Illinois General Assembly - Full Text of SB3633
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Full Text of SB3633  102nd General Assembly

SB3633 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3633

 

Introduced 1/19/2022, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 140/2.25 new
55 ILCS 5/5-1121
65 ILCS 5/11-31-1  from Ch. 24, par. 11-31-1
415 ILCS 5/21  from Ch. 111 1/2, par. 1021

    Amends the Counties Code. Provides that counties must maintain documentation on the disposal of any demolition debris, clean or general, or uncontaminated soil generated during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. Amends the Municipal Code. Makes similar changes for municipalities. Amends the Freedom of Information Act and the Environmental Protection Act. Makes conforming changes. Effective immediately.


LRB102 22600 AWJ 31743 b

 

 

A BILL FOR

 

SB3633LRB102 22600 AWJ 31743 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Freedom of Information Act is amended by
5adding Section 2.25 as follows:
 
6    (5 ILCS 140/2.25 new)
7    Sec. 2.25. Demolition, repair, enclosure, or remediation
8records. Demolition, repair, enclosure, or remediation records
9submitted to a county under Section 5-1121 of the Counties
10Code or a municipality under Section 11-31-1 of the Illinois
11Municipal Code are public records subject to inspection and
12copying in accordance with the provisions of this Act; except
13that contractors' employees' addresses, telephone numbers, and
14social security numbers must be redacted by the public body
15prior to disclosure.
 
16    Section 10. The Counties Code is amended by changing
17Section 5-1121 as follows:
 
18    (55 ILCS 5/5-1121)
19    (Text of Section before amendment by P.A. 102-363)
20    Sec. 5-1121. Demolition, repair, or enclosure.
21    (a) The county board of each county may demolish, repair,

 

 

SB3633- 2 -LRB102 22600 AWJ 31743 b

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

 

 

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

 

 

SB3633- 4 -LRB102 22600 AWJ 31743 b

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

 

 

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

 

 

SB3633- 6 -LRB102 22600 AWJ 31743 b

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

 

 

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1subsection, however, the redemption period described in
2subsection (b) of Section 15-1603 of the Code of Civil
3Procedure shall end 60 days after the date of entry of the
4order of foreclosure.
5    (c) In addition to any other remedy provided by law, the
6county board of any county may petition the circuit court to
7have property declared abandoned under this subsection (c) if:
8        (1) the property has been tax delinquent for 2 or more
9    years or bills for water service for the property have
10    been outstanding for 2 or more years;
11        (2) the property is unoccupied by persons legally in
12    possession; and
13        (3) the property contains a dangerous or unsafe
14    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.
21    The county, however, may proceed under this subsection in
22a proceeding brought under subsection (a). Notice of the
23petition shall be served by certified or registered mail on
24all persons who were served notice under subsection (a).
25    If the county proves that the conditions described in this
26subsection exist and the owner of record of the property does

 

 

SB3633- 8 -LRB102 22600 AWJ 31743 b

1not enter an appearance in the action, or, if title to the
2property is held by an Illinois land trust, if neither the
3owner of record nor the owner of the beneficial interest of the
4trust enters an appearance, the court shall declare the
5property abandoned.
6    If that determination is made, notice shall be sent by
7certified or registered mail to all persons having an interest
8of record in the property, including tax purchasers and
9beneficial owners of any Illinois land trust having title to
10the property, stating that title to the property will be
11transferred to the county unless, within 30 days of the
12notice, the owner of record enters an appearance in the
13action, or unless any other person having an interest in the
14property files with the court a request to demolish the
15dangerous or unsafe building or to put the building in safe
16condition.
17    If the owner of record enters an appearance in the action
18within the 30 day period, the court shall vacate its order
19declaring the property abandoned. In that case, the county may
20amend its complaint in order to initiate proceedings under
21subsection (a).
22    If a request to demolish or repair the building is filed
23within the 30 day period, the court shall grant permission to
24the requesting party to demolish the building within 30 days
25or to restore the building to safe condition within 60 days
26after the request is granted. An extension of that period for

 

 

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1up to 60 additional days may be given for good cause. If more
2than one person with an interest in the property files a timely
3request, preference shall be given to the person with the lien
4or other interest of the highest priority.
5    If the requesting party proves to the court that the
6building has been demolished or put in a safe condition within
7the period of time granted by the court, the court shall issue
8a quitclaim judicial deed for the property to the requesting
9party, conveying only the interest of the owner of record,
10upon proof of payment to the county of all costs incurred by
11the county in connection with the action, including but not
12limited to court costs, attorney's fees, administrative costs,
13the costs, if any, associated with building enclosure or
14removal, and receiver's certificates. The interest in the
15property so conveyed shall be subject to all liens and
16encumbrances on the property. In addition, if the interest is
17conveyed to a person holding a certificate of purchase for the
18property under the Property Tax Code, the conveyance shall be
19subject to the rights of redemption of all persons entitled to
20redeem under that Act, including the original owner of record.
21    If no person with an interest in the property files a
22timely request or if the requesting party fails to demolish
23the building or put the building in safe condition within the
24time specified by the court, the county may petition the court
25to issue a judicial deed for the property to the county. A
26conveyance by judicial deed shall operate to extinguish all

 

 

SB3633- 10 -LRB102 22600 AWJ 31743 b

1existing ownership interests in, liens on, and other interest
2in the property, including tax liens.
3    (d) Each county may use the provisions of this subsection
4to expedite the removal of certain buildings that are a
5continuing hazard to the community in which they are located.
6    If the official designated to be in charge of enforcing
7the county's building code determines that a building is open
8and vacant and an immediate and continuing hazard to the
9community in which the building is located, then the official
10shall be authorized to post a notice not less than 2 feet by 2
11feet in size on the front of the building. The notice shall be
12dated as of the date of the posting and shall state that unless
13the building is demolished, repaired, or enclosed, and unless
14any garbage, debris, and other hazardous, noxious, or
15unhealthy substances or materials are removed so that an
16immediate and continuing hazard to the community no longer
17exists, then the building may be demolished, repaired, or
18enclosed, or any garbage, debris, and other hazardous,
19noxious, or unhealthy substances or materials may be removed,
20by the county.
21    Not later than 30 days following the posting of the
22notice, the county shall do both of the following:
23        (1) Cause to be sent, by certified mail, return
24    receipt requested, a notice to all owners of record of the
25    property, the beneficial owners of any Illinois land trust
26    having title to the property, and all lienholders of

 

 

SB3633- 11 -LRB102 22600 AWJ 31743 b

1    record in the property, stating the intent of the county
2    to demolish, repair, or enclose the building or remove any
3    garbage, debris, or other hazardous, noxious, or unhealthy
4    substances or materials if that action is not taken by the
5    owner or owners.
6        (2) Cause to be published, in a newspaper published or
7    circulated in the county where the building is located, a
8    notice setting forth (i) the permanent tax index number
9    and the address of the building, (ii) a statement that the
10    property is open and vacant and constitutes an immediate
11    and continuing hazard to the community, and (iii) a
12    statement that the county intends to demolish, repair, or
13    enclose the building or remove any garbage, debris, or
14    other hazardous, noxious, or unhealthy substances or
15    materials if the owner or owners or lienholders of record
16    fail to do so. This notice shall be published for 3
17    consecutive days.
18    A person objecting to the proposed actions of the county
19board may file his or her objection in an appropriate form in a
20court of competent jurisdiction.
21    If the building is not demolished, repaired, or enclosed,
22or the garbage, debris, or other hazardous, noxious, or
23unhealthy substances or materials are not removed, within 30
24days of mailing the notice to the owners of record, the
25beneficial owners of any Illinois land trust having title to
26the property, and all lienholders of record in the property,

 

 

SB3633- 12 -LRB102 22600 AWJ 31743 b

1or within 30 days of the last day of publication of the notice,
2whichever is later, the county board shall have the power to
3demolish, repair, or enclose the building or to remove any
4garbage, debris, or other hazardous, noxious, or unhealthy
5substances or materials.
6    The county may proceed to demolish, repair, or enclose a
7building or remove any garbage, debris, or other hazardous,
8noxious, or unhealthy substances or materials under this
9subsection within a 120-day period following the date of the
10mailing of the notice if the appropriate official determines
11that the demolition, repair, enclosure, or removal of any
12garbage, debris, or other hazardous, noxious, or unhealthy
13substances or materials is necessary to remedy the immediate
14and continuing hazard. If, however, before the county proceeds
15with any of the actions authorized by this subsection, any
16person has sought a hearing under this subsection before a
17court and has served a copy of the complaint on the chief
18executive officer of the county, then the county shall not
19proceed with the demolition, repair, enclosure, or removal of
20garbage, debris, or other substances until the court
21determines that that action is necessary to remedy the hazard
22and issues an order authorizing the county to do so.
23    The county must maintain documentation on the disposal of
24any demolition debris, clean or general, or uncontaminated
25soil generated during the demolition, repair, or enclosure of
26a building for a period of 3 years identifying the hauler,

 

 

SB3633- 13 -LRB102 22600 AWJ 31743 b

1generator, place of origin of the debris or soil, the weight or
2volume of the debris or soil, and the location, owner, and
3operator of the facility where the debris or soil was
4transferred, disposed, recycled, or treated.
5    Following the demolition, repair, or enclosure of a
6building, or the removal of garbage, debris, or other
7hazardous, noxious, or unhealthy substances or materials under
8this subsection, the county may file a notice of lien against
9the real estate for the cost of the demolition, repair,
10enclosure, or removal within 180 days after the repair,
11demolition, enclosure, or removal occurred, for the cost and
12expense incurred, in the office of the recorder in the county
13in which the real estate is located or in the office of the
14registrar of titles of the county if the real estate affected
15is registered under the Registered Titles (Torrens) Act. The
16notice of lien shall consist of a sworn statement setting
17forth (i) a description of the real estate, such as the address
18or other description of the property, sufficient for its
19identification; (ii) the expenses incurred by the county in
20undertaking the remedial actions authorized under this
21subsection; (iii) the date or dates the expenses were incurred
22by the county; (iv) a statement by the official responsible
23for enforcing the building code that the building was open and
24vacant and constituted an immediate and continuing hazard to
25the community; (v) a statement by the official that the
26required sign was posted on the building, that notice was sent

 

 

