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Full Text of SB1721  102nd General Assembly

SB1721 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1721

 

Introduced 2/26/2021, by Sen. Steve Stadelman

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/21-90
35 ILCS 200/21-215
35 ILCS 200/21-355
55 ILCS 5/5-1121
65 ILCS 5/11-31-1  from Ch. 24, par. 11-31-1

    Amends the Property Tax Code. In provisions about delinquent property, provides that a county may take steps necessary (currently, shall take all steps necessary) to acquire title to the property and may manage and operate the property, including, but not limited to, mowing of grass, removal of nuisance greenery, removal of garbage, waste, debris or other materials, or the demolition, repair, or remediation of unsafe structures. Provides costs to be distributed to taxing districts, including operation and maintenance costs and all costs associated with county staff and overhead used to perform the duties of the trustees. Reduces the maximum penalty bids for the annual tax sale from 18% to 12%. In provisions about redemption of property, limits the assessments of penalties from every 6 months to 12 months. Makes conforming changes. Amends the Counties Code and Illinois Municipal Code. Modifies the requirements to have a circuit court declare property abandoned.


LRB102 14259 AWJ 19611 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB1721LRB102 14259 AWJ 19611 b

1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 21-90, 21-215, and 21-355 as follows:
 
6    (35 ILCS 200/21-90)
7    Sec. 21-90. Purchase and sale by county; distribution of
8proceeds. When any property is delinquent, or is forfeited
9for each of 2 or more years, and is offered for sale under any
10of the provisions of this Code, the County Board of the County
11in which the property is located, in its discretion, may bid,
12or, in the case of forfeited property, may apply to purchase
13it, in the name of the County as trustee for all taxing
14districts having an interest in the property's taxes or
15special assessments for the nonpayment of which the property
16is sold. The presiding officer of the county board, with the
17advice and consent of the Board, may appoint on its behalf some
18officer or person to attend such sales and bid or, in the case
19of forfeited property, to apply to the county clerk to
20purchase. The County shall apply on the bid or purchase the
21unpaid taxes and special assessments due upon the property. No
22cash need be paid. The County may shall take all steps
23necessary to acquire title to the property and may manage and

 

 

SB1721- 2 -LRB102 14259 AWJ 19611 b

1operate the property, including, but not limited to, mowing of
2grass, removal of nuisance greenery, removal of garbage,
3waste, debris or other materials, or the demolition, repair,
4or remediation of unsafe structures. When a county, or other
5taxing district within the county, is a petitioner for a tax
6deed, no filing fee shall be required. When a county or other
7taxing district within the county is the petitioner for a tax
8deed, one petition may be filed including all parcels that are
9tax delinquent within the county or taxing district, and any
10publication made under Section 22-20 of this Code may combine
11all such parcels within a single notice. The notice shall list
12the street or common address, if known, of the parcels for
13informational purposes. The county, as tax creditor and as
14trustee for other tax creditors, or other taxing district
15within the county, shall not be required to allege and prove
16that all taxes and special assessments which become due and
17payable after the sale to the county have been paid nor shall
18the county be required to pay the subsequently accruing taxes
19or special assessments at any time. The county board or its
20designee may prohibit the county collector from including the
21property in the tax sale of one or more subsequent years. The
22lien of taxes and special assessments which become due and
23payable after a sale to a county shall merge in the fee title
24of the county, or other taxing district within the county, on
25the issuance of a deed.
26    The County may sell or assign the property so acquired, or

 

 

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1the certificate of purchase to it, to any party, including
2taxing districts. The proceeds of that sale or assignment,
3less all costs of the county incurred in the acquisition,
4operation, maintenance, and sale or assignment of the
5property, including all costs associated with county staff and
6overhead used to perform the duties of the trustee set forth in
7this Section, shall be distributed to the taxing districts in
8proportion to their respective interests therein.
9    Under Sections 21-110, 21-115, 21-120 and 21-405, a County
10may bid or purchase only in the absence of other bidders.
11(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
 
12    (35 ILCS 200/21-215)
13    Sec. 21-215. Penalty bids. The person at the sale offering
14to pay the amount due on each property for the least penalty
15percentage shall be the purchaser of that property. No bid
16shall be accepted for a penalty exceeding 12% 18% of the amount
17of the tax or special assessment on property.
18(Source: P.A. 86-1431; 86-1480; 88-455.)
 
19    (35 ILCS 200/21-355)
20    Sec. 21-355. Amount of redemption. Any person desiring to
21redeem shall deposit an amount specified in this Section with
22the county clerk of the county in which the property is
23situated, in legal money of the United States, or by cashier's
24check, certified check, post office money order or money order

 

 

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1issued by a financial institution insured by an agency or
2instrumentality of the United States, payable to the county
3clerk of the proper county. The deposit shall be deemed timely
4only if actually received in person at the county clerk's
5office prior to the close of business as defined in Section
63-2007 of the Counties Code on or before the expiration of the
7period of redemption or by United States mail with a post
8office cancellation mark dated not less than one day prior to
9the expiration of the period of redemption. The deposit shall
10be in an amount equal to the total of the following:
11        (a) the certificate amount, which shall include all
12    tax principal, special assessments, interest and penalties
13    paid by the tax purchaser together with costs and fees of
14    sale and fees paid under Sections 21-295 and 21-315
15    through 21-335;
16        (b) the accrued penalty, computed through the date of
17    redemption as a percentage of the certificate amount, as
18    follows:
19            (1) if the redemption occurs on or before the
20        expiration of 12 6 months from the date of sale, the
21        certificate amount times the penalty bid at sale;
22            (2) if the redemption occurs after 12 6 months
23        from the date of sale, and on or before the expiration
24        of 24 12 months from the date of sale, the certificate
25        amount times 2 times the penalty bid at sale;
26            (3) if the redemption occurs after 24 12 months

 

 

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1        from the date of sale and on or before the expiration
2        of 36 18 months from the date of sale, the certificate
3        amount times 3 times the penalty bid at sale;
4            (4) if the redemption occurs after 18 months from
5        the date of sale and on or before the expiration of 24
6        months from the date of sale, the certificate amount
7        times 4 times the penalty bid at sale;
8            (5) if the redemption occurs after 24 months from
9        the date of sale and on or before the expiration of 30
10        months from the date of sale, the certificate amount
11        times 5 times the penalty bid at sale;
12            (6) if the redemption occurs after 30 months from
13        the date of sale and on or before the expiration of 36
14        months from the date of sale, the certificate amount
15        times 6 times the penalty bid at sale. In the event
16        that the property to be redeemed has been purchased
17        under Section 21-405, the penalty bid shall be 12% per
18        penalty period as set forth in subparagraphs (1)
19        through (3) (6) of this subsection (b). The changes to
20        this subdivision (b)(6) made by this amendatory Act of
21        the 91st General Assembly are not a new enactment, but
22        declaratory of existing law.
23        (c) The total of all taxes, special assessments,
24    accrued interest on those taxes and special assessments
25    and costs charged in connection with the payment of those
26    taxes or special assessments, which have been paid by the

 

 

