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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | |||||||||||||||||||
5 | changing Section 11-31-1 as follows:
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6 | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
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7 | Sec. 11-31-1. Demolition, repair, enclosure, or | |||||||||||||||||||
8 | remediation.
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9 | (a) The corporate authorities of each municipality may | |||||||||||||||||||
10 | demolish, repair,
or enclose or cause the demolition, repair, | |||||||||||||||||||
11 | or enclosure of
dangerous and unsafe buildings or uncompleted | |||||||||||||||||||
12 | and abandoned buildings
within the territory of the | |||||||||||||||||||
13 | municipality and may remove or cause the
removal of garbage, | |||||||||||||||||||
14 | debris, and other hazardous, noxious, or unhealthy
substances | |||||||||||||||||||
15 | or materials from those buildings. In any county
having adopted | |||||||||||||||||||
16 | by referendum or otherwise a county health department as
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17 | provided by Division 5-25 of the Counties Code or its | |||||||||||||||||||
18 | predecessor, the
county board of that county may exercise those | |||||||||||||||||||
19 | powers with regard to
dangerous and unsafe buildings or | |||||||||||||||||||
20 | uncompleted and abandoned buildings
within the territory of any | |||||||||||||||||||
21 | city, village, or incorporated town having less
than 50,000 | |||||||||||||||||||
22 | population.
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23 | The corporate authorities shall apply to the circuit court |
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1 | of the county
in which the building is located (i) for an order | ||||||
2 | authorizing action to
be taken with respect to a building if | ||||||
3 | the owner or owners of the building,
including the lien holders | ||||||
4 | of record, after at least 15 days' written
notice by mail so to | ||||||
5 | do, have failed to put the building in a safe
condition or to | ||||||
6 | demolish it or (ii) for an order requiring the owner or
owners | ||||||
7 | of record to demolish, repair, or enclose the building or to | ||||||
8 | remove
garbage, debris, and other hazardous, noxious, or | ||||||
9 | unhealthy substances or
materials from the building. It is not | ||||||
10 | a defense to the cause of action
that the building is boarded | ||||||
11 | up or otherwise enclosed, although the court
may order the | ||||||
12 | defendant to have the building boarded up or otherwise
| ||||||
13 | enclosed. Where, upon diligent search, the identity or | ||||||
14 | whereabouts of the
owner or owners of the building, including | ||||||
15 | the lien holders of record,
is not ascertainable, notice mailed | ||||||
16 | to the person or persons in whose name
the real estate was last | ||||||
17 | assessed is sufficient notice under this Section.
| ||||||
18 | The hearing upon the application to the circuit court shall | ||||||
19 | be expedited
by the court and shall be given precedence over | ||||||
20 | all other suits.
Any person entitled to bring an action under | ||||||
21 | subsection (b) shall have
the right to intervene in an action | ||||||
22 | brought under this Section.
| ||||||
23 | The cost of the demolition, repair, enclosure, or removal | ||||||
24 | incurred by
the municipality, by an intervenor, or by a lien | ||||||
25 | holder of record,
including court costs, attorney's fees, and | ||||||
26 | other costs related to the
enforcement of this Section, is |
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| |||||||
1 | recoverable from the owner or owners of
the real estate or the | ||||||
2 | previous owner or both if the property was transferred
during | ||||||
3 | the 15 day notice period and is a lien on the real estate; the | ||||||
4 | lien is
superior to all prior existing liens and encumbrances, | ||||||
5 | except taxes, if, within
180 days after the repair, demolition, | ||||||
6 | enclosure, or removal, the municipality,
the lien holder of | ||||||
7 | record, or the intervenor who incurred the cost and expense
| ||||||
8 | shall file a notice of lien for the cost and expense incurred | ||||||
9 | in the office of
the recorder in the county in which the real | ||||||
10 | estate is located or in the office
of the registrar of titles | ||||||
11 | of the county if the real estate affected is
registered under | ||||||
12 | the Registered Titles (Torrens) Act.
| ||||||
13 | The notice must consist of a sworn statement setting out | ||||||
14 | (1) a
description of the real estate sufficient for its | ||||||
15 | identification, (2)
the amount of money representing the cost | ||||||
16 | and expense incurred, and (3) the
date or dates when the cost | ||||||
17 | and expense was incurred by the municipality,
the lien holder | ||||||
18 | of record, or the intervenor. Upon payment of the cost and
| ||||||
19 | expense by the owner of or persons interested in the property | ||||||
20 | after the
notice of lien has been filed, the lien shall be | ||||||
21 | released by the
municipality, the person in whose name the lien | ||||||
22 | has been filed, or the
assignee of the lien, and the release | ||||||
23 | may be filed of record as in the case
of filing notice of lien. | ||||||
24 | Unless the lien is enforced under subsection (c),
the lien may | ||||||
25 | be enforced by foreclosure proceedings as in the case of
| ||||||
26 | mortgage foreclosures under Article XV of the Code of Civil |
| |||||||
| |||||||
1 | Procedure or
mechanics' lien foreclosures. An action to | ||||||
2 | foreclose this lien
may be commenced at any time after the date | ||||||
3 | of filing of the notice of
lien. The costs of foreclosure | ||||||
4 | incurred by the municipality, including
court costs, | ||||||
5 | reasonable attorney's fees, advances to preserve the property,
| ||||||
6 | and other costs related to the enforcement of this subsection, | ||||||
7 | plus
statutory interest, are a lien on the real estate and are | ||||||
8 | recoverable by
the municipality from the owner or owners of the | ||||||
9 | real estate.
| ||||||
10 | All liens arising under this subsection (a) shall be | ||||||
11 | assignable.
