Sen. Steve Stadelman

Filed: 4/5/2019

 

 


 

 


 
10100SB2052sam002LRB101 09907 AWJ 59247 a

1
AMENDMENT TO SENATE BILL 2052

2    AMENDMENT NO. ______. Amend Senate Bill 2052 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Local Government Property Transfer Act is
5amended by changing Sections 1 and 2 as follows:
 
6    (50 ILCS 605/1)  (from Ch. 30, par. 156)
7    Sec. 1. When used in this Act:
8    (a) The term "transferor municipality" shall mean a
9municipal corporation transferring real estate or any interest
10therein, under the provisions of this Act.
11    (b) The term "transferee municipality" shall mean a
12municipal corporation or 2 or more school districts operating a
13cooperative or joint educational program pursuant to Section
1410-22.31 of the School Code receiving a transfer of real estate
15or any interest therein under provisions of this Act.
16    (c) The term "municipality" whether used by itself or in

 

 

10100SB2052sam002- 2 -LRB101 09907 AWJ 59247 a

1conjunction with other words, as in (a) or (b) above, shall
2mean and include any municipal corporation or political
3subdivision organized and existing under the laws of the State
4of Illinois and including, but without limitation, any city,
5village, or incorporated town, whether organized under a
6special charter or under the General Act, or whether operating
7under the commission or managerial form of government, county,
8school districts, trustees of schools, boards of education, 2
9or more school districts operating a cooperative or joint
10educational program pursuant to Section 10-22.31 of the School
11Code, sanitary district or sanitary district trustees, forest
12preserve district or forest preserve district commissioner,
13park district or park commissioners, airport authority and
14township.
15    (d) The term "restriction" shall mean any condition,
16limitation, qualification, reversion, possibility of
17reversion, covenant, agreement or restraint of whatever kind or
18nature, the effect of which is to restrict the use or ownership
19of real estate by a municipality as defined in (c) above.
20    (e) The term "corporate authorities" shall mean the members
21of the legislative body of any municipality as defined in (c)
22above.
23    (f) The term "held" or any form thereof, when used in
24reference to the interest of a municipality in real estate
25shall be taken and construed to refer to and include all of the
26right, title and interest of such municipality of whatever kind

 

 

10100SB2052sam002- 3 -LRB101 09907 AWJ 59247 a

1or nature, in and to such real estate.
2    (g) Each of the terms above defined and the terms contained
3in the definition of each of said terms shall be taken and
4construed to include the plural form thereof.
5    (h) The term "Local Improvement Act" shall mean an Act of
6the General Assembly of the State of Illinois entitled "An Act
7concerning local improvements," approved June 14, 1897, and the
8amendments thereto.
9    (i) The term "State of Illinois" shall mean the State of
10Illinois or any department, commission, board or other agency
11of the State.
12    (j) "Public agency" means a municipality or county of the
13State of Illinois and any combination of municipalities and
14counties pursuant to an intergovernmental agreement that
15includes provisions for a governing body of the agency created
16by the agreement.
17(Source: P.A. 96-783, eff. 8-28-09.)
 
18    (50 ILCS 605/2)  (from Ch. 30, par. 157)
19    Sec. 2. If the territory of any municipality shall be
20wholly within, coextensive with, or partly within and partly
21without the corporate limits of any other municipality, or if
22the municipality is a school district and the territory of the
23school district is adjacent to the boundaries of any other
24school district, and the first mentioned municipality (herein
25called "transferee municipality"), shall by ordinance declare

 

 

10100SB2052sam002- 4 -LRB101 09907 AWJ 59247 a

1that it is necessary or convenient for it to use, occupy or
2improve any real estate held by the last mentioned municipality
3(herein called the "transferor municipality") in the making of
4any public improvement or for any public purpose, the corporate
5authorities of the transferor municipality shall have the power
6to transfer all of the right, title and interest held by it
7immediately prior to such transfer, in and to such real estate,
8whether located within or without either or both of said
9municipalities, to the transferee municipality upon such terms
10as may be agreed upon by the corporate authorities of both
11municipalities, in the manner and upon the conditions
12following:
13    (a) If such real estate shall be held by the transferor
14municipality without restriction, the said municipality shall
15have power to grant or convey such real estate or any portion
16thereof to the transferee municipality upon such terms as may
17be agreed upon by the corporate authorities of both
18municipalities, by an instrument of conveyance signed by the
19mayor, president or other chief executive of the transferor
20municipality, attested by its clerk or secretary and sealed
21with its corporate seal, all duly authorized by a resolution
22passed by the vote of 2/3 of the members of the legislative
23body of the transferor municipality then holding office, and
24duly recorded in the office of the recorder in the county in
25which said real estate is located. Provided, however, that any
26municipality may, in the manner above provided, convey real

 

 

