HB4123 102ND GENERAL ASSEMBLY

LRB102 19309 AWJ 28075 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4123

Introduced 9/3/2021, by Rep. Andrew S. Chesney

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-20-7

from Ch. 24, par. 11-20-7

Amends the Illinois Municipal Code. Provides that the corporate authorities of each municipality may require the owner or occupant of a parcel to remove nuisance greenery or maintain the property abutting the parcel between the sidewalk and the roadway. Provides that the owner or occupant of the parcel shall be liable for injuries sustained by a person due to lack of removal of nuisance greenery or lack of maintenance. Provides that, if the owner or occupant of a parcel fails to remove nuisance greenery or maintain the property abutting the parcel between the sidewalk and the roadway, the corporate authorities may provide for the removal of nuisance.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT 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 Sections 11-20-7 and 11-80-13 as follows:

(65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)

Sec. 11-20-7. Cutting and removal of neglected weeds, grass, trees, and bushes.

(a) The corporate authorities of each municipality may provide for the removal of nuisance greenery from any parcel of private property within the municipality if the owners of that parcel, after reasonable notice, refuse or neglect to remove the nuisance greenery. The municipality may collect, from the owners of that parcel, the reasonable removal cost.

(a-5) The corporate authorities of each municipality may require the owner or occupant of a parcel to remove nuisance greenery or maintain the property abutting the parcel between the sidewalk and the roadway. The owner or occupant of the parcel shall be liable for injuries sustained by a person due to lack of removal of nuisance greenery or lack of maintenance. If the owner or occupant of a parcel fails to remove nuisance greenery or maintain the property abutting the parcel between the sidewalk and the roadway, the corporate authorities may provide for the removal under subsection (a).

(b) The municipality's removal cost under this Section is a lien upon the underlying parcel in accordance with Section 11-20-15.

(c) For the purpose of this Section:

"Removal of nuisance greenery" or "removal activities" means the cutting of weeds or grass, the trimming of trees or bushes, and the removal of nuisance bushes or trees.

"Removal cost" means the total cost of the removal activity.

(d) In the case of an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to obtain a lien for the removal cost pursuant to Section 11-20-15.1, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the removal cost.

The provisions of this subsection (d), other than this sentence, are inoperative upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer.

(Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; 96-856, eff. 3-1-10.)