Full Text of SB1721 102nd General Assembly
SB1721eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning property.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Sections 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 | 8 | | proceeds. When any
property is delinquent, or is forfeited | 9 | | for each of 2 or more
years, and is
offered for sale under any | 10 | | of the provisions of this Code, the County Board of
the County | 11 | | in which the property is located,
in its discretion, may bid, | 12 | | or, in
the case of forfeited property, may apply to purchase | 13 | | it, in the name of the
County as trustee for all taxing | 14 | | districts having an
interest in the property's
taxes or | 15 | | special assessments for the nonpayment of which the property | 16 | | is sold.
The presiding officer of the county board, with the | 17 | | advice and consent of the
Board, may appoint on its behalf
some | 18 | | officer or person to attend such sales
and bid or, in the case | 19 | | of forfeited property, to apply to the county clerk to
| 20 | | purchase. The County shall apply on the bid or purchase
the | 21 | | unpaid taxes and
special assessments due upon the property. No | 22 | | cash need be paid. The County may
shall take all steps | 23 | | necessary to acquire title to the property and may manage
and |
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| 1 | | operate the property , including, but not limited to, mowing of | 2 | | grass, removal of nuisance greenery, removal of garbage, | 3 | | waste, debris or other materials, or the demolition, repair, | 4 | | or remediation of unsafe structures . When a county, or other | 5 | | taxing district within the
county, is a petitioner for a tax | 6 | | deed, no filing fee shall be required.
When a county or other | 7 | | taxing district within the county is the petitioner
for a tax | 8 | | deed, one petition may be filed including all parcels that are | 9 | | tax
delinquent within the county or taxing district, and any | 10 | | publication made under
Section 22-20 of this Code may combine | 11 | | all such parcels within a single notice.
The notice shall list | 12 | | the street or common address, if known, of the
parcels for | 13 | | informational purposes.
The
county, as tax creditor and as | 14 | | trustee for other tax creditors, or other taxing
district | 15 | | within the county, shall not be required to allege and prove | 16 | | that all
taxes and special assessments which become due and | 17 | | payable after the sale to
the county have been paid nor shall | 18 | | the county be
required to pay the
subsequently accruing taxes | 19 | | or special assessments at any time. The county
board or its | 20 | | designee may prohibit the county collector from including the
| 21 | | property in the tax sale of one or more subsequent years. The | 22 | | lien of taxes and
special assessments which become due and | 23 | | payable after a sale to a county
shall
merge in the fee title | 24 | | of the county, or other taxing district within the
county, on | 25 | | the issuance of a deed.
| 26 | | The County may sell or assign the property so
acquired, or |
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| 1 | | the certificate of
purchase to it, to any party, including
| 2 | | taxing districts. The proceeds of that sale or
assignment, | 3 | | less all costs
of the county incurred in the acquisition , | 4 | | operation, maintenance, and sale or
assignment of the
| 5 | | property, including all costs associated with county staff and | 6 | | overhead used to perform the duties of the trustee set forth in | 7 | | this Section, shall be
distributed to the taxing districts in | 8 | | proportion to their respective interests
therein.
| 9 | | Under Sections 21-110, 21-115, 21-120 and 21-405, a County | 10 | | may 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 | 14 | | to pay the amount
due on each property for the least penalty | 15 | | percentage shall be the purchaser of
that property. No bid | 16 | | shall be accepted for a penalty exceeding 12% 18% of the
amount | 17 | | of 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 | 21 | | redeem shall
deposit an amount specified in this Section with | 22 | | the county clerk of the
county in which the property is | 23 | | situated,
in legal money of the United States, or by cashier's | 24 | | check, certified check,
post office money order or money order |
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| 1 | | issued by a financial institution
insured by an agency or | 2 | | instrumentality of the United States, payable to the
county | 3 | | clerk of the proper county. The deposit shall be deemed timely | 4 | | only
if actually received in person at the county clerk's | 5 | | office prior to the close
of business as defined in Section | 6 | | 3-2007 of the Counties Code on or before the
expiration of the | 7 | | period of redemption or by United
States mail with a post | 8 | | office cancellation mark dated not less than one day
prior to | 9 | | the expiration of the period of redemption. The deposit shall
| 10 | | be
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 | 20 | | Section 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, | 24 | | or enclose or cause the demolition, repair, or enclosure of
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| 1 | | dangerous and unsafe buildings or uncompleted and abandoned | 2 | | buildings within
the territory of the county, but outside the | 3 | | territory of any municipality, and
may remove or cause the | 4 | | removal of garbage, debris, and other hazardous,
noxious, or | 5 | | unhealthy substances or materials from those buildings.
If a | 6 | | township within the county makes a formal request to the | 7 | | county board
as provided in Section 85-50 of the Township Code | 8 | | that the county board
commence specified proceedings under | 9 | | this Section with respect to property
located within the | 10 | | township but outside the territory of any municipality,
then, | 11 | | at the next regular county board meeting occurring at least 10 | 12 | | days
after the formal request is made to the county board, the | 13 | | county board shall
either commence the requested proceedings | 14 | | or decline to do so (either
formally or by failing to commence | 15 | | the proceedings within 60 days after the request) and shall | 16 | | notify the township
board making the request of the county | 17 | | board's decision.
In any
county having adopted, by referendum | 18 | | or otherwise, a county health department
as provided by | 19 | | Division 5-25 of the Counties Code or its predecessor, the
| 20 | | county board of any such county may upon a formal request by | 21 | | the city, village,
or incorporated town demolish, repair or | 22 | | cause the demolition or repair of
dangerous and unsafe | 23 | | buildings or uncompleted and abandoned buildings within
the | 24 | | territory of any city, village, or incorporated town having a | 25 | | population of
less than 50,000.
| 26 | | The county board shall apply to the circuit court of the |
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| 1 | | county
in which the building is located (i) for an order | 2 | | authorizing action to
be taken with respect to a building if | 3 | | the owner or owners of the building,
including the lien | 4 | | holders of record, after at least 15 days' written
notice by | 5 | | mail to do so, have failed to commence proceedings to put the
| 6 | | building in a safe
condition or to demolish it or (ii) for an | 7 | | order requiring the owner or
owners of record to demolish, | 8 | | repair, or enclose the building or to remove
garbage, debris, | 9 | | and other hazardous, noxious, or unhealthy substances or
| 10 | | materials from the building. It is not a defense to the cause | 11 | | of action
that the building is boarded up or otherwise | 12 | | enclosed, although the court
may order the defendant to have | 13 | | the building boarded up or otherwise
enclosed. Where, upon | 14 | | diligent search, the identity or whereabouts of the
owner or | 15 | | owners of the building, including the lien holders of record,
| 16 | | is not ascertainable, notice mailed to the person or persons | 17 | | in whose name
the real estate was last assessed and the posting | 18 | | of such notice upon the
premises sought to be demolished or | 19 | | repaired is sufficient notice under this
Section.
| 20 | | The hearing upon the application to the circuit court | 21 | | shall be expedited
by the court and shall be given precedence | 22 | | over all other suits.