10100SB2052sam002- 5 -LRB101 09907 AWJ 59247 a

1estate to a Public Building Commission organized and existing
2pursuant to "An Act to authorize the creation of Public
3Building Commissions and to define their rights, powers and
4duties", approved July 5, 1955, as amended, when duly
5authorized by a majority vote of the members of the legislative
6body of such municipality then holding office whenever
7provision is made in the conveyance for a reverter of the real
8estate to such transferor municipality. The transferee
9municipality shall thereafter have the right to use, occupy or
10improve the real estate so transferred for any municipal or
11public purpose and shall hold said real estate by the same
12right, title and interest by which the transferor municipality
13held said real estate immediately prior to said transfer.
14    (b) If any such real estate shall be held by the transferor
15municipality subject to or limited by any restriction, and the
16transferee municipality shall desire the use, occupation or
17improvement thereof free from said restriction, the transferor
18municipality (or the transferee municipality, in the name of
19and for and on behalf of the transferor municipality, but
20without subjecting the transferor municipality to any expense
21without the consent of its corporate authorities), shall have
22the power to secure from its grantor, or grantors, their heirs,
23successors, assigns, or others, a release of any or all of such
24restrictions upon such terms as may be agreed upon between
25either of said municipalities and the person or persons
26entitled to the benefit of said restrictions. Upon the

 

 

10100SB2052sam002- 6 -LRB101 09907 AWJ 59247 a

1recording of any such release the transferor municipality shall
2then have the powers granted in paragraph (a) of this Section.
3    (c) If either the transferor municipality or the transferee
4municipality shall be unable to secure a release of any
5restriction as above provided, the transferor municipality (or
6the transferee municipality in the name of and for and in
7behalf of the transferor municipality, but without subjecting
8the transferor municipality to any expense without the consent
9of its corporate authorities), shall have the power to file in
10any circuit court a petition for the purpose of removing or
11releasing said restriction and determining the compensation,
12if any, to be paid in consequence thereof to the owner or
13owners of said real estate, for any right, title or interest
14which they or any of them may or might have in and to any such
15real estate arising out of said restriction. If any
16compensation shall be awarded, the same shall be measured by
17the actual damage, if any, to the owner or owners of said real
18estate, resulting from the removal or release of said
19restriction, and shall be determined as of the date of the
20filing of said petition. Upon the payment of such compensation
21as may be awarded, if any, the transferor municipality shall
22have the powers granted in paragraph (a) of this Section, and
23said transferor municipality shall grant and convey the said
24real estate to the transferee municipality upon the terms and
25conditions theretofore agreed upon by the said municipalities
26and in the manner provided for in paragraph (a) of this

 

 

10100SB2052sam002- 7 -LRB101 09907 AWJ 59247 a

1Section.
2    (d) If the transferor municipality shall hold an easement
3in any real estate for a particular purpose different from the
4purpose for which the transferee municipality shall desire to
5use, occupy or improve said real estate, the transferor
6municipality (or the transferee municipality in the name of and
7for and in behalf of the transferor municipality, but without
8subjecting the transferor municipality to any expense without
9the consent of its corporate authorities), shall have the power
10to file in any circuit court a petition for the purpose of
11terminating said easement and securing the right to use, occupy
12and improve any such real estate for the purpose or purposes
13set forth in said petition, and for determining the
14compensation, if any, to be paid in consequence thereof to the
15owner, or owners of said real estate. If any compensation shall
16be awarded, the same shall be measured by the actual damage, if
17any, to the owner or owners of said real estate, resulting from
18the termination of the said easement and the granting of the
19right sought in said petition, and shall be determined as of
20the date of the filing of said petition. Upon the payment of
21such compensation as may be awarded, if any, the easement held
22by the transferor municipality shall in the final order entered
23in such proceeding be declared terminated and the right of the
24transferee municipality in said real estate shall be declared.
25If the transferee municipality shall desire to use, occupy or
26improve said real estate for the same purpose authorized by the

 

 

10100SB2052sam002- 8 -LRB101 09907 AWJ 59247 a

1easement held by the transferor municipality, the transferor
2municipality shall have the power to transfer said easement to
3the transferee municipality by instrument of conveyance as
4provided for in paragraph (a).
5    (e) If such real estate shall have been acquired or
6improved by the transferor municipality under the Local
7Improvements Act, or under the said Act in conjunction with any
8other Act, and the times fixed for the payment of all
9installments of the special assessments therefor have not
10elapsed at the time the transferor and transferee
11municipalities shall have reached an agreement for the transfer
12of said real estate, the transferee municipality shall deposit
13with the transferor municipality to be placed in the special
14assessment funds authorized to be collected to pay the cost of
15acquiring or improving said real estate, an amount sufficient
16to pay (1) the installments of said special assessments not due
17and payable at the time of the agreement for said transfer, and
18(2) the amounts paid in advance by any property owner on
19account of said special assessments, which, had such amounts
20not been paid in advance, would have been due and payable after
21the date of such agreement, and the transferor municipality
22shall upon the receipt of such amount cause orders to be
23entered in the courts in which said special assessments were
24confirmed, cancelling the installments becoming due and
25payable after the said time at which the transferor and
26transferee municipalities shall have reached an agreement for

 

 

10100SB2052sam002- 9 -LRB101 09907 AWJ 59247 a

1the transfer of said real estate, and releasing the respective
2lots, tracts, and parcels of real estate assessed in any such
3proceedings from the installments of the said assessments in
4this paragraph authorized to be cancelled. The transferor
5municipality shall after the entry of such orders of
6cancellation refund to any property owner who has paid the same
7in advance, any amounts which otherwise would have been due and
8payable after the said time at which the transferor and
9transferee municipalities shall have reached an agreement for
10the transfer of said real estate. Upon the entry of such orders
11of cancellation the transferor municipality shall then have the
12powers granted in paragraph (a) of this Section.
13    (f) The procedure, for the removal of any restriction upon
14the real estate of the transferor municipality, for the
15termination of any easement of the transferor municipality in
16said real estate and the declaration of another or different
17right in the transferee municipality in said real estate, and
18for the ascertainment of just compensation therefor, shall be
19as near as may be like that provided for the exercise of the
20power of eminent domain under the Eminent Domain Act.
21    (g) If any property shall be damaged by the release or
22removal of any restrictions upon, or the termination of any
23easement in, or the granting of a new right in any real estate
24held by the transferor municipality, the same shall be
25ascertained and paid as provided by law.
26    (h) Notwithstanding any provision of law to the contrary, a

