Local Government Committee
Filed: 3/21/2007
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1 | AMENDMENT TO HOUSE BILL 1881
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2 | AMENDMENT NO. ______. Amend House Bill 1881 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 11-20-7 and 11-20-12 as follows:
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6 | (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
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7 | Sec. 11-20-7. The corporate authorities of each | ||||||
8 | municipality may provide
for the cutting of weeds or grass, the | ||||||
9 | trimming of trees or bushes, and the removal of nuisance bushes | ||||||
10 | or trees in the municipality, when the owners of real
estate | ||||||
11 | refuse or neglect to cut , trim, or remove them and to collect | ||||||
12 | from the owners of
private property the reasonable cost | ||||||
13 | thereof. This cost is a lien upon the
real estate affected, | ||||||
14 | superior to all other liens and encumbrances, except
tax liens; | ||||||
15 | provided that within 60 days after such cost and expense is
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16 | incurred the municipality, or person performing the service by |
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1 | authority of
the municipality, in his or its own name, files | ||||||
2 | notice of lien in the
office of the recorder in the county in | ||||||
3 | which
such real estate is
located or in the office of the | ||||||
4 | Registrar of Titles of such county if the
real estate affected | ||||||
5 | is registered under the Torrens system. The notice
shall | ||||||
6 | consist of a sworn statement setting out (1) a description of | ||||||
7 | the
real estate sufficient for identification thereof, (2) the | ||||||
8 | amount of money
representing the cost and expense incurred or | ||||||
9 | payable for the service, and
(3) the date or dates when such | ||||||
10 | cost and expense was incurred by the
municipality. However, the | ||||||
11 | lien of such municipality shall not be valid as
to any | ||||||
12 | purchaser whose rights in and to such real estate have arisen
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13 | subsequent to the cutting of weeds or grass, the trimming of | ||||||
14 | trees or bushes, or the removal of nuisance bushes or trees
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15 | weed-cutting and prior to the filing of such notice, and
the | ||||||
16 | lien of such municipality shall not be valid as to any | ||||||
17 | mortgagee,
judgment creditor or other lienor whose rights in | ||||||
18 | and to such real estate
arise prior to the filing of such | ||||||
19 | notice. Upon payment of the cost and
expense by the owner of or | ||||||
20 | persons interested in such property after notice
of lien has | ||||||
21 | been filed, the lien shall be released by the municipality or
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22 | person in whose name the lien has been filed and the release | ||||||
23 | may be filed
of record as in the case of filing notice of lien.
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24 | The cost of the cutting , trimming, or removal of weeds , | ||||||
25 | grass, trees, or bushes shall not be lien on the real estate
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26 | affected unless a notice is personally served on, or sent by |
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1 | certified mail to,
the person to whom was sent the tax bill for | ||||||
2 | the general taxes on the property
for the last preceding year. | ||||||
3 | The notice shall be delivered or sent
after the cutting , | ||||||
4 | trimming, or removal of weeds , grass, trees, or bushes on the | ||||||
5 | property. The notice shall
state the substance of this Section | ||||||
6 | and the substance of any ordinance of the
municipality | ||||||
7 | implementing this Section and shall identify the property, by
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8 | common description, and the location of the weeds to be cut.
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9 | (Source: P.A. 88-355.)
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10 | (65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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11 | Sec. 11-20-12. The corporate authorities of each | ||||||
12 | municipality may provide for the
removal of elm trees infected | ||||||
13 | with Dutch elm disease or ash trees infected with the emerald | ||||||
14 | ash borer (Agrilus planipennis Fairmaire) from property not
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15 | owned by the municipality or dedicated for public use when the | ||||||
16 | owner of
such property refuses or neglects to remove any such | ||||||
17 | tree, and to collect
from the property owner the reasonable | ||||||
18 | cost thereof. This cost is a lien
upon the real estate | ||||||
19 | affected, superior to all other liens and
encumbrances, except | ||||||
20 | tax liens; provided that notice has been given as
hereinafter | ||||||
21 | described, and further provided that within 60 days after such
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22 | cost and expense is incurred the municipality, or person | ||||||
23 | performing the
service by authority of the municipality, in his | ||||||
24 | or its own name, files
notice of lien in the office of the | ||||||
25 | recorder in the county in
which such real estate is located or |
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1 | in the office of the Registrar of
Titles of such county if the | ||||||
2 | real estate affected is registered under "An
Act concerning | ||||||
3 | land titles", approved May 1, 1897, as amended. The notice
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4 | shall consist of a sworn statement setting out
(1) a | ||||||
5 | description of the real estate sufficient for identification | ||||||
6 | thereof,
(2) the amount of money representing the cost and | ||||||
7 | expense incurred or
payable for the service, and (3) the date | ||||||
8 | or dates when such cost and
expense was incurred by the | ||||||
9 | municipality. However, the lien of such
municipality shall not | ||||||
10 | be valid as to any purchaser whose rights in and to
such real | ||||||
11 | estate have arisen subsequent to the tree removal and prior to
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12 | the filing of such notice, and the lien of such municipality | ||||||
13 | shall not be
valid as to any mortgagee, judgment creditor or | ||||||
14 | other lienor whose rights
in and to such real estate arise | ||||||
15 | prior to the filing of such notice. Upon
payment of the cost | ||||||
16 | and expense by the owner of or persons interested in
such | ||||||
17 | property after notice of lien has been filed, the lien shall be
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18 | released by the municipality or person in whose name the lien | ||||||
19 | has been
filed and the release may be filed of record as in the | ||||||
20 | case of filing
notice of lien.
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21 | The cost of such tree removal shall not be a lien upon the | ||||||
22 | real estate
affected unless a notice shall be personally served | ||||||
23 | or sent by registered
mail to the person to whom was sent the | ||||||
24 | tax bill for the general taxes for
the last preceding year on | ||||||
25 | the property, such notice to be delivered or
sent not less than | ||||||
26 | 30 days prior to the removal of the tree or trees
located |
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1 | thereon. The notice shall contain the substance of this | ||||||
2 | section,
and of any ordinance of the municipality implementing | ||||||
3 | its provisions, and
identify the property, by common | ||||||
4 | description, and the tree or trees
affected.
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5 | (Source: P.A. 83-358.)
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6 | Section 99. Effective date. This Act takes effect upon | ||||||
7 | becoming law.".
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