| 23 | | The cost of the demolition, repair, enclosure, or removal | 24 | | incurred by
the county, by an intervenor, or by a lien holder | 25 | | of record,
including court costs, attorney's fees, and other | 26 | | costs related to the
enforcement of this Section, is |
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| 1 | | recoverable from the owner or owners of
the real estate or the | 2 | | previous owner or both if the property was transferred
during | 3 | | the 15 day notice period and is a lien on the real estate; the | 4 | | lien is
superior to all prior existing liens and encumbrances, | 5 | | except taxes, if, within
180 days after the repair, | 6 | | demolition, enclosure, or removal, the county,
the lien holder | 7 | | of record, or the intervenor who incurred the cost and expense
| 8 | | shall file a notice of lien for the cost and expense incurred | 9 | | in the office of
the recorder in the county in which the real | 10 | | estate is located or in the office
of the registrar of titles | 11 | | of the county if the real estate affected is
registered under | 12 | | the 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 | 15 | | identification, (2)
the amount of money representing the cost | 16 | | and expense incurred, and (3) the
date or dates when the cost | 17 | | and expense was incurred by the county,
the lien holder of | 18 | | record, or the intervenor. Upon payment of the cost and
| 19 | | expense by the owner of or persons interested in the property | 20 | | after the
notice of lien has been filed, the lien shall be | 21 | | released by the
county, the person in whose name the lien has | 22 | | been filed, or the
assignee of the lien, and the release may be | 23 | | filed of record as in the case
of filing notice of lien. Unless | 24 | | the lien is enforced under subsection (b),
the lien may be | 25 | | enforced by foreclosure proceedings as in the case of
mortgage | 26 | | foreclosures under Article XV of the Code of Civil Procedure |
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| 1 | | or
mechanics' lien foreclosures. An action to foreclose this | 2 | | lien
may be commenced at any time after the date of filing of | 3 | | the notice of
lien. The costs of foreclosure incurred by the | 4 | | county, including
court costs, reasonable attorney's fees, | 5 | | advances to preserve the property,
and other costs related to | 6 | | the enforcement of this subsection, plus
statutory interest, | 7 | | are a lien on the real estate and are recoverable by
the county | 8 | | from the owner or owners of the real estate.
| 9 | | All liens arising under this subsection (a) shall be | 10 | | assignable.
The assignee of the lien shall have the same power | 11 | | to enforce the lien
as the assigning party, except that the | 12 | | lien may not be
enforced under subsection (b).
| 13 | | If the appropriate official of any county determines that | 14 | | any
dangerous and unsafe building or uncompleted and abandoned | 15 | | building within
its territory fulfills the requirements for an | 16 | | action by the county
under the Abandoned Housing | 17 | | Rehabilitation Act, the county may
petition under that Act in | 18 | | a proceeding brought under this subsection.
| 19 | | (b) In any case where a county has obtained a lien under
| 20 | | subsection (a), the county may enforce the lien under
this | 21 | | subsection (b) in the same proceeding in which the lien is | 22 | | authorized.
| 23 | | A county desiring to enforce a lien under this subsection | 24 | | (b) shall
petition the court to retain jurisdiction for | 25 | | foreclosure proceedings under
this subsection. Notice of the | 26 | | petition shall be served, by certified or
registered mail, on |
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| 1 | | all persons who were served notice under subsection (a).
The | 2 | | court shall conduct a hearing on the petition not less than 15
| 3 | | days after the notice is served. If the court determines that | 4 | | the
requirements of this subsection (b) have been satisfied, | 5 | | it shall grant the
petition and retain jurisdiction over the | 6 | | matter until the foreclosure
proceeding is completed. The | 7 | | costs of foreclosure incurred by the
county, including court | 8 | | costs, reasonable attorneys' fees, advances
to preserve the | 9 | | property, and other costs related to the enforcement of
this | 10 | | subsection, plus statutory interest, are a lien on the real | 11 | | estate and
are recoverable by the county from the owner or | 12 | | owners of the real
estate. If the court denies the petition, | 13 | | the county may enforce the
lien in a separate action as | 14 | | provided in subsection (a).
| 15 | | All persons designated in Section 15-1501 of the Code of | 16 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 17 | | action shall be joined as
parties before issuance of an order | 18 | | of foreclosure. Persons designated
in Section 15-1501 of the | 19 | | Code of Civil Procedure as permissible parties
may also be | 20 | | joined as parties in the action.
| 21 | | The provisions of Article XV of the Code of Civil | 22 | | Procedure applicable to
mortgage foreclosures shall apply to | 23 | | the foreclosure of a lien under
this subsection (b), except to | 24 | | the extent that those provisions are
inconsistent with this | 25 | | subsection. For purposes of foreclosures
of liens under this | 26 | | subsection, however, the redemption period described in
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| 1 | | subsection (b) of Section 15-1603 of the Code of Civil | 2 | | Procedure shall end
60 days after the date of entry of the | 3 | | order of foreclosure.
| 4 | | (c) In addition to any other remedy provided by law, the | 5 | | county
board of any county may petition the circuit court to | 6 | | have
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, | 16 | | including tax
purchasers and beneficial owners of any Illinois | 17 | | land trust having title to
the property, shall be named as | 18 | | defendants in the petition and shall be
served with process. | 19 | | In addition, service shall be had under Section
2-206 of the | 20 | | Code of Civil Procedure as in other cases affecting property , | 21 | | including publication in a newspaper that is in circulation in | 22 | | the county in which the action is pending . At least 30 days | 23 | | prior to any declaration of abandonment, the county or its | 24 | | agent shall post a notice not less than 1 foot by 1 foot in | 25 | | size on the front of the subject building or property. The | 26 | | notice shall be dated as of the date of the posting and state |
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| 1 | | that the county is seeking a declaration of abandonment for | 2 | | the property. The notice shall also include the case number | 3 | | for the underlying circuit court petition filed pursuant to | 4 | | this subsection and a notification that the owner should file | 5 | | an appearance in the matter if the property is not abandoned.
| 6 | | The county, however, may proceed under this subsection in | 7 | | a
proceeding brought under subsection (a). Notice of the | 8 | | petition
shall be served by certified or registered mail on | 9 | | all persons who were
served notice under subsection (a).
| 10 | | If the county proves that the conditions described in this
| 11 | | subsection exist and the owner of record of the property does | 12 | | not enter
an appearance in the action, or, if title to the | 13 | | property is held by an
Illinois land trust, if neither the | 14 | | owner of record nor the owner of the
beneficial interest of the | 15 | | trust enters an appearance, the court
shall declare the | 16 | | property abandoned.
| 17 | | If that determination is made, notice shall be sent by | 18 | | certified or
registered mail to all persons having an interest | 19 | | of record in the
property, including tax purchasers and | 20 | | beneficial owners of any Illinois
land trust having title to | 21 | | the property, stating that title to the
property will be | 22 | | transferred to the county unless, within 30 days of
the | 23 | | notice, the owner of record enters an appearance in the | 24 | | action, or
unless any other person having an interest in the | 25 | | property files with the
court a request to demolish any or all | 26 | | the dangerous or unsafe buildings building or to put the |
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| 1 | | property
building in safe condition.
| 2 | | If the owner of record enters an appearance in the action | 3 | | within the 30
day period, the court shall vacate its order | 4 | | declaring the property
abandoned. In that case, the county may | 5 | | amend its complaint in order
to initiate proceedings under | 6 | | subsection (a).
| 7 | | If a request to demolish any or all dangerous or unsafe | 8 | | buildings or to otherwise put the property in safe condition | 9 | | or repair the building is filed within the 30
day period, the | 10 | | court shall grant permission to the requesting party to
| 11 | | demolish the building within 30 days or to restore the | 12 | | property building to safe
condition within 60 days after the | 13 | | request is granted. An extension of
that period for up to 60 | 14 | | additional days may be given for good cause. If
more than one | 15 | | person with an interest in the property files a timely
| 16 | | request, preference shall be given to the person with the lien | 17 | | or other
interest of the highest priority.
