Full Text of HB4123 102nd General Assembly
HB4123ham001 102ND GENERAL ASSEMBLY | Rep. Andrew S. Chesney Filed: 2/22/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4123
| 2 | | AMENDMENT NO. ______. Amend House Bill 4123 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 11-20-7 and 11-20-15 as follows:
| 6 | | (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
| 7 | | Sec. 11-20-7. Cutting and removal of neglected weeds, | 8 | | grass, trees, and bushes ; property between sidewalk and | 9 | | roadway . | 10 | | (a) The corporate authorities of each municipality may | 11 | | provide
for the removal of nuisance greenery from any parcel | 12 | | of private property within the municipality if the owners of | 13 | | that parcel, after reasonable notice, refuse or neglect to | 14 | | remove the nuisance greenery. The municipality may collect, | 15 | | from the owners of that parcel,
the reasonable removal cost. | 16 | | |
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| 1 | | (b) The municipality's removal cost under subsection (a) | 2 | | this Section is a lien upon the underlying parcel in | 3 | | accordance with Section 11-20-15. | 4 | | (b-5) For property that is between a municipality's | 5 | | sidewalk and roadway, an owner or occupant of the parcel | 6 | | abutting the sidewalk, or person or entity that holds an | 7 | | easement or right-of-way over the property, may be required by | 8 | | the corporate authorities of the municipality to remove | 9 | | nuisance greenery from the property or otherwise maintain the | 10 | | property. If the owner or occupant of the parcel abutting the | 11 | | sidewalk, or person or entity that holds an easement or | 12 | | right-of-way over the property, fails to remove nuisance | 13 | | greenery or maintain the property between the sidewalk and the | 14 | | roadway, the corporate authorities may provide for the removal | 15 | | of nuisance greenery or required maintenance after reasonable | 16 | | notice. The municipality may collect, from the owners or | 17 | | occupants of the parcel abutting the sidewalk, or person or | 18 | | entity that holds an easement or right-of-way over the | 19 | | property between the sidewalk and the roadway, the reasonable | 20 | | removal cost or required maintenance cost. The municipality's | 21 | | removal cost or maintenance cost under this subsection is a | 22 | | lien upon the parcel abutting the sidewalk in accordance with | 23 | | Section 11-20-15. | 24 | | (c) For the purpose of this Section: | 25 | | "Removal of nuisance greenery" or "removal activities" | 26 | | means the cutting of weeds or grass, the trimming of trees or |
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| 1 | | bushes, and the removal of nuisance bushes or trees. | 2 | | "Removal cost" means the total cost of the removal | 3 | | activity.
| 4 | | (d) In the case of an abandoned residential property as | 5 | | defined in Section 11-20-15.1, the municipality may elect to | 6 | | obtain a lien for the removal cost pursuant to Section | 7 | | 11-20-15.1, in which case the provisions of Section 11-20-15.1 | 8 | | shall be the exclusive remedy for the removal cost. | 9 | | The provisions of this subsection (d), other than this | 10 | | sentence, are inoperative upon certification by the Secretary | 11 | | of the Illinois Department of Financial and Professional | 12 | | Regulation, after consultation with the United States | 13 | | Department of Housing and Urban Development, that the Mortgage | 14 | | Electronic Registration System program is effectively | 15 | | registering substantially all mortgaged residential properties | 16 | | located in the State of Illinois, is available for access by | 17 | | all municipalities located in the State of Illinois without | 18 | | charge to them, and such registration includes the telephone | 19 | | number for the mortgage servicer. | 20 | | (Source: P.A. 95-183, eff. 8-14-07; 96-462, eff. 8-14-09; | 21 | | 96-856, eff. 3-1-10.)