The assignee of the lien shall have the same power | ||||||
12 | to enforce the lien
as the assigning party, except that the | ||||||
13 | lien may not be
enforced under subsection (c).
| ||||||
14 | If the appropriate official of any municipality determines | ||||||
15 | that any
dangerous and unsafe building or uncompleted and | ||||||
16 | abandoned building within
its territory fulfills the | ||||||
17 | requirements for an action by the municipality
under the | ||||||
18 | Abandoned Housing Rehabilitation Act, the municipality may
| ||||||
19 | petition under that Act in a proceeding brought under this | ||||||
20 | subsection.
| ||||||
21 | (b) Any owner or tenant of real property within 1200 feet | ||||||
22 | in any
direction of any dangerous or unsafe building located | ||||||
23 | within the territory
of a municipality with a population of | ||||||
24 | 500,000 or more may file with the
appropriate municipal | ||||||
25 | authority a request that the municipality apply to
the circuit | ||||||
26 | court of the county in which the building is located for an
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| |||||||
1 | order permitting the demolition, removal of garbage, debris, | ||||||
2 | and other
noxious or unhealthy substances and materials from, | ||||||
3 | or repair or enclosure of
the building in the manner prescribed | ||||||
4 | in subsection (a) of this Section.
If the municipality fails to | ||||||
5 | institute an action in circuit court within 90
days after the | ||||||
6 | filing of the request, the owner or tenant of real property
| ||||||
7 | within 1200 feet in any direction of the building may institute | ||||||
8 | an action
in circuit court seeking an order compelling the | ||||||
9 | owner or owners of record
to demolish, remove garbage, debris, | ||||||
10 | and other noxious or unhealthy
substances and materials from, | ||||||
11 | repair or enclose or to cause to be
demolished, have garbage, | ||||||
12 | debris, and other noxious or unhealthy substances
and materials | ||||||
13 | removed from, repaired, or enclosed the building in question.
A | ||||||
14 | private owner or tenant who institutes an action under the | ||||||
15 | preceding sentence
shall not be required to pay any fee to the | ||||||
16 | clerk of the circuit court.
The cost of repair, removal, | ||||||
17 | demolition, or enclosure shall be borne by
the owner or owners | ||||||
18 | of record of the building. In the event the owner or
owners of | ||||||
19 | record fail to demolish, remove garbage, debris, and other | ||||||
20 | noxious
or unhealthy substances and materials from, repair, or | ||||||
21 | enclose the building
within 90 days of the date the court | ||||||
22 | entered its order, the owner or tenant
who instituted the | ||||||
23 | action may request that the court join the municipality
as a | ||||||
24 | party to the action. The court may order the municipality to | ||||||
25 | demolish,
remove materials from, repair, or enclose the | ||||||
26 | building, or cause that action to
be taken upon the request of |
| |||||||
| |||||||
1 | any owner or tenant who instituted the action or
upon the | ||||||
2 | municipality's request. The municipality may file, and the | ||||||
3 | court may
approve, a plan for rehabilitating the building in | ||||||
4 | question. A court order
authorizing the municipality to | ||||||
5 | demolish, remove materials from, repair, or
enclose a building, | ||||||
6 | or cause that action to be taken, shall not preclude the
court | ||||||
7 | from adjudging the owner or owners of record of the building in | ||||||
8 | contempt
of court due to the failure to comply with the order | ||||||
9 | to demolish, remove
garbage, debris, and other noxious or | ||||||
10 | unhealthy substances and materials from,
repair, or enclose the | ||||||
11 | building.