SB3633- 14 -LRB102 22600 AWJ 31743 b

1by certified mail to the owners of record, and that notice was
2published in accordance with this subsection; and (vi) a
3statement as to when and where the notice was published. The
4lien authorized by this subsection may thereafter be released
5or enforced by the county as provided in subsection (a).
6    (e) In any case where a county has obtained a lien under
7subsection (a), the county may also bring an action for a money
8judgment against the owner or owners of the real estate in the
9amount of the lien in the same manner as provided for bringing
10causes of action in Article II of the Code of Civil Procedure
11and, upon obtaining a judgment, file a judgment lien against
12all of the real estate of the owner or owners and enforce that
13lien as provided for in Article XII of the Code of Civil
14Procedure.
15    (f) In addition to any other remedy provided by law, if a
16county finds that within a residential property of 1 acre or
17less there is an accumulation or concentration of: garbage;
18organic materials in an active state of decomposition
19including, but not limited to, carcasses, food waste, or other
20spoiled or rotting materials; human or animal waste; debris;
21or other hazardous, noxious, or unhealthy substances or
22materials, which present an immediate threat to the public
23health or safety or the health and safety of the occupants of
24the property, the county may, without any administrative
25procedure to bond, petition the court for immediate injunctive
26relief to abate or cause the abatement of the condition that is

 

 

SB3633- 15 -LRB102 22600 AWJ 31743 b

1causing the threat to health or safety, including an order
2causing the removal of any unhealthy or unsafe accumulations
3or concentrations of the material or items listed in this
4subsection from the structure or property. The county shall
5file with the circuit court in which the property is located a
6petition for an order authorizing the abatement of the
7condition that is causing the threat to health or safety. A
8hearing on the petition shall be set within 5 days, not
9including weekends or holidays, from the date of filing. To
10provide notice of such hearing, the county shall make every
11effort to serve the property's owners of record with the
12petition and summons and, if such service cannot be had, shall
13provide an affidavit to the court at the hearing showing the
14service could not be had and the efforts taken to locate and
15serve the owners of record. The county shall also post a sign
16at the property notifying all persons of the court proceeding.
17Following the abatement actions, the county may file a notice
18of lien for the cost and expense of actions taken under this
19subsection as provided in subsection (a).
20(Source: P.A. 101-200, eff. 1-1-20.)
 
21    (Text of Section after amendment by P.A. 102-363)
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
25dangerous and unsafe buildings or uncompleted and abandoned

 

 

SB3633- 16 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 17 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 18 -LRB102 22600 AWJ 31743 b

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

 

 

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1lien may be commenced at any time after the date of filing of
2the notice of lien. The costs of foreclosure incurred by the
3county, including court costs, reasonable attorney's fees,
4advances to preserve the property, and other costs related to
5the enforcement of this subsection, plus statutory interest,
6are a lien on the real estate and are recoverable by the county
7from the owner or owners of the 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 (b).
12    If the appropriate official of any county determines that
13any dangerous and unsafe building or uncompleted and abandoned
14building within its territory fulfills the requirements for an
15action by the county under the Abandoned Housing
16Rehabilitation Act, the county may petition under that Act in
17a proceeding brought under this subsection.
18    (b) In any case where a county has obtained a lien under
19subsection (a), the county may enforce the lien under this
20subsection (b) in the same proceeding in which the lien is
21authorized.
22    A county desiring to enforce a lien under this subsection
23(b) shall petition the court to retain jurisdiction for
24foreclosure proceedings under this subsection. Notice of the
25petition shall be served, by certified or registered mail, on
26all persons who were served notice under subsection (a). The

 

 

SB3633- 20 -LRB102 22600 AWJ 31743 b

1court shall conduct a hearing on the petition not less than 15
2days after the notice is served. If the court determines that
3the requirements of this subsection (b) have been satisfied,
4it shall grant the petition and retain jurisdiction over the
5matter until the foreclosure proceeding is completed. The
6costs of foreclosure incurred by the county, including court
7costs, reasonable attorneys' fees, advances to preserve the
8property, and other costs related to the enforcement of this
9subsection, plus statutory interest, are a lien on the real
10estate and are recoverable by the county from the owner or
11owners of the real estate. If the court denies the petition,
12the county may enforce the lien in a separate action as
13provided in subsection (a).
14    All persons designated in Section 15-1501 of the Code of
15Civil Procedure as necessary parties in a mortgage foreclosure
16action shall be joined as parties before issuance of an order
17of foreclosure. Persons designated in Section 15-1501 of the
18Code of Civil Procedure as permissible parties may also be
19joined as parties in the action.
20    The provisions of Article XV of the Code of Civil
21Procedure applicable to mortgage foreclosures shall apply to
22the foreclosure of a lien under this subsection (b), except to
23the extent that those provisions are inconsistent with this
24subsection. For purposes of foreclosures of liens under this
25subsection, however, the redemption period described in
26subsection (b) of Section 15-1603 of the Code of Civil

 

 

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1Procedure shall end 60 days after the date of entry of the
2order of foreclosure.
3    (c) In addition to any other remedy provided by law, the
4county board of any county may petition the circuit court to
5have property declared abandoned under this subsection (c) if:
6        (1) the property has been tax delinquent for 2 or more
7    years or bills for water service for the property have
8    been outstanding for 2 or more years;
9        (2) the property is unoccupied by persons legally in
10    possession; and
11        (3) the property's condition impairs public health,
12    safety, or welfare for reasons specified in the petition.
13    All persons having an interest of record in the property,
14including tax purchasers and beneficial owners of any Illinois
15land trust having title to the property, shall be named as
16defendants in the petition and shall be served with process.
17In addition, service shall be had under Section 2-206 of the
18Code of Civil Procedure as in other cases affecting property,
19including publication in a newspaper that is in circulation in
20the county in which the action is pending. At least 30 days
21prior to any declaration of abandonment, the county or its
22agent shall post a notice not less than 1 foot by 1 foot in
23size on the front of the subject building or property. The
24notice shall be dated as of the date of the posting and state
25that the county is seeking a declaration of abandonment for
26the property. The notice shall also include the case number

 

 

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

 

 

SB3633- 23 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 24 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 25 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 26 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 27 -LRB102 22600 AWJ 31743 b

1with any of the actions authorized by this subsection, any
2person has sought a hearing under this subsection before a
3court and has served a copy of the complaint on the chief
4executive officer of the county, then the county shall not
5proceed with the demolition, repair, enclosure, or removal of
6garbage, debris, or other substances until the court
7determines that that action is necessary to remedy the hazard
8and issues an order authorizing the county to do so.
9    The county must maintain documentation on the disposal of
10any demolition debris, clean or general, or uncontaminated
11soil generated during the demolition, repair, or enclosure of
12a building for a period of 3 years identifying the hauler,
13generator, place of origin of the debris or soil, the weight or
14volume of the debris or soil, and the location, owner, and
15operator of the facility where the debris or soil was
16transferred, disposed, recycled, or treated.
17    Following the demolition, repair, or enclosure of a
18building, or the removal of garbage, debris, or other
19hazardous, noxious, or unhealthy substances or materials under
20this subsection, the county may file a notice of lien against
21the real estate for the cost of the demolition, repair,
22enclosure, or removal within 180 days after the repair,
23demolition, enclosure, or removal occurred, for the cost and
24expense incurred, in the office of the recorder in the county
25in which the real estate is located or in the office of the
26registrar of titles of the county if the real estate affected

 

 

SB3633- 28 -LRB102 22600 AWJ 31743 b

1is registered under the Registered Titles (Torrens) Act. The
2notice of lien shall consist of a sworn statement setting
3forth (i) a description of the real estate, such as the address
4or other description of the property, sufficient for its
5identification; (ii) the expenses incurred by the county in
6undertaking the remedial actions authorized under this
7subsection; (iii) the date or dates the expenses were incurred
8by the county; (iv) a statement by the official responsible
9for enforcing the building code that the building was open and
10vacant and constituted an immediate and continuing hazard to
11the community; (v) a statement by the official that the
12required sign was posted on the building, that notice was sent
13by certified mail to the owners of record, and that notice was
14published in accordance with this subsection; and (vi) a
15statement as to when and where the notice was published. The
16lien authorized by this subsection may thereafter be released
17or enforced by the county as provided in subsection (a).
18    (e) In any case where a county has obtained a lien under
19subsection (a), the county may also bring an action for a money
20judgment against the owner or owners of the real estate in the
21amount of the lien in the same manner as provided for bringing
22causes of action in Article II of the Code of Civil Procedure
23and, upon obtaining a judgment, file a judgment lien against
24all of the real estate of the owner or owners and enforce that
25lien as provided for in Article XII of the Code of Civil
26Procedure.

 

 

SB3633- 29 -LRB102 22600 AWJ 31743 b

1    (f) In addition to any other remedy provided by law, if a
2county finds that within a residential property of 1 acre or
3less there is an accumulation or concentration of: garbage;
4organic materials in an active state of decomposition
5including, but not limited to, carcasses, food waste, or other
6spoiled or rotting materials; human or animal waste; debris;
7or other hazardous, noxious, or unhealthy substances or
8materials, which present an immediate threat to the public
9health or safety or the health and safety of the occupants of
10the property, the county may, without any administrative
11procedure to bond, petition the court for immediate injunctive
12relief to abate or cause the abatement of the condition that is
13causing the threat to health or safety, including an order
14causing the removal of any unhealthy or unsafe accumulations
15or concentrations of the material or items listed in this
16subsection from the structure or property. The county shall
17file with the circuit court in which the property is located a
18petition for an order authorizing the abatement of the
19condition that is causing the threat to health or safety. A
20hearing on the petition shall be set within 5 days, not
21including weekends or holidays, from the date of filing. To
22provide notice of such hearing, the county shall make every
23effort to serve the property's owners of record with the
24petition and summons and, if such service cannot be had, shall
25provide an affidavit to the court at the hearing showing the
26service could not be had and the efforts taken to locate and

 

 

SB3633- 30 -LRB102 22600 AWJ 31743 b

1serve the owners of record. The county shall also post a sign
2at the property notifying all persons of the court proceeding.
3Following the abatement actions, the county may file a notice
4of lien for the cost and expense of actions taken under this
5subsection as provided in subsection (a).
6(Source: P.A. 101-200, eff. 1-1-20; 102-363, eff. 1-1-22.)
 