 

 

10100SB2052sam002- 10 -LRB101 09907 AWJ 59247 a

1municipality may convey property to a public agency subject
2only to the terms and conditions set forth in an
3intergovernmental agreement between the municipality and
4public agency.
5(Source: P.A. 94-1055, eff. 1-1-07.)
 
6    Section 10. The Illinois Municipal Code is amended by
7changing Section 11-31-1 as follows:
 
8    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
9    Sec. 11-31-1. Demolition, repair, enclosure, or
10remediation.
11    (a) The corporate authorities of each municipality may
12demolish, repair, or enclose or cause the demolition, repair,
13or enclosure of dangerous and unsafe buildings or uncompleted
14and abandoned buildings within the territory of the
15municipality and may remove or cause the removal of garbage,
16debris, and other hazardous, noxious, or unhealthy substances
17or materials from those buildings. In any county having adopted
18by referendum or otherwise a county health department as
19provided by Division 5-25 of the Counties Code or its
20predecessor, the county board of that county may exercise those
21powers with regard to dangerous and unsafe buildings or
22uncompleted and abandoned buildings within the territory of any
23city, village, or incorporated town having less than 50,000
24population.

 

 

10100SB2052sam002- 11 -LRB101 09907 AWJ 59247 a

1    The corporate authorities shall apply to the circuit court
2of the county in which the building is located (i) for an order
3authorizing action to be taken with respect to a building if
4the owner or owners of the building, including the lien holders
5of record, after at least 15 days' written notice by mail so to
6do, have failed to put the building in a safe condition or to
7demolish it or (ii) for an order requiring the owner or owners
8of record to demolish, repair, or enclose the building or to
9remove garbage, debris, and other hazardous, noxious, or
10unhealthy substances or materials from the building. It is not
11a defense to the cause of action that the building is boarded
12up or otherwise enclosed, although the court may order the
13defendant to have the building boarded up or otherwise
14enclosed. Where, upon diligent search, the identity or
15whereabouts of the owner or owners of the building, including
16the lien holders of record, is not ascertainable, notice mailed
17to the person or persons in whose name the real estate was last
18assessed and posting notice on the property for 15 days is
19sufficient notice under this Section.
20    The hearing upon the application to the circuit court shall
21be expedited by the court and shall be given precedence over
22all other suits. Any person entitled to bring an action under
23subsection (b) shall have the right to intervene in an action
24brought under this Section.
25    The cost of the demolition, repair, enclosure, or removal
26incurred by the municipality, by an intervenor, or by a lien

 

 

10100SB2052sam002- 12 -LRB101 09907 AWJ 59247 a

1holder of record, including court costs, attorney's fees, and
2other costs related to the enforcement of this Section, is
3recoverable from the owner or owners of the real estate or the
4previous owner or both if the property was transferred during
5the 15 day notice period and is a lien on the real estate; the
6lien is superior to all prior existing liens and encumbrances,
7except taxes, if, within 180 days after the repair, demolition,
8enclosure, or removal, the municipality, the lien holder of
9record, or the intervenor who incurred the cost and expense
10shall file a notice of lien for the cost and expense incurred
11in the office of the recorder in the county in which the real
12estate is located or in the office of the registrar of titles
13of the county if the real estate affected is registered under
14the Registered Titles (Torrens) Act.
15    The notice must consist of a sworn statement setting out
16(1) a description of the real estate sufficient for its
17identification, (2) the amount of money representing the cost
18and expense incurred, and (3) the date or dates when the cost
19and expense was incurred by the municipality, the lien holder
20of record, or the intervenor. Upon payment of the cost and
21expense by the owner of or persons interested in the property
22after the notice of lien has been filed, the lien shall be
23released by the municipality, the person in whose name the lien
24has been filed, or the assignee of the lien, and the release
25may be filed of record as in the case of filing notice of lien.
26Unless the lien is enforced under subsection (c), the lien may

 

 

10100SB2052sam002- 13 -LRB101 09907 AWJ 59247 a

1be enforced by foreclosure proceedings as in the case of
2mortgage foreclosures under Article XV of the Code of Civil
3Procedure or mechanics' lien foreclosures. An action to
4foreclose this lien may be commenced at any time after the date
5of filing of the notice of lien. The costs of foreclosure
6incurred by the municipality, including court costs,
7reasonable attorney's fees, advances to preserve the property,
8and other costs related to the enforcement of this subsection,
9plus statutory interest, are a lien on the real estate and are
10recoverable by the municipality from the owner or owners of the
11real estate.
12    All liens arising under this subsection (a) shall be
13assignable. The assignee of the lien shall have the same power
14to enforce the lien as the assigning party, except that the
15lien may not be enforced under subsection (c).
16    If the appropriate official of any municipality determines
17that any dangerous and unsafe building or uncompleted and
18abandoned building within its territory fulfills the
19requirements for an action by the municipality under the
20Abandoned Housing Rehabilitation Act, the municipality may
21petition under that Act in a proceeding brought under this
22subsection.
23    (b) Any owner or tenant of real property within 1200 feet
24in any direction of any dangerous or unsafe building located
25within the territory of a municipality with a population of
26500,000 or more may file with the appropriate municipal