| ||||||
12 | If a municipality or a person or persons other than the | ||||||
13 | owner or
owners of record pay the cost of demolition, removal | ||||||
14 | of garbage, debris, and
other noxious or unhealthy substances | ||||||
15 | and materials, repair, or enclosure
pursuant to a court order, | ||||||
16 | the cost, including court costs, attorney's fees,
and other | ||||||
17 | costs related to the enforcement of this subsection, is
| ||||||
18 | recoverable from the owner or owners of the real estate and is | ||||||
19 | a lien
on the real estate; the lien is superior to all prior | ||||||
20 | existing liens and
encumbrances, except taxes, if, within 180 | ||||||
21 | days after the
repair, removal, demolition, or enclosure, the | ||||||
22 | municipality or the person or
persons who paid the costs of | ||||||
23 | demolition, removal, repair, or enclosure
shall file a notice | ||||||
24 | of lien of the cost and expense incurred in the office
of the | ||||||
25 | recorder in the county in which the real estate is located or | ||||||
26 | in the
office of the registrar of the county if the real estate |
| |||||||
| |||||||
1 | affected is
registered under the Registered Titles (Torrens) | ||||||
2 | Act. The notice shall be
in a form as is provided in subsection | ||||||
3 | (a). An owner or tenant who
institutes an action in circuit | ||||||
4 | court seeking an order to compel the owner
or owners of record | ||||||
5 | to demolish, remove materials from, repair, or enclose any
| ||||||
6 | dangerous or unsafe building, or to cause that action to be | ||||||
7 | taken under this
subsection may recover court costs and | ||||||
8 | reasonable attorney's fees for
instituting the action from the | ||||||
9 | owner or owners of record of the building.
Upon payment of the | ||||||
10 | costs and expenses by the owner of or a person
interested in | ||||||
11 | the property after the notice of lien has been filed, the
lien | ||||||
12 | shall be released by the municipality or the person in whose | ||||||
13 | name the
lien has been filed or his or her assignee, and the | ||||||
14 | release may be filed of
record as in the case of filing a | ||||||
15 | notice of lien. Unless the lien is
enforced under subsection | ||||||
16 | (c), the lien may be enforced by foreclosure
proceedings as in | ||||||
17 | the case of mortgage foreclosures under Article XV of the
Code | ||||||
18 | of Civil Procedure or mechanics' lien foreclosures. An action | ||||||
19 | to
foreclose this lien may be commenced at any time after the | ||||||
20 | date of filing
of the notice of lien. The costs of foreclosure | ||||||
21 | incurred by the
municipality, including court costs, | ||||||
22 | reasonable attorneys' fees, advances
to preserve the property, | ||||||
23 | and other costs related to the enforcement of
this subsection, | ||||||
24 | plus statutory interest, are a lien on the real estate
and are | ||||||
25 | recoverable by the municipality from the owner or owners of the
| ||||||
26 | real estate.
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1 | All liens arising under the terms of this subsection (b) | ||||||
2 | shall be
assignable. The assignee of the lien shall have the | ||||||
3 | same power to
enforce the lien as the assigning party, except | ||||||
4 | that the lien may not be
enforced under subsection (c).
| ||||||
5 | (c) In any case where a municipality has obtained a lien | ||||||
6 | under
subsection (a), (b), or (f), the municipality may enforce | ||||||
7 | the
lien
under
this subsection (c) in the same proceeding in | ||||||
8 | which the lien is authorized.
| ||||||
9 | A municipality desiring to enforce a lien under this | ||||||
10 | subsection (c) shall
petition the court to retain jurisdiction | ||||||
11 | for foreclosure proceedings under
this subsection. Notice of | ||||||
12 | the petition shall be served, by certified or
registered mail, | ||||||
13 | on all persons who were served notice under subsection
(a), | ||||||
14 | (b), or (f). The court shall conduct a hearing on the petition | ||||||
15 | not
less than 15
days after the notice is served. If the court | ||||||
16 | determines that the
requirements of this subsection (c) have | ||||||
17 | been satisfied, it shall grant the
petition and retain | ||||||
18 | jurisdiction over the matter until the foreclosure
proceeding | ||||||
19 | is completed. The costs of foreclosure incurred by the
| ||||||
20 | municipality, including court costs, reasonable attorneys' | ||||||
21 | fees, advances
to preserve the property, and other costs | ||||||
22 | related to the enforcement of
this subsection, plus statutory | ||||||
23 | interest, are a lien on the real estate and
are recoverable by | ||||||
24 | the municipality from the owner or owners of the real
estate. | ||||||
25 | If the court denies the petition, the municipality may enforce | ||||||
26 | the
lien in a separate action as provided in subsection (a), |
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| |||||||
1 | (b), or
(f).
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2 | All persons designated in Section 15-1501 of the Code of | ||||||
3 | Civil Procedure
as necessary parties in a mortgage foreclosure | ||||||
4 | action shall be joined as
parties before issuance of an order | ||||||
5 | of foreclosure. Persons designated
in Section 15-1501 of the | ||||||
6 | Code of Civil Procedure as permissible parties
may also be | ||||||
7 | joined as parties in the action.
| ||||||
8 | The provisions of Article XV of the Code of Civil Procedure | ||||||
9 | applicable to
mortgage foreclosures shall apply to the | ||||||
10 | foreclosure of a lien under
this subsection (c), except to the | ||||||
11 | extent that those provisions are
inconsistent with this | ||||||
12 | subsection. For purposes of foreclosures
of liens under this | ||||||
13 | subsection, however, the redemption period described in
| ||||||
14 | subsection (b) of Section 15-1603 of the Code of Civil | ||||||
15 | Procedure shall end
60 days after the date of entry of the | ||||||
16 | order of foreclosure.