7    Section 15. The Illinois Municipal Code is amended by
8changing Section 11-31-1 as follows:
 
9    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
10    (Text of Section before amendment by P.A. 102-363)
11    Sec. 11-31-1. Demolition, repair, enclosure, or
12remediation.
13    (a) The corporate authorities of each municipality may
14demolish, repair, or enclose or cause the demolition, repair,
15or enclosure of dangerous and unsafe buildings or uncompleted
16and abandoned buildings within the territory of the
17municipality and may remove or cause the removal of garbage,
18debris, and other hazardous, noxious, or unhealthy substances
19or materials from those buildings. In any county having
20adopted by referendum or otherwise a county health department
21as provided by Division 5-25 of the Counties Code or its
22predecessor, the county board of that county may exercise
23those powers with regard to dangerous and unsafe buildings or
24uncompleted and abandoned buildings within the territory of

 

 

SB3633- 31 -LRB102 22600 AWJ 31743 b

1any city, village, or incorporated town having less than
250,000 population.
3    The corporate authorities shall apply to the circuit court
4of the county in which the building is located (i) for an order
5authorizing action to be taken with respect to a building if
6the owner or owners of the building, including the lien
7holders of record, after at least 15 days' written notice by
8mail so to do, have failed to put the building in a safe
9condition or to demolish it or (ii) for an order requiring the
10owner or owners of record to demolish, repair, or enclose the
11building or to remove garbage, debris, and other hazardous,
12noxious, or unhealthy substances or materials from the
13building. It is not a defense to the cause of action that the
14building is boarded up or otherwise enclosed, although the
15court may order the defendant to have the building boarded up
16or otherwise enclosed. Where, upon diligent search, the
17identity or whereabouts of the owner or owners of the
18building, including the lien holders of record, is not
19ascertainable, notice mailed to the person or persons in whose
20name the real estate was last assessed is sufficient notice
21under this Section.
22    The hearing upon the application to the circuit court
23shall be expedited by the court and shall be given precedence
24over all other suits. Any person entitled to bring an action
25under subsection (b) shall have the right to intervene in an
26action brought under this Section.

 

 

SB3633- 32 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 33 -LRB102 22600 AWJ 31743 b

1release may be filed of record as in the case of filing notice
2of lien. Unless the lien is enforced under subsection (c), the
3lien may be enforced by foreclosure proceedings as in the case
4of mortgage foreclosures under Article XV of the Code of Civil
5Procedure or mechanics' lien foreclosures. An action to
6foreclose this lien may be commenced at any time after the date
7of filing of the notice of lien. The costs of foreclosure
8incurred by the municipality, including court costs,
9reasonable attorney's fees, advances to preserve the property,
10and other costs related to the enforcement of this subsection,
11plus statutory interest, are a lien on the real estate and are
12recoverable by the municipality from the owner or owners of
13the real estate.
14    All liens arising under this subsection (a) shall be
15assignable. The assignee of the lien shall have the same power
16to enforce the lien as the assigning party, except that the
17lien may not be enforced under subsection (c).
18    If the appropriate official of any municipality determines
19that any dangerous and unsafe building or uncompleted and
20abandoned building within its territory fulfills the
21requirements for an action by the municipality under the
22Abandoned Housing Rehabilitation Act, the municipality may
23petition under that Act in a proceeding brought under this
24subsection.
25    (b) Any owner or tenant of real property within 1200 feet
26in any direction of any dangerous or unsafe building located

 

 

SB3633- 34 -LRB102 22600 AWJ 31743 b

1within the territory of a municipality with a population of
2500,000 or more may file with the appropriate municipal
3authority a request that the municipality apply to the circuit
4court of the county in which the building is located for an
5order permitting the demolition, removal of garbage, debris,
6and other noxious or unhealthy substances and materials from,
7or repair or enclosure of the building in the manner
8prescribed in subsection (a) of this Section. If the
9municipality fails to institute an action in circuit court
10within 90 days after the filing of the request, the owner or
11tenant of real property within 1200 feet in any direction of
12the building may institute an action in circuit court seeking
13an order compelling the owner or owners of record to demolish,
14remove garbage, debris, and other noxious or unhealthy
15substances and materials from, repair or enclose or to cause
16to be demolished, have garbage, debris, and other noxious or
17unhealthy substances and materials removed from, repaired, or
18enclosed the building in question. A private owner or tenant
19who institutes an action under the preceding sentence shall
20not be required to pay any fee to the clerk of the circuit
21court. The cost of repair, removal, demolition, or enclosure
22shall be borne by the owner or owners of record of the
23building. In the event the owner or owners of record fail to
24demolish, remove garbage, debris, and other noxious or
25unhealthy substances and materials from, repair, or enclose
26the building within 90 days of the date the court entered its

 

 

SB3633- 35 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 36 -LRB102 22600 AWJ 31743 b

1municipality or the person or persons who paid the costs of
2demolition, removal, repair, or enclosure shall file a notice
3of lien of the cost and expense incurred in the office of the
4recorder in the county in which the real estate is located or
5in the office of the registrar of the county if the real estate
6affected is registered under the Registered Titles (Torrens)
7Act. The notice shall be in a form as is provided in subsection
8(a). An owner or tenant who institutes an action in circuit
9court seeking an order to compel the owner or owners of record
10to demolish, remove materials from, repair, or enclose any
11dangerous or unsafe building, or to cause that action to be
12taken under this subsection may recover court costs and
13reasonable attorney's fees for instituting the action from the
14owner or owners of record of the building. Upon payment of the
15costs and expenses by the owner of or a person interested in
16the property after the notice of lien has been filed, the lien
17shall be released by the municipality or the person in whose
18name the lien has been filed or his or her assignee, and the
19release may be filed of record as in the case of filing a
20notice of lien. Unless the lien is enforced under subsection
21(c), the lien may be enforced by foreclosure proceedings as in
22the case of mortgage foreclosures under Article XV of the Code
23of Civil Procedure or mechanics' lien foreclosures. An action
24to foreclose this lien may be commenced at any time after the
25date of filing of the notice of lien. The costs of foreclosure
26incurred by the municipality, including court costs,

 

 

SB3633- 37 -LRB102 22600 AWJ 31743 b

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

 

 

SB3633- 38 -LRB102 22600 AWJ 31743 b

1related to the enforcement of this subsection, plus statutory
2interest, are a lien on the real estate and are recoverable by
3the municipality from the owner or owners of the real estate.
4If the court denies the petition, the municipality may enforce
5the lien in a separate action as provided in subsection (a),
6(b), or (f).
7    All persons designated in Section 15-1501 of the Code of
8Civil Procedure as necessary parties in a mortgage foreclosure
9action shall be joined as parties before issuance of an order
10of foreclosure. Persons designated in Section 15-1501 of the
11Code of Civil Procedure as permissible parties may also be
12joined as parties in the action.
13    The provisions of Article XV of the Code of Civil
14Procedure applicable to mortgage foreclosures shall apply to
15the foreclosure of a lien under this subsection (c), except to
16the extent that those provisions are inconsistent with this
17subsection. For purposes of foreclosures of liens under this
18subsection, however, the redemption period described in
19subsection (b) of Section 15-1603 of the Code of Civil
20Procedure shall end 60 days after the date of entry of the
21order of foreclosure.
22    (d) In addition to any other remedy provided by law, the
23corporate authorities of any municipality may petition the
24circuit court to have property declared abandoned under this
25subsection (d) if:
26        (1) the property has been tax delinquent for 2 or more

 

 

SB3633- 39 -LRB102 22600 AWJ 31743 b

1    years or bills for water service for the property have
2    been outstanding for 2 or more years;
3        (2) the property is unoccupied by persons legally in
4    possession; and
5        (3) the property contains a dangerous or unsafe
6    building for reasons specified in the petition.
7    All persons having an interest of record in the property,
8including tax purchasers and beneficial owners of any Illinois
9land trust having title to the property, shall be named as
10defendants in the petition and shall be served with process.
11In addition, service shall be had under Section 2-206 of the
12Code of Civil Procedure as in other cases affecting property.
13    The municipality, however, may proceed under this
14subsection in a proceeding brought under subsection (a) or
15(b). Notice of the petition shall be served in person or by
16certified or registered mail on all persons who were served
17notice under subsection (a) or (b).
18    If the municipality proves that the conditions described
19in this subsection exist and (i) the owner of record of the
20property does not enter an appearance in the action, or, if
21title to the property is held by an Illinois land trust, if
22neither the owner of record nor the owner of the beneficial
23interest of the trust enters an appearance, or (ii) if the
24owner of record or the beneficiary of a land trust, if title to
25the property is held by an Illinois land trust, enters an
26appearance and specifically waives his or her rights under

 

 

SB3633- 40 -LRB102 22600 AWJ 31743 b

1this subsection (d), the court shall declare the property
2abandoned. Notwithstanding any waiver, the municipality may
3move to dismiss its petition at any time. In addition, any
4waiver in a proceeding under this subsection (d) does not
5serve as a waiver for any other proceeding under law or equity.
6    If that determination is made, notice shall be sent in
7person or by certified or registered mail to all persons
8having an interest of record in the property, including tax
9purchasers and beneficial owners of any Illinois land trust
10having title to the property, stating that title to the
11property will be transferred to the municipality unless,
12within 30 days of the notice, the owner of record or any other
13person having an interest in the property files with the court
14a request to demolish the dangerous or unsafe building or to
15put the building in safe condition, or unless the owner of
16record enters an appearance and proves that the owner does not
17intend to abandon the property.
18    If the owner of record enters an appearance in the action
19within the 30 day period, but does not at that time file with
20the court a request to demolish the dangerous or unsafe
21building or to put the building in safe condition, or
22specifically waive his or her rights under this subsection
23(d), the court shall vacate its order declaring the property
24abandoned if it determines that the owner of record does not
25intend to abandon the property. In that case, the municipality
26may amend its complaint in order to initiate proceedings under

 

 

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1subsection (a), or it may request that the court order the
2owner to demolish the building or repair the dangerous or
3unsafe conditions of the building alleged in the petition or
4seek the appointment of a receiver or other equitable relief
5to correct the conditions at the property. The powers and
6rights of a receiver appointed under this subsection (d) shall
7include all of the powers and rights of a receiver appointed
8under Section 11-31-2 of this Code.
9    If a request to demolish or repair the building is filed
10within the 30 day period, the court shall grant permission to
11the requesting party to demolish the building within 30 days
12or to restore the building to safe condition within 60 days
13after the request is granted. An extension of that period for
14up to 60 additional days may be given for good cause. If more
15than one person with an interest in the property files a timely
16request, preference shall be given to the owner of record if
17the owner filed a request or, if the owner did not, the person
18with the lien or other interest of the highest priority.
19    If the requesting party (other than the owner of record)
20proves to the court that the building has been demolished or
21put in a safe condition in accordance with the local safety
22codes within the period of time granted by the court, the court
23shall issue a quitclaim judicial deed for the property to the
24requesting party, conveying only the interest of the owner of
25record, upon proof of payment to the municipality of all costs
26incurred by the municipality in connection with the action,

 

 

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

 

 

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1bona fide certificate of purchase of the property for
2delinquent taxes. Any such bona fide certificate of purchase
3holder shall be entitled to a sale in error as prescribed under
4Section 21-310 of the Property Tax Code.
5    (e) Each municipality may use the provisions of this
6subsection to expedite the removal of certain buildings that
7are a continuing hazard to the community in which they are
8located.
9    If a residential or commercial building is 3 stories or
10less in height as defined by the municipality's building code,
11and the corporate official designated to be in charge of
12enforcing the municipality's building code determines that the
13building is open and vacant and an immediate and continuing
14hazard to the community in which the building is located, then
15the official shall be authorized to post a notice not less than
162 feet by 2 feet in size on the front of the building. The
17notice shall be dated as of the date of the posting and shall
18state that unless the building is demolished, repaired, or
19enclosed, and unless any garbage, debris, and other hazardous,
20noxious, or unhealthy substances or materials are removed so
21that an immediate and continuing hazard to the community no
22longer exists, then the building may be demolished, repaired,
23or enclosed, or any garbage, debris, and other hazardous,
24noxious, or unhealthy substances or materials may be removed,
25by the municipality.
26    Not later than 30 days following the posting of the

