on the |
16 |
| property, based on the inspection and testing
authorized in |
17 |
| paragraph (i), indicate the presence of hazardous substances or
|
18 |
| petroleum products.
Remediation shall be deemed
complete for |
19 |
| purposes of
paragraph (ii) above when the property satisfies |
20 |
| Tier
I,
II, or
III
remediation objectives for the property's |
21 |
| most recent usage, as established by
the Environmental |
22 |
| Protection Act, and the rules and regulations promulgated
|
23 |
| thereunder. Where, upon diligent search, the identity or |
24 |
| whereabouts of the
owner or owners of the property, including |
25 |
| the lien holders of record and the beneficial owner of an |
26 |
| Illinois land trust that is the record owner , is not
|
27 |
| ascertainable, notice mailed to or service of summons upon the |
28 |
| person or persons in whose name the real
estate was last |
29 |
| assessed is sufficient notice under this subsection
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 |
35 |
| petroleum
product on, in, or under
abandoned property. The |
36 |
| preliminary evidence may include, but is not limited
to, |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| evidence of prior use, visual site inspection, or records of |
2 |
| prior
environmental investigations. The testing authorized by |
3 |
| paragraph (i) above
shall include any type of investigation |
4 |
| which is necessary for an environmental
professional to |
5 |
| determine the environmental condition of the property,
|
6 |
| including but not limited to performance of soil borings and |
7 |
| groundwater
monitoring. The court shall grant a remediation |
8 |
| order under paragraph (ii)
above where testing of the property |
9 |
| indicates that it fails to meet the
applicable remediation |
10 |
| objectives. The hearing upon the application to the
circuit |
11 |
| court shall be expedited by the court and shall be given |
12 |
| precedence
over
all other suits.
|
13 |
| The cost of the inspection, testing, or remediation |
14 |
| incurred by the
municipality or by a lien holder of record, |
15 |
| including court costs, attorney's
fees, statutory interest |
16 |
| from the date the work is completed and other costs related to |
17 |
| the enforcement of this subsection
Section ,
is a lien on the |
18 |
| real estate; except that in any instances where a
municipality
|
19 |
| incurs costs
of inspection and testing but finds no hazardous |
20 |
| substances or petroleum
products on the property
that present |
21 |
| an actual or imminent
threat to public health and safety, such |
22 |
| costs are not recoverable from the
owners nor are such costs a |
23 |
| lien on the real estate. The lien is superior to
all prior |
24 |
| existing liens and encumbrances, except taxes and any lien |
25 |
| obtained
under subsection (a) or (e), if, within 180 days after |
26 |
| the completion of the
inspection, testing, or remediation, the |
27 |
| municipality or the lien holder of
record who
incurred the cost |
28 |
| and expense shall file a notice of lien for the cost and
|
29 |
| expense incurred in the office of the recorder in the county in |
30 |
| which the real
estate is located or in the office of the |
31 |
| registrar of titles of the county if
the real estate affected |
32 |
| is registered under the Registered Titles (Torrens)
Act . All |
33 |
| liens arising under this subsection are reimbursable municipal |
34 |
| advancements under Section 22-35 of the Property Tax Code.
|
35 |
| The recorded notice must consist of a sworn statement |
36 |
| setting out (i) a description of
the real estate sufficient for |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| its identification, (ii) the amount of money
representing the |
2 |
| cost and expense incurred, together with the interest rate |
3 |
| payable thereon, and (iii) the date or dates when
the
|
4 |
| inspection, testing, and remediation was completed
cost and |
5 |
| expense was incurred by the municipality or the lien holder of |
6 |
| record.
Upon payment of the lien amount , including the payment |
7 |
| of interest as required under this subsection
by the owner of |
8 |
| or persons interested in the
property after the notice of lien |
9 |
| has been filed, a release of lien shall be
issued by the |
10 |
| municipality, the person in whose name the lien has been filed,
|
11 |
| or the assignee of the lien, and the release may be filed of |
12 |
| record as in the
case of filing notice of lien .
|
13 |
| The lien may be enforced under subsection (c) or by |
14 |
| foreclosure proceedings
as
in the case of mortgage foreclosures |
15 |
| under Article XV of the Code of Civil
Procedure or mechanics' |
16 |
| lien foreclosures ; provided that where the lien is
enforced by |
17 |
| foreclosure under subsection (c) or under either statute , the
|
18 |
| municipality may
not proceed against the other assets of the |
19 |
| owner or owners of the real estate
or the beneficial owner of |
20 |
| an Illinois land trust that is the record owner, for any costs |
21 |
| that otherwise would be recoverable under this subsection
|
22 |
| Section but that
remain unsatisfied after foreclosure , except |
23 |
| where such additional recovery is
authorized by separate |
24 |
| environmental laws. An action to foreclose this lien
may be |
25 |
| commenced at any time after the date of filing of the notice of |
26 |
| lien.
The costs of foreclosure incurred by the municipality, |
27 |
| including court costs,
reasonable attorney's fees, advances to |
28 |
| preserve the property, and other costs
related to the |
29 |
| enforcement of this subsection, plus statutory interest ,as set |
30 |
| forth in this subsection, from the date the remediation is |
31 |
| completed , are a
lien on the real estate.
|
32 |
| All liens arising under this subsection (f) shall be |
33 |
| assignable. After assignment, the lien shall continue to bear |
34 |
| statutory interest as set forth in this subsection, but shall |
35 |
| cease to be a reimbursable municipal advancement under Section |
36 |
| 22-35 of the Property Tax Code. The
assignee of the lien shall |
|
|
|
SB3034 |
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LRB093 20129 MKM 45874 b |
|
|
1 |
| have the same power to enforce the lien as the
assigning party, |
2 |
| except that only a municipality
the lien may enforce the lien
|
3 |
| not be enforced under subsection
(c).
|
4 |
| Statutory interest on the statutory liens arising under |
5 |
| this subsection shall be as set forth in Article II of the Code |
6 |
| of Civil Procedure concerning judgement liens. Interest |
7 |
| payable by the holder of a certificate of purchase of |
8 |
| delinquent taxes shall accrue from the later of (i) the date |
9 |
| the remediation was completed, or (ii) the date of the tax sale |
10 |
| represented by the certificate of purchase.
|
11 |
| (g) In any case where a municipality has obtained a lien |
12 |
| under subsection
(a), (b), (d), or (f), the municipality may |
13 |
| also bring an action for a money judgment against the
owner or |
14 |
| owners of the real estate in the amount of the lien , plus |
15 |
| statutory interest, in the same manner
as provided for bringing |
16 |
| causes of action in Article II of the Code of Civil
Procedure |
17 |
| and, upon obtaining a judgment, file a judgment lien against |
18 |
| all of
the real estate of the owner or owners and enforce that |
19 |
| lien as provided for in
Article XII of the Code of Civil |
20 |
| Procedure.
|
21 |
| (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; |
22 |
| 91-357, eff.
7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 1-1-00; |
23 |
| 92-16, eff. 6-28-01;
92-574, eff. 6-26-02; 92-681, eff. 1-1-03; |
24 |
| revised 2-18-03.)
|