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1    tax certificate holder on or after the date those taxes or
2    special assessments became delinquent together with 12%
3    penalty on each amount so paid for each year or portion
4    thereof intervening between the date of that payment and
5    the date of redemption. In counties with less than
6    3,000,000 inhabitants, however, a tax certificate holder
7    may not pay all or part of an installment of a subsequent
8    tax or special assessment for any year, nor shall any
9    tender of such a payment be accepted, until after the
10    second or final installment of the subsequent tax or
11    special assessment has become delinquent or until after
12    the holder of the certificate of purchase has filed a
13    petition for a tax deed under Section 22.30. The person
14    redeeming shall also pay the amount of interest charged on
15    the subsequent tax or special assessment and paid as a
16    penalty by the tax certificate holder. This amendatory Act
17    of 1995 applies to tax years beginning with the 1995
18    taxes, payable in 1996, and thereafter.
19        (d) Any amount paid to redeem a forfeiture occurring
20    subsequent to the tax sale together with 12% penalty
21    thereon for each year or portion thereof intervening
22    between the date of the forfeiture redemption and the date
23    of redemption from the sale.
24        (e) Any amount paid by the certificate holder for
25    redemption of a subsequently occurring tax sale.
26        (f) All fees paid to the county clerk under Section

 

 

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1    22-5.
2        (g) All fees paid to the registrar of titles incident
3    to registering the tax certificate in compliance with the
4    Registered Titles (Torrens) Act.
5        (h) All fees paid to the circuit clerk and the
6    sheriff, a licensed or registered private detective, or
7    the coroner in connection with the filing of the petition
8    for tax deed and service of notices under Sections 22-15
9    through 22-30 and 22-40 in addition to (1) a fee of $35 if
10    a petition for tax deed has been filed, which fee shall be
11    posted to the tax judgement, sale, redemption, and
12    forfeiture record, to be paid to the purchaser or his or
13    her assignee; (2) a fee of $4 if a notice under Section
14    22-5 has been filed, which fee shall be posted to the tax
15    judgment, sale, redemption, and forfeiture record, to be
16    paid to the purchaser or his or her assignee; (3) all costs
17    paid to record a lis pendens notice in connection with
18    filing a petition under this Code; and (4) if a petition
19    for tax deed has been filed, all fees up to $150 per
20    redemption paid to a registered or licensed title
21    insurance company or title insurance agent for a title
22    search to identify all owners, parties interested, and
23    occupants of the property, to be paid to the purchaser or
24    his or her assignee. The fees in (1) and (2) of this
25    paragraph (h) shall be exempt from the posting
26    requirements of Section 21-360. The costs incurred in

 

 

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1    causing notices to be served by a licensed or registered
2    private detective under Section 22-15, may not exceed the
3    amount that the sheriff would be authorized by law to
4    charge if those notices had been served by the sheriff.
5        (i) All fees paid for publication of notice of the tax
6    sale in accordance with Section 22-20.
7        (j) All sums paid to any county, city, village or
8    incorporated town for reimbursement under Section 22-35.
9        (k) All costs and expenses of receivership under
10    Section 21-410, to the extent that these costs and
11    expenses exceed any income from the property in question,
12    if the costs and expenditures have been approved by the
13    court appointing the receiver and a certified copy of the
14    order or approval is filed and posted by the certificate
15    holder with the county clerk. Only actual costs expended
16    may be posted on the tax judgment, sale, redemption and
17    forfeiture record.
18(Source: P.A. 98-1162, eff. 6-1-15.)
 
19    Section 10. The Counties Code is amended by changing
20Section 5-1121 as follows:
 
21    (55 ILCS 5/5-1121)
22    Sec. 5-1121. Demolition, repair, or enclosure.
23    (a) The county board of each county may demolish, repair,
24or enclose or cause the demolition, repair, or enclosure of

 

 

SB1721- 9 -LRB102 14259 AWJ 19611 b

1dangerous and unsafe buildings or uncompleted and abandoned
2buildings within the territory of the county, but outside the
3territory of any municipality, and may remove or cause the
4removal of garbage, debris, and other hazardous, noxious, or
5unhealthy substances or materials from those buildings. If a
6township within the county makes a formal request to the
7county board as provided in Section 85-50 of the Township Code
8that the county board commence specified proceedings under
9this Section with respect to property located within the
10township but outside the territory of any municipality, then,
11at the next regular county board meeting occurring at least 10
12days after the formal request is made to the county board, the
13county board shall either commence the requested proceedings
14or decline to do so (either formally or by failing to commence
15the proceedings within 60 days after the request) and shall
16notify the township board making the request of the county
17board's decision. In any county having adopted, by referendum
18or otherwise, a county health department as provided by
19Division 5-25 of the Counties Code or its predecessor, the
20county board of any such county may upon a formal request by
21the city, village, or incorporated town demolish, repair or
22cause the demolition or repair of dangerous and unsafe
23buildings or uncompleted and abandoned buildings within the
24territory of any city, village, or incorporated town having a
25population of less than 50,000.
26    The county board shall apply to the circuit court of the

 

 

SB1721- 10 -LRB102 14259 AWJ 19611 b

1county in which the building is located (i) for an order
2authorizing action to be taken with respect to a building if
3the owner or owners of the building, including the lien
4holders of record, after at least 15 days' written notice by
5mail to do so, have failed to commence proceedings to put the
6building in a safe condition or to demolish it or (ii) for an
7order requiring the owner or owners of record to demolish,
8repair, or enclose the building or to remove garbage, debris,
9and other hazardous, noxious, or unhealthy substances or
10materials from the building. It is not a defense to the cause
11of action that the building is boarded up or otherwise
12enclosed, although the court may order the defendant to have
13the building boarded up or otherwise enclosed. Where, upon
14diligent search, the identity or whereabouts of the owner or
15owners of the building, including the lien holders of record,
16is not ascertainable, notice mailed to the person or persons
17in whose name the real estate was last assessed and the posting
18of such notice upon the premises sought to be demolished or
19repaired is sufficient notice under this Section.
20    The hearing upon the application to the circuit court
21shall be expedited by the court and shall be given precedence
22over all other suits.
23    The cost of the demolition, repair, enclosure, or removal
24incurred by the county, by an intervenor, or by a lien holder
25of record, including court costs, attorney's fees, and other
26costs related to the enforcement of this Section, is

 

 

SB1721- 11 -LRB102 14259 AWJ 19611 b

1recoverable from the owner or owners of the real estate or the
2previous owner or both if the property was transferred during
3the 15 day notice period and is a lien on the real estate; the
4lien is superior to all prior existing liens and encumbrances,
5except taxes, if, within 180 days after the repair,
6demolition, enclosure, or removal, the county, the lien holder
7of record, or the intervenor who incurred the cost and expense
8shall file a notice of lien for the cost and expense incurred
9in the office of the recorder in the county in which the real
10estate is located or in the office of the registrar of titles
11of the county if the real estate affected is registered under
12the Registered Titles (Torrens) Act.
13    The notice must consist of a sworn statement setting out
14(1) a description of the real estate sufficient for its
15identification, (2) the amount of money representing the cost
16and expense incurred, and (3) the date or dates when the cost
17and expense was incurred by the county, the lien holder of
18record, or the intervenor. Upon payment of the cost and
19expense by the owner of or persons interested in the property
20after the notice of lien has been filed, the lien shall be
21released by the county, the person in whose name the lien has
22been filed, or the assignee of the lien, and the release may be
23filed of record as in the case of filing notice of lien. Unless
24the lien is enforced under subsection (b), the lien may be
25enforced by foreclosure proceedings as in the case of mortgage
26foreclosures under Article XV of the Code of Civil Procedure