 

 

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1notice, the municipality shall do all of the following:
2        (1) Cause to be sent, by certified mail, return
3    receipt requested, a Notice to Remediate to all owners of
4    record of the property, the beneficial owners of any
5    Illinois land trust having title to the property, and all
6    lienholders of record in the property, stating the intent
7    of the municipality to demolish, repair, or enclose the
8    building or remove any garbage, debris, or other
9    hazardous, noxious, or unhealthy substances or materials
10    if that action is not taken by the owner or owners.
11        (2) Cause to be published, in a newspaper published or
12    circulated in the municipality where the building is
13    located, a notice setting forth (i) the permanent tax
14    index number and the address of the building, (ii) a
15    statement that the property is open and vacant and
16    constitutes an immediate and continuing hazard to the
17    community, and (iii) a statement that the municipality
18    intends to demolish, repair, or enclose the building or
19    remove any garbage, debris, or other hazardous, noxious,
20    or unhealthy substances or materials if the owner or
21    owners or lienholders of record fail to do so. This notice
22    shall be published for 3 consecutive days.
23        (3) Cause to be recorded the Notice to Remediate
24    mailed under paragraph (1) in the office of the recorder
25    in the county in which the real estate is located or in the
26    office of the registrar of titles of the county if the real

 

 

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1    estate is registered under the Registered Title (Torrens)
2    Act.
3    Any person or persons with a current legal or equitable
4interest in the property objecting to the proposed actions of
5the corporate authorities may file his or her objection in an
6appropriate form in a court of competent jurisdiction.
7    If the building is not demolished, repaired, or enclosed,
8or the garbage, debris, or other hazardous, noxious, or
9unhealthy substances or materials are not removed, within 30
10days of mailing the notice to the owners of record, the
11beneficial owners of any Illinois land trust having title to
12the property, and all lienholders of record in the property,
13or within 30 days of the last day of publication of the notice,
14whichever is later, the corporate authorities shall have the
15power to demolish, repair, or enclose the building or to
16remove any garbage, debris, or other hazardous, noxious, or
17unhealthy substances or materials.
18    The municipality may proceed to demolish, repair, or
19enclose a building or remove any garbage, debris, or other
20hazardous, noxious, or unhealthy substances or materials under
21this subsection within a 120-day period following the date of
22the mailing of the notice if the appropriate official
23determines that the demolition, repair, enclosure, or removal
24of any garbage, debris, or other hazardous, noxious, or
25unhealthy substances or materials is necessary to remedy the
26immediate and continuing hazard. If, however, before the

 

 

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1municipality proceeds with any of the actions authorized by
2this subsection, any person with a legal or equitable interest
3in the property has sought a hearing under this subsection
4before a court and has served a copy of the complaint on the
5chief executive officer of the municipality, then the
6municipality shall not proceed with the demolition, repair,
7enclosure, or removal of garbage, debris, or other substances
8until the court determines that that action is necessary to
9remedy the hazard and issues an order authorizing the
10municipality to do so. If the court dismisses the action for
11want of prosecution, the municipality must send the objector a
12copy of the dismissal order and a letter stating that the
13demolition, repair, enclosure, or removal of garbage, debris,
14or other substances will proceed unless, within 30 days after
15the copy of the order and the letter are mailed, the objector
16moves to vacate the dismissal and serves a copy of the motion
17on the chief executive officer of the municipality.
18Notwithstanding any other law to the contrary, if the objector
19does not file a motion and give the required notice, if the
20motion is denied by the court, or if the action is again
21dismissed for want of prosecution, then the dismissal is with
22prejudice and the demolition, repair, enclosure, or removal
23may proceed forthwith.
24    The municipality must maintain documentation on the
25disposal of any demolition debris, clean or general, or
26uncontaminated soil generated during the demolition, repair,

 

 

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1or enclosure of a building for a period of 3 years identifying
2the hauler, generator, place of origin of the debris or soil,
3the weight or volume of the debris or soil, and the location,
4owner, and operator of the facility where the debris or soil
5was transferred, disposed, recycled, or treated.
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.)
 
14    (Text of Section after amendment by P.A. 102-363)
15    Sec. 11-31-1. Demolition, repair, enclosure, or
16remediation.
17    (a) The corporate authorities of each municipality may
18demolish, repair, or enclose or cause the demolition, repair,
19or enclosure of dangerous and unsafe buildings or uncompleted
20and abandoned buildings within the territory of the
21municipality and may remove or cause the removal of garbage,
22debris, and other hazardous, noxious, or unhealthy substances
23or materials from those buildings. In any county having
24adopted by referendum or otherwise a county health department
25as provided by Division 5-25 of the Counties Code or its

 

 

SB3633- 54 -LRB102 22600 AWJ 31743 b

1predecessor, the county board of that county may exercise
2those powers with regard to dangerous and unsafe buildings or
3uncompleted and abandoned buildings within the territory of
4any city, village, or incorporated town having less than
550,000 population.
6    The corporate authorities shall apply to the circuit court
7of the county in which the building is located (i) for an order
8authorizing action to be taken with respect to a building if
9the owner or owners of the building, including the lien
10holders of record, after at least 15 days' written notice by
11mail so to do, have failed to put the building in a safe
12condition or to demolish it or (ii) for an order requiring the
13owner or owners of record to demolish, repair, or enclose the
14building or to remove garbage, debris, and other hazardous,
15noxious, or unhealthy substances or materials from the
16building. It is not a defense to the cause of action that the
17building is boarded up or otherwise enclosed, although the
18court may order the defendant to have the building boarded up
19or otherwise enclosed. Where, upon diligent search, the
20identity or whereabouts of the owner or owners of the
21building, including the lien holders of record, is not
22ascertainable, notice mailed to the person or persons in whose
23name the real estate was last assessed is sufficient notice
24under this Section.
25    The hearing upon the application to the circuit court
26shall be expedited by the court and shall be given precedence

 

 

SB3633- 55 -LRB102 22600 AWJ 31743 b

1over all other suits. Any person entitled to bring an action
2under subsection (b) shall have the right to intervene in an
3action brought under this Section.
4    The cost of the demolition, repair, enclosure, or removal
5incurred by the municipality, by an intervenor, or by a lien
6holder of record, including court costs, attorney's fees, and
7other costs related to the enforcement of this Section, is
8recoverable from the owner or owners of the real estate or the
9previous owner or both if the property was transferred during
10the 15 day notice period and is a lien on the real estate; the
11lien is superior to all prior existing liens and encumbrances,
12except taxes, if, within 180 days after the repair,
13demolition, enclosure, or removal, the municipality, the lien
14holder of record, or the intervenor who incurred the cost and
15expense shall file a notice of lien for the cost and expense
16incurred in the office of the recorder in the county in which
17the real estate is located or in the office of the registrar of
18titles of the county if the real estate affected is registered
19under the Registered Titles (Torrens) Act.
20    The notice must consist of a sworn statement setting out
21(1) a description of the real estate sufficient for its
22identification, (2) the amount of money representing the cost
23and expense incurred, and (3) the date or dates when the cost
24and expense was incurred by the municipality, the lien holder
25of record, or the intervenor. Upon payment of the cost and
26expense by the owner of or persons interested in the property

 

 

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1after the notice of lien has been filed, the lien shall be
2released by the municipality, the person in whose name the
3lien has been filed, or the assignee of the lien, and the
4release may be filed of record as in the case of filing notice
5of lien. Unless the lien is enforced under subsection (c), the
6lien may be enforced by foreclosure proceedings as in the case
7of mortgage foreclosures under Article XV of the Code of Civil
8Procedure or mechanics' lien foreclosures. An action to
9foreclose this lien may be commenced at any time after the date
10of filing of the notice of lien. The costs of foreclosure
11incurred by the municipality, including court costs,
12reasonable attorney's fees, advances to preserve the property,
13and other costs related to the enforcement of this subsection,
14plus statutory interest, are a lien on the real estate and are
15recoverable by the municipality from the owner or owners of
16the real estate.
17    All liens arising under this subsection (a) shall be
18assignable. The assignee of the lien shall have the same power
19to enforce the lien as the assigning party, except that the
20lien may not be enforced under subsection (c).
21    If the appropriate official of any municipality determines
22that any dangerous and unsafe building or uncompleted and
23abandoned building within its territory fulfills the
24requirements for an action by the municipality under the
25Abandoned Housing Rehabilitation Act, the municipality may
26petition under that Act in a proceeding brought under this

 

 

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1subsection.
2    (b) Any owner or tenant of real property within 1200 feet
3in any direction of any dangerous or unsafe building located
4within the territory of a municipality with a population of
5500,000 or more may file with the appropriate municipal
6authority a request that the municipality apply to the circuit
7court of the county in which the building is located for an
8order permitting the demolition, removal of garbage, debris,
9and other noxious or unhealthy substances and materials from,
10or repair or enclosure of the building in the manner
11prescribed in subsection (a) of this Section. If the
12municipality fails to institute an action in circuit court
13within 90 days after the filing of the request, the owner or
14tenant of real property within 1200 feet in any direction of
15the building may institute an action in circuit court seeking
16an order compelling the owner or owners of record to demolish,
17remove garbage, debris, and other noxious or unhealthy
18substances and materials from, repair or enclose or to cause
19to be demolished, have garbage, debris, and other noxious or
20unhealthy substances and materials removed from, repaired, or
21enclosed the building in question. A private owner or tenant
22who institutes an action under the preceding sentence shall
23not be required to pay any fee to the clerk of the circuit
24court. The cost of repair, removal, demolition, or enclosure
25shall be borne by the owner or owners of record of the
26building. In the event the owner or owners of record fail to

 

 

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1demolish, remove garbage, debris, and other noxious or
2unhealthy substances and materials from, repair, or enclose
3the building within 90 days of the date the court entered its
4order, the owner or tenant who instituted the action may
5request that the court join the municipality as a party to the
6action. The court may order the municipality to demolish,
7remove materials from, repair, or enclose the building, or
8cause that action to be taken upon the request of any owner or
9tenant who instituted the action or upon the municipality's
10request. The municipality may file, and the court may approve,
11a plan for rehabilitating the building in question. A court
12order authorizing the municipality to demolish, remove
13materials from, repair, or enclose a building, or cause that
14action to be taken, shall not preclude the court from
15adjudging the owner or owners of record of the building in
16contempt of court due to the failure to comply with the order
17to demolish, remove garbage, debris, and other noxious or
18unhealthy substances and materials from, repair, or enclose
19the building.
20    If a municipality or a person or persons other than the
21owner or owners of record pay the cost of demolition, removal
22of garbage, debris, and other noxious or unhealthy substances
23and materials, repair, or enclosure pursuant to a court order,
24the cost, including court costs, attorney's fees, and other
25costs related to the enforcement of this subsection, is
26recoverable from the owner or owners of the real estate and is

