HB0621 96TH GENERAL ASSEMBLY

LRB096 03501 RLJ 13526 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0621

Introduced 2/6/2009, by Rep. Mike Fortner

SYNOPSIS AS INTRODUCED:

60 ILCS 1/105-15

Amends the Township Code. Provides that a township may provide for the cutting of grass, the trimming of trees or bushes, and the removal of nuisance trees or bushes (in addition to the cutting of weeds and the maintenance of a retention pond or detention pond). Provides for a lien and recovery of costs. Provides that the lien must be filed within 180 days (instead of 60 days) after the township or a person performing the service by authority of the township incurs the cost of performing the service. Provides that, in addition to any lien or foreclosure action, a township may institute a civil action or proceeding to recover the amount of money owed for the performance of specified services. 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 Township Code is amended by changing Section 105-15 as follows:

(60 ILCS 1/105-15)

Sec. 105-15. Weed cutting.

(a) The township board may provide for the cutting of weeds or grass, the trimming of trees or bushes, the removal of nuisance bushes or trees, or the maintenance of a retention pond or detention pond on any real estate in residential areas in the township no sooner than 7 days after notifying the owner or the appropriate property owners association by mail of the intended weed or grass cutting, bush or tree trimming, nuisance bush or tree removal, or pond maintenance when the owners of the real estate refuse or neglect to cut the weeds or grass, trim the trees or bushes, remove the nuisance bushes or trees, or maintain the pond. The board may collect from the owners the reasonable cost of cutting the weeds or grass, trimming the trees or bushes, removing the nuisance bushes or trees, or maintaining the pond. If a lien is filed pursuant to subsection (b), the board may collect from the owners reasonable attorneys' fees and filing fees.

(b) This cost is a lien upon the real estate affected, superior to all other liens and encumbrances except tax liens, if within 180 60 days after the cost and expense is incurred, the township or person performing the service by authority of the township in his or its own name files a notice of lien in the office of the recorder in the county in which the real estate is located or in the office of the registrar of titles of the county if the real estate affected is registered under the Registered Titles (Torrens) Act. The notice shall consist of a sworn statement setting out (i) a description of the real estate sufficient for its identification, (ii) the amount of money representing the cost and expense incurred or payable for the service, attorneys' fees, and filing fees, and (iii) the date or dates when the cost and expense was incurred by the township. The lien of the township shall not be valid, however, as to any purchaser whose rights in and to the real estate have arisen after the weed or grass cutting, bush or tree trimming, nuisance bush or tree removal, weed-cutting or pond maintenance and before the filing of the notice, and the lien of the township shall not be valid as to any mortgagee, judgment creditor, or other lienholder whose rights in and to the real estate arise before the filing of the notice. Upon payment of the cost and expense by the owner of or persons interested in the property after the notice of lien has been filed, the lien shall be released by the township or person in whose name the lien has been filed. The release may be filed of record as in the case of filing a notice of lien.

(c) No provision of this Section applies to any nature preserve or other area that has been designated as a conservation area.

(d) In addition to any lien or foreclosure action related thereto, a township may institute a civil action or proceeding to recover the amount of money owed for any service performed pursuant to subsection (a). The township is entitled to reasonable attorneys' fees and filing fees related to the civil action or proceeding. Upon the payment of all costs and fees by the owner or persons interested in the property, any lien filed under subsection (b) shall be released and the action or proceeding dismissed with prejudice.

(Source: P.A. 87-1194; 88-62.)

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