 

 

SB1721- 12 -LRB102 14259 AWJ 19611 b

1or mechanics' lien foreclosures. An action to foreclose this
2lien may be commenced at any time after the date of filing of
3the notice of lien. The costs of foreclosure incurred by the
4county, including court costs, reasonable attorney's fees,
5advances to preserve the property, and other costs related to
6the enforcement of this subsection, plus statutory interest,
7are a lien on the real estate and are recoverable by the county
8from the owner or owners of the real estate.
9    All liens arising under this subsection (a) shall be
10assignable. The assignee of the lien shall have the same power
11to enforce the lien as the assigning party, except that the
12lien may not be enforced under subsection (b).
13    If the appropriate official of any county determines that
14any dangerous and unsafe building or uncompleted and abandoned
15building within its territory fulfills the requirements for an
16action by the county under the Abandoned Housing
17Rehabilitation Act, the county may petition under that Act in
18a proceeding brought under this subsection.
19    (b) In any case where a county has obtained a lien under
20subsection (a), the county may enforce the lien under this
21subsection (b) in the same proceeding in which the lien is
22authorized.
23    A county desiring to enforce a lien under this subsection
24(b) shall petition the court to retain jurisdiction for
25foreclosure proceedings under this subsection. Notice of the
26petition shall be served, by certified or registered mail, on

 

 

SB1721- 13 -LRB102 14259 AWJ 19611 b

1all persons who were served notice under subsection (a). The
2court shall conduct a hearing on the petition not less than 15
3days after the notice is served. If the court determines that
4the requirements of this subsection (b) have been satisfied,
5it shall grant the petition and retain jurisdiction over the
6matter until the foreclosure proceeding is completed. The
7costs of foreclosure incurred by the county, including court
8costs, reasonable attorneys' fees, advances to preserve the
9property, and other costs related to the enforcement of this
10subsection, plus statutory interest, are a lien on the real
11estate and are recoverable by the county from the owner or
12owners of the real estate. If the court denies the petition,
13the county may enforce the lien in a separate action as
14provided in subsection (a).
15    All persons designated in Section 15-1501 of the Code of
16Civil Procedure as necessary parties in a mortgage foreclosure
17action shall be joined as parties before issuance of an order
18of foreclosure. Persons designated in Section 15-1501 of the
19Code of Civil Procedure as permissible parties may also be
20joined as parties in the action.
21    The provisions of Article XV of the Code of Civil
22Procedure applicable to mortgage foreclosures shall apply to
23the foreclosure of a lien under this subsection (b), except to
24the extent that those provisions are inconsistent with this
25subsection. For purposes of foreclosures of liens under this
26subsection, however, the redemption period described in

 

 

SB1721- 14 -LRB102 14259 AWJ 19611 b

1subsection (b) of Section 15-1603 of the Code of Civil
2Procedure shall end 60 days after the date of entry of the
3order of foreclosure.
4    (c) In addition to any other remedy provided by law, the
5county board of any county may petition the circuit court to
6have property declared abandoned under this subsection (c) if:
7        (1) the property has been tax delinquent for 2 or more
8    years or bills for water service for the property have
9    been outstanding for 2 or more years;
10        (2) the property is unoccupied by persons legally in
11    possession; and
12        (3) the property's condition impairs public health,
13    safety, or welfare for reasons specified in the petition
14    property contains a dangerous or unsafe building.
15    All persons having an interest of record in the property,
16including tax purchasers and beneficial owners of any Illinois
17land trust having title to the property, shall be named as
18defendants in the petition and shall be served with process.
19In addition, service shall be had under Section 2-206 of the
20Code of Civil Procedure as in other cases affecting property.
21At least 30 days prior to any declaration of abandonment, the
22county or its agent shall post a notice not less than 1 foot by
231 foot in size on the front of the subject building or
24property. The notice shall be dated as of the date of the
25posting and state that the county is seeking a declaration of
26abandonment for the property. The notice shall also include

 

 

SB1721- 15 -LRB102 14259 AWJ 19611 b

1the case number for the underlying circuit court petition
2filed pursuant to this subsection and a notification that the
3owner should file an appearance in the matter if the property
4is not abandoned.
5    The county, however, may proceed under this subsection in
6a proceeding brought under subsection (a). Notice of the
7petition shall be served by certified or registered mail on
8all persons who were served notice under subsection (a).
9    If the county proves that the conditions described in this
10subsection exist and the owner of record of the property does
11not enter an appearance in the action, or, if title to the
12property is held by an Illinois land trust, if neither the
13owner of record nor the owner of the beneficial interest of the
14trust enters an appearance, the court shall declare the
15property abandoned.
16    If that determination is made, notice shall be sent by
17certified or registered mail to all persons having an interest
18of record in the property, including tax purchasers and
19beneficial owners of any Illinois land trust having title to
20the property, stating that title to the property will be
21transferred to the county unless, within 30 days of the
22notice, the owner of record enters an appearance in the
23action, or unless any other person having an interest in the
24property files with the court a request to demolish any or all
25the dangerous or unsafe buildings building or to put the
26property building in safe condition.

 

 

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1    If the owner of record enters an appearance in the action
2within the 30 day period, the court shall vacate its order
3declaring the property abandoned. In that case, the county may
4amend its complaint in order to initiate proceedings under
5subsection (a).
6    If a request to demolish any or all dangerous or unsafe
7buildings or to otherwise put the property in safe condition
8or repair the building is filed within the 30 day period, the
9court shall grant permission to the requesting party to
10demolish the building within 30 days or to restore the
11property building to safe condition within 60 days after the
12request is granted. An extension of that period for up to 60
13additional days may be given for good cause. If more than one
14person with an interest in the property files a timely
15request, preference shall be given to the person with the lien
16or other interest of the highest priority.
17    If the requesting party proves to the court that the
18building has been demolished or put in a safe condition within
19the period of time granted by the court, the court shall issue
20a quitclaim judicial deed for the property to the requesting
21party, conveying only the interest of the owner of record,
22upon proof of payment to the county of all costs incurred by
23the county in connection with the action, including but not
24limited to court costs, attorney's fees, administrative costs,
25the costs, if any, associated with property maintenance
26building enclosure or removal, and receiver's certificates.

