HB1881 95TH GENERAL ASSEMBLY

LRB095 03849 HLH 23880 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1881

Introduced 2/23/2007, by Rep. Kathleen A. Ryg

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-60-2

from Ch. 24, par. 11-60-2

Amends the Municipal Code. Provides that a municipality may collect from the owner of record of property located within the municipality the reasonable cost of abating a nuisance on property. Provides that, in order to collect the cost of abatement, the municipality must show that (i) it provided reasonable notice of the nuisance to the owner of record, (ii) the owner failed to take steps to abate the nuisance, and (iii) the nuisance was remedied at the expense of the municipality. Provides that the municipality, or a person performing service on behalf of the municipality, may impose a lien on the property in order to recover the cost of abating the nuisance. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 11-60-2 as follows:

(65 ILCS 5/11-60-2) (from Ch. 24, par. 11-60-2)

Sec. 11-60-2. The corporate authorities of each municipality may define, prevent, and abate nuisances. The corporate authorities of each municipality may collect from the owner of record of property located within the municipality the reasonable cost of abating a nuisance located on the property. Before it may collect the cost, the municipality must show: (i) that the municipality provided reasonable notice to the owner that a nuisance exists, (ii) that the owner failed to take steps to abate the nuisance, and (iii) that the nuisance was subsequently remedied at the expense of the municipality. Any cost imposed under this Section is a lien upon the real estate affected, superior to all subsequent liens and encumbrances except tax liens. Within 60 days after such cost and expense is incurred, the municipality or person performing the service by authority of the municipality, in his or its own name, must file notice of the lien in the office of the recorder or the registrar of titles, as applicable, in the county in which such real estate is located. The notice shall consist of a sworn statement setting out (i) a description of the real estate sufficient to identify it, (ii) the amount of the cost and expenses incurred or payable for the service, and (iii) the date or dates when such cost and expense was incurred by the municipality. However, the lien shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to the abatement of the nuisance and prior to the filing of such notice, and the lien of such municipality shall not be valid as to any mortgagee, judgment creditor, or other lienor whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed, and the release may be filed of record as in the case of filing notice of lien.

The cost of the nuisance abatement shall not be a lien on the real estate affected unless a notice is personally served on, or sent by certified mail to, the owner of record for the property. The notice shall be delivered or sent after the abatement of the nuisance on the property. The notice shall state the substance of this Section and the substance of any ordinance of the municipality implementing this Section and shall identify the property, by common description, and state the nature and the location of the nuisance that was abated.

(Source: Laws 1961, p. 576.)

Section 99. Effective date. This Act takes effect upon becoming law.