SB0169 Engrossed

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 Engrossed
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LRB094 04278 MKM 34303 b




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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 
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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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and other obnoxious undesirable animals, but does not include a 
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feral cat, a "companion animal" as that term is defined in the 
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Humane Care for Animals Act (510 ILCS 70/), "animals" as that 
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term is defined in the Illinois Diseased Animals Act (510 ILCS 
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50/), or animals protected by the Wildlife Code (520 ILCS 5/).


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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.