| 18 | | If the requesting party proves to the court that the | 19 | | building has been
demolished or put in a safe condition within | 20 | | the period of time granted by
the court, the court shall issue | 21 | | a quitclaim judicial deed for the
property to the requesting | 22 | | party, conveying only the interest of the owner
of record, | 23 | | upon proof of payment to the county of all costs incurred
by | 24 | | the county in connection with the action, including but not
| 25 | | limited to court costs, attorney's fees, administrative costs, | 26 | | the
costs, if any, associated with property maintenance |
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| 1 | | building enclosure or removal , and receiver's
certificates. | 2 | | The interest in the property so conveyed shall be subject to
| 3 | | all liens and encumbrances on the property. In addition, if | 4 | | the interest is
conveyed to a person holding a certificate of | 5 | | purchase for the property
under the Property Tax Code, the | 6 | | conveyance shall
be subject to the rights of redemption of all | 7 | | persons entitled to redeem under
that Act, including the | 8 | | original owner of record.
| 9 | | If no person with an interest in the property files a | 10 | | timely request or
if the requesting party fails to demolish | 11 | | the building or put the property building
in safe condition | 12 | | within the time specified by the court, the county
may | 13 | | petition the court to issue a judicial deed for the property to | 14 | | the
county or another governmental body designated by the | 15 | | county in the petition . A conveyance by judicial deed shall | 16 | | operate to extinguish
all existing ownership interests in, | 17 | | liens on, and other interest in the
property, including tax | 18 | | liens.
| 19 | | (d) Each county may use the provisions of this subsection | 20 | | to expedite the
removal of certain buildings that are a | 21 | | continuing hazard to the community in
which they are located.
| 22 | | If the official designated to be
in charge of enforcing | 23 | | the county's building code determines that a
building is open | 24 | | and vacant and an immediate and continuing hazard to the
| 25 | | community in which the building is located, then the official | 26 | | shall be
authorized to post a notice not less than 2 feet by 2 |
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| 1 | | feet in size on the
front of the building. The notice shall be | 2 | | dated as of the date of the
posting and shall state that unless | 3 | | the building is demolished, repaired,
or enclosed, and unless | 4 | | any garbage, debris, and other hazardous, noxious,
or | 5 | | unhealthy substances or materials are removed so that an | 6 | | immediate and
continuing hazard to the community no longer | 7 | | exists, then the building may
be demolished, repaired, or | 8 | | enclosed, or any garbage, debris, and other
hazardous, | 9 | | noxious, or unhealthy substances or materials may be removed, | 10 | | by
the county.
| 11 | | Not later than 30 days following the posting of the | 12 | | notice, the
county shall do both of the following:
| 13 | | (1) Cause to be sent, by certified mail, return | 14 | | receipt requested,
a notice to all owners of
record of the | 15 | | property, the beneficial owners of any Illinois land trust
| 16 | | having title to the property, and all lienholders of | 17 | | record in the property,
stating the intent of the county | 18 | | to demolish,
repair, or enclose the building or remove any | 19 | | garbage, debris, or other
hazardous, noxious, or unhealthy | 20 | | substances or materials if that action is
not taken by the | 21 | | owner or owners.
| 22 | | (2) Cause to be published, in a newspaper published or | 23 | | circulated in the
county where the building is located, a | 24 | | notice setting forth (i)
the permanent tax index number | 25 | | and the address of the building, (ii) a
statement that the | 26 | | property is open and vacant and constitutes an immediate |
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| 1 | | and
continuing hazard to the community, and (iii) a | 2 | | statement that the county
intends to demolish, repair, or | 3 | | enclose the building or remove any garbage,
debris, or | 4 | | other hazardous, noxious, or unhealthy substances or | 5 | | materials if
the owner or owners or lienholders of record | 6 | | fail to do so. This notice shall
be published for 3 | 7 | | consecutive days.
| 8 | | A person objecting to the proposed actions of the county | 9 | | board may
file his or her objection in an appropriate form in a | 10 | | court of competent
jurisdiction.
| 11 | | If the building is not demolished, repaired, or enclosed, | 12 | | or the garbage,
debris, or other hazardous, noxious, or | 13 | | unhealthy substances or materials are
not removed, within 30 | 14 | | days of mailing the notice to the owners of record,
the | 15 | | beneficial owners of any Illinois land trust having title to | 16 | | the
property, and all lienholders of record in the property, | 17 | | or
within 30 days of the last day of publication of the notice, | 18 | | whichever is
later, the county board shall have the power to | 19 | | demolish, repair, or
enclose the building or to remove any | 20 | | garbage, debris, or other hazardous,
noxious, or unhealthy | 21 | | substances or materials.
| 22 | | The county may proceed to demolish, repair, or enclose a | 23 | | building
or remove any garbage, debris, or other hazardous, | 24 | | noxious, or unhealthy
substances or materials under this | 25 | | subsection within a 120-day period
following the date of the | 26 | | mailing of the notice if the appropriate official
determines |
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| 1 | | that the demolition, repair, enclosure, or removal of any | 2 | | garbage,
debris, or other hazardous, noxious, or unhealthy | 3 | | substances or materials is
necessary to remedy the immediate | 4 | | and continuing hazard. If, however, before
the county proceeds | 5 | | with any of the actions authorized by this
subsection, any | 6 | | person has sought a hearing under this subsection before a
| 7 | | court and has served a copy of the complaint on the chief | 8 | | executive officer of
the county, then the county shall not | 9 | | proceed with the demolition,
repair, enclosure, or removal of | 10 | | garbage, debris, or other substances until the
court | 11 | | determines that that action is necessary to remedy the hazard | 12 | | and issues
an order authorizing the county to do so.
| 13 | | Following the demolition, repair, or enclosure of a | 14 | | building, or the
removal of garbage, debris, or other | 15 | | hazardous, noxious, or unhealthy
substances or materials under | 16 | | this subsection, the county may file a
notice of lien against | 17 | | the real estate for the cost of the demolition,
repair, | 18 | | enclosure, or removal within 180 days after the repair, | 19 | | demolition,
enclosure, or removal occurred, for the cost and | 20 | | expense incurred, in the
office of the recorder in the county | 21 | | in which the real estate is located or
in the office of the | 22 | | registrar of titles of the county if the real estate
affected | 23 | | is registered under the Registered Titles (Torrens) Act. The
| 24 | | notice of lien shall consist of a sworn statement setting | 25 | | forth (i) a
description of the real estate, such as the address | 26 | | or other description of
the property, sufficient for its |
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| 1 | | identification; (ii) the expenses incurred
by the county in | 2 | | undertaking the remedial actions authorized under
this | 3 | | subsection; (iii) the date or dates the expenses were incurred | 4 | | by
the county; (iv) a statement by the official
responsible | 5 | | for enforcing the building code that the building was open and
| 6 | | vacant and constituted an immediate and continuing hazard
to | 7 | | the community; (v) a statement by the official that the
| 8 | | required sign was posted on the building, that notice was sent | 9 | | by certified
mail to the owners of record, and that notice was | 10 | | published in accordance
with this subsection; and (vi) a | 11 | | statement as to when and where the notice
was published. The | 12 | | lien authorized by this subsection may thereafter be
released | 13 | | or enforced by the county as provided in subsection (a).