 

 

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1a lien on the real estate; the lien is superior to all prior
2existing liens and encumbrances, except taxes, if, within 180
3days after the repair, removal, demolition, or enclosure, the
4municipality or the person or persons who paid the costs of
5demolition, removal, repair, or enclosure shall file a notice
6of lien of the cost and expense incurred in the office of the
7recorder in the county in which the real estate is located or
8in the office of the registrar of the county if the real estate
9affected is registered under the Registered Titles (Torrens)
10Act. The notice shall be in a form as is provided in subsection
11(a). An owner or tenant who institutes an action in circuit
12court seeking an order to compel the owner or owners of record
13to demolish, remove materials from, repair, or enclose any
14dangerous or unsafe building, or to cause that action to be
15taken under this subsection may recover court costs and
16reasonable attorney's fees for instituting the action from the
17owner or owners of record of the building. Upon payment of the
18costs and expenses by the owner of or a person interested in
19the property after the notice of lien has been filed, the lien
20shall be released by the municipality or the person in whose
21name the lien has been filed or his or her assignee, and the
22release may be filed of record as in the case of filing a
23notice of lien. Unless the lien is enforced under subsection
24(c), the lien may be enforced by foreclosure proceedings as in
25the case of mortgage foreclosures under Article XV of the Code
26of Civil Procedure or mechanics' lien foreclosures. An action

 

 

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

 

 

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1is completed. The costs of foreclosure incurred by the
2municipality, including court costs, reasonable attorneys'
3fees, advances to preserve the property, and other costs
4related to the enforcement of this subsection, plus statutory
5interest, are a lien on the real estate and are recoverable by
6the municipality from the owner or owners of the real estate.
7If the court denies the petition, the municipality may enforce
8the lien in a separate action as provided in subsection (a),
9(b), or (f).
10    All persons designated in Section 15-1501 of the Code of
11Civil Procedure as necessary parties in a mortgage foreclosure
12action shall be joined as parties before issuance of an order
13of foreclosure. Persons designated in Section 15-1501 of the
14Code of Civil Procedure as permissible parties may also be
15joined as parties in the action.
16    The provisions of Article XV of the Code of Civil
17Procedure applicable to mortgage foreclosures shall apply to
18the foreclosure of a lien under this subsection (c), except to
19the extent that those provisions are inconsistent with this
20subsection. For purposes of foreclosures of liens under this
21subsection, however, the redemption period described in
22subsection (b) of Section 15-1603 of the Code of Civil
23Procedure shall end 60 days after the date of entry of the
24order of foreclosure.
25    (d) In addition to any other remedy provided by law, the
26corporate authorities of any municipality may petition the

 

 

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1circuit court to have property declared abandoned under this
2subsection (d) if:
3        (1) the property has been tax delinquent for 2 or more
4    years or bills for water service for the property have
5    been outstanding for 2 or more years;
6        (2) the property is unoccupied by persons legally in
7    possession; and
8        (3) the property's condition impairs public health,
9    safety, or welfare for reasons specified in the petition.
10    All persons having an interest of record in the property,
11including tax purchasers and beneficial owners of any Illinois
12land trust having title to the property, shall be named as
13defendants in the petition and shall be served with process.
14In addition, service shall be had under Section 2-206 of the
15Code of Civil Procedure as in other cases affecting property,
16including publication in a newspaper that is in circulation in
17the county in which the action is pending. At least 30 days
18prior to any declaration of abandonment, the municipality or
19its agent shall post a notice not less than 1 foot by 1 foot in
20size on the front of the subject building or property. The
21notice shall be dated as of the date of the posting and state
22that the municipality is seeking a declaration of abandonment
23for the property. The notice shall also include the case
24number for the underlying circuit court petition filed
25pursuant to this subsection and a notification that the owner
26should file an appearance in the matter if the property is not

 

 

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1abandoned.
2    The municipality, however, may proceed under this
3subsection in a proceeding brought under subsection (a) or
4(b). Notice of the petition shall be served in person or by
5certified or registered mail on all persons who were served
6notice under subsection (a) or (b).
7    If the municipality proves that the conditions described
8in this subsection exist and (i) the owner of record of the
9property does not enter an appearance in the action, or, if
10title to the property is held by an Illinois land trust, if
11neither the owner of record nor the owner of the beneficial
12interest of the trust enters an appearance, or (ii) if the
13owner of record or the beneficiary of a land trust, if title to
14the property is held by an Illinois land trust, enters an
15appearance and specifically waives his or her rights under
16this subsection (d), the court shall declare the property
17abandoned. Notwithstanding any waiver, the municipality may
18move to dismiss its petition at any time. In addition, any
19waiver in a proceeding under this subsection (d) does not
20serve as a waiver for any other proceeding under law or equity.
21    If that determination is made, notice shall be sent in
22person or by certified or registered mail to all persons
23having an interest of record in the property, including tax
24purchasers and beneficial owners of any Illinois land trust
25having title to the property, stating that title to the
26property will be transferred to the municipality unless,

 

 

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1within 30 days of the notice, the owner of record or any other
2person having an interest in the property files with the court
3a request to demolish any or all dangerous or unsafe buildings
4or to put the building in safe condition, or unless the owner
5of record enters an appearance and proves that the owner does
6not intend to abandon the property.
7    If the owner of record enters an appearance in the action
8within the 30 day period, but does not at that time file with
9the court a request to demolish the dangerous or unsafe
10building or to put the property in safe condition, or
11specifically waive his or her rights under this subsection
12(d), the court shall vacate its order declaring the property
13abandoned if it determines that the owner of record does not
14intend to abandon the property. In that case, the municipality
15may amend its complaint in order to initiate proceedings under
16subsection (a), or it may request that the court order the
17owner to demolish buildings or repair the dangerous or unsafe
18conditions of the property alleged in the petition or seek the
19appointment of a receiver or other equitable relief to correct
20the conditions at the property. The powers and rights of a
21receiver appointed under this subsection (d) shall include all
22of the powers and rights of a receiver appointed under Section
2311-31-2 of this Code.
24    If a request to demolish or repair a building or property
25is filed within the 30 day period, the court shall grant
26permission to the requesting party to demolish the building or

 

 

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1repair the property within 60 days after the request is
2granted. An extension of that period for up to 60 additional
3days may be given for good cause. If more than one person with
4an interest in the property files a timely request, preference
5shall be given to the owner of record if the owner filed a
6request or, if the owner did not, the person with the lien or
7other interest of the highest priority.
8    If the requesting party (other than the owner of record)
9proves to the court that the building has been demolished or
10put in a safe condition in accordance with the local safety
11codes within the period of time granted by the court, the court
12shall issue a quitclaim judicial deed for the property to the
13requesting party, conveying only the interest of the owner of
14record, upon proof of payment to the municipality of all costs
15incurred by the municipality in connection with the action,
16including but not limited to court costs, attorney's fees,
17administrative costs, the costs, if any, associated with
18property maintenance, and receiver's certificates. The
19interest in the property so conveyed shall be subject to all
20liens and encumbrances on the property. In addition, if the
21interest is conveyed to a person holding a certificate of
22purchase for the property under the Property Tax Code, the
23conveyance shall be subject to the rights of redemption of all
24persons entitled to redeem under that Act, including the
25original owner of record. If the requesting party is the owner
26of record and proves to the court that the building has been

 

 

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1demolished or put in a safe condition in accordance with the
2local safety codes within the period of time granted by the
3court, the court shall dismiss the proceeding under this
4subsection (d).
5    If the owner of record has not entered an appearance and
6proven that the owner did not intend to abandon the property,
7and if no person with an interest in the property files a
8timely request or if the requesting party fails to demolish
9the building or put the property in safe condition within the
10time specified by the court, the municipality may petition the
11court to issue a judicial deed for the property to the
12municipality or another governmental body designated by the
13municipality in the petition. A conveyance by judicial deed
14shall operate to extinguish all existing ownership interests
15in, liens on, and other interest in the property, including
16tax liens, and shall extinguish the rights and interests of
17any and all holders of a bona fide certificate of purchase of
18the property for delinquent taxes. Any such bona fide
19certificate of purchase holder shall be entitled to a sale in
20error as prescribed under Section 21-310 of the Property Tax
21Code.
22    (e) Each municipality may use the provisions of this
23subsection to expedite the removal of certain buildings that
24are a continuing hazard to the community in which they are
25located.
26    If a residential or commercial building is 3 stories or

 

 

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1less in height as defined by the municipality's building code,
2and the corporate official designated to be in charge of
3enforcing the municipality's building code determines that the
4building is open and vacant and an immediate and continuing
5hazard to the community in which the building is located, then
6the official shall be authorized to post a notice not less than
72 feet by 2 feet in size on the front of the building. The
8notice shall be dated as of the date of the posting and shall
9state that unless the building is demolished, repaired, or
10enclosed, and unless any garbage, debris, and other hazardous,
11noxious, or unhealthy substances or materials are removed so
12that an immediate and continuing hazard to the community no
13longer exists, then the building may be demolished, repaired,
14or enclosed, or any garbage, debris, and other hazardous,
15noxious, or unhealthy substances or materials may be removed,
16by the municipality.
17    Not later than 30 days following the posting of the
18notice, the municipality shall do all of the following:
19        (1) Cause to be sent, by certified mail, return
20    receipt requested, a Notice to Remediate to all owners of
21    record of the property, the beneficial owners of any
22    Illinois land trust having title to the property, and all
23    lienholders of record in the property, stating the intent
24    of the municipality to demolish, repair, or enclose the
25    building or remove any garbage, debris, or other
26    hazardous, noxious, or unhealthy substances or materials

 

 

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1    if that action is not taken by the owner or owners.
2        (2) Cause to be published, in a newspaper published or
3    circulated in the municipality where the building is
4    located, a notice setting forth (i) the permanent tax
5    index number and the address of the building, (ii) a
6    statement that the property is open and vacant and
7    constitutes an immediate and continuing hazard to the
8    community, and (iii) a statement that the municipality
9    intends to demolish, repair, or enclose the building or
10    remove any garbage, debris, or other hazardous, noxious,
11    or unhealthy substances or materials if the owner or
12    owners or lienholders of record fail to do so. This notice
13    shall be published for 3 consecutive days.
14        (3) Cause to be recorded the Notice to Remediate
15    mailed under paragraph (1) in the office of the recorder
16    in the county in which the real estate is located or in the
17    office of the registrar of titles of the county if the real
18    estate is registered under the Registered Title (Torrens)
19    Act.
20    Any person or persons with a current legal or equitable
21interest in the property objecting to the proposed actions of
22the corporate authorities may file his or her objection in an
23appropriate form in a court of competent jurisdiction.
24    If the building is not demolished, repaired, or enclosed,
25or the garbage, debris, or other hazardous, noxious, or
26unhealthy substances or materials are not removed, within 30