 

 

10100SB2052sam002- 14 -LRB101 09907 AWJ 59247 a

1authority a request that the municipality apply to the circuit
2court of the county in which the building is located for an
3order permitting the demolition, removal of garbage, debris,
4and other noxious or unhealthy substances and materials from,
5or repair or enclosure of the building in the manner prescribed
6in subsection (a) of this Section. If the municipality fails to
7institute an action in circuit court within 90 days after the
8filing of the request, the owner or tenant of real property
9within 1200 feet in any direction of the building may institute
10an action in circuit court seeking an order compelling the
11owner or owners of record to demolish, remove garbage, debris,
12and other noxious or unhealthy substances and materials from,
13repair or enclose or to cause to be demolished, have garbage,
14debris, and other noxious or unhealthy substances and materials
15removed from, repaired, or enclosed the building in question. A
16private owner or tenant who institutes an action under the
17preceding sentence shall not be required to pay any fee to the
18clerk of the circuit court. The cost of repair, removal,
19demolition, or enclosure shall be borne by the owner or owners
20of record of the building. In the event the owner or owners of
21record fail to demolish, remove garbage, debris, and other
22noxious or unhealthy substances and materials from, repair, or
23enclose the building within 90 days of the date the court
24entered its order, the owner or tenant who instituted the
25action may request that the court join the municipality as a
26party to the action. The court may order the municipality to

 

 

10100SB2052sam002- 15 -LRB101 09907 AWJ 59247 a

1demolish, remove materials from, repair, or enclose the
2building, or cause that action to be taken upon the request of
3any owner or tenant who instituted the action or upon the
4municipality's request. The municipality may file, and the
5court may approve, a plan for rehabilitating the building in
6question. A court order authorizing the municipality to
7demolish, remove materials from, repair, or enclose a building,
8or cause that action to be taken, shall not preclude the court
9from adjudging the owner or owners of record of the building in
10contempt of court due to the failure to comply with the order
11to demolish, remove garbage, debris, and other noxious or
12unhealthy substances and materials from, repair, or enclose the
13building.
14    If a municipality or a person or persons other than the
15owner or owners of record pay the cost of demolition, removal
16of garbage, debris, and other noxious or unhealthy substances
17and materials, repair, or enclosure pursuant to a court order,
18the cost, including court costs, attorney's fees, and other
19costs related to the enforcement of this subsection, is
20recoverable from the owner or owners of the real estate and is
21a lien on the real estate; the lien is superior to all prior
22existing liens and encumbrances, except taxes, if, within 180
23days after the repair, removal, demolition, or enclosure, the
24municipality or the person or persons who paid the costs of
25demolition, removal, repair, or enclosure shall file a notice
26of lien of the cost and expense incurred in the office of the

 

 

10100SB2052sam002- 16 -LRB101 09907 AWJ 59247 a

1recorder in the county in which the real estate is located or
2in the office of the registrar of the county if the real estate
3affected is registered under the Registered Titles (Torrens)
4Act. The notice shall be in a form as is provided in subsection
5(a). An owner or tenant who institutes an action in circuit
6court seeking an order to compel the owner or owners of record
7to demolish, remove materials from, repair, or enclose any
8dangerous or unsafe building, or to cause that action to be
9taken under this subsection may recover court costs and
10reasonable attorney's fees for instituting the action from the
11owner or owners of record of the building. Upon payment of the
12costs and expenses by the owner of or a person interested in
13the property after the notice of lien has been filed, the lien
14shall be released by the municipality or the person in whose
15name the lien has been filed or his or her assignee, and the
16release may be filed of record as in the case of filing a
17notice of lien. Unless the lien is enforced under subsection
18(c), the lien may be enforced by foreclosure proceedings as in
19the case of mortgage foreclosures under Article XV of the Code
20of Civil Procedure or mechanics' lien foreclosures. An action
21to foreclose this lien may be commenced at any time after the
22date of filing of the notice of lien. The costs of foreclosure
23incurred by the municipality, including court costs,
24reasonable attorneys' fees, advances to preserve the property,
25and other costs related to the enforcement of this subsection,
26plus statutory interest, are a lien on the real estate and are

 

 

10100SB2052sam002- 17 -LRB101 09907 AWJ 59247 a

1recoverable by the municipality from the owner or owners of the
2real estate.
3    All liens arising under the terms of this subsection (b)
4shall be assignable. The assignee of the lien shall have the
5same power to enforce the lien as the assigning party, except
6that the lien may not be enforced under subsection (c).
7    (c) In any case where a municipality has obtained a lien
8under subsection (a), (b), or (f), the municipality may enforce
9the lien under this subsection (c) in the same proceeding in
10which the lien is authorized.
11    A municipality desiring to enforce a lien under this
12subsection (c) shall petition the court to retain jurisdiction
13for foreclosure proceedings under this subsection. Notice of
14the petition shall be served, by certified or registered mail,
15on all persons who were served notice under subsection (a),
16(b), or (f). The court shall conduct a hearing on the petition
17not less than 15 days after the notice is served. If the court
18determines that the requirements of this subsection (c) have
19been satisfied, it shall grant the petition and retain
20jurisdiction over the matter until the foreclosure proceeding
21is completed. The costs of foreclosure incurred by the
22municipality, including court costs, reasonable attorneys'
23fees, advances to preserve the property, and other costs
24related to the enforcement of this subsection, plus statutory
25interest, are a lien on the real estate and are recoverable by
26the municipality from the owner or owners of the real estate.