 

 

SB1721- 17 -LRB102 14259 AWJ 19611 b

1The interest in the property so conveyed shall be subject to
2all liens and encumbrances on the property. In addition, if
3the interest is conveyed to a person holding a certificate of
4purchase for the property under the Property Tax Code, the
5conveyance shall be subject to the rights of redemption of all
6persons entitled to redeem under that Act, including the
7original owner of record.
8    If no person with an interest in the property files a
9timely request or if the requesting party fails to demolish
10the building or put the property building in safe condition
11within the time specified by the court, the county may
12petition the court to issue a judicial deed for the property to
13the county or another governmental body designated by the
14county in the petition. A conveyance by judicial deed shall
15operate to extinguish all existing ownership interests in,
16liens on, and other interest in the property, including tax
17liens.
18    (d) Each county may use the provisions of this subsection
19to expedite the removal of certain buildings that are a
20continuing hazard to the community in which they are located.
21    If the official designated to be in charge of enforcing
22the county's building code determines that a building is open
23and vacant and an immediate and continuing hazard to the
24community in which the building is located, then the official
25shall be authorized to post a notice not less than 2 feet by 2
26feet in size on the front of the building. The notice shall be

 

 

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1dated as of the date of the posting and shall state that unless
2the building is demolished, repaired, or enclosed, and unless
3any garbage, debris, and other hazardous, noxious, or
4unhealthy substances or materials are removed so that an
5immediate and continuing hazard to the community no longer
6exists, then the building may be demolished, repaired, or
7enclosed, or any garbage, debris, and other hazardous,
8noxious, or unhealthy substances or materials may be removed,
9by the county.
10    Not later than 30 days following the posting of the
11notice, the county shall do both of the following:
12        (1) Cause to be sent, by certified mail, return
13    receipt requested, a notice to all owners of record of the
14    property, the beneficial owners of any Illinois land trust
15    having title to the property, and all lienholders of
16    record in the property, stating the intent of the county
17    to demolish, repair, or enclose the building or remove any
18    garbage, debris, or other hazardous, noxious, or unhealthy
19    substances or materials if that action is not taken by the
20    owner or owners.
21        (2) Cause to be published, in a newspaper published or
22    circulated in the county where the building is located, a
23    notice setting forth (i) the permanent tax index number
24    and the address of the building, (ii) a statement that the
25    property is open and vacant and constitutes an immediate
26    and continuing hazard to the community, and (iii) a

 

 

SB1721- 19 -LRB102 14259 AWJ 19611 b

1    statement that the county intends to demolish, repair, or
2    enclose the building or remove any garbage, debris, or
3    other hazardous, noxious, or unhealthy substances or
4    materials if the owner or owners or lienholders of record
5    fail to do so. This notice shall be published for 3
6    consecutive days.
7    A person objecting to the proposed actions of the county
8board may file his or her objection in an appropriate form in a
9court of competent jurisdiction.
10    If the building is not demolished, repaired, or enclosed,
11or the garbage, debris, or other hazardous, noxious, or
12unhealthy substances or materials are not removed, within 30
13days of mailing the notice to the owners of record, the
14beneficial owners of any Illinois land trust having title to
15the property, and all lienholders of record in the property,
16or within 30 days of the last day of publication of the notice,
17whichever is later, the county board shall have the power to
18demolish, repair, or enclose the building or to remove any
19garbage, debris, or other hazardous, noxious, or unhealthy
20substances or materials.
21    The county may proceed to demolish, repair, or enclose a
22building or remove any garbage, debris, or other hazardous,
23noxious, or unhealthy substances or materials under this
24subsection within a 120-day period following the date of the
25mailing of the notice if the appropriate official determines
26that the demolition, repair, enclosure, or removal of any

 

 

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1garbage, debris, or other hazardous, noxious, or unhealthy
2substances or materials is necessary to remedy the immediate
3and continuing hazard. If, however, before the county proceeds
4with any of the actions authorized by this subsection, any
5person has sought a hearing under this subsection before a
6court and has served a copy of the complaint on the chief
7executive officer of the county, then the county shall not
8proceed with the demolition, repair, enclosure, or removal of
9garbage, debris, or other substances until the court
10determines that that action is necessary to remedy the hazard
11and issues an order authorizing the county to do so.
12    Following the demolition, repair, or enclosure of a
13building, or the removal of garbage, debris, or other
14hazardous, noxious, or unhealthy substances or materials under
15this subsection, the county may file a notice of lien against
16the real estate for the cost of the demolition, repair,
17enclosure, or removal within 180 days after the repair,
18demolition, enclosure, or removal occurred, for the cost and
19expense incurred, in the office of the recorder in the county
20in which the real estate is located or in the office of the
21registrar of titles of the county if the real estate affected
22is registered under the Registered Titles (Torrens) Act. The
23notice of lien shall consist of a sworn statement setting
24forth (i) a description of the real estate, such as the address
25or other description of the property, sufficient for its
26identification; (ii) the expenses incurred by the county in

 

 

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1undertaking the remedial actions authorized under this
2subsection; (iii) the date or dates the expenses were incurred
3by the county; (iv) a statement by the official responsible
4for enforcing the building code that the building was open and
5vacant and constituted an immediate and continuing hazard to
6the community; (v) a statement by the official that the
7required sign was posted on the building, that notice was sent
8by certified mail to the owners of record, and that notice was
9published in accordance with this subsection; and (vi) a
10statement as to when and where the notice was published. The
11lien authorized by this subsection may thereafter be released
12or enforced by the county as provided in subsection (a).
13    (e) In any case where a county has obtained a lien under
14subsection (a), the county may also bring an action for a money
15judgment against the owner or owners of the real estate in the
16amount of the lien in the same manner as provided for bringing
17causes of action in Article II of the Code of Civil Procedure
18and, upon obtaining a judgment, file a judgment lien against
19all of the real estate of the owner or owners and enforce that
20lien as provided for in Article XII of the Code of Civil
21Procedure.
22    (f) In addition to any other remedy provided by law, if a
23county finds that within a residential property of 1 acre or
24less there is an accumulation or concentration of: garbage;
25organic materials in an active state of decomposition
26including, but not limited to, carcasses, food waste, or other

 

 

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1spoiled or rotting materials; human or animal waste; debris;
2or other hazardous, noxious, or unhealthy substances or
3materials, which present an immediate threat to the public
4health or safety or the health and safety of the occupants of
5the property, the county may, without any administrative
6procedure to bond, petition the court for immediate injunctive
7relief to abate or cause the abatement of the condition that is
8causing the threat to health or safety, including an order
9causing the removal of any unhealthy or unsafe accumulations
10or concentrations of the material or items listed in this
11subsection from the structure or property. The county shall
12file with the circuit court in which the property is located a
13petition for an order authorizing the abatement of the
14condition that is causing the threat to health or safety. A
15hearing on the petition shall be set within 5 days, not
16including weekends or holidays, from the date of filing. To
17provide notice of such hearing, the county shall make every
18effort to serve the property's owners of record with the
19petition and summons and, if such service cannot be had, shall
20provide an affidavit to the court at the hearing showing the
21service could not be had and the efforts taken to locate and
22serve the owners of record. The county shall also post a sign
23at the property notifying all persons of the court proceeding.
24Following the abatement actions, the county may file a notice
25of lien for the cost and expense of actions taken under this
26subsection as provided in subsection (a).

 

 

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1(Source: P.A. 101-200, eff. 1-1-20.)
 
