HB0621 Engrossed LRB096 03501 RLJ 13526 b

1     AN ACT concerning local government.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Township Code is amended by changing Section
5 105-15 as follows:
 
6     (60 ILCS 1/105-15)
7     Sec. 105-15. Weed cutting.
8     (a) The township board may provide for the cutting of weeds
9 or grass, the trimming of trees or bushes, the removal of
10 nuisance bushes or trees, or the maintenance of a retention
11 pond or detention pond on any real estate in residential areas
12 in the township no sooner than 7 days after notifying the owner
13 or the appropriate property owners association by mail of the
14 intended weed or grass cutting, bush or tree trimming, nuisance
15 bush or tree removal, or pond maintenance when the owners of
16 the real estate refuse or neglect to cut the weeds or grass,
17 trim the trees or bushes, remove the nuisance bushes or trees,
18 or maintain the pond. The board may collect from the owners the
19 reasonable cost of cutting the weeds or grass, trimming the
20 trees or bushes, removing the nuisance bushes or trees, or
21 maintaining the pond.
22     (b) This cost is a lien upon the real estate affected,
23 superior to all other liens and encumbrances except tax liens,

 

 

HB0621 Engrossed - 2 - LRB096 03501 RLJ 13526 b

1 if within 60 days after the cost and expense is incurred, the
2 township or person performing the service by authority of the
3 township in his or its own name files a notice of lien in the
4 office of the recorder in the county in which the real estate
5 is located or in the office of the registrar of titles of the
6 county if the real estate affected is registered under the
7 Registered Titles (Torrens) Act. The notice shall consist of a
8 sworn statement setting out (i) a description of the real
9 estate sufficient for its identification, (ii) the amount of
10 money representing the cost and expense incurred or payable for
11 the service, and (iii) the date or dates when the cost and
12 expense was incurred by the township. The lien of the township
13 shall not be valid, however, as to any purchaser whose rights
14 in and to the real estate have arisen after the weed or grass
15 cutting, bush or tree trimming, nuisance bush or tree removal,
16 weed-cutting or pond maintenance and before the filing of the
17 notice, and the lien of the township shall not be valid as to
18 any mortgagee, judgment creditor, or other lienholder whose
19 rights in and to the real estate arise before the filing of the
20 notice. Upon payment of the cost and expense by the owner of or
21 persons interested in the property after the notice of lien has
22 been filed, the lien shall be released by the township or
23 person in whose name the lien has been filed. The release may
24 be filed of record as in the case of filing a notice of lien.
25     (c) No provision of this Section applies to any nature
26 preserve or other area that has been designated as a

 

 

HB0621 Engrossed - 3 - LRB096 03501 RLJ 13526 b

1 conservation area.
2     (d) In addition to any lien or foreclosure action related
3 thereto, a township may institute a civil action or proceeding
4 to recover the amount of money owed for any service performed
5 pursuant to subsection (a).
6 (Source: P.A. 87-1194; 88-62.)
 
7     Section 99. Effective date. This Act takes effect upon
8 becoming law.