| 14 | | (e) In any case where a county has obtained a lien under | 15 | | subsection (a),
the county may also bring an action for a money | 16 | | judgment against the owner or
owners of the real estate in the | 17 | | amount of the lien in the same manner as
provided for bringing | 18 | | causes of action in Article II of the Code of Civil
Procedure | 19 | | and, upon obtaining a judgment, file a judgment lien against | 20 | | all of
the real estate of the owner or owners and enforce that | 21 | | lien as provided for in
Article XII of the Code of Civil | 22 | | Procedure. | 23 | | (f) In addition to any other remedy provided by law, if a | 24 | | county finds that within a residential property of 1 acre or | 25 | | less there is an accumulation or concentration of: garbage; | 26 | | organic materials in an active state of decomposition |
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| 1 | | including, but not limited to, carcasses, food waste, or other | 2 | | spoiled or rotting materials; human or animal waste; debris; | 3 | | or other hazardous, noxious, or unhealthy substances or | 4 | | materials, which present an immediate threat to the public | 5 | | health or safety or the health and safety of the occupants of | 6 | | the property, the county may, without any administrative | 7 | | procedure to bond, petition the court for immediate injunctive | 8 | | relief to abate or cause the abatement of the condition that is | 9 | | causing the threat to health or safety, including an order | 10 | | causing the removal of any unhealthy or unsafe accumulations | 11 | | or concentrations of the material or items listed in this | 12 | | subsection from the structure or property. The county shall | 13 | | file with the circuit court in which the property is located a | 14 | | petition for an order authorizing the abatement of the | 15 | | condition that is causing the threat to health or safety. A | 16 | | hearing on the petition shall be set within 5 days, not | 17 | | including weekends or holidays, from the date of filing. To | 18 | | provide notice of such hearing, the county shall make every | 19 | | effort to serve the property's owners of record with the | 20 | | petition and summons and, if such service cannot be had, shall | 21 | | provide an affidavit to the court at the hearing showing the | 22 | | service could not be had and the efforts taken to locate and | 23 | | serve the owners of record. The county shall also post a sign | 24 | | at the property notifying all persons of the court proceeding. | 25 | | Following the abatement actions, the county may file a notice | 26 | | of lien for the cost and expense of actions taken under this |
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| 1 | | subsection as provided in subsection (a).
| 2 | | (Source: P.A. 101-200, eff. 1-1-20 .)
| 3 | | Section 15. The Illinois Municipal Code is amended by | 4 | | changing Section 11-31-1 as follows:
| 5 | | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| 6 | | Sec. 11-31-1. Demolition, repair, enclosure, or | 7 | | remediation.
| 8 | | (a) The corporate authorities of each municipality may | 9 | | demolish, repair,
or enclose or cause the demolition, repair, | 10 | | or enclosure of
dangerous and unsafe buildings or uncompleted | 11 | | and abandoned buildings
within the territory of the | 12 | | municipality and may remove or cause the
removal of garbage, | 13 | | debris, and other hazardous, noxious, or unhealthy
substances | 14 | | or materials from those buildings. In any county
having | 15 | | adopted by referendum or otherwise a county health department | 16 | | as
provided by Division 5-25 of the Counties Code or its | 17 | | predecessor, the
county board of that county may exercise | 18 | | those powers with regard to
dangerous and unsafe buildings or | 19 | | uncompleted and abandoned buildings
within the territory of | 20 | | any city, village, or incorporated town having less
than | 21 | | 50,000 population.
| 22 | | The corporate authorities shall apply to the circuit court | 23 | | of the county
in which the building is located (i) for an order | 24 | | authorizing action to
be taken with respect to a building if |
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| 1 | | the owner or owners of the building,
including the lien | 2 | | holders of record, after at least 15 days' written
notice by | 3 | | mail so to do, have failed to put the building in a safe
| 4 | | condition or to demolish it or (ii) for an order requiring the | 5 | | owner or
owners of record to demolish, repair, or enclose the | 6 | | building or to remove
garbage, debris, and other hazardous, | 7 | | noxious, or unhealthy substances or
materials from the | 8 | | building. It is not a defense to the cause of action
that the | 9 | | building is boarded up or otherwise enclosed, although the | 10 | | court
may order the defendant to have the building boarded up | 11 | | or otherwise
enclosed. Where, upon diligent search, the | 12 | | identity or whereabouts of the
owner or owners of the | 13 | | building, including the lien holders of record,
is not | 14 | | ascertainable, notice mailed to the person or persons in whose | 15 | | name
the real estate was last assessed is sufficient notice | 16 | | under this Section.
| 17 | | The hearing upon the application to the circuit court | 18 | | shall be expedited
by the court and shall be given precedence | 19 | | over all other suits.
Any person entitled to bring an action | 20 | | under subsection (b) shall have
the right to intervene in an | 21 | | action brought under this Section.
| 22 | | The cost of the demolition, repair, enclosure, or removal | 23 | | incurred by
the municipality, by an intervenor, or by a lien | 24 | | holder of record,
including court costs, attorney's fees, and | 25 | | other costs related to the
enforcement of this Section, is | 26 | | recoverable from the owner or owners of
the real estate or the |
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| 1 | | previous owner or both if the property was transferred
during | 2 | | the 15 day notice period and is a lien on the real estate; the | 3 | | lien is
superior to all prior existing liens and encumbrances, | 4 | | except taxes, if, within
180 days after the repair, | 5 | | demolition, enclosure, or removal, the municipality,
the lien | 6 | | holder of record, or the intervenor who incurred the cost and | 7 | | expense
shall file a notice of lien for the cost and expense | 8 | | incurred in the office of
the recorder in the county in which | 9 | | the real estate is located or in the office
of the registrar of | 10 | | titles of the county if the real estate affected is
registered | 11 | | under the Registered Titles (Torrens) Act.
| 12 | | The notice must consist of a sworn statement setting out | 13 | | (1) a
description of the real estate sufficient for its | 14 | | identification, (2)
the amount of money representing the cost | 15 | | and expense incurred, and (3) the
date or dates when the cost | 16 | | and expense was incurred by the municipality,
the lien holder | 17 | | of record, or the intervenor. Upon payment of the cost and
| 18 | | expense by the owner of or persons interested in the property | 19 | | after the
notice of lien has been filed, the lien shall be | 20 | | released by the
municipality, the person in whose name the | 21 | | lien has been filed, or the
assignee of the lien, and the | 22 | | release may be filed of record as in the case
of filing notice | 23 | | of lien. Unless the lien is enforced under subsection (c),
the | 24 | | lien may be enforced by foreclosure proceedings as in the case | 25 | | of
mortgage foreclosures under Article XV of the Code of Civil | 26 | | Procedure or
mechanics' lien foreclosures. An action to |
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| 1 | | foreclose this lien
may be commenced at any time after the date | 2 | | of filing of the notice of
lien. The costs of foreclosure | 3 | | incurred by the municipality, including
court costs, | 4 | | reasonable attorney's fees, advances to preserve the property,
| 5 | | and other costs related to the enforcement of this subsection, | 6 | | plus
statutory interest, are a lien on the real estate and are | 7 | | recoverable by
the municipality from the owner or owners of | 8 | | the real estate.
| 9 | | All liens arising under this subsection (a) shall be | 10 | | assignable.