 

 

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1days of mailing the notice to the owners of record, the
2beneficial owners of any Illinois land trust having title to
3the property, and all lienholders of record in the property,
4or within 30 days of the last day of publication of the notice,
5whichever is later, the corporate authorities shall have the
6power to demolish, repair, or enclose the building or to
7remove any garbage, debris, or other hazardous, noxious, or
8unhealthy substances or materials.
9    The municipality may proceed to demolish, repair, or
10enclose a building or remove any garbage, debris, or other
11hazardous, noxious, or unhealthy substances or materials under
12this subsection within a 120-day period following the date of
13the mailing of the notice if the appropriate official
14determines that the demolition, repair, enclosure, or removal
15of any garbage, debris, or other hazardous, noxious, or
16unhealthy substances or materials is necessary to remedy the
17immediate and continuing hazard. If, however, before the
18municipality proceeds with any of the actions authorized by
19this subsection, any person with a legal or equitable interest
20in the property has sought a hearing under this subsection
21before a court and has served a copy of the complaint on the
22chief executive officer of the municipality, then the
23municipality shall not proceed with the demolition, repair,
24enclosure, or removal of garbage, debris, or other substances
25until the court determines that that action is necessary to
26remedy the hazard and issues an order authorizing the

 

 

SB3633- 70 -LRB102 22600 AWJ 31743 b

1municipality to do so. If the court dismisses the action for
2want of prosecution, the municipality must send the objector a
3copy of the dismissal order and a letter stating that the
4demolition, repair, enclosure, or removal of garbage, debris,
5or other substances will proceed unless, within 30 days after
6the copy of the order and the letter are mailed, the objector
7moves to vacate the dismissal and serves a copy of the motion
8on the chief executive officer of the municipality.
9Notwithstanding any other law to the contrary, if the objector
10does not file a motion and give the required notice, if the
11motion is denied by the court, or if the action is again
12dismissed for want of prosecution, then the dismissal is with
13prejudice and the demolition, repair, enclosure, or removal
14may proceed forthwith.
15    The municipality must maintain documentation on the
16disposal of any demolition debris, clean or general, or
17uncontaminated soil generated during the demolition, repair,
18or enclosure of a building for a period of 3 years identifying
19the hauler, generator, place of origin of the debris or soil,
20the weight or volume of the debris or soil, and the location,
21owner, and operator of the facility where the debris or soil
22was transferred, disposed, recycled, or treated.
23    Following the demolition, repair, or enclosure of a
24building, or the removal of garbage, debris, or other
25hazardous, noxious, or unhealthy substances or materials under
26this subsection, the municipality may file a notice of lien

 

 

SB3633- 71 -LRB102 22600 AWJ 31743 b

1against the real estate for the cost of the demolition,
2repair, enclosure, or removal within 180 days after the
3repair, demolition, enclosure, or removal occurred, for the
4cost and expense incurred, in the office of the recorder in the
5county in which the real estate is located or in the office of
6the registrar of titles of the county if the real estate
7affected is registered under the Registered Titles (Torrens)
8Act; this lien has priority over the interests of those
9parties named in the Notice to Remediate mailed under
10paragraph (1), but not over the interests of third party
11purchasers or encumbrancers for value who obtained their
12interests in the property before obtaining actual or
13constructive notice of the lien. The notice of lien shall
14consist of a sworn statement setting forth (i) a description
15of the real estate, such as the address or other description of
16the property, sufficient for its identification; (ii) the
17expenses incurred by the municipality in undertaking the
18remedial actions authorized under this subsection; (iii) the
19date or dates the expenses were incurred by the municipality;
20(iv) a statement by the corporate official responsible for
21enforcing the building code that the building was open and
22vacant and constituted an immediate and continuing hazard to
23the community; (v) a statement by the corporate official that
24the required sign was posted on the building, that notice was
25sent by certified mail to the owners of record, and that notice
26was published in accordance with this subsection; and (vi) a

 

 

SB3633- 72 -LRB102 22600 AWJ 31743 b

1statement as to when and where the notice was published. The
2lien authorized by this subsection may thereafter be released
3or enforced by the municipality as provided in subsection (a).
4    (f) The corporate authorities of each municipality may
5remove or cause the removal of, or otherwise environmentally
6remediate hazardous substances and petroleum products on, in,
7or under any abandoned and unsafe property within the
8territory of a municipality. In addition, where preliminary
9evidence indicates the presence or likely presence of a
10hazardous substance or a petroleum product or a release or a
11substantial threat of a release of a hazardous substance or a
12petroleum product on, in, or under the property, the corporate
13authorities of the municipality may inspect the property and
14test for the presence or release of hazardous substances and
15petroleum products. In any county having adopted by referendum
16or otherwise a county health department as provided by
17Division 5-25 of the Counties Code or its predecessor, the
18county board of that county may exercise the above-described
19powers with regard to property within the territory of any
20city, village, or incorporated town having less than 50,000
21population.
22    For purposes of this subsection (f):
23        (1) "property" or "real estate" means all real
24    property, whether or not improved by a structure;
25        (2) "abandoned" means;
26            (A) the property has been tax delinquent for 2 or

 

 

SB3633- 73 -LRB102 22600 AWJ 31743 b

1        more years;
2            (B) the property is unoccupied by persons legally
3        in possession; and
4        (3) "unsafe" means property that presents an actual or
5    imminent threat to public health and safety caused by the
6    release of hazardous substances; and
7        (4) "hazardous substances" means the same as in
8    Section 3.215 of the Environmental Protection Act.
9    The corporate authorities shall apply to the circuit court
10of the county in which the property is located (i) for an order
11allowing the municipality to enter the property and inspect
12and test substances on, in, or under the property; or (ii) for
13an order authorizing the corporate authorities to take action
14with respect to remediation of the property if conditions on
15the property, based on the inspection and testing authorized
16in paragraph (i), indicate the presence of hazardous
17substances or petroleum products. Remediation shall be deemed
18complete for purposes of paragraph (ii) above when the
19property satisfies Tier I, II, or III remediation objectives
20for the property's most recent usage, as established by the
21Environmental Protection Act, and the rules and regulations
22promulgated thereunder. Where, upon diligent search, the
23identity or whereabouts of the owner or owners of the
24property, including the lien holders of record, is not
25ascertainable, notice mailed to the person or persons in whose
26name the real estate was last assessed is sufficient notice

 

 

SB3633- 74 -LRB102 22600 AWJ 31743 b

1under this Section.
2    The court shall grant an order authorizing testing under
3paragraph (i) above upon a showing of preliminary evidence
4indicating the presence or likely presence of a hazardous
5substance or a petroleum product or a release of or a
6substantial threat of a release of a hazardous substance or a
7petroleum product on, in, or under abandoned property. The
8preliminary evidence may include, but is not limited to,
9evidence of prior use, visual site inspection, or records of
10prior environmental investigations. The testing authorized by
11paragraph (i) above shall include any type of investigation
12which is necessary for an environmental professional to
13determine the environmental condition of the property,
14including but not limited to performance of soil borings and
15groundwater monitoring. The court shall grant a remediation
16order under paragraph (ii) above where testing of the property
17indicates that it fails to meet the applicable remediation
18objectives. The hearing upon the application to the circuit
19court shall be expedited by the court and shall be given
20precedence over all other suits.
21    The cost of the inspection, testing, or remediation
22incurred by the municipality or by a lien holder of record,
23including court costs, attorney's fees, and other costs
24related to the enforcement of this Section, is a lien on the
25real estate; except that in any instances where a municipality
26incurs costs of inspection and testing but finds no hazardous

 

 

SB3633- 75 -LRB102 22600 AWJ 31743 b

1substances or petroleum products on the property that present
2an actual or imminent threat to public health and safety, such
3costs are not recoverable from the owners nor are such costs a
4lien on the real estate. The lien is superior to all prior
5existing liens and encumbrances, except taxes and any lien
6obtained under subsection (a) or (e), if, within 180 days
7after the completion of the inspection, testing, or
8remediation, the municipality or the lien holder of record who
9incurred the cost and expense shall file a notice of lien for
10the cost and expense incurred in the office of the recorder in
11the county in which the real estate is located or in the office
12of the registrar of titles of the county if the real estate
13affected is registered under the Registered Titles (Torrens)
14Act.
15    The notice must consist of a sworn statement setting out
16(i) a description of the real estate sufficient for its
17identification, (ii) the amount of money representing the cost
18and expense incurred, and (iii) the date or dates when the cost
19and expense was incurred by the municipality or the lien
20holder of record. Upon payment of the lien amount by the owner
21of or persons interested in the property after the notice of
22lien has been filed, a release of lien shall be issued by the
23municipality, the person in whose name the lien has been
24filed, or the assignee of the lien, and the release may be
25filed of record as in the case of filing notice of lien.
26    The lien may be enforced under subsection (c) or by

 

 

SB3633- 76 -LRB102 22600 AWJ 31743 b

1foreclosure proceedings as in the case of mortgage
2foreclosures under Article XV of the Code of Civil Procedure
3or mechanics' lien foreclosures; provided that where the lien
4is enforced by foreclosure under subsection (c) or under
5either statute, the municipality may not proceed against the
6other assets of the owner or owners of the real estate for any
7costs that otherwise would be recoverable under this Section
8but that remain unsatisfied after foreclosure except where
9such additional recovery is authorized by separate
10environmental laws. An action to foreclose this lien may be
11commenced at any time after the date of filing of the notice of
12lien. The costs of foreclosure incurred by the municipality,
13including court costs, reasonable attorney's fees, advances to
14preserve the property, and other costs related to the
15enforcement of this subsection, plus statutory interest, are a
16lien on the real estate.
17    All liens arising under this subsection (f) shall be
18assignable. The assignee of the lien shall have the same power
19to enforce the lien as the assigning party, except that the
20lien may not be enforced under subsection (c).
21    (g) In any case where a municipality has obtained a lien
22under subsection (a), the municipality may also bring an
23action for a money judgment against the owner or owners of the
24real estate in the amount of the lien in the same manner as
25provided for bringing causes of action in Article II of the
26Code of Civil Procedure and, upon obtaining a judgment, file a

 

 

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1judgment lien against all of the real estate of the owner or
2owners and enforce that lien as provided for in Article XII of
3the Code of Civil Procedure.
4(Source: P.A. 102-363, eff. 1-1-22.)
 