2    Section 15. The Illinois Municipal Code is amended by
3changing Section 11-31-1 as follows:
 
4    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
5    Sec. 11-31-1. Demolition, repair, enclosure, or
6remediation.
7    (a) The corporate authorities of each municipality may
8demolish, repair, or enclose or cause the demolition, repair,
9or enclosure of dangerous and unsafe buildings or uncompleted
10and abandoned buildings within the territory of the
11municipality and may remove or cause the removal of garbage,
12debris, and other hazardous, noxious, or unhealthy substances
13or materials from those buildings. In any county having
14adopted by referendum or otherwise a county health department
15as provided by Division 5-25 of the Counties Code or its
16predecessor, the county board of that county may exercise
17those powers with regard to dangerous and unsafe buildings or
18uncompleted and abandoned buildings within the territory of
19any city, village, or incorporated town having less than
2050,000 population.
21    The corporate authorities shall apply to the circuit court
22of the county in which the building is located (i) for an order
23authorizing action to be taken with respect to a building if
24the owner or owners of the building, including the lien

 

 

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1holders of record, after at least 15 days' written notice by
2mail so to do, have failed to put the building in a safe
3condition or to demolish it or (ii) for an order requiring the
4owner or owners of record to demolish, repair, or enclose the
5building or to remove garbage, debris, and other hazardous,
6noxious, or unhealthy substances or materials from the
7building. It is not a defense to the cause of action that the
8building is boarded up or otherwise enclosed, although the
9court may order the defendant to have the building boarded up
10or otherwise enclosed. Where, upon diligent search, the
11identity or whereabouts of the owner or owners of the
12building, including the lien holders of record, is not
13ascertainable, notice mailed to the person or persons in whose
14name the real estate was last assessed is sufficient notice
15under this Section.
16    The hearing upon the application to the circuit court
17shall be expedited by the court and shall be given precedence
18over all other suits. Any person entitled to bring an action
19under subsection (b) shall have the right to intervene in an
20action brought under this Section.
21    The cost of the demolition, repair, enclosure, or removal
22incurred by the municipality, by an intervenor, or by a lien
23holder of record, including court costs, attorney's fees, and
24other costs related to the enforcement of this Section, is
25recoverable from the owner or owners of the real estate or the
26previous owner or both if the property was transferred during

 

 

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1the 15 day notice period and is a lien on the real estate; the
2lien is superior to all prior existing liens and encumbrances,
3except taxes, if, within 180 days after the repair,
4demolition, enclosure, or removal, the municipality, the lien
5holder of record, or the intervenor who incurred the cost and
6expense shall file a notice of lien for the cost and expense
7incurred in the office of the recorder in the county in which
8the real estate is located or in the office of the registrar of
9titles of the county if the real estate affected is registered
10under the Registered Titles (Torrens) Act.
11    The notice must consist of a sworn statement setting out
12(1) a description of the real estate sufficient for its
13identification, (2) the amount of money representing the cost
14and expense incurred, and (3) the date or dates when the cost
15and expense was incurred by the municipality, the lien holder
16of record, or the intervenor. Upon payment of the cost and
17expense by the owner of or persons interested in the property
18after the notice of lien has been filed, the lien shall be
19released by the municipality, the person in whose name the
20lien has been filed, or the assignee of the lien, and the
21release may be filed of record as in the case of filing notice
22of lien. Unless the lien is enforced under subsection (c), the
23lien may be enforced by foreclosure proceedings as in the case
24of mortgage foreclosures under Article XV of the Code of Civil
25Procedure or mechanics' lien foreclosures. An action to
26foreclose this lien may be commenced at any time after the date

 

 

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1of filing of the notice of lien. The costs of foreclosure
2incurred by the municipality, including court costs,
3reasonable attorney's fees, advances to preserve the property,
4and other costs related to the enforcement of this subsection,
5plus statutory interest, are a lien on the real estate and are
6recoverable by the municipality from the owner or owners of
7the real estate.
8    All liens arising under this subsection (a) shall be
9assignable. The assignee of the lien shall have the same power
10to enforce the lien as the assigning party, except that the
11lien may not be enforced under subsection (c).
12    If the appropriate official of any municipality determines
13that any dangerous and unsafe building or uncompleted and
14abandoned building within its territory fulfills the
15requirements for an action by the municipality under the
16Abandoned Housing Rehabilitation Act, the municipality may
17petition under that Act in a proceeding brought under this
18subsection.
19    (b) Any owner or tenant of real property within 1200 feet
20in any direction of any dangerous or unsafe building located
21within the territory of a municipality with a population of
22500,000 or more may file with the appropriate municipal
23authority a request that the municipality apply to the circuit
24court of the county in which the building is located for an
25order permitting the demolition, removal of garbage, debris,
26and other noxious or unhealthy substances and materials from,

 

 

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1or repair or enclosure of the building in the manner
2prescribed in subsection (a) of this Section. If the
3municipality fails to institute an action in circuit court
4within 90 days after the filing of the request, the owner or
5tenant of real property within 1200 feet in any direction of
6the building may institute an action in circuit court seeking
7an order compelling the owner or owners of record to demolish,
8remove garbage, debris, and other noxious or unhealthy
9substances and materials from, repair or enclose or to cause
10to be demolished, have garbage, debris, and other noxious or
11unhealthy substances and materials removed from, repaired, or
12enclosed the building in question. A private owner or tenant
13who institutes an action under the preceding sentence shall
14not be required to pay any fee to the clerk of the circuit
15court. The cost of repair, removal, demolition, or enclosure
16shall be borne by the owner or owners of record of the
17building. In the event the owner or owners of record fail to
18demolish, remove garbage, debris, and other noxious or
19unhealthy substances and materials from, repair, or enclose
20the building within 90 days of the date the court entered its
21order, the owner or tenant who instituted the action may
22request that the court join the municipality as a party to the
23action. The court may order the municipality to demolish,
24remove materials from, repair, or enclose the building, or
25cause that action to be taken upon the request of any owner or
26tenant who instituted the action or upon the municipality's

 

 

SB1721- 28 -LRB102 14259 AWJ 19611 b

1request. The municipality may file, and the court may approve,
2a plan for rehabilitating the building in question. A court
3order authorizing the municipality to demolish, remove
4materials from, repair, or enclose a building, or cause that
5action to be taken, shall not preclude the court from
6adjudging the owner or owners of record of the building in
7contempt of court due to the failure to comply with the order
8to demolish, remove garbage, debris, and other noxious or
9unhealthy substances and materials from, repair, or enclose
10the building.
11    If a municipality or a person or persons other than the
12owner or owners of record pay the cost of demolition, removal
13of garbage, debris, and other noxious or unhealthy substances
14and materials, repair, or enclosure pursuant to a court order,
15the cost, including court costs, attorney's fees, and other
16costs related to the enforcement of this subsection, is
17recoverable from the owner or owners of the real estate and is
18a lien on the real estate; the lien is superior to all prior
19existing liens and encumbrances, except taxes, if, within 180
20days after the repair, removal, demolition, or enclosure, the
21municipality or the person or persons who paid the costs of
22demolition, removal, repair, or enclosure shall file a notice
23of lien of the cost and expense incurred in the office of the
24recorder in the county in which the real estate is located or
25in the office of the registrar of the county if the real estate
26affected is registered under the Registered Titles (Torrens)

 

 