The assignee of the lien shall have the same power | 11 | | to enforce the lien
as the assigning party, except that the | 12 | | lien may not be
enforced under subsection (c).
| 13 | | If the appropriate official of any municipality determines | 14 | | that any
dangerous and unsafe building or uncompleted and | 15 | | abandoned building within
its territory fulfills the | 16 | | requirements for an action by the municipality
under the | 17 | | Abandoned Housing Rehabilitation Act, the municipality may
| 18 | | petition under that Act in a proceeding brought under this | 19 | | subsection.
| 20 | | (b) Any owner or tenant of real property within 1200 feet | 21 | | in any
direction of any dangerous or unsafe building located | 22 | | within the territory
of a municipality with a population of | 23 | | 500,000 or more may file with the
appropriate municipal | 24 | | authority a request that the municipality apply to
the circuit | 25 | | court of the county in which the building is located for an
| 26 | | order permitting the demolition, removal of garbage, debris, |
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| 1 | | and other
noxious or unhealthy substances and materials from, | 2 | | or repair or enclosure of
the building in the manner | 3 | | prescribed in subsection (a) of this Section.
If the | 4 | | municipality fails to institute an action in circuit court | 5 | | within 90
days after the filing of the request, the owner or | 6 | | tenant of real property
within 1200 feet in any direction of | 7 | | the building may institute an action
in circuit court seeking | 8 | | an order compelling the owner or owners of record
to demolish, | 9 | | remove garbage, debris, and other noxious or unhealthy
| 10 | | substances and materials from, repair or enclose or to cause | 11 | | to be
demolished, have garbage, debris, and other noxious or | 12 | | unhealthy substances
and materials removed from, repaired, or | 13 | | enclosed the building in question.
A private owner or tenant | 14 | | who institutes an action under the preceding sentence
shall | 15 | | not be required to pay any fee to the clerk of the circuit | 16 | | court.
The cost of repair, removal, demolition, or enclosure | 17 | | shall be borne by
the owner or owners of record of the | 18 | | building. In the event the owner or
owners of record fail to | 19 | | demolish, remove garbage, debris, and other noxious
or | 20 | | unhealthy substances and materials from, repair, or enclose | 21 | | the building
within 90 days of the date the court entered its | 22 | | order, the owner or tenant
who instituted the action may | 23 | | request that the court join the municipality
as a party to the | 24 | | action. The court may order the municipality to demolish,
| 25 | | remove materials from, repair, or enclose the building, or | 26 | | cause that action to
be taken upon the request of any owner or |
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| 1 | | tenant who instituted the action or
upon the municipality's | 2 | | request. The municipality may file, and the court may
approve, | 3 | | a plan for rehabilitating the building in question. A court | 4 | | order
authorizing the municipality to demolish, remove | 5 | | materials from, repair, or
enclose a building, or cause that | 6 | | action to be taken, shall not preclude the
court from | 7 | | adjudging the owner or owners of record of the building in | 8 | | contempt
of court due to the failure to comply with the order | 9 | | to demolish, remove
garbage, debris, and other noxious or | 10 | | unhealthy substances and materials from,
repair, or enclose | 11 | | the building.
| 12 | | If a municipality or a person or persons other than the | 13 | | owner or
owners of record pay the cost of demolition, removal | 14 | | of garbage, debris, and
other noxious or unhealthy substances | 15 | | and materials, repair, or enclosure
pursuant to a court order, | 16 | | the cost, including court costs, attorney's fees,
and other | 17 | | costs related to the enforcement of this subsection, is
| 18 | | recoverable from the owner or owners of the real estate and is | 19 | | a lien
on the real estate; the lien is superior to all prior | 20 | | existing liens and
encumbrances, except taxes, if, within 180 | 21 | | days after the
repair, removal, demolition, or enclosure, the | 22 | | municipality or the person or
persons who paid the costs of | 23 | | demolition, removal, repair, or enclosure
shall file a notice | 24 | | of lien of the cost and expense incurred in the office
of the | 25 | | recorder in the county in which the real estate is located or | 26 | | in the
office of the registrar of the county if the real estate |
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| 1 | | affected is
registered under the Registered Titles (Torrens) | 2 | | Act. The notice shall be
in a form as is provided in subsection | 3 | | (a). An owner or tenant who
institutes an action in circuit | 4 | | court seeking an order to compel the owner
or owners of record | 5 | | to demolish, remove materials from, repair, or enclose any
| 6 | | dangerous or unsafe building, or to cause that action to be | 7 | | taken under this
subsection may recover court costs and | 8 | | reasonable attorney's fees for
instituting the action from the | 9 | | owner or owners of record of the building.
Upon payment of the | 10 | | costs and expenses by the owner of or a person
interested in | 11 | | the property after the notice of lien has been filed, the
lien | 12 | | shall be released by the municipality or the person in whose | 13 | | name the
lien has been filed or his or her assignee, and the | 14 | | release may be filed of
record as in the case of filing a | 15 | | notice of lien. Unless the lien is
enforced under subsection | 16 | | (c), the lien may be enforced by foreclosure
proceedings as in | 17 | | the case of mortgage foreclosures under Article XV of the
Code | 18 | | of Civil Procedure or mechanics' lien foreclosures. An action | 19 | | to
foreclose this lien may be commenced at any time after the | 20 | | date of filing
of the notice of lien. The costs of foreclosure | 21 | | incurred by the
municipality, including court costs, | 22 | | reasonable attorneys' fees, advances
to preserve the property, | 23 | | and other costs related to the enforcement of
this subsection, | 24 | | plus statutory interest, are a lien on the real estate
and are | 25 | | recoverable by the municipality from the owner or owners of | 26 | | the
real estate.
|
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| 1 | | All liens arising under the terms of this subsection (b) | 2 | | shall be
assignable. The assignee of the lien shall have the | 3 | | same power to
enforce the lien as the assigning party, except | 4 | | that the lien may not be
enforced under subsection (c).
| 5 | | (c) In any case where a municipality has obtained a lien | 6 | | under
subsection (a), (b), or (f), the municipality may | 7 | | enforce the
lien
under
this subsection (c) in the same | 8 | | proceeding in which the lien is authorized.
| 9 | | A municipality desiring to enforce a lien under this | 10 | | subsection (c) shall
petition the court to retain jurisdiction | 11 | | for foreclosure proceedings under
this subsection. Notice of | 12 | | the petition shall be served, by certified or
registered mail, | 13 | | on all persons who were served notice under subsection
(a), | 14 | | (b), or (f). The court shall conduct a hearing on the petition | 15 | | not
less than 15
days after the notice is served. If the court | 16 | | determines that the
requirements of this subsection (c) have | 17 | | been satisfied, it shall grant the
petition and retain | 18 | | jurisdiction over the matter until the foreclosure
proceeding | 19 | | is completed. The costs of foreclosure incurred by the
| 20 | | municipality, including court costs, reasonable attorneys' | 21 | | fees, advances
to preserve the property, and other costs | 22 | | related to the enforcement of
this subsection, plus statutory | 23 | | interest, are a lien on the real estate and
are recoverable by | 24 | | the municipality from the owner or owners of the real
estate. | 25 | | If the court denies the petition, the municipality may enforce | 26 | | the
lien in a separate action as provided in subsection (a), |
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| 1 | | (b), or
(f).
| 2 | | All persons designated in Section 15-1501 of the Code of | 3 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 4 | | action shall be joined as
parties before issuance of an order | 5 | | of foreclosure. Persons designated
in Section 15-1501 of the | 6 | | Code of Civil Procedure as permissible parties
may also be | 7 | | joined as parties in the action.
| 8 | | The provisions of Article XV of the Code of Civil | 9 | | Procedure applicable to
mortgage foreclosures shall apply to | 10 | | the foreclosure of a lien under
this subsection (c), except to | 11 | | the extent that those provisions are
inconsistent with this | 12 | | subsection. For purposes of foreclosures
of liens under this | 13 | | subsection, however, the redemption period described in
| 14 | | subsection (b) of Section 15-1603 of the Code of Civil | 15 | | Procedure shall end
60 days after the date of entry of the | 16 | | order of foreclosure.