5    Section 20. The Environmental Protection Act is amended by
6changing Section 21 as follows:
 
7    (415 ILCS 5/21)  (from Ch. 111 1/2, par. 1021)
8    Sec. 21. Prohibited acts. No person shall:
9    (a) Cause or allow the open dumping of any waste.
10    (b) Abandon, dump, or deposit any waste upon the public
11highways or other public property, except in a sanitary
12landfill approved by the Agency pursuant to regulations
13adopted by the Board.
14    (c) Abandon any vehicle in violation of the "Abandoned
15Vehicles Amendment to the Illinois Vehicle Code", as enacted
16by the 76th General Assembly.
17    (d) Conduct any waste-storage, waste-treatment, or
18waste-disposal operation:
19        (1) without a permit granted by the Agency or in
20    violation of any conditions imposed by such permit,
21    including periodic reports and full access to adequate
22    records and the inspection of facilities, as may be
23    necessary to assure compliance with this Act and with
24    regulations and standards adopted thereunder; provided,

 

 

SB3633- 78 -LRB102 22600 AWJ 31743 b

1    however, that, except for municipal solid waste landfill
2    units that receive waste on or after October 9, 1993, and
3    CCR surface impoundments, no permit shall be required for
4    (i) any person conducting a waste-storage,
5    waste-treatment, or waste-disposal operation for wastes
6    generated by such person's own activities which are
7    stored, treated, or disposed within the site where such
8    wastes are generated, (ii) until one year after the
9    effective date of rules adopted by the Board under
10    subsection (n) of Section 22.38, a facility located in a
11    county with a population over 700,000 as of January 1,
12    2000, operated and located in accordance with Section
13    22.38 of this Act, and used exclusively for the transfer,
14    storage, or treatment of general construction or
15    demolition debris, provided that the facility was
16    receiving construction or demolition debris on August 24,
17    2009 (the effective date of Public Act 96-611), or (iii)
18    any person conducting a waste transfer, storage,
19    treatment, or disposal operation, including, but not
20    limited to, a waste transfer or waste composting
21    operation, under a mass animal mortality event plan
22    created by the Department of Agriculture;
23        (2) in violation of any regulations or standards
24    adopted by the Board under this Act;
25        (3) which receives waste after August 31, 1988, does
26    not have a permit issued by the Agency, and is (i) a

 

 

SB3633- 79 -LRB102 22600 AWJ 31743 b

1    landfill used exclusively for the disposal of waste
2    generated at the site, (ii) a surface impoundment
3    receiving special waste not listed in an NPDES permit,
4    (iii) a waste pile in which the total volume of waste is
5    greater than 100 cubic yards or the waste is stored for
6    over one year, or (iv) a land treatment facility receiving
7    special waste generated at the site; without giving notice
8    of the operation to the Agency by January 1, 1989, or 30
9    days after the date on which the operation commences,
10    whichever is later, and every 3 years thereafter. The form
11    for such notification shall be specified by the Agency,
12    and shall be limited to information regarding: the name
13    and address of the location of the operation; the type of
14    operation; the types and amounts of waste stored, treated
15    or disposed of on an annual basis; the remaining capacity
16    of the operation; and the remaining expected life of the
17    operation.
18    Item (3) of this subsection (d) shall not apply to any
19person engaged in agricultural activity who is disposing of a
20substance that constitutes solid waste, if the substance was
21acquired for use by that person on his own property, and the
22substance is disposed of on his own property in accordance
23with regulations or standards adopted by the Board.
24    This subsection (d) shall not apply to hazardous waste.
25    (e) Dispose, treat, store or abandon any waste, or
26transport any waste into this State for disposal, treatment,

 

 

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1storage or abandonment, except at a site or facility which
2meets the requirements of this Act and of regulations and
3standards thereunder.
4    (f) Conduct any hazardous waste-storage, hazardous
5waste-treatment or hazardous waste-disposal operation:
6        (1) without a RCRA permit for the site issued by the
7    Agency under subsection (d) of Section 39 of this Act, or
8    in violation of any condition imposed by such permit,
9    including periodic reports and full access to adequate
10    records and the inspection of facilities, as may be
11    necessary to assure compliance with this Act and with
12    regulations and standards adopted thereunder; or
13        (2) in violation of any regulations or standards
14    adopted by the Board under this Act; or
15        (3) in violation of any RCRA permit filing requirement
16    established under standards adopted by the Board under
17    this Act; or
18        (4) in violation of any order adopted by the Board
19    under this Act.
20    Notwithstanding the above, no RCRA permit shall be
21required under this subsection or subsection (d) of Section 39
22of this Act for any person engaged in agricultural activity
23who is disposing of a substance which has been identified as a
24hazardous waste, and which has been designated by Board
25regulations as being subject to this exception, if the
26substance was acquired for use by that person on his own

 

 

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1property and the substance is disposed of on his own property
2in accordance with regulations or standards adopted by the
3Board.
4    (g) Conduct any hazardous waste-transportation operation:
5        (1) without registering with and obtaining a special
6    waste hauling permit from the Agency in accordance with
7    the regulations adopted by the Board under this Act; or
8        (2) in violation of any regulations or standards
9    adopted by the Board under this Act.
10    (h) Conduct any hazardous waste-recycling or hazardous
11waste-reclamation or hazardous waste-reuse operation in
12violation of any regulations, standards or permit requirements
13adopted by the Board under this Act.
14    (i) Conduct any process or engage in any act which
15produces hazardous waste in violation of any regulations or
16standards adopted by the Board under subsections (a) and (c)
17of Section 22.4 of this Act.
18    (j) Conduct any special waste-transportation operation in
19violation of any regulations, standards or permit requirements
20adopted by the Board under this Act. However, sludge from a
21water or sewage treatment plant owned and operated by a unit of
22local government which (1) is subject to a sludge management
23plan approved by the Agency or a permit granted by the Agency,
24and (2) has been tested and determined not to be a hazardous
25waste as required by applicable State and federal laws and
26regulations, may be transported in this State without a

 

 

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1special waste hauling permit, and the preparation and carrying
2of a manifest shall not be required for such sludge under the
3rules of the Pollution Control Board. The unit of local
4government which operates the treatment plant producing such
5sludge shall file an annual report with the Agency identifying
6the volume of such sludge transported during the reporting
7period, the hauler of the sludge, and the disposal sites to
8which it was transported. This subsection (j) shall not apply
9to hazardous waste.
10    (k) Fail or refuse to pay any fee imposed under this Act.
11    (l) Locate a hazardous waste disposal site above an active
12or inactive shaft or tunneled mine or within 2 miles of an
13active fault in the earth's crust. In counties of population
14less than 225,000 no hazardous waste disposal site shall be
15located (1) within 1 1/2 miles of the corporate limits as
16defined on June 30, 1978, of any municipality without the
17approval of the governing body of the municipality in an
18official action; or (2) within 1000 feet of an existing
19private well or the existing source of a public water supply
20measured from the boundary of the actual active permitted site
21and excluding existing private wells on the property of the
22permit applicant. The provisions of this subsection do not
23apply to publicly owned sewage works or the disposal or
24utilization of sludge from publicly owned sewage works.
25    (m) Transfer interest in any land which has been used as a
26hazardous waste disposal site without written notification to

 

 

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1the Agency of the transfer and to the transferee of the
2conditions imposed by the Agency upon its use under subsection
3(g) of Section 39.
4    (n) Use any land which has been used as a hazardous waste
5disposal site except in compliance with conditions imposed by
6the Agency under subsection (g) of Section 39.
7    (o) Conduct a sanitary landfill operation which is
8required to have a permit under subsection (d) of this
9Section, in a manner which results in any of the following
10conditions:
11        (1) refuse in standing or flowing waters;
12        (2) leachate flows entering waters of the State;
13        (3) leachate flows exiting the landfill confines (as
14    determined by the boundaries established for the landfill
15    by a permit issued by the Agency);
16        (4) open burning of refuse in violation of Section 9
17    of this Act;
18        (5) uncovered refuse remaining from any previous
19    operating day or at the conclusion of any operating day,
20    unless authorized by permit;
21        (6) failure to provide final cover within time limits
22    established by Board regulations;
23        (7) acceptance of wastes without necessary permits;
24        (8) scavenging as defined by Board regulations;
25        (9) deposition of refuse in any unpermitted portion of
26    the landfill;

 

 

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1        (10) acceptance of a special waste without a required
2    manifest;
3        (11) failure to submit reports required by permits or
4    Board regulations;
5        (12) failure to collect and contain litter from the
6    site by the end of each operating day;
7        (13) failure to submit any cost estimate for the site
8    or any performance bond or other security for the site as
9    required by this Act or Board rules.
10    The prohibitions specified in this subsection (o) shall be
11enforceable by the Agency either by administrative citation
12under Section 31.1 of this Act or as otherwise provided by this
13Act. The specific prohibitions in this subsection do not limit
14the power of the Board to establish regulations or standards
15applicable to sanitary landfills.
16    (p) In violation of subdivision (a) of this Section, cause
17or allow the open dumping of any waste in a manner which
18results in any of the following occurrences at the dump site:
19        (1) litter;
20        (2) scavenging;
21        (3) open burning;
22        (4) deposition of waste in standing or flowing waters;
23        (5) proliferation of disease vectors;
24        (6) standing or flowing liquid discharge from the dump
25    site;
26        (7) deposition of:

 

 

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1            (i) general construction or demolition debris as
2        defined in Section 3.160(a) of this Act; or
3            (ii) clean construction or demolition debris as
4        defined in Section 3.160(b) of this Act.
5    The prohibitions specified in this subsection (p) shall be
6enforceable by the Agency either by administrative citation
7under Section 31.1 of this Act or as otherwise provided by this
8Act. The specific prohibitions in this subsection do not limit
9the power of the Board to establish regulations or standards
10applicable to open dumping.
11    (q) Conduct a landscape waste composting operation without
12an Agency permit, provided, however, that no permit shall be
13required for any person:
14        (1) conducting a landscape waste composting operation
15    for landscape wastes generated by such person's own
16    activities which are stored, treated, or disposed of
17    within the site where such wastes are generated; or
18        (1.5) conducting a landscape waste composting
19    operation that (i) has no more than 25 cubic yards of
20    landscape waste, composting additives, composting
21    material, or end-product compost on-site at any one time
22    and (ii) is not engaging in commercial activity; or
23        (2) applying landscape waste or composted landscape
24    waste at agronomic rates; or
25        (2.5) operating a landscape waste composting facility
26    at a site having 10 or more occupied non-farm residences

 

 