| ||||||
17 | (d) In addition to any other remedy provided by law, the | ||||||
18 | corporate
authorities of any municipality may petition the | ||||||
19 | circuit court to have
property declared abandoned under this | ||||||
20 | subsection (d) if:
| ||||||
21 | (1) the property has been tax delinquent for 2 or more | ||||||
22 | years , or bills
for water service for the property have | ||||||
23 | been outstanding for 2 or more years , or there has been no | ||||||
24 | active water service to the property for 2 or more years ;
| ||||||
25 | (2) the property is unoccupied by persons legally in | ||||||
26 | possession; and
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| |||||||
1 | (3) the property contains a dangerous or unsafe | ||||||
2 | building for reasons specified in the petition .
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3 | All persons having an interest of record in the property, | ||||||
4 | including tax
purchasers and beneficial owners of any Illinois | ||||||
5 | land trust having title to
the property, shall be named as | ||||||
6 | defendants in the petition and shall be
served with process. In | ||||||
7 | addition, service shall be had under Section
2-206 of the Code | ||||||
8 | of Civil Procedure as in other cases affecting property.
| ||||||
9 | The municipality, however, may proceed under this | ||||||
10 | subsection in a
proceeding brought under subsection (a) or (b). | ||||||
11 | Notice of the petition
shall be served in person or by | ||||||
12 | certified or registered mail on all persons who were
served | ||||||
13 | notice under subsection (a) or (b).
| ||||||
14 | If the municipality proves that the conditions described in | ||||||
15 | this
subsection exist and (i) the owner of record of the | ||||||
16 | property does not enter
an appearance in the action, or, if | ||||||
17 | title to the property is held by an
Illinois land trust, if | ||||||
18 | neither the owner of record nor the owner of the
beneficial | ||||||
19 | interest of the trust enters an appearance, or (ii) if the | ||||||
20 | owner of record or the beneficiary of a land trust, if title to | ||||||
21 | the property is held by an Illinois land trust, enters an | ||||||
22 | appearance and specifically waives his or her rights under this | ||||||
23 | subsection (d), the court
shall declare the property abandoned. | ||||||
24 | Notwithstanding any waiver, the municipality may move to | ||||||
25 | dismiss its petition at any time. In addition, any waiver in a | ||||||
26 | proceeding under this subsection (d) does not serve as a waiver |
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| |||||||
1 | for any other proceeding under law or equity.
| ||||||
2 | If that determination is made, notice shall be sent in | ||||||
3 | person or by certified or
registered mail to all persons having | ||||||
4 | an interest of record in the
property, including tax purchasers | ||||||
5 | and beneficial owners of any Illinois
land trust having title | ||||||
6 | to the property, stating that title to the
property will be | ||||||
7 | transferred to the municipality unless, within 30 days of
the | ||||||
8 | notice, the owner of record or enters an appearance in the | ||||||
9 | action, or
unless any other person having an interest in the | ||||||
10 | property files with the
court a request to demolish the | ||||||
11 | dangerous or unsafe building or to put the
building in safe | ||||||
12 | condition , or unless the owner of record enters an appearance | ||||||
13 | and proves that the owner does not intend to abandon the | ||||||
14 | property .
| ||||||
15 | If the owner of record enters an appearance in the action | ||||||
16 | within the 30
day period, but does not at that time file with | ||||||
17 | the court a request to demolish the dangerous or unsafe | ||||||
18 | building or to put the building in safe condition, or | ||||||
19 | specifically waive his or her rights under this subsection (d), | ||||||
20 | the court shall vacate its order declaring the property
| ||||||
21 | abandoned if it determines that the owner of record does not | ||||||
22 | intend to abandon the property . In that case, the municipality | ||||||
23 | may amend its complaint in order
to initiate proceedings under | ||||||
24 | subsection (a) , or it may request that the court order the | ||||||
25 | owner to demolish the building or repair the dangerous or | ||||||
26 | unsafe conditions of the building alleged in the petition or |
| |||||||
| |||||||
1 | seek the appointment of a receiver or other equitable relief to | ||||||
2 | correct the conditions at the property. The powers and rights | ||||||
3 | of a receiver appointed under this subsection (d) shall include | ||||||
4 | all of the powers and rights of a receiver appointed under | ||||||
5 | Section 11-31-2 of this Code .
| ||||||
6 | If a request to demolish or repair the building is filed | ||||||
7 | within the 30
day period, the court shall grant permission to | ||||||
8 | the requesting party to
demolish the building within 30 days or | ||||||
9 | to restore the building to safe
condition within 60 days after | ||||||
10 | the request is granted. An extension of
that period for up to | ||||||
11 | 60 additional days may be given for good cause. If
more than | ||||||
12 | one person with an interest in the property files a timely
| ||||||
13 | request, preference shall be given to the owner of record if | ||||||
14 | the owner filed a request or, if the owner did not, the person | ||||||
15 | with the lien or other
interest of the highest priority.