| 17 | | (d) In addition to any other remedy provided by law, the | 18 | | corporate
authorities of any municipality may petition the | 19 | | circuit court to have
property declared abandoned under this | 20 | | subsection (d) if:
| 21 | | (1) the property has been tax delinquent for 2 or more | 22 | | years or bills
for water service for the property have | 23 | | been outstanding for 2 or more years;
| 24 | | (2) the property is unoccupied by persons legally in | 25 | | possession; and
| 26 | | (3) the property's condition impairs public health, |
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| 1 | | safety, or welfare property contains a dangerous or unsafe | 2 | | building for reasons specified in the petition.
| 3 | | All persons having an interest of record in the property, | 4 | | including tax
purchasers and beneficial owners of any Illinois | 5 | | land trust having title to
the property, shall be named as | 6 | | defendants in the petition and shall be
served with process. | 7 | | In addition, service shall be had under Section
2-206 of the | 8 | | Code of Civil Procedure as in other cases affecting property , | 9 | | including publication in a newspaper that is in circulation in | 10 | | the county in which the action is pending . At least 30 days | 11 | | prior to any declaration of abandonment, the municipality or | 12 | | its agent shall post a notice not less than 1 foot by 1 foot in | 13 | | size on the front of the subject building or property. The | 14 | | notice shall be dated as of the date of the posting and state | 15 | | that the municipality is seeking a declaration of abandonment | 16 | | for the property. The notice shall also include the case | 17 | | number for the underlying circuit court petition filed | 18 | | pursuant to this subsection and a notification that the owner | 19 | | should file an appearance in the matter if the property is not | 20 | | abandoned.
| 21 | | The municipality, however, may proceed under this | 22 | | subsection in a
proceeding brought under subsection (a) or | 23 | | (b). Notice of the petition
shall be served in person or by | 24 | | certified or registered mail on all persons who were
served | 25 | | notice under subsection (a) or (b).
| 26 | | If the municipality proves that the conditions described |
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| 1 | | in this
subsection exist and (i) the owner of record of the | 2 | | property does not enter
an appearance in the action, or, if | 3 | | title to the property is held by an
Illinois land trust, if | 4 | | neither the owner of record nor the owner of the
beneficial | 5 | | interest of the trust enters an appearance, or (ii) if the | 6 | | owner of record or the beneficiary of a land trust, if title to | 7 | | the property is held by an Illinois land trust, enters an | 8 | | appearance and specifically waives his or her rights under | 9 | | this subsection (d), the court
shall declare the property | 10 | | abandoned. Notwithstanding any waiver, the municipality may | 11 | | move to dismiss its petition at any time. In addition, any | 12 | | waiver in a proceeding under this subsection (d) does not | 13 | | serve as a waiver for any other proceeding under law or equity.
| 14 | | If that determination is made, notice shall be sent in | 15 | | person or by certified or
registered mail to all persons | 16 | | having an interest of record in the
property, including tax | 17 | | purchasers and beneficial owners of any Illinois
land trust | 18 | | having title to the property, stating that title to the
| 19 | | property will be transferred to the municipality unless, | 20 | | within 30 days of
the notice, the owner of record or any other | 21 | | person having an interest in the property files with the
court | 22 | | a request to demolish any or all the dangerous or unsafe | 23 | | buildings building or to put the
building in safe condition, | 24 | | or unless the owner of record enters an appearance and proves | 25 | | that the owner does not intend to abandon the property.
| 26 | | If the owner of record enters an appearance in the action |
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| 1 | | within the 30
day period, but does not at that time file with | 2 | | the court a request to demolish the dangerous or unsafe | 3 | | building or to put the property building in safe condition, or | 4 | | specifically waive his or her rights under this subsection | 5 | | (d), the court shall vacate its order declaring the property
| 6 | | abandoned if it determines that the owner of record does not | 7 | | intend to abandon the property. In that case, the municipality | 8 | | may amend its complaint in order
to initiate proceedings under | 9 | | subsection (a), or it may request that the court order the | 10 | | owner to demolish buildings the building or repair the | 11 | | dangerous or unsafe conditions of the property building | 12 | | alleged in the petition or seek the appointment of a receiver | 13 | | or other equitable relief to correct the conditions at the | 14 | | property. The powers and rights of a receiver appointed under | 15 | | this subsection (d) shall include all of the powers and rights | 16 | | of a receiver appointed under Section 11-31-2 of this Code.
| 17 | | If a request to demolish or repair a the building or | 18 | | property is filed within the 30
day period, the court shall | 19 | | grant permission to the requesting party to
demolish the | 20 | | building or repair the property within 30 days or to restore | 21 | | the building to safe
condition within 60 days after the | 22 | | request is granted. An extension of
that period for up to 60 | 23 | | additional days may be given for good cause. If
more than one | 24 | | person with an interest in the property files a timely
| 25 | | request, preference shall be given to the owner of record if | 26 | | the owner filed a request or, if the owner did not, the person |
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| 1 | | with the lien or other
interest of the highest priority.
| 2 | | If the requesting party (other than the owner of record) | 3 | | proves to the court that the building has been
demolished or | 4 | | put in a safe condition in accordance with the local safety | 5 | | codes within the period of time granted by
the court, the court | 6 | | shall issue a quitclaim judicial deed for the
property to the | 7 | | requesting party, conveying only the interest of the owner
of | 8 | | record, upon proof of payment to the municipality of all costs | 9 | | incurred
by the municipality in connection with the action, | 10 | | including but not
limited to court costs, attorney's fees, | 11 | | administrative costs, the
costs, if any, associated with | 12 | | property maintenance building enclosure or removal , and | 13 | | receiver's
certificates. The interest in the property so | 14 | | conveyed shall be subject to
all liens and encumbrances on the | 15 | | property. In addition, if the interest is
conveyed to a person | 16 | | holding a certificate of purchase for the property
under the | 17 | | Property Tax Code, the conveyance shall
be subject to the | 18 | | rights of redemption of all persons entitled to redeem under
| 19 | | that Act, including the original owner of record. If the | 20 | | requesting party is the owner of record and proves to the court | 21 | | that the building has been demolished or put in a safe | 22 | | condition in accordance with the local safety codes within the | 23 | | period of time granted by the court, the court shall dismiss | 24 | | the proceeding under this subsection (d).
| 25 | | If the owner of record has not entered an appearance and | 26 | | proven that the owner did not intend to abandon the property, |
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| 1 | | and if no person with an interest in the property files a | 2 | | timely request or
if the requesting party fails to demolish | 3 | | the building or put the property building
in safe condition | 4 | | within the time specified by the court, the municipality
may | 5 | | petition the court to issue a judicial deed for the property to | 6 | | the
municipality or another governmental body designated by | 7 | | the municipality in the petition . A conveyance by judicial | 8 | | deed shall operate to extinguish
all existing ownership | 9 | | interests in, liens on, and other interest in the
property, | 10 | | including tax liens, and shall extinguish the rights and
| 11 | | interests of any and all holders of a bona fide certificate of | 12 | | purchase of the
property for delinquent taxes. Any such bona | 13 | | fide certificate of purchase
holder shall be
entitled to a | 14 | | sale in error as prescribed under Section 21-310 of the | 15 | | Property
Tax Code.
| 16 | | (e) Each municipality may use the provisions of this | 17 | | subsection to expedite
the removal
of certain buildings that | 18 | | are a continuing hazard to the community in which
they are | 19 | | located.