 

 

10100SB2052sam002- 18 -LRB101 09907 AWJ 59247 a

1If the court denies the petition, the municipality may enforce
2the lien in a separate action as provided in subsection (a),
3(b), or (f).
4    All persons designated in Section 15-1501 of the Code of
5Civil Procedure as necessary parties in a mortgage foreclosure
6action shall be joined as parties before issuance of an order
7of foreclosure. Persons designated in Section 15-1501 of the
8Code of Civil Procedure as permissible parties may also be
9joined as parties in the action.
10    The provisions of Article XV of the Code of Civil Procedure
11applicable to mortgage foreclosures shall apply to the
12foreclosure of a lien under this subsection (c), except to the
13extent that those provisions are inconsistent with this
14subsection. For purposes of foreclosures of liens under this
15subsection, however, the redemption period described in
16subsection (b) of Section 15-1603 of the Code of Civil
17Procedure shall end 30 60 days after the date of entry of the
18order of foreclosure.
19    (d) In addition to any other remedy provided by law, the
20corporate authorities of any municipality may petition the
21circuit court to have property declared abandoned under this
22subsection (d) if:
23        (1) the property is unoccupied by persons legally in
24    possession;
25        (2) the property has 2 or more years of delinquent
26    taxes or the property has had no water use for the past

 

 

10100SB2052sam002- 19 -LRB101 09907 AWJ 59247 a

1    year; and
2        (3) the property's condition impairs public health,
3    safety, or welfare for reasons specified in the petition.
4        (1) the property has been tax delinquent for 2 or more
5    years or bills for water service for the property have been
6    outstanding for 2 or more years;
7        (2) the property is unoccupied by persons legally in
8    possession; and
9        (3) the property contains a dangerous or unsafe
10    building for reasons specified in the petition.
11    All persons having an interest of record in the property,
12including tax purchasers and beneficial owners of any Illinois
13land trust having title to the property, shall be named as
14defendants in the petition and shall be served with process. In
15addition, service shall be had under Section 2-206 of the Code
16of Civil Procedure as in other cases affecting property.
17    The municipality, however, may proceed under this
18subsection in a proceeding brought under subsection (a) or (b).
19Notice of the petition shall be served in person or by
20certified or registered mail on all persons who were served
21notice under subsection (a) or (b).
22    If the municipality proves that the conditions described in
23this subsection exist and (i) the owner of record of the
24property does not enter an appearance in the action, or, if
25title to the property is held by an Illinois land trust, if
26neither the owner of record nor the owner of the beneficial

 

 

10100SB2052sam002- 20 -LRB101 09907 AWJ 59247 a

1interest of the trust enters an appearance, or (ii) if the
2owner of record or the beneficiary of a land trust, if title to
3the property is held by an Illinois land trust, enters an
4appearance and specifically waives his or her rights under this
5subsection (d), the court shall declare the property abandoned.
6Notwithstanding any waiver, the municipality may move to
7dismiss its petition at any time. In addition, any waiver in a
8proceeding under this subsection (d) does not serve as a waiver
9for any other proceeding under law or equity.
10    If that determination is made, notice shall be sent in
11person or by certified or registered mail to all persons having
12an interest of record in the property, including tax purchasers
13and beneficial owners of any Illinois land trust having title
14to the property, stating that title to the property will be
15transferred to the municipality unless, within 30 days of the
16notice, the owner of record or any other person having an
17interest in the property files with the court a request to
18demolish all the dangerous or unsafe buildings building or to
19put the property building in safe condition, or unless the
20owner of record enters an appearance and proves that the owner
21does not intend to abandon the property.
22    If the owner of record enters an appearance in the action
23within the 30 day period, but does not at that time file with
24the court a request to demolish any the dangerous or unsafe
25building or to put the property building in safe condition, or
26specifically waive his or her rights under this subsection (d),

 

 

10100SB2052sam002- 21 -LRB101 09907 AWJ 59247 a

1the court shall vacate its order declaring the property
2abandoned if it determines that the owner of record does not
3intend to abandon the property. In that case, the municipality
4may amend its complaint in order to initiate proceedings under
5subsection (a), or it may request that the court order the
6owner to demolish any unsafe or dangerous the building or
7repair any the dangerous or unsafe conditions of the property
8building alleged in the petition or seek the appointment of a
9receiver or other equitable relief to correct the conditions at
10the property. The powers and rights of a receiver appointed
11under this subsection (d) shall include all of the powers and
12rights of a receiver appointed under Section 11-31-2 of this
13Code.
14    If a request to demolish a building or repair the property
15building is filed within the 30 day period, the court shall
16grant permission to the requesting party to demolish the
17building or repair the property within 30 days or to restore
18the building to safe condition within 60 days after the request
19is granted. An extension of that period for up to 60 additional
20days may be given for good cause. If more than one person with
21an interest in the property files a timely request, preference
22shall be given to the owner of record if the owner filed a
23request or, if the owner did not, the person with the lien or
24other interest of the highest priority.
25    If the requesting party (other than the owner of record)
26proves to the court that the building has been demolished or