| ||||||
16 | If the requesting party (other than the owner of record) | ||||||
17 | proves to the court that the building has been
demolished or | ||||||
18 | put in a safe condition in conformance with the municipality's | ||||||
19 | municipal code within the period of time granted by
the court, | ||||||
20 | the court shall issue a quitclaim judicial deed for the
| ||||||
21 | property to the requesting party, conveying only the interest | ||||||
22 | of the owner
of record, upon proof of payment to the | ||||||
23 | municipality of all costs incurred
by the municipality in | ||||||
24 | connection with the action, including but not
limited to court | ||||||
25 | costs, attorney's fees, administrative costs, the
costs, if | ||||||
26 | any, associated with building enclosure or removal, and |
| |||||||
| |||||||
1 | receiver's
certificates. The interest in the property so | ||||||
2 | conveyed shall be subject to
all liens and encumbrances on the | ||||||
3 | property. In addition, if the interest is
conveyed to a person | ||||||
4 | holding a certificate of purchase for the property
under the | ||||||
5 | Property Tax Code, the conveyance shall
be subject to the | ||||||
6 | rights of redemption of all persons entitled to redeem under
| ||||||
7 | that Act, including the original owner of record. If the | ||||||
8 | requesting party is the owner of record and proves to the court | ||||||
9 | that the building has been demolished or put in a safe | ||||||
10 | condition in conformance with the municipality's municipal | ||||||
11 | code within the period of time granted by the court, the court | ||||||
12 | shall dismiss the proceeding under this subsection (d).
| ||||||
13 | If the owner of record has not entered an appearance and | ||||||
14 | proven that the owner did not intend to abandon the property, | ||||||
15 | and if If no person with an interest in the property files a | ||||||
16 | timely request or
if the requesting party fails to demolish the | ||||||
17 | building or put the building
in safe condition within the time | ||||||
18 | specified by the court, the municipality
may petition the court | ||||||
19 | to issue a judicial deed for the property to the
municipality. | ||||||
20 | A conveyance by judicial deed shall operate to extinguish
all | ||||||
21 | existing ownership interests in, liens on, and other interest | ||||||
22 | in the
property, including tax liens, and shall extinguish the | ||||||
23 | rights and
interests of any and all holders of a bona fide | ||||||
24 | certificate of purchase of the
property for delinquent taxes. | ||||||
25 | Any such bona fide certificate of purchase
holder shall be
| ||||||
26 | entitled to a sale in error as prescribed under Section 21-310 |
| |||||||
| |||||||
1 | of the Property
Tax Code.
| ||||||
2 | (e) Each municipality may use the provisions of this | ||||||
3 | subsection to expedite
the removal
of certain buildings that | ||||||
4 | are a continuing hazard to the community in which
they are | ||||||
5 | located.
| ||||||
6 | If a residential or commercial building is 3 stories or | ||||||
7 | less in height as
defined by the
municipality's building code, | ||||||
8 | and the corporate official designated to be
in charge of | ||||||
9 | enforcing the municipality's building code determines that the
| ||||||
10 | building is open and vacant and an immediate and continuing | ||||||
11 | hazard to the
community in which the building is located, then | ||||||
12 | the official shall be
authorized to post a notice not less than | ||||||
13 | 2 feet by 2 feet in size on the
front of the building. The | ||||||
14 | notice shall be dated as of the date of the
posting and shall | ||||||
15 | state that unless the building is demolished, repaired,
or | ||||||
16 | enclosed, and unless any garbage, debris, and other hazardous, | ||||||
17 | noxious,
or unhealthy substances or materials are removed so | ||||||
18 | that an immediate and
continuing hazard to the community no | ||||||
19 | longer exists, then the building may
be demolished, repaired, | ||||||
20 | or enclosed, or any garbage, debris, and other
hazardous, | ||||||
21 | noxious, or unhealthy substances or materials may be removed, | ||||||
22 | by
the municipality.
| ||||||
23 | Not later than 30 days following the posting of the notice, | ||||||
24 | the
municipality shall do all of the following:
| ||||||
25 | (1) Cause to be sent, by certified mail, return receipt | ||||||
26 | requested,
a Notice to Remediate to all owners of
record of |
| |||||||
| |||||||
1 | the property, the beneficial owners of any Illinois land | ||||||
2 | trust
having title to the property, and all lienholders of | ||||||
3 | record in the property,
stating the intent of the | ||||||
4 | municipality to demolish,
repair, or enclose the building | ||||||
5 | or remove any garbage, debris, or other
hazardous, noxious, | ||||||
6 | or unhealthy substances or materials if that action is
not | ||||||
7 | taken by the owner or owners.
