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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1881
Introduced 2/23/2007, by Rep. Kathleen A. Ryg SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/11-60-2 |
from Ch. 24, par. 11-60-2 |
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Amends the Municipal Code. Provides that a municipality may collect from the owner of record of property located within the municipality the reasonable cost of abating a nuisance on property. Provides that, in order to collect the cost of abatement, the municipality must show that (i) it provided reasonable notice of the nuisance to the owner of record, (ii) the owner failed to take steps to abate the nuisance, and (iii) the nuisance was remedied at the expense of the municipality. Provides that the municipality, or a person performing service on behalf of the municipality, may impose a lien on the property in order to recover the cost of abating the nuisance. Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1881 |
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LRB095 03849 HLH 23880 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 11-60-2 as follows:
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| (65 ILCS 5/11-60-2) (from Ch. 24, par. 11-60-2)
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| Sec. 11-60-2. The corporate authorities of each |
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| municipality may
define, prevent, and abate nuisances. The |
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| corporate authorities of each municipality may collect from the |
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| owner of record of property located within the municipality the |
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| reasonable cost of abating a nuisance located on the property. |
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| Before it may collect the cost, the municipality must show: (i) |
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| that the municipality provided reasonable notice to the owner |
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| that a nuisance exists, (ii) that the owner failed to take |
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| steps to abate the nuisance, and (iii) that the nuisance was |
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| subsequently remedied at the expense of the municipality. Any |
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| cost imposed under this Section is a lien upon the real estate |
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| affected, superior to all subsequent liens and encumbrances |
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| except tax liens. Within 60 days after such cost and expense is |
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| incurred, the municipality or person performing the service by |
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| authority of the municipality, in his or its own name, must |
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| file notice of the lien in the office of the recorder or the |
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| registrar of titles, as applicable, in the county in which such |