 

 

10100SB2052sam002- 22 -LRB101 09907 AWJ 59247 a

1put in a safe condition in accordance with the local property
2maintenance and building safety codes within the period of time
3granted by the court, the court shall issue a quitclaim
4judicial deed for the property to the requesting party,
5conveying only the interest of the owner of record, upon proof
6of payment to the municipality of all costs incurred by the
7municipality in connection with the action, including but not
8limited to court costs, attorney's fees, administrative costs,
9the costs, if any, associated with any property maintenance
10building enclosure or removal, and receiver's certificates.
11The interest in the property so conveyed shall be subject to
12all liens and encumbrances on the property. In addition, if the
13interest is conveyed to a person holding a certificate of
14purchase for the property under the Property Tax Code, the
15conveyance shall be subject to the rights of redemption of all
16persons entitled to redeem under that Act, including the
17original owner of record. If the requesting party is the owner
18of record and proves to the court that the building has been
19demolished or put in a safe condition in accordance with the
20local safety codes within the period of time granted by the
21court, the court shall dismiss the proceeding under this
22subsection (d).
23    If the owner of record has not entered an appearance and
24proven that the owner did not intend to abandon the property,
25and if no person with an interest in the property files a
26timely request or if the requesting party fails to demolish the

 

 

10100SB2052sam002- 23 -LRB101 09907 AWJ 59247 a

1building or put the property building in safe condition within
2the time specified by the court, the municipality may petition
3the court to issue a judicial deed for the property to the
4municipality or its designee, if the designee is a public
5agency. A conveyance by judicial deed shall operate to
6extinguish all existing ownership interests in, liens on, and
7other interest in the property, including tax liens, and shall
8extinguish the rights and interests of any and all holders of a
9bona fide certificate of purchase of the property for
10delinquent taxes. Any such bona fide certificate of purchase
11holder shall be entitled to a sale in error as prescribed under
12Section 21-310 of the Property Tax Code.
13    (e) Each municipality may use the provisions of this
14subsection to expedite the removal of certain buildings that
15are a continuing hazard to the community in which the buildings
16they are located.
17    If a residential or commercial building is 3 stories or
18less in height as defined by the municipality's building code,
19and the corporate official designated to be in charge of
20enforcing the municipality's building code determines that the
21building is open and vacant and an immediate and continuing
22hazard to the community in which the building is located, then
23the official shall be authorized to post a notice not less than
242 feet by 2 feet in size on the front of the building. The
25notice shall be dated as of the date of the posting and shall
26state that unless the building is demolished, repaired, or

 

 

10100SB2052sam002- 24 -LRB101 09907 AWJ 59247 a

1enclosed, and unless any garbage, debris, and other hazardous,
2noxious, or unhealthy substances or materials are removed so
3that an immediate and continuing hazard to the community no
4longer exists, then the building may be demolished, repaired,
5or enclosed, or any garbage, debris, and other hazardous,
6noxious, or unhealthy substances or materials may be removed,
7by the municipality.
8    Not later than 30 days following the posting of the notice,
9the municipality shall do all of the following:
10        (1) Cause to be sent, by certified mail, return receipt
11    requested, a Notice to Remediate to all owners of record of
12    the property, the beneficial owners of any Illinois land
13    trust having title to the property, and all lienholders of
14    record in the property, stating the intent of the
15    municipality to demolish, repair, or enclose the building
16    or remove any garbage, debris, or other hazardous, noxious,
17    or unhealthy substances or materials if that action is not
18    taken by the owner or owners.
19        (2) Cause to be published, in a newspaper published or
20    circulated in the municipality where the building is
21    located, a notice setting forth (i) the permanent tax index
22    number and the address of the building, (ii) a statement
23    that the property is open and vacant and constitutes an
24    immediate and continuing hazard to the community, and (iii)
25    a statement that the municipality intends to demolish,
26    repair, or enclose the building or remove any garbage,

 

 

10100SB2052sam002- 25 -LRB101 09907 AWJ 59247 a

1    debris, or other hazardous, noxious, or unhealthy
2    substances or materials if the owner or owners or
3    lienholders of record fail to do so. This notice shall be
4    published for 3 consecutive days.
5        (3) Cause to be recorded the Notice to Remediate mailed
6    under paragraph (1) in the office of the recorder in the
7    county in which the real estate is located or in the office
8    of the registrar of titles of the county if the real estate
9    is registered under the Registered Title (Torrens) Act.
10    Any person or persons with a current legal or equitable
11interest in the property objecting to the proposed actions of
12the corporate authorities may file his or her objection in an
13appropriate form in a court of competent jurisdiction.
14    If the building is not demolished, repaired, or enclosed,
15or the garbage, debris, or other hazardous, noxious, or
16unhealthy substances or materials are not removed, within 30
17days of mailing the notice to the owners of record, the
18beneficial owners of any Illinois land trust having title to
19the property, and all lienholders of record in the property, or
20within 30 days of the last day of publication of the notice,
21whichever is later, the corporate authorities shall have the
22power to demolish, repair, or enclose the building or to remove
23any garbage, debris, or other hazardous, noxious, or unhealthy
24substances or materials.
25    The municipality may proceed to demolish, repair, or
26enclose a building or remove any garbage, debris, or other

 

 