| ||||||
8 | (2) Cause to be published, in a newspaper published or | ||||||
9 | circulated in the
municipality where the building is | ||||||
10 | located, a notice setting forth (i)
the permanent tax index | ||||||
11 | number and the address of the building, (ii) a
statement | ||||||
12 | that the property is open and vacant and constitutes an | ||||||
13 | immediate and
continuing hazard to the community, and (iii) | ||||||
14 | a statement that the municipality
intends to demolish, | ||||||
15 | repair, or enclose the building or remove any garbage,
| ||||||
16 | debris, or other hazardous, noxious, or unhealthy | ||||||
17 | substances or materials if
the owner or owners or | ||||||
18 | lienholders of record fail to do so. This notice shall
be | ||||||
19 | published for 3 consecutive days.
| ||||||
20 | (3) Cause to be recorded the Notice to Remediate mailed | ||||||
21 | under paragraph
(1) in
the office of the recorder in the | ||||||
22 | county in which the real estate is located or
in the
office | ||||||
23 | of the registrar of titles of the county if the real estate | ||||||
24 | is
registered under the
Registered Title (Torrens) Act.
| ||||||
25 | Any person or persons with a current legal or equitable | ||||||
26 | interest in the
property objecting to the proposed actions of |
| |||||||
| |||||||
1 | the corporate authorities may
file his or her objection in an | ||||||
2 | appropriate form in a court of competent
jurisdiction.
| ||||||
3 | If the building is not demolished, repaired, or enclosed, | ||||||
4 | or the garbage,
debris, or other hazardous, noxious, or | ||||||
5 | unhealthy substances or materials are
not removed, within 30 | ||||||
6 | days of mailing the notice to the owners of record,
the | ||||||
7 | beneficial owners of any Illinois land trust having title to | ||||||
8 | the
property, and all lienholders of record in the property, or
| ||||||
9 | within 30 days of the last day of publication of the notice, | ||||||
10 | whichever is
later, the corporate authorities shall have the | ||||||
11 | power to demolish, repair, or
enclose the building or to remove | ||||||
12 | any garbage, debris, or other hazardous,
noxious, or unhealthy | ||||||
13 | substances or materials.
| ||||||
14 | The municipality may proceed to demolish, repair, or | ||||||
15 | enclose a building
or remove any garbage, debris, or other | ||||||
16 | hazardous, noxious, or unhealthy
substances or materials under | ||||||
17 | this subsection within a 120-day period
following the date of | ||||||
18 | the mailing of the notice if the appropriate official
| ||||||
19 | determines that the demolition, repair, enclosure, or removal | ||||||
20 | of any garbage,
debris, or other hazardous, noxious, or | ||||||
21 | unhealthy substances or materials is
necessary to remedy the | ||||||
22 | immediate and continuing hazard. If, however, before
the | ||||||
23 | municipality proceeds with any of the actions authorized by | ||||||
24 | this
subsection, any person with a legal or equitable interest | ||||||
25 | in the property has
sought a hearing under this subsection | ||||||
26 | before a
court and has served a copy of the complaint on the |
| |||||||
| |||||||
1 | chief executive officer of
the municipality, then the | ||||||
2 | municipality shall not proceed with the demolition,
repair, | ||||||
3 | enclosure, or removal of garbage, debris, or other substances | ||||||
4 | until the
court determines that that action is necessary to | ||||||
5 | remedy the hazard and issues
an order authorizing the | ||||||
6 | municipality to do so.
If the court dismisses the action for | ||||||
7 | want of prosecution, the municipality
must send the objector a | ||||||
8 | copy of the dismissal
order and a letter stating that the | ||||||
9 | demolition, repair, enclosure, or
removal of garbage, debris, | ||||||
10 | or other substances will proceed unless, within 30
days after | ||||||
11 | the copy of the order and the letter are mailed, the
objector
| ||||||
12 | moves to vacate the dismissal and serves a
copy of the
motion | ||||||
13 | on the chief executive officer of the municipality. | ||||||
14 | Notwithstanding
any other law to the contrary, if the objector | ||||||
15 | does not file a motion and give
the required notice, if the | ||||||
16 | motion is denied by the court, or if the action is
again | ||||||
17 | dismissed for want of prosecution, then the dismissal is with | ||||||
18 | prejudice
and the demolition, repair, enclosure, or removal may | ||||||
19 | proceed forthwith.
| ||||||
20 | Following the demolition, repair, or enclosure of a | ||||||
21 | building, or the
removal of garbage, debris, or other | ||||||
22 | hazardous, noxious, or unhealthy
substances or materials under | ||||||
23 | this subsection, the municipality may file a
notice of lien | ||||||
24 | against the real estate for the cost of the demolition,
repair, | ||||||
25 | enclosure, or removal within 180 days after the repair, | ||||||
26 | demolition,
enclosure, or removal occurred, for the cost and |
| |||||||
| |||||||
1 | expense incurred, in the
office of the recorder in the county | ||||||
2 | in which the real estate is located or
in the office of the | ||||||
3 | registrar of titles of the county if the real estate
affected | ||||||
4 | is registered under the Registered Titles (Torrens) Act; this
| ||||||
5 | lien has priority over the interests of those parties named in | ||||||
6 | the
Notice to
Remediate mailed under paragraph (1), but not | ||||||
7 | over the interests of third party
purchasers
or encumbrancers | ||||||
8 | for value who obtained their interests in the property before
| ||||||
9 | obtaining
actual or constructive notice of the lien.