| 20 | | If a residential or commercial building is 3 stories or | 21 | | less in height as
defined by the
municipality's building code, | 22 | | and the corporate official designated to be
in charge of | 23 | | enforcing the municipality's building code determines that the
| 24 | | building is open and vacant and an immediate and continuing | 25 | | hazard to the
community in which the building is located, then | 26 | | the official shall be
authorized to post a notice not less than |
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| 1 | | 2 feet by 2 feet in size on the
front of the building. The | 2 | | notice shall be dated as of the date of the
posting and shall | 3 | | state that unless the building is demolished, repaired,
or | 4 | | enclosed, and unless any garbage, debris, and other hazardous, | 5 | | noxious,
or unhealthy substances or materials are removed so | 6 | | that an immediate and
continuing hazard to the community no | 7 | | longer exists, then the building may
be demolished, repaired, | 8 | | or enclosed, or any garbage, debris, and other
hazardous, | 9 | | noxious, or unhealthy substances or materials may be removed, | 10 | | by
the municipality.
| 11 | | Not later than 30 days following the posting of the | 12 | | notice, the
municipality shall do all of the following:
| 13 | | (1) Cause to be sent, by certified mail, return | 14 | | receipt requested,
a Notice to Remediate to all owners of
| 15 | | record of the property, the beneficial owners of any | 16 | | Illinois land trust
having title to the property, and all | 17 | | lienholders of record in the property,
stating the intent | 18 | | of the municipality to demolish,
repair, or enclose the | 19 | | building or remove any garbage, debris, or other
| 20 | | hazardous, noxious, or unhealthy substances or materials | 21 | | if that action is
not taken by the owner or owners.
| 22 | | (2) Cause to be published, in a newspaper published or | 23 | | circulated in the
municipality where the building is | 24 | | located, a notice setting forth (i)
the permanent tax | 25 | | index number and the address of the building, (ii) a
| 26 | | statement that the property is open and vacant and |
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| 1 | | constitutes an immediate and
continuing hazard to the | 2 | | community, and (iii) a statement that the municipality
| 3 | | intends to demolish, repair, or enclose the building or | 4 | | remove any garbage,
debris, or other hazardous, noxious, | 5 | | or unhealthy substances or materials if
the owner or | 6 | | owners or lienholders of record fail to do so. This notice | 7 | | shall
be published for 3 consecutive days.
| 8 | | (3) Cause to be recorded the Notice to Remediate | 9 | | mailed under paragraph
(1) in
the office of the recorder | 10 | | in the county in which the real estate is located or
in the
| 11 | | office of the registrar of titles of the county if the real | 12 | | estate is
registered under the
Registered Title (Torrens) | 13 | | Act.
| 14 | | Any person or persons with a current legal or equitable | 15 | | interest in the
property objecting to the proposed actions of | 16 | | the corporate authorities may
file his or her objection in an | 17 | | appropriate form in a court of competent
jurisdiction.
| 18 | | If the building is not demolished, repaired, or enclosed, | 19 | | or the garbage,
debris, or other hazardous, noxious, or | 20 | | unhealthy substances or materials are
not removed, within 30 | 21 | | days of mailing the notice to the owners of record,
the | 22 | | beneficial owners of any Illinois land trust having title to | 23 | | the
property, and all lienholders of record in the property, | 24 | | or
within 30 days of the last day of publication of the notice, | 25 | | whichever is
later, the corporate authorities shall have the | 26 | | power to demolish, repair, or
enclose the building or to |
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| 1 | | remove any garbage, debris, or other hazardous,
noxious, or | 2 | | unhealthy substances or materials.
| 3 | | The municipality may proceed to demolish, repair, or | 4 | | enclose a building
or remove any garbage, debris, or other | 5 | | hazardous, noxious, or unhealthy
substances or materials under | 6 | | this subsection within a 120-day period
following the date of | 7 | | the mailing of the notice if the appropriate official
| 8 | | determines that the demolition, repair, enclosure, or removal | 9 | | of any garbage,
debris, or other hazardous, noxious, or | 10 | | unhealthy substances or materials is
necessary to remedy the | 11 | | immediate and continuing hazard. If, however, before
the | 12 | | municipality proceeds with any of the actions authorized by | 13 | | this
subsection, any person with a legal or equitable interest | 14 | | in the property has
sought a hearing under this subsection | 15 | | before a
court and has served a copy of the complaint on the | 16 | | chief executive officer of
the municipality, then the | 17 | | municipality shall not proceed with the demolition,
repair, | 18 | | enclosure, or removal of garbage, debris, or other substances | 19 | | until the
court determines that that action is necessary to | 20 | | remedy the hazard and issues
an order authorizing the | 21 | | municipality to do so.
If the court dismisses the action for | 22 | | want of prosecution, the municipality
must send the objector a | 23 | | copy of the dismissal
order and a letter stating that the | 24 | | demolition, repair, enclosure, or
removal of garbage, debris, | 25 | | or other substances will proceed unless, within 30
days after | 26 | | the copy of the order and the letter are mailed, the
objector
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| 1 | | moves to vacate the dismissal and serves a
copy of the
motion | 2 | | on the chief executive officer of the municipality. | 3 | | Notwithstanding
any other law to the contrary, if the objector | 4 | | does not file a motion and give
the required notice, if the | 5 | | motion is denied by the court, or if the action is
again | 6 | | dismissed for want of prosecution, then the dismissal is with | 7 | | prejudice
and the demolition, repair, enclosure, or removal | 8 | | may proceed forthwith.
| 9 | | Following the demolition, repair, or enclosure of a | 10 | | building, or the
removal of garbage, debris, or other | 11 | | hazardous, noxious, or unhealthy
substances or materials under | 12 | | this subsection, the municipality may file a
notice of lien | 13 | | against the real estate for the cost of the demolition,
| 14 | | repair, enclosure, or removal within 180 days after the | 15 | | repair, demolition,
enclosure, or removal occurred, for the | 16 | | cost and expense incurred, in the
office of the recorder in the | 17 | | county in which the real estate is located or
in the office of | 18 | | the registrar of titles of the county if the real estate
| 19 | | affected is registered under the Registered Titles (Torrens) | 20 | | Act; this
lien has priority over the interests of those | 21 | | parties named in the
Notice to
Remediate mailed under | 22 | | paragraph (1), but not over the interests of third party
| 23 | | purchasers
or encumbrancers for value who obtained their | 24 | | interests in the property before
obtaining
actual or | 25 | | constructive notice of the lien.