10100SB2052sam002- 26 -LRB101 09907 AWJ 59247 a

1hazardous, noxious, or unhealthy substances or materials under
2this subsection within a 180-day 120-day period following the
3date of the mailing of the notice if the appropriate official
4determines that the demolition, repair, enclosure, or removal
5of any garbage, debris, or other hazardous, noxious, or
6unhealthy substances or materials is necessary to remedy the
7immediate and continuing hazard. If, however, before the
8municipality proceeds with any of the actions authorized by
9this subsection, any person with a legal or equitable interest
10in the property has sought a hearing under this subsection
11before a court and has served a copy of the complaint on the
12chief executive officer of the municipality, then the
13municipality shall not proceed with the demolition, repair,
14enclosure, or removal of garbage, debris, or other substances
15until the court determines that that action is necessary to
16remedy the hazard and issues an order authorizing the
17municipality to do so. If the court dismisses the action for
18want of prosecution, the municipality must send the objector a
19copy of the dismissal order and a letter stating that the
20demolition, repair, enclosure, or removal of garbage, debris,
21or other substances will proceed unless, within 30 days after
22the copy of the order and the letter are mailed, the objector
23moves to vacate the dismissal and serves a copy of the motion
24on the chief executive officer of the municipality.
25Notwithstanding any other law to the contrary, if the objector
26does not file a motion and give the required notice, if the

 

 

10100SB2052sam002- 27 -LRB101 09907 AWJ 59247 a

1motion is denied by the court, or if the action is again
2dismissed for want of prosecution, then the dismissal is with
3prejudice and the demolition, repair, enclosure, or removal may
4proceed forthwith.
5    Following the demolition, repair, or enclosure of a
6building, or the removal of garbage, debris, or other
7hazardous, noxious, or unhealthy substances or materials under
8this subsection, the municipality may file a notice of lien
9against the real estate for the cost of the demolition, repair,
10enclosure, or removal incurred by the municipality or its
11agent, including court costs, attorney's fees, and other costs
12related to the enforcement of this Section, including, but not
13limited to: appraisals; environmental reviews; costs assessing
14the risks; police and public safety costs; and building
15inspector costs. The notice must be filed within 180 days after
16the completion of the repair, demolition, enclosure, or removal
17occurred, for the cost and expense incurred, in the office of
18the recorder in the county in which the real estate is located
19or in the office of the registrar of titles of the county if
20the real estate affected is registered under the Registered
21Titles (Torrens) Act. The costs incurred by a municipality is a
22lien on the real estate. Liens under this paragraph have ; this
23lien has priority over the interests of those parties named in
24the Notice to Remediate mailed under paragraph (1), but not
25over the interests of third party purchasers or encumbrancers
26for value who obtained their interests in the property before

 

 

10100SB2052sam002- 28 -LRB101 09907 AWJ 59247 a

1obtaining actual or constructive notice of the lien. Costs
2incurred under this subsection (e) are also recoverable from
3the owner or owners of the real estate, or from the previous
4owner if the property is transferred following the recording of
5the notice of intent to demolish as provided for under this
6Section, in the manner as provided for in subsection (g). The
7notice of lien shall consist of a sworn statement setting forth
8(i) a description of the real estate, such as the address or
9other description of the property, sufficient for its
10identification; (ii) the expenses incurred by the municipality
11in undertaking the remedial actions authorized under this
12subsection; (iii) the date or dates the expenses were incurred
13by the municipality; (iv) a statement by the corporate official
14responsible for enforcing the building code that the building
15was open and vacant and constituted an immediate and continuing
16hazard to the community; (v) a statement by the corporate
17official that the required sign was posted on the building,
18that notice was sent by certified mail to the owners of record,
19and that notice was published in accordance with this
20subsection; and (vi) a statement as to when and where the
21notice was published. The lien authorized by this subsection
22may thereafter be released or enforced by the municipality as
23provided in subsection (a).
24    (f) The corporate authorities of each municipality may
25remove or cause the removal of, or otherwise environmentally
26remediate hazardous substances and petroleum products on, in,

 

 

10100SB2052sam002- 29 -LRB101 09907 AWJ 59247 a

1or under any abandoned and unsafe property within the territory
2of a municipality. In addition, where preliminary evidence
3indicates the presence or likely presence of a hazardous
4substance or a petroleum product or a release or a substantial
5threat of a release of a hazardous substance or a petroleum
6product on, in, or under the property, the corporate
7authorities of the municipality may inspect the property and
8test for the presence or release of hazardous substances and
9petroleum products. In any county having adopted by referendum
10or otherwise a county health department as provided by Division
115-25 of the Counties Code or its predecessor, the county board
12of that county may exercise the above-described powers with
13regard to property within the territory of any city, village,
14or incorporated town having less than 50,000 population.
15    For purposes of this subsection (f):
16        (1) "property" or "real estate" means all real
17    property, whether or not improved by a structure;
18        (2) "abandoned" means;
19            (A) the property has been tax delinquent for 2 or
20        more years;
21            (B) the property is unoccupied by persons legally
22        in possession; and
23        (3) "unsafe" means property that presents an actual or
24    imminent threat to public health and safety caused by the
25    release of hazardous substances; and
26        (4) "hazardous substances" means the same as in Section

 

 