The
notice | ||||||
10 | of lien shall consist of a sworn statement setting forth (i) a
| ||||||
11 | description of the real estate, such as the address or other | ||||||
12 | description of
the property, sufficient for its | ||||||
13 | identification; (ii) the expenses incurred
by the municipality | ||||||
14 | in undertaking the remedial actions authorized under
this | ||||||
15 | subsection; (iii) the date or dates the expenses were incurred | ||||||
16 | by
the municipality; (iv) a statement by the corporate official
| ||||||
17 | responsible for enforcing the building code that the building | ||||||
18 | was open and
vacant and constituted an immediate and continuing | ||||||
19 | hazard
to the community; (v) a statement by the corporate | ||||||
20 | official that the
required sign was posted on the building, | ||||||
21 | that notice was sent by certified
mail to the owners of record, | ||||||
22 | and that notice was published in accordance
with this | ||||||
23 | subsection; and (vi) a statement as to when and where the | ||||||
24 | notice
was published. The lien authorized by this subsection | ||||||
25 | may thereafter be
released or enforced by the municipality as | ||||||
26 | provided in subsection (a).
|
| |||||||
| |||||||
1 | (f) The corporate authorities of each municipality may | ||||||
2 | remove or cause the
removal of, or otherwise environmentally | ||||||
3 | remediate hazardous substances and
petroleum products on, in,
| ||||||
4 | or under any abandoned and unsafe property within the territory | ||||||
5 | of a
municipality. In addition, where preliminary evidence | ||||||
6 | indicates the presence
or likely presence of a hazardous | ||||||
7 | substance or a petroleum product or a release
or a substantial
| ||||||
8 | threat of a release of a hazardous substance or a petroleum | ||||||
9 | product on, in, or
under the property, the
corporate | ||||||
10 | authorities of the municipality may inspect the property and | ||||||
11 | test for
the presence or release of hazardous substances and | ||||||
12 | petroleum products. In any
county having adopted
by referendum | ||||||
13 | or otherwise a county health department as provided by Division
| ||||||
14 | 5-25 of the Counties Code or its predecessor, the county board | ||||||
15 | of that county
may exercise the above-described powers with | ||||||
16 | regard to property within the
territory of any city, village, | ||||||
17 | or incorporated town having less than 50,000
population.
| ||||||
18 | For purposes of this subsection (f):
| ||||||
19 | (1) "property" or "real estate" means all real | ||||||
20 | property, whether or
not improved by a structure;
| ||||||
21 | (2) "abandoned" means;
| ||||||
22 | (A) the property has been tax delinquent for 2 or | ||||||
23 | more years;
| ||||||
24 | (B) the property is unoccupied by persons legally | ||||||
25 | in possession; and
| ||||||
26 | (3) "unsafe" means property that presents an actual or |
| |||||||
| |||||||
1 | imminent
threat to public health and safety caused by
the | ||||||
2 | release of hazardous substances; and
| ||||||
3 | (4) "hazardous substances" means the same as in Section | ||||||
4 | 3.215 of the
Environmental Protection Act.
| ||||||
5 | The corporate authorities shall apply to the circuit court | ||||||
6 | of the county in
which the property is located (i) for an order | ||||||
7 | allowing the municipality to
enter the property and inspect and | ||||||
8 | test substances on, in, or under
the property; or (ii) for an | ||||||
9 | order authorizing the
corporate authorities to take action with | ||||||
10 | respect to remediation of the
property if conditions on the | ||||||
11 | property, based on the inspection and testing
authorized in | ||||||
12 | paragraph (i), indicate the presence of hazardous substances or
| ||||||
13 | petroleum products.
Remediation shall be deemed
complete for | ||||||
14 | purposes of
paragraph (ii) above when the property satisfies | ||||||
15 | Tier
I,
II, or
III
remediation objectives for the property's | ||||||
16 | most recent usage, as established by
the Environmental | ||||||
17 | Protection Act, and the rules and regulations promulgated
| ||||||
18 | thereunder. Where, upon diligent search, the identity or | ||||||
19 | whereabouts of the
owner or owners of the property, including | ||||||
20 | the lien holders of record, is not
ascertainable, notice mailed | ||||||
21 | to the person or persons in whose name the real
estate was last | ||||||
22 | assessed is sufficient notice under this Section.