The
notice of lien shall | 26 | | consist of a sworn statement setting forth (i) a
description |
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| 1 | | of the real estate, such as the address or other description of
| 2 | | the property, sufficient for its identification; (ii) the | 3 | | expenses incurred
by the municipality in undertaking the | 4 | | remedial actions authorized under
this subsection; (iii) the | 5 | | date or dates the expenses were incurred by
the municipality; | 6 | | (iv) a statement by the corporate official
responsible for | 7 | | enforcing the building code that the building was open and
| 8 | | vacant and constituted an immediate and continuing hazard
to | 9 | | the community; (v) a statement by the corporate official that | 10 | | the
required sign was posted on the building, that notice was | 11 | | sent by certified
mail to the owners of record, and that notice | 12 | | was published in accordance
with this subsection; and (vi) a | 13 | | statement as to when and where the notice
was published. The | 14 | | lien authorized by this subsection may thereafter be
released | 15 | | or enforced by the municipality as provided in subsection (a).
| 16 | | (f) The corporate authorities of each municipality may | 17 | | remove or cause the
removal of, or otherwise environmentally | 18 | | remediate hazardous substances and
petroleum products on, in,
| 19 | | or under any abandoned and unsafe property within the | 20 | | territory of a
municipality. In addition, where preliminary | 21 | | evidence indicates the presence
or likely presence of a | 22 | | hazardous substance or a petroleum product or a release
or a | 23 | | substantial
threat of a release of a hazardous substance or a | 24 | | petroleum product on, in, or
under the property, the
corporate | 25 | | authorities of the municipality may inspect the property and | 26 | | test for
the presence or release of hazardous substances and |
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| 1 | | petroleum products. In any
county having adopted
by referendum | 2 | | or otherwise a county health department as provided by | 3 | | Division
5-25 of the Counties Code or its predecessor, the | 4 | | county board of that county
may exercise the above-described | 5 | | powers with regard to property within the
territory of any | 6 | | city, village, or incorporated town having less than 50,000
| 7 | | population.
| 8 | | For purposes of this subsection (f):
| 9 | | (1) "property" or "real estate" means all real | 10 | | property, whether or
not improved by a structure;
| 11 | | (2) "abandoned" means;
| 12 | | (A) the property has been tax delinquent for 2 or | 13 | | more years;
| 14 | | (B) the property is unoccupied by persons legally | 15 | | in possession; and
| 16 | | (3) "unsafe" means property that presents an actual or | 17 | | imminent
threat to public health and safety caused by
the | 18 | | release of hazardous substances; and
| 19 | | (4) "hazardous substances" means the same as in | 20 | | Section 3.215 of the
Environmental Protection Act.
| 21 | | The corporate authorities shall apply to the circuit court | 22 | | of the county in
which the property is located (i) for an order | 23 | | allowing the municipality to
enter the property and inspect | 24 | | and test substances on, in, or under
the property; or (ii) for | 25 | | an order authorizing the
corporate authorities to take action | 26 | | with respect to remediation of the
property if conditions on |
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| 1 | | the property, based on the inspection and testing
authorized | 2 | | in paragraph (i), indicate the presence of hazardous | 3 | | substances or
petroleum products.
Remediation shall be deemed
| 4 | | complete for purposes of
paragraph (ii) above when the | 5 | | property satisfies Tier
I,
II, or
III
remediation objectives | 6 | | for the property's most recent usage, as established by
the | 7 | | Environmental Protection Act, and the rules and regulations | 8 | | promulgated
thereunder. Where, upon diligent search, the | 9 | | identity or whereabouts of the
owner or owners of the | 10 | | property, including the lien holders of record, is not
| 11 | | ascertainable, notice mailed to the person or persons in whose | 12 | | name the real
estate was last assessed is sufficient notice | 13 | | under this Section.
| 14 | | The court shall grant an order authorizing testing under | 15 | | paragraph (i) above
upon a
showing of preliminary evidence | 16 | | indicating the presence or likely presence of a
hazardous | 17 | | substance or a petroleum product or a release of
or a | 18 | | substantial threat of a release of a hazardous substance or a | 19 | | petroleum
product on, in, or under
abandoned property. The | 20 | | preliminary evidence may include, but is not limited
to, | 21 | | evidence of prior use, visual site inspection, or records of | 22 | | prior
environmental investigations. The testing authorized by | 23 | | paragraph (i) above
shall include any type of investigation | 24 | | which is necessary for an environmental
professional to | 25 | | determine the environmental condition of the property,
| 26 | | including but not limited to performance of soil borings and |
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| 1 | | groundwater
monitoring. The court shall grant a remediation | 2 | | order under paragraph (ii)
above where testing of the property | 3 | | indicates that it fails to meet the
applicable remediation | 4 | | objectives. The hearing upon the application to the
circuit | 5 | | court shall be expedited by the court and shall be given | 6 | | precedence
over
all other suits.
| 7 | | The cost of the inspection, testing, or remediation | 8 | | incurred by the
municipality or by a lien holder of record, | 9 | | including court costs, attorney's
fees, and other costs | 10 | | related to the enforcement of this Section,
is a lien on the | 11 | | real estate; except that in any instances where a
municipality
| 12 | | incurs costs
of inspection and testing but finds no hazardous | 13 | | substances or petroleum
products on the property
that present | 14 | | an actual or imminent
threat to public health and safety, such | 15 | | costs are not recoverable from the
owners nor are such costs a | 16 | | lien on the real estate. The lien is superior to
all prior | 17 | | existing liens and encumbrances, except taxes and any lien | 18 | | obtained
under subsection (a) or (e), if, within 180 days | 19 | | after the completion of the
inspection, testing, or | 20 | | remediation, the municipality or the lien holder of
record who
| 21 | | incurred the cost and expense shall file a notice of lien for | 22 | | the cost and
expense incurred in the office of the recorder in | 23 | | the county in which the real
estate is located or in the office | 24 | | of the registrar of titles of the county if
the real estate | 25 | | affected is registered under the Registered Titles (Torrens)
| 26 | | Act.
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| 1 | | The notice must consist of a sworn statement setting out | 2 | | (i) a description of
the real estate sufficient for its | 3 | | identification, (ii) the amount of money
representing the cost | 4 | | and expense incurred, and (iii) the date or dates when
the
cost | 5 | | and expense was incurred by the municipality or the lien | 6 | | holder of record.
Upon payment of the lien amount by the owner | 7 | | of or persons interested in the
property after the notice of | 8 | | lien has been filed, a release of lien shall be
issued by the | 9 | | municipality, the person in whose name the lien has been | 10 | | filed,
or the assignee of the lien, and the release may be | 11 | | filed of record as in the
case of filing notice of lien.
| 12 | | The lien may be enforced under subsection (c) or by | 13 | | foreclosure proceedings
as
in the case of mortgage | 14 | | foreclosures under Article XV of the Code of Civil
Procedure | 15 | | or mechanics' lien foreclosures; provided that where the lien | 16 | | is
enforced by foreclosure under subsection (c) or under | 17 | | either statute, the
municipality may
not proceed against the | 18 | | other assets of the owner or owners of the real estate
for any | 19 | | costs that otherwise would be recoverable under this Section | 20 | | but that
remain unsatisfied after foreclosure except where | 21 | | such additional recovery is
authorized by separate | 22 | | environmental laws. An action to foreclose this lien
may be | 23 | | commenced at any time after the date of filing of the notice of | 24 | | lien.
The costs of foreclosure incurred by the municipality, | 25 | | including court costs,
reasonable attorney's fees, advances to | 26 | | preserve the property, and other costs
related to the |
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| 1 | | enforcement of this subsection, plus statutory interest, are a
| 2 | | lien on the real estate.
| 3 | | All liens arising under this subsection (f) shall be | 4 | | assignable. The
assignee of the lien shall have the same power | 5 | | to enforce the lien as the
assigning party, except that the | 6 | | lien may not be enforced under subsection
(c).
| 7 | | (g) In any case where a municipality has obtained a lien | 8 | | under subsection
(a), the municipality may also bring an | 9 | | action for a money judgment against the
owner or owners of the | 10 | | real estate in the amount of the lien in the same manner
as | 11 | | provided for bringing causes of action in Article II of the | 12 | | Code of Civil
Procedure and, upon obtaining a judgment, file a | 13 | | judgment lien against all of
the real estate of the owner or | 14 | | owners and enforce that lien as provided for in
Article XII of | 15 | | the Code of Civil Procedure.
| 16 | | (Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
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