10100SB2052sam002- 30 -LRB101 09907 AWJ 59247 a

1    3.215 of the Environmental Protection Act.
2    The corporate authorities shall apply to the circuit court
3of the county in which the property is located (i) for an order
4allowing the municipality to enter the property and inspect and
5test substances on, in, or under the property; or (ii) for an
6order authorizing the corporate authorities to take action with
7respect to remediation of the property if conditions on the
8property, based on the inspection and testing authorized in
9paragraph (i), indicate the presence of hazardous substances or
10petroleum products. Remediation shall be deemed complete for
11purposes of paragraph (ii) above when the property satisfies
12Tier I, II, or III remediation objectives for the property's
13most recent usage, as established by the Environmental
14Protection Act, and the rules and regulations promulgated
15thereunder. Where, upon diligent search, the identity or
16whereabouts of the owner or owners of the property, including
17the lien holders of record, is not ascertainable, notice mailed
18to the person or persons in whose name the real estate was last
19assessed is sufficient notice under this Section.
20    The court shall grant an order authorizing testing under
21paragraph (i) above upon a showing of preliminary evidence
22indicating the presence or likely presence of a hazardous
23substance or a petroleum product or a release of or a
24substantial threat of a release of a hazardous substance or a
25petroleum product on, in, or under abandoned property. The
26preliminary evidence may include, but is not limited to,

 

 

10100SB2052sam002- 31 -LRB101 09907 AWJ 59247 a

1evidence of prior use, visual site inspection, or records of
2prior environmental investigations. The testing authorized by
3paragraph (i) above shall include any type of investigation
4which is necessary for an environmental professional to
5determine the environmental condition of the property,
6including but not limited to performance of soil borings and
7groundwater monitoring. The court shall grant a remediation
8order under paragraph (ii) above where testing of the property
9indicates that it fails to meet the applicable remediation
10objectives. The hearing upon the application to the circuit
11court shall be expedited by the court and shall be given
12precedence over all other suits.
13    The cost of the inspection, testing, or remediation
14incurred by the municipality or by a lien holder of record,
15including court costs, attorney's fees, and other costs related
16to the enforcement of this Section, is a lien on the real
17estate; except that in any instances where a municipality
18incurs costs of inspection and testing but finds no hazardous
19substances or petroleum products on the property that present
20an actual or imminent threat to public health and safety, such
21costs are not recoverable from the owners nor are such costs a
22lien on the real estate. The lien is superior to all prior
23existing liens and encumbrances, except taxes and any lien
24obtained under subsection (a) or (e), if, within 180 days after
25the completion of the inspection, testing, or remediation, the
26municipality or the lien holder of record who incurred the cost

 

 

10100SB2052sam002- 32 -LRB101 09907 AWJ 59247 a

1and expense shall file a notice of lien for the cost and
2expense incurred in the office of the recorder in the county in
3which the real estate is located or in the office of the
4registrar of titles of the county if the real estate affected
5is registered under the Registered Titles (Torrens) Act.
6    The notice must consist of a sworn statement setting out
7(i) a description of the real estate sufficient for its
8identification, (ii) the amount of money representing the cost
9and expense incurred, and (iii) the date or dates when the cost
10and expense was incurred by the municipality or the lien holder
11of record. Upon payment of the lien amount by the owner of or
12persons interested in the property after the notice of lien has
13been filed, a release of lien shall be issued by the
14municipality, the person in whose name the lien has been filed,
15or the assignee of the lien, and the release may be filed of
16record as in the case of filing notice of lien.
17    The lien may be enforced under subsection (c) or by
18foreclosure proceedings as in the case of mortgage foreclosures
19under Article XV of the Code of Civil Procedure or mechanics'
20lien foreclosures; provided that where the lien is enforced by
21foreclosure under subsection (c) or under either statute, the
22municipality may not proceed against the other assets of the
23owner or owners of the real estate for any costs that otherwise
24would be recoverable under this Section but that remain
25unsatisfied after foreclosure except where such additional
26recovery is authorized by separate environmental laws. An

 

 

10100SB2052sam002- 33 -LRB101 09907 AWJ 59247 a

1action to foreclose this lien may be commenced at any time
2after the date of filing of the notice of lien. The costs of
3foreclosure incurred by the municipality, including court
4costs, reasonable attorney's fees, advances to preserve the
5property, and other costs related to the enforcement of this
6subsection, plus statutory interest, are a lien on the real
7estate.
8    All liens arising under this subsection (f) shall be
9assignable. The assignee of the lien shall have the same power
10to enforce the lien as the assigning party, except that the
11lien may not be enforced under subsection (c).
12    (g) In any case where a municipality has obtained a lien
13under subsection (a) or (e), the municipality may also bring an
14action for a money judgment against the owner or owners of the
15real estate in the amount of the lien in the same manner as
16provided for bringing causes of action in Article II of the
17Code of Civil Procedure and, upon obtaining a judgment, file a
18judgment lien against all of the real estate of the owner or
19owners and enforce that lien as provided for in Article XII of
20the Code of Civil Procedure.
21    (h) Under this Section:
22    "Demolition" includes, but is not limited to: the
23destruction and removal of structures on a certain parcel,
24including accessory structures and any foundation,
25disconnection of any utilities, repair of the soils to grade
26level and installation of grass or other greenery on the

 

 

10100SB2052sam002- 34 -LRB101 09907 AWJ 59247 a

1parcel.
2    "Public agency" means a municipality or county of the State
3of Illinois and any combination of municipalities and counties
4pursuant to an intergovernmental agreement that includes
5provisions for a governing body of the agency created by the
6agreement.
7(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)".