| ||||||
23 | The court shall grant an order authorizing testing under | ||||||
24 | paragraph (i) above
upon a
showing of preliminary evidence | ||||||
25 | indicating the presence or likely presence of a
hazardous | ||||||
26 | substance or a petroleum product or a release of
or a |
| |||||||
| |||||||
1 | substantial threat of a release of a hazardous substance or a | ||||||
2 | petroleum
product on, in, or under
abandoned property. The | ||||||
3 | preliminary evidence may include, but is not limited
to, | ||||||
4 | evidence of prior use, visual site inspection, or records of | ||||||
5 | prior
environmental investigations. The testing authorized by | ||||||
6 | paragraph (i) above
shall include any type of investigation | ||||||
7 | which is necessary for an environmental
professional to | ||||||
8 | determine the environmental condition of the property,
| ||||||
9 | including but not limited to performance of soil borings and | ||||||
10 | groundwater
monitoring. The court shall grant a remediation | ||||||
11 | order under paragraph (ii)
above where testing of the property | ||||||
12 | indicates that it fails to meet the
applicable remediation | ||||||
13 | objectives. The hearing upon the application to the
circuit | ||||||
14 | court shall be expedited by the court and shall be given | ||||||
15 | precedence
over
all other suits.
| ||||||
16 | The cost of the inspection, testing, or remediation | ||||||
17 | incurred by the
municipality or by a lien holder of record, | ||||||
18 | including court costs, attorney's
fees, and other costs related | ||||||
19 | to the enforcement of this Section,
is a lien on the real | ||||||
20 | estate; except that in any instances where a
municipality
| ||||||
21 | incurs costs
of inspection and testing but finds no hazardous | ||||||
22 | substances or petroleum
products on the property
that present | ||||||
23 | an actual or imminent
threat to public health and safety, such | ||||||
24 | costs are not recoverable from the
owners nor are such costs a | ||||||
25 | lien on the real estate. The lien is superior to
all prior | ||||||
26 | existing liens and encumbrances, except taxes and any lien |
| |||||||
| |||||||
1 | obtained
under subsection (a) or (e), if, within 180 days after | ||||||
2 | the completion of the
inspection, testing, or remediation, the | ||||||
3 | municipality or the lien holder of
record who
incurred the cost | ||||||
4 | and expense shall file a notice of lien for the cost and
| ||||||
5 | expense incurred in the office of the recorder in the county in | ||||||
6 | which the real
estate is located or in the office of the | ||||||
7 | registrar of titles of the county if
the real estate affected | ||||||
8 | is registered under the Registered Titles (Torrens)
Act.
| ||||||
9 | The notice must consist of a sworn statement setting out | ||||||
10 | (i) a description of
the real estate sufficient for its | ||||||
11 | identification, (ii) the amount of money
representing the cost | ||||||
12 | and expense incurred, and (iii) the date or dates when
the
cost | ||||||
13 | and expense was incurred by the municipality or the lien holder | ||||||
14 | of record.
Upon payment of the lien amount by the owner of or | ||||||
15 | persons interested in the
property after the notice of lien has | ||||||
16 | been filed, a release of lien shall be
issued by the | ||||||
17 | municipality, the person in whose name the lien has been filed,
| ||||||
18 | or the assignee of the lien, and the release may be filed of | ||||||
19 | record as in the
case of filing notice of lien.
| ||||||
20 | The lien may be enforced under subsection (c) or by | ||||||
21 | foreclosure proceedings
as
in the case of mortgage foreclosures | ||||||
22 | under Article XV of the Code of Civil
Procedure or mechanics' | ||||||
23 | lien foreclosures; provided that where the lien is
enforced by | ||||||
24 | foreclosure under subsection (c) or under either statute, the
| ||||||
25 | municipality may
not proceed against the other assets of the | ||||||
26 | owner or owners of the real estate
for any costs that otherwise |
| |||||||
| |||||||
1 | would be recoverable under this Section but that
remain | ||||||
2 | unsatisfied after foreclosure except where such additional | ||||||
3 | recovery is
authorized by separate environmental laws. An | ||||||
4 | action to foreclose this lien
may be commenced at any time | ||||||
5 | after the date of filing of the notice of lien.
The costs of | ||||||
6 | foreclosure incurred by the municipality, including court | ||||||
7 | costs,
reasonable attorney's fees, advances to preserve the | ||||||
8 | property, and other costs
related to the enforcement of this | ||||||
9 | subsection, plus statutory interest, are a
lien on the real | ||||||
10 | estate.
| ||||||
11 | All liens arising under this subsection (f) shall be | ||||||
12 | assignable. The
assignee of the lien shall have the same power | ||||||
13 | to enforce the lien as the
assigning party, except that the | ||||||
14 | lien may not be enforced under subsection
(c).
| ||||||
15 | (g) In any case where a municipality has obtained a lien | ||||||
16 | under subsection
(a), the municipality may also bring an action | ||||||
17 | for a money judgment against the
owner or owners of the real | ||||||
18 | estate in the amount of the lien in the same manner
as provided | ||||||
19 | for bringing causes of action in Article II of the Code of | ||||||
20 | Civil
Procedure and, upon obtaining a judgment, file a judgment | ||||||
21 | lien against all of
the real estate of the owner or owners and | ||||||
22 | enforce that lien as provided for in
Article XII of the Code of | ||||||
23 | Civil Procedure.
| ||||||
24 | (Source: P.A. 95-331, eff. 8-21-07.)
|