SB1721- 29 -LRB102 14259 AWJ 19611 b

1Act. The notice shall be in a form as is provided in subsection
2(a). An owner or tenant who institutes an action in circuit
3court seeking an order to compel the owner or owners of record
4to demolish, remove materials from, repair, or enclose any
5dangerous or unsafe building, or to cause that action to be
6taken under this subsection may recover court costs and
7reasonable attorney's fees for instituting the action from the
8owner or owners of record of the building. Upon payment of the
9costs and expenses by the owner of or a person interested in
10the property after the notice of lien has been filed, the lien
11shall be released by the municipality or the person in whose
12name the lien has been filed or his or her assignee, and the
13release may be filed of record as in the case of filing a
14notice of lien. Unless the lien is enforced under subsection
15(c), the lien may be enforced by foreclosure proceedings as in
16the case of mortgage foreclosures under Article XV of the Code
17of Civil Procedure or mechanics' lien foreclosures. An action
18to foreclose this lien may be commenced at any time after the
19date of filing of the notice of lien. The costs of foreclosure
20incurred by the municipality, including court costs,
21reasonable attorneys' fees, advances to preserve the property,
22and other costs related to the enforcement of this subsection,
23plus statutory interest, are a lien on the real estate and are
24recoverable by the municipality from the owner or owners of
25the real estate.
26    All liens arising under the terms of this subsection (b)

 

 

SB1721- 30 -LRB102 14259 AWJ 19611 b

1shall be assignable. The assignee of the lien shall have the
2same power to enforce the lien as the assigning party, except
3that the lien may not be enforced under subsection (c).
4    (c) In any case where a municipality has obtained a lien
5under subsection (a), (b), or (f), the municipality may
6enforce the lien under this subsection (c) in the same
7proceeding in which the lien is authorized.
8    A municipality desiring to enforce a lien under this
9subsection (c) shall petition the court to retain jurisdiction
10for foreclosure proceedings under this subsection. Notice of
11the petition shall be served, by certified or registered mail,
12on all persons who were served notice under subsection (a),
13(b), or (f). The court shall conduct a hearing on the petition
14not less than 15 days after the notice is served. If the court
15determines that the requirements of this subsection (c) have
16been satisfied, it shall grant the petition and retain
17jurisdiction over the matter until the foreclosure proceeding
18is completed. The costs of foreclosure incurred by the
19municipality, including court costs, reasonable attorneys'
20fees, advances to preserve the property, and other costs
21related to the enforcement of this subsection, plus statutory
22interest, are a lien on the real estate and are recoverable by
23the municipality from the owner or owners of the real estate.
24If the court denies the petition, the municipality may enforce
25the lien in a separate action as provided in subsection (a),
26(b), or (f).

 

 

SB1721- 31 -LRB102 14259 AWJ 19611 b

1    All persons designated in Section 15-1501 of the Code of
2Civil Procedure as necessary parties in a mortgage foreclosure
3action shall be joined as parties before issuance of an order
4of foreclosure. Persons designated in Section 15-1501 of the
5Code of Civil Procedure as permissible parties may also be
6joined as parties in the action.
7    The provisions of Article XV of the Code of Civil
8Procedure applicable to mortgage foreclosures shall apply to
9the foreclosure of a lien under this subsection (c), except to
10the extent that those provisions are inconsistent with this
11subsection. For purposes of foreclosures of liens under this
12subsection, however, the redemption period described in
13subsection (b) of Section 15-1603 of the Code of Civil
14Procedure shall end 60 days after the date of entry of the
15order of foreclosure.
16    (d) In addition to any other remedy provided by law, the
17corporate authorities of any municipality may petition the
18circuit court to have property declared abandoned under this
19subsection (d) if:
20        (1) the property has been tax delinquent for 2 or more
21    years or bills for water service for the property have
22    been outstanding for 2 or more years;
23        (2) the property is unoccupied by persons legally in
24    possession; and
25        (3) the property's condition impairs public health,
26    safety, or welfare property contains a dangerous or unsafe

 

 

SB1721- 32 -LRB102 14259 AWJ 19611 b

1    building for reasons specified in the petition.
2    All persons having an interest of record in the property,
3including tax purchasers and beneficial owners of any Illinois
4land trust having title to the property, shall be named as
5defendants in the petition and shall be served with process.
6In addition, service shall be had under Section 2-206 of the
7Code of Civil Procedure as in other cases affecting property.
8At least 30 days prior to any declaration of abandonment, the
9municipality or its agent shall post a notice not less than 1
10foot by 1 foot in size on the front of the subject building or
11property. The notice shall be dated as of the date of the
12posting and state that the municipality is seeking a
13declaration of abandonment for the property. The notice shall
14also include the case number for the underlying circuit court
15petition filed pursuant to this subsection and a notification
16that the owner should file an appearance in the matter if the
17property is not abandoned.
18    The municipality, however, may proceed under this
19subsection in a proceeding brought under subsection (a) or
20(b). Notice of the petition shall be served in person or by
21certified or registered mail on all persons who were served
22notice under subsection (a) or (b).
23    If the municipality proves that the conditions described
24in this subsection exist and (i) the owner of record of the
25property does not enter an appearance in the action, or, if
26title to the property is held by an Illinois land trust, if

 

 

SB1721- 33 -LRB102 14259 AWJ 19611 b

1neither the owner of record nor the owner of the beneficial
2interest of the trust enters an appearance, or (ii) if the
3owner of record or the beneficiary of a land trust, if title to
4the property is held by an Illinois land trust, enters an
5appearance and specifically waives his or her rights under
6this subsection (d), the court shall declare the property
7abandoned. Notwithstanding any waiver, the municipality may
8move to dismiss its petition at any time. In addition, any
9waiver in a proceeding under this subsection (d) does not
10serve as a waiver for any other proceeding under law or equity.
11    If that determination is made, notice shall be sent in
12person or by certified or registered mail to all persons
13having an interest of record in the property, including tax
14purchasers and beneficial owners of any Illinois land trust
15having title to the property, stating that title to the
16property will be transferred to the municipality unless,
17within 30 days of the notice, the owner of record or any other
18person having an interest in the property files with the court
19a request to demolish any or all the dangerous or unsafe
20buildings building or to put the building in safe condition,
21or unless the owner of record enters an appearance and proves
22that the owner does not intend to abandon the property.
23    If the owner of record enters an appearance in the action
24within the 30 day period, but does not at that time file with
25the court a request to demolish the dangerous or unsafe
26building or to put the property building in safe condition, or

 

 

SB1721- 34 -LRB102 14259 AWJ 19611 b

1specifically waive his or her rights under this subsection
2(d), the court shall vacate its order declaring the property
3abandoned if it determines that the owner of record does not
4intend to abandon the property. In that case, the municipality
5may amend its complaint in order to initiate proceedings under
6subsection (a), or it may request that the court order the
7owner to demolish buildings the building or repair the
8dangerous or unsafe conditions of the property building
9alleged in the petition or seek the appointment of a receiver
10or other equitable relief to correct the conditions at the
11property. The powers and rights of a receiver appointed under
12this subsection (d) shall include all of the powers and rights
13of a receiver appointed under Section 11-31-2 of this Code.
14    If a request to demolish or repair a the building or
15property is filed within the 30 day period, the court shall
16grant permission to the requesting party to demolish the
17building or repair the property within 30 days or to restore
18the building to safe condition within 60 days after the
19request is granted. An extension of that period for up to 60
20additional days may be given for good cause. If more than one
21person with an interest in the property files a timely
22request, preference shall be given to the owner of record if
23the owner filed a request or, if the owner did not, the person
24with the lien or other interest of the highest priority.
25    If the requesting party (other than the owner of record)
26proves to the court that the building has been demolished or