| 22 | | (65 ILCS 5/11-20-15) | 23 | | Sec. 11-20-15. Lien for removal or maintenance costs. | 24 | | (a) If the municipality incurs a removal cost under | 25 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect |
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| 1 | | to any parcel of private property upon which a removal | 2 | | activity was performed underlying parcel , then that cost is a | 3 | | lien upon that underlying parcel. This lien is superior to all | 4 | | other liens and encumbrances, except tax liens and as | 5 | | otherwise provided in subsection (c)
of this Section. | 6 | | If a municipality incurs a removal cost or maintenance | 7 | | cost under Section 11-20-7 with respect to property that is | 8 | | between a municipality's sidewalk and roadway, then that cost | 9 | | is a lien upon the parcel abutting the sidewalk. This lien is | 10 | | superior to all other liens and encumbrances, except tax liens | 11 | | and as otherwise provided in subsection (c)
of this Section. | 12 | | (b) To perfect a lien under this Section, the municipality | 13 | | must, within one year after the removal cost or maintenance | 14 | | cost is incurred, file notice of lien in the office of the | 15 | | recorder in the county in which the underlying parcel is | 16 | | located or, if the underlying parcel is registered under the | 17 | | Torrens system, in the office of the Registrar of Titles of | 18 | | that county . The notice must consist of a sworn statement | 19 | | setting out: | 20 | | (1) a description of the underlying parcel that | 21 | | sufficiently identifies the parcel; | 22 | | (2) the amount of the removal cost or maintenance | 23 | | cost ; and | 24 | | (3) the date or dates when the removal cost or | 25 | | maintenance cost was incurred by the municipality. | 26 | | If, for any one parcel, the municipality engaged in any |
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| 1 | | removal activity or maintenance activity on more than one | 2 | | occasion during the course of one year, then the municipality | 3 | | may combine any or all of the costs of each of those activities | 4 | | into a single notice of lien. | 5 | | (c) A lien under this Section is not valid as to: (i) any | 6 | | purchaser whose rights in and to the underlying parcel arose | 7 | | after the removal activity or maintenance activity but before | 8 | | the filing of the notice of lien; or (ii) any mortgagee, | 9 | | judgment creditor, or other lienor whose rights in and to the | 10 | | underlying parcel arose before the filing of the notice of | 11 | | lien. | 12 | | (d) The removal cost or maintenance cost is not a lien on | 13 | | the underlying parcel unless a notice is personally served on, | 14 | | or sent by certified mail to, the person to whom was sent the | 15 | | tax bill for the general taxes on the property for the taxable | 16 | | year immediately preceding the removal activities or | 17 | | maintenance activities . The notice must be delivered or sent | 18 | | after the removal activities or maintenance activities have | 19 | | been performed, and it must: (i) state the substance of this | 20 | | Section and the substance of any ordinance of the municipality | 21 | | implementing this Section; (ii) identify the underlying | 22 | | parcel, by common description; and (iii) describe the removal | 23 | | activity or maintenance activity . | 24 | | (e) A lien under this Section may be enforced by | 25 | | proceedings to foreclose as in case of mortgages or mechanics' | 26 | | liens. An action to foreclose a lien under this Section must be |
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| 1 | | commenced within 2 years after the date of filing notice of | 2 | | lien. | 3 | | (f) Any person who performs a removal activity or | 4 | | maintenance activity by the authority of the municipality may, | 5 | | in his or her own name, file a lien and foreclose on that lien | 6 | | in the same manner as a municipality under this Section. | 7 | | (g) A failure to file a foreclosure action does not, in any | 8 | | way, affect the validity of the lien against the underlying | 9 | | parcel. | 10 | | (h) Upon payment of the lien cost by the owner of the | 11 | | underlying parcel after notice of lien has been filed, the | 12 | | municipality (or its agent under subsection (f)) shall release | 13 | | the lien, and the release may be filed of record by the owner | 14 | | at his or her sole expense as in the case of filing notice of | 15 | | lien. | 16 | | (i) For the purposes of this Section: | 17 | | "Lien cost" means the removal cost or maintenance cost and | 18 | | the filing costs for any notice of lien under subsection (b). | 19 | | "Removal activity" means any activity for which a removal | 20 | | cost was incurred. | 21 | | "Removal cost" means a removal cost as defined under | 22 | | Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13. | 23 | | "Underlying parcel" means (i) a parcel of private property | 24 | | upon which a removal activity was performed or (ii) a parcel | 25 | | abutting a sidewalk where removal activity or maintenance | 26 | | activity was performed . |
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| 1 | | "Year" means a 365-day period. | 2 | | (j) This Section applies only to liens filed after August | 3 | | 14, 2009 (the effective date of Public Act 96-462).
| 4 | | (k) This Section shall not apply to a lien filed pursuant | 5 | | to Section 11-20-15.1. | 6 | | (Source: P.A. 96-462, eff. 8-14-09; 96-856, eff. 3-1-10; | 7 | | 96-1000, eff. 7-2-10.)".
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