94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0169


 
Introduced 2/2/2005, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/11-20-8
  from Ch. 24, par. 11-20-8







    Amends the Illinois Municipal Code. Provides that the corporate authorities
of
each municipality may provide for the extermination of pests (now, rats only).
Defines "pests" to mean undesirable arthropods (including certain insects,
spiders,
mites, ticks, and related organisms), wood infesting organisms, rats, mice,
birds,
and any other obnoxious or undesirable animals.
 Effective immediately.
















LRB094 04278 MKM 34303 b

















 


 


A BILL FOR









 











SB0169

LRB094 04278 MKM 34303 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, 
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represented in the General Assembly: 


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


 
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    (65 ILCS 5/11-20-8)  (from Ch. 24, par. 11-20-8)

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    Sec. 11-20-8. Pest extermination; liens. The corporate 
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authorities of
each municipality may provide
for the 
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extermination of pests
rats in the municipality, and charge to

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and
collect from the owners of and persons interested in 
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private property the
reasonable cost and expense of preventing 
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ingress of pests
rats to
their property
and of pest
rat 
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extermination therein, after notice to such owners or
persons 
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as
provided by ordinance and failures of such owners or persons 
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to comply.
This cost and expense is a lien upon the real estate 
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affected, superior to
all other existing liens and 
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encumbrances, except tax liens if within 60
days after such 
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cost and expense is incurred the municipality, or person

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performing the service by authority of the municipality, in his 
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or its own
name, files notice of lien in the office of the 
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recorder in the
county in which the real estate is located or 
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in the office of the
Registrar of Titles of such county if the 
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real estate affected is
registered under "An Act concerning 
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land titles", approved May 1, 1897,
as amended. The notice 
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shall consist of a sworn
statement setting out (1) a 
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description of the real estate sufficient for
identification 
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thereof, (2) the amount of money representing the cost and

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expense incurred or payable for the service, and (3) the date 
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or dates when
such cost and expense was incurred by the 
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municipality. However, the lien
of such municipality shall not 
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be valid as to any purchaser, mortgagee,
judgment creditor, or 
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other lienor whose rights in and to the real estate
arise 
 


 






SB0169
- 2 -
LRB094 04278 MKM 34303 b




1
subsequent to the pest
rat extermination and prior to the 
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filing
of
the
notice of such lien in the office of the 
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recorder, or in the
office of the Registrar of Titles, as 
4
aforesaid. Upon payment of the cost
and expense by the owner of 
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or persons interested in the property after
notice of lien has 
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been filed, the lien shall be released by the
municipality or 
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person in whose name the lien has been filed and the
release 
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may be filed of record as in the case of filing notice of lien. 
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The
lien may be enforced by proceedings to foreclose as in case 
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of mortgages or
mechanics' liens. Actions to foreclose this 
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lien shall be commenced
within one
year after the date of 
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filing notice of lien.


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    "Pests", as used in this Section 11-20-8, means undesirable 
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arthropods
(including certain insects, spiders, mites, ticks, 
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and related organisms), wood
infesting organisms, rats, mice, 
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birds, and any other obnoxious or undesirable
animals.


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(Source: P.A. 83-358.)


 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.