 

 

SB1721- 35 -LRB102 14259 AWJ 19611 b

1put in a safe condition in accordance with the local safety
2codes within the period of time granted by the court, the court
3shall issue a quitclaim judicial deed for the property to the
4requesting party, conveying only the interest of the owner of
5record, upon proof of payment to the municipality of all costs
6incurred by the municipality in connection with the action,
7including but not limited to court costs, attorney's fees,
8administrative costs, the costs, if any, associated with
9property maintenance building enclosure or removal, and
10receiver's certificates. The interest in the property so
11conveyed shall be subject to all liens and encumbrances on the
12property. In addition, if the interest is conveyed to a person
13holding a certificate of purchase for the property under the
14Property Tax Code, the conveyance shall be subject to the
15rights of redemption of all persons entitled to redeem under
16that Act, including the original owner of record. If the
17requesting party is the owner of record and proves to the court
18that the building has been demolished or put in a safe
19condition in accordance with the local safety codes within the
20period of time granted by the court, the court shall dismiss
21the proceeding under this subsection (d).
22    If the owner of record has not entered an appearance and
23proven that the owner did not intend to abandon the property,
24and if no person with an interest in the property files a
25timely request or if the requesting party fails to demolish
26the building or put the property building in safe condition

 

 

SB1721- 36 -LRB102 14259 AWJ 19611 b

1within the time specified by the court, the municipality may
2petition the court to issue a judicial deed for the property to
3the municipality or another governmental body designated by
4the municipality in the petition. A conveyance by judicial
5deed shall operate to extinguish all existing ownership
6interests in, liens on, and other interest in the property,
7including tax liens, and shall extinguish the rights and
8interests of any and all holders of a bona fide certificate of
9purchase of the property for delinquent taxes. Any such bona
10fide certificate of purchase holder shall be entitled to a
11sale in error as prescribed under Section 21-310 of the
12Property Tax Code.
13    (e) Each municipality may use the provisions of this
14subsection to expedite the removal of certain buildings that
15are a continuing hazard to the community in which they are
16located.
17    If a residential or commercial building is 3 stories or
18less in height as defined by the municipality's building code,
19and the corporate official designated to be in charge of
20enforcing the municipality's building code determines that the
21building is open and vacant and an immediate and continuing
22hazard to the community in which the building is located, then
23the official shall be authorized to post a notice not less than
242 feet by 2 feet in size on the front of the building. The
25notice shall be dated as of the date of the posting and shall
26state that unless the building is demolished, repaired, or

 

 

SB1721- 37 -LRB102 14259 AWJ 19611 b

1enclosed, and unless any garbage, debris, and other hazardous,
2noxious, or unhealthy substances or materials are removed so
3that an immediate and continuing hazard to the community no
4longer exists, then the building may be demolished, repaired,
5or enclosed, or any garbage, debris, and other hazardous,
6noxious, or unhealthy substances or materials may be removed,
7by the municipality.
8    Not later than 30 days following the posting of the
9notice, the municipality shall do all of the following:
10        (1) Cause to be sent, by certified mail, return
11    receipt requested, a Notice to Remediate to all owners of
12    record of the property, the beneficial owners of any
13    Illinois land trust having title to the property, and all
14    lienholders of record in the property, stating the intent
15    of the municipality to demolish, repair, or enclose the
16    building or remove any garbage, debris, or other
17    hazardous, noxious, or unhealthy substances or materials
18    if that action is not taken by the owner or owners.
19        (2) Cause to be published, in a newspaper published or
20    circulated in the municipality where the building is
21    located, a notice setting forth (i) the permanent tax
22    index number and the address of the building, (ii) a
23    statement that the property is open and vacant and
24    constitutes an immediate and continuing hazard to the
25    community, and (iii) a statement that the municipality
26    intends to demolish, repair, or enclose the building or

 

 

SB1721- 38 -LRB102 14259 AWJ 19611 b

1    remove any garbage, debris, or other hazardous, noxious,
2    or unhealthy substances or materials if the owner or
3    owners or lienholders of record fail to do so. This notice
4    shall be published for 3 consecutive days.
5        (3) Cause to be recorded the Notice to Remediate
6    mailed under paragraph (1) in the office of the recorder
7    in the county in which the real estate is located or in the
8    office of the registrar of titles of the county if the real
9    estate is registered under the Registered Title (Torrens)
10    Act.
11    Any person or persons with a current legal or equitable
12interest in the property objecting to the proposed actions of
13the corporate authorities may file his or her objection in an
14appropriate form in a court of competent jurisdiction.
15    If the building is not demolished, repaired, or enclosed,
16or the garbage, debris, or other hazardous, noxious, or
17unhealthy substances or materials are not removed, within 30
18days of mailing the notice to the owners of record, the
19beneficial owners of any Illinois land trust having title to
20the property, and all lienholders of record in the property,
21or within 30 days of the last day of publication of the notice,
22whichever is later, the corporate authorities shall have the
23power to demolish, repair, or enclose the building or to
24remove any garbage, debris, or other hazardous, noxious, or
25unhealthy substances or materials.
26    The municipality may proceed to demolish, repair, or

 

 

SB1721- 39 -LRB102 14259 AWJ 19611 b

1enclose a building or remove any garbage, debris, or other
2hazardous, noxious, or unhealthy substances or materials under
3this subsection within a 120-day period following the date of
4the mailing of the notice if the appropriate official
5determines that the demolition, repair, enclosure, or removal
6of any garbage, debris, or other hazardous, noxious, or
7unhealthy substances or materials is necessary to remedy the
8immediate and continuing hazard. If, however, before the
9municipality proceeds with any of the actions authorized by
10this subsection, any person with a legal or equitable interest
11in the property has sought a hearing under this subsection
12before a court and has served a copy of the complaint on the
13chief executive officer of the municipality, then the
14municipality shall not proceed with the demolition, repair,
15enclosure, or removal of garbage, debris, or other substances
16until the court determines that that action is necessary to
17remedy the hazard and issues an order authorizing the
18municipality to do so. If the court dismisses the action for
19want of prosecution, the municipality must send the objector a
20copy of the dismissal order and a letter stating that the
21demolition, repair, enclosure, or removal of garbage, debris,
22or other substances will proceed unless, within 30 days after
23the copy of the order and the letter are mailed, the objector
24moves to vacate the dismissal and serves a copy of the motion
25on the chief executive officer of the municipality.
26Notwithstanding any other law to the contrary, if the objector

 

 

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1does not file a motion and give the required notice, if the
2motion is denied by the court, or if the action is again
3dismissed for want of prosecution, then the dismissal is with
4prejudice and the demolition, repair, enclosure, or removal
5may proceed forthwith.
6    Following the demolition, repair, or enclosure of a
7building, or the removal of garbage, debris, or other
8hazardous, noxious, or unhealthy substances or materials under
9this subsection, the municipality may file a notice of lien
10against the real estate for the cost of the demolition,
11repair, enclosure, or removal within 180 days after the
12repair, demolition, enclosure, or removal occurred, for the
13cost and expense incurred, in the office of the recorder in the
14county in which the real estate is located or in the office of
15the registrar of titles of the county if the real estate
16affected is registered under the Registered Titles (Torrens)
17Act; this lien has priority over the interests of those
18parties named in the Notice to Remediate mailed under
19paragraph (1), but not over the interests of third party
20purchasers or encumbrancers for value who obtained their
21interests in the property before obtaining actual or
22constructive notice of the lien. The notice of lien shall
23consist of a sworn statement setting forth (i) a description
24of the real estate, such as the address or other description of
25the property, sufficient for its identification; (ii) the
26expenses incurred by the municipality in undertaking the

 

 

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1remedial actions authorized under this subsection; (iii) the
2date or dates the expenses were incurred by the municipality;
3(iv) a statement by the corporate official responsible for
4enforcing the building code that the building was open and
5vacant and constituted an immediate and continuing hazard to
6the community; (v) a statement by the corporate official that
7the required sign was posted on the building, that notice was
8sent by certified mail to the owners of record, and that notice
9was published in accordance with this subsection; and (vi) a
10statement as to when and where the notice was published. The
11lien authorized by this subsection may thereafter be released
12or enforced by the municipality as provided in subsection (a).
13    (f) The corporate authorities of each municipality may
14remove or cause the removal of, or otherwise environmentally
15remediate hazardous substances and petroleum products on, in,
16or under any abandoned and unsafe property within the
17territory of a municipality. In addition, where preliminary
18evidence indicates the presence or likely presence of a
19hazardous substance or a petroleum product or a release or a
20substantial threat of a release of a hazardous substance or a
21petroleum product on, in, or under the property, the corporate
22authorities of the municipality may inspect the property and
23test for the presence or release of hazardous substances and
24petroleum products. In any county having adopted by referendum
25or otherwise a county health department as provided by
26Division 5-25 of the Counties Code or its predecessor, the

 

 

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1county board of that county may exercise the above-described
2powers with regard to property within the territory of any
3city, village, or incorporated town having less than 50,000
4population.
5    For purposes of this subsection (f):
6        (1) "property" or "real estate" means all real
7    property, whether or not improved by a structure;
8        (2) "abandoned" means;
9            (A) the property has been tax delinquent for 2 or
10        more years;
11            (B) the property is unoccupied by persons legally
12        in possession; and
13        (3) "unsafe" means property that presents an actual or
14    imminent threat to public health and safety caused by the
15    release of hazardous substances; and
16        (4) "hazardous substances" means the same as in
17    Section 3.215 of the Environmental Protection Act.
18    The corporate authorities shall apply to the circuit court
19of the county in which the property is located (i) for an order
20allowing the municipality to enter the property and inspect
21and test substances on, in, or under the property; or (ii) for
22an order authorizing the corporate authorities to take action
23with respect to remediation of the property if conditions on
24the property, based on the inspection and testing authorized
25in paragraph (i), indicate the presence of hazardous
26substances or petroleum products. Remediation shall be deemed

 

 

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1complete for purposes of paragraph (ii) above when the
2property satisfies Tier I, II, or III remediation objectives
3for the property's most recent usage, as established by the
4Environmental Protection Act, and the rules and regulations
5promulgated thereunder. Where, upon diligent search, the
6identity or whereabouts of the owner or owners of the
7property, including the lien holders of record, is not
8ascertainable, notice mailed to the person or persons in whose
9name the real estate was last assessed is sufficient notice
10under this Section.
11    The court shall grant an order authorizing testing under
12paragraph (i) above upon a showing of preliminary evidence
13indicating the presence or likely presence of a hazardous
14substance or a petroleum product or a release of or a
15substantial threat of a release of a hazardous substance or a
16petroleum product on, in, or under abandoned property. The
17preliminary evidence may include, but is not limited to,
18evidence of prior use, visual site inspection, or records of
19prior environmental investigations. The testing authorized by
20paragraph (i) above shall include any type of investigation
21which is necessary for an environmental professional to
22determine the environmental condition of the property,
23including but not limited to performance of soil borings and
24groundwater monitoring. The court shall grant a remediation
25order under paragraph (ii) above where testing of the property
26indicates that it fails to meet the applicable remediation

 

 

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1objectives. The hearing upon the application to the circuit
2court shall be expedited by the court and shall be given
3precedence over all other suits.
4    The cost of the inspection, testing, or remediation
5incurred by the municipality or by a lien holder of record,
6including court costs, attorney's fees, and other costs
7related to the enforcement of this Section, is a lien on the
8real estate; except that in any instances where a municipality
9incurs costs of inspection and testing but finds no hazardous
10substances or petroleum products on the property that present
11an actual or imminent threat to public health and safety, such
12costs are not recoverable from the owners nor are such costs a
13lien on the real estate. The lien is superior to all prior
14existing liens and encumbrances, except taxes and any lien
15obtained under subsection (a) or (e), if, within 180 days
16after the completion of the inspection, testing, or
17remediation, the municipality or the lien holder of record who
18incurred the cost and expense shall file a notice of lien for
19the cost and expense incurred in the office of the recorder in
20the county in which the real estate is located or in the office
21of the registrar of titles of the county if the real estate
22affected is registered under the Registered Titles (Torrens)
23Act.
24    The notice must consist of a sworn statement setting out
25(i) a description of the real estate sufficient for its
26identification, (ii) the amount of money representing the cost

 

 

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1and expense incurred, and (iii) the date or dates when the cost
2and expense was incurred by the municipality or the lien
3holder of record. Upon payment of the lien amount by the owner
4of or persons interested in the property after the notice of
5lien has been filed, a release of lien shall be issued by the
6municipality, the person in whose name the lien has been
7filed, or the assignee of the lien, and the release may be
8filed of record as in the case of filing notice of lien.
9    The lien may be enforced under subsection (c) or by
10foreclosure proceedings as in the case of mortgage
11foreclosures under Article XV of the Code of Civil Procedure
12or mechanics' lien foreclosures; provided that where the lien
13is enforced by foreclosure under subsection (c) or under
14either statute, the municipality may not proceed against the
15other assets of the owner or owners of the real estate for any
16costs that otherwise would be recoverable under this Section
17but that remain unsatisfied after foreclosure except where
18such additional recovery is authorized by separate
19environmental laws. An action to foreclose this lien may be
20commenced at any time after the date of filing of the notice of
21lien. The costs of foreclosure incurred by the municipality,
22including court costs, reasonable attorney's fees, advances to
23preserve the property, and other costs related to the
24enforcement of this subsection, plus statutory interest, are a
25lien on the real estate.
26    All liens arising under this subsection (f) shall be

 

 

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1assignable. The assignee of the lien shall have the same power
2to enforce the lien as the assigning party, except that the
3lien may not be enforced under subsection (c).
4    (g) In any case where a municipality has obtained a lien
5under subsection (a), the municipality may also bring an
6action for a money judgment against the owner or owners of the
7real estate in the amount of the lien in the same manner as
8provided for bringing causes of action in Article II of the
9Code of Civil Procedure and, upon obtaining a judgment, file a
10judgment lien against all of the real estate of the owner or
11owners and enforce that lien as provided for in Article XII of
12the Code of Civil Procedure.
13(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)