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1    within 1/2 mile of its boundaries, if the facility meets
2    all of the following criteria:
3            (A) the composting facility is operated by the
4        farmer on property on which the composting material is
5        utilized, and the composting facility constitutes no
6        more than 2% of the site's total acreage;
7            (A-5) any composting additives that the composting
8        facility accepts and uses at the facility are
9        necessary to provide proper conditions for composting
10        and do not exceed 10% of the total composting material
11        at the facility at any one time;
12            (B) the property on which the composting facility
13        is located, and any associated property on which the
14        compost is used, is principally and diligently devoted
15        to the production of agricultural crops and is not
16        owned, leased, or otherwise controlled by any waste
17        hauler or generator of nonagricultural compost
18        materials, and the operator of the composting facility
19        is not an employee, partner, shareholder, or in any
20        way connected with or controlled by any such waste
21        hauler or generator;
22            (C) all compost generated by the composting
23        facility is applied at agronomic rates and used as
24        mulch, fertilizer, or soil conditioner on land
25        actually farmed by the person operating the composting
26        facility, and the finished compost is not stored at

 

 

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1        the composting site for a period longer than 18 months
2        prior to its application as mulch, fertilizer, or soil
3        conditioner;
4            (D) no fee is charged for the acceptance of
5        materials to be composted at the facility; and
6            (E) the owner or operator, by January 1, 2014 (or
7        the January 1 following commencement of operation,
8        whichever is later) and January 1 of each year
9        thereafter, registers the site with the Agency, (ii)
10        reports to the Agency on the volume of composting
11        material received and used at the site; (iii)
12        certifies to the Agency that the site complies with
13        the requirements set forth in subparagraphs (A),
14        (A-5), (B), (C), and (D) of this paragraph (2.5); and
15        (iv) certifies to the Agency that all composting
16        material was placed more than 200 feet from the
17        nearest potable water supply well, was placed outside
18        the boundary of the 10-year floodplain or on a part of
19        the site that is floodproofed, was placed at least 1/4
20        mile from the nearest residence (other than a
21        residence located on the same property as the
22        facility) or a lesser distance from the nearest
23        residence (other than a residence located on the same
24        property as the facility) if the municipality in which
25        the facility is located has by ordinance approved a
26        lesser distance than 1/4 mile, and was placed more

 

 

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1        than 5 feet above the water table; any ordinance
2        approving a residential setback of less than 1/4 mile
3        that is used to meet the requirements of this
4        subparagraph (E) of paragraph (2.5) of this subsection
5        must specifically reference this paragraph; or
6        (3) operating a landscape waste composting facility on
7    a farm, if the facility meets all of the following
8    criteria:
9            (A) the composting facility is operated by the
10        farmer on property on which the composting material is
11        utilized, and the composting facility constitutes no
12        more than 2% of the property's total acreage, except
13        that the Board may allow a higher percentage for
14        individual sites where the owner or operator has
15        demonstrated to the Board that the site's soil
16        characteristics or crop needs require a higher rate;
17            (A-1) the composting facility accepts from other
18        agricultural operations for composting with landscape
19        waste no materials other than uncontaminated and
20        source-separated (i) crop residue and other
21        agricultural plant residue generated from the
22        production and harvesting of crops and other customary
23        farm practices, including, but not limited to, stalks,
24        leaves, seed pods, husks, bagasse, and roots and (ii)
25        plant-derived animal bedding, such as straw or
26        sawdust, that is free of manure and was not made from

 

 

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1        painted or treated wood;
2            (A-2) any composting additives that the composting
3        facility accepts and uses at the facility are
4        necessary to provide proper conditions for composting
5        and do not exceed 10% of the total composting material
6        at the facility at any one time;
7            (B) the property on which the composting facility
8        is located, and any associated property on which the
9        compost is used, is principally and diligently devoted
10        to the production of agricultural crops and is not
11        owned, leased or otherwise controlled by any waste
12        hauler or generator of nonagricultural compost
13        materials, and the operator of the composting facility
14        is not an employee, partner, shareholder, or in any
15        way connected with or controlled by any such waste
16        hauler or generator;
17            (C) all compost generated by the composting
18        facility is applied at agronomic rates and used as
19        mulch, fertilizer or soil conditioner on land actually
20        farmed by the person operating the composting
21        facility, and the finished compost is not stored at
22        the composting site for a period longer than 18 months
23        prior to its application as mulch, fertilizer, or soil
24        conditioner;
25            (D) the owner or operator, by January 1 of each
26        year, (i) registers the site with the Agency, (ii)

 

 

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1        reports to the Agency on the volume of composting
2        material received and used at the site, (iii)
3        certifies to the Agency that the site complies with
4        the requirements set forth in subparagraphs (A),
5        (A-1), (A-2), (B), and (C) of this paragraph (q)(3),
6        and (iv) certifies to the Agency that all composting
7        material:
8                (I) was placed more than 200 feet from the
9            nearest potable water supply well;
10                (II) was placed outside the boundary of the
11            10-year floodplain or on a part of the site that is
12            floodproofed;
13                (III) was placed either (aa) at least 1/4 mile
14            from the nearest residence (other than a residence
15            located on the same property as the facility) and
16            there are not more than 10 occupied non-farm
17            residences within 1/2 mile of the boundaries of
18            the site on the date of application or (bb) a
19            lesser distance from the nearest residence (other
20            than a residence located on the same property as
21            the facility) provided that the municipality or
22            county in which the facility is located has by
23            ordinance approved a lesser distance than 1/4 mile
24            and there are not more than 10 occupied non-farm
25            residences within 1/2 mile of the boundaries of
26            the site on the date of application; and

 

 

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1                (IV) was placed more than 5 feet above the
2            water table.
3            Any ordinance approving a residential setback of
4        less than 1/4 mile that is used to meet the
5        requirements of this subparagraph (D) must
6        specifically reference this subparagraph.
7    For the purposes of this subsection (q), "agronomic rates"
8means the application of not more than 20 tons per acre per
9year, except that the Board may allow a higher rate for
10individual sites where the owner or operator has demonstrated
11to the Board that the site's soil characteristics or crop
12needs require a higher rate.
13    (r) Cause or allow the storage or disposal of coal
14combustion waste unless:
15        (1) such waste is stored or disposed of at a site or
16    facility for which a permit has been obtained or is not
17    otherwise required under subsection (d) of this Section;
18    or
19        (2) such waste is stored or disposed of as a part of
20    the design and reclamation of a site or facility which is
21    an abandoned mine site in accordance with the Abandoned
22    Mined Lands and Water Reclamation Act; or
23        (3) such waste is stored or disposed of at a site or
24    facility which is operating under NPDES and Subtitle D
25    permits issued by the Agency pursuant to regulations
26    adopted by the Board for mine-related water pollution and

 

 

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1    permits issued pursuant to the federal Surface Mining
2    Control and Reclamation Act of 1977 (P.L. 95-87) or the
3    rules and regulations thereunder or any law or rule or
4    regulation adopted by the State of Illinois pursuant
5    thereto, and the owner or operator of the facility agrees
6    to accept the waste; and either:
7            (i) such waste is stored or disposed of in
8        accordance with requirements applicable to refuse
9        disposal under regulations adopted by the Board for
10        mine-related water pollution and pursuant to NPDES and
11        Subtitle D permits issued by the Agency under such
12        regulations; or
13            (ii) the owner or operator of the facility
14        demonstrates all of the following to the Agency, and
15        the facility is operated in accordance with the
16        demonstration as approved by the Agency: (1) the
17        disposal area will be covered in a manner that will
18        support continuous vegetation, (2) the facility will
19        be adequately protected from wind and water erosion,
20        (3) the pH will be maintained so as to prevent
21        excessive leaching of metal ions, and (4) adequate
22        containment or other measures will be provided to
23        protect surface water and groundwater from
24        contamination at levels prohibited by this Act, the
25        Illinois Groundwater Protection Act, or regulations
26        adopted pursuant thereto.

 

 

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1    Notwithstanding any other provision of this Title, the
2disposal of coal combustion waste pursuant to item (2) or (3)
3of this subdivision (r) shall be exempt from the other
4provisions of this Title V, and notwithstanding the provisions
5of Title X of this Act, the Agency is authorized to grant
6experimental permits which include provision for the disposal
7of wastes from the combustion of coal and other materials
8pursuant to items (2) and (3) of this subdivision (r).
9    (s) After April 1, 1989, offer for transportation,
10transport, deliver, receive or accept special waste for which
11a manifest is required, unless the manifest indicates that the
12fee required under Section 22.8 of this Act has been paid.
13    (t) Cause or allow a lateral expansion of a municipal
14solid waste landfill unit on or after October 9, 1993, without
15a permit modification, granted by the Agency, that authorizes
16the lateral expansion.
17    (u) Conduct any vegetable by-product treatment, storage,
18disposal or transportation operation in violation of any
19regulation, standards or permit requirements adopted by the
20Board under this Act. However, no permit shall be required
21under this Title V for the land application of vegetable
22by-products conducted pursuant to Agency permit issued under
23Title III of this Act to the generator of the vegetable
24by-products. In addition, vegetable by-products may be
25transported in this State without a special waste hauling
26permit, and without the preparation and carrying of a

 

 

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1manifest.
2    (v) (Blank).
3    (w) Conduct any generation, transportation, or recycling
4of construction or demolition debris, clean or general, or
5uncontaminated soil generated during construction, remodeling,
6repair, and demolition of utilities, structures, and roads
7that is not commingled with any waste, without the maintenance
8of documentation identifying the hauler, generator, place of
9origin of the debris or soil, the weight or volume of the
10debris or soil, and the location, owner, and operator of the
11facility where the debris or soil was transferred, disposed,
12recycled, or treated. This documentation must be maintained by
13the generator, transporter, or recycler for 3 years. This
14subsection (w) shall not apply to (1) a permitted pollution
15control facility that transfers or accepts construction or
16demolition debris, clean or general, or uncontaminated soil
17for final disposal, recycling, or treatment, (2) a public
18utility (as that term is defined in the Public Utilities Act)
19or a municipal utility, (3) the Illinois Department of
20Transportation, or (4) a municipality or a county highway
21department, with the exception of (i) any municipality or
22county highway department located within a county having a
23population of over 3,000,000 inhabitants or located in a
24county that is contiguous to a county having a population of
25over 3,000,000 inhabitants; or (ii) documentation required
26under Section 5-1121 of the Counties Code and Section 11-31-1

 

 

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1of the Illinois Municipal Code; but it shall apply to an entity
2that contracts with a public utility, a municipal utility, the
3Illinois Department of Transportation, or a municipality or a
4county highway department. The terms "generation" and
5"recycling", as used in this subsection, do not apply to clean
6construction or demolition debris when (i) used as fill
7material below grade outside of a setback zone if covered by
8sufficient uncontaminated soil to support vegetation within 30
9days of the completion of filling or if covered by a road or
10structure, (ii) solely broken concrete without protruding
11metal bars is used for erosion control, or (iii) milled
12asphalt or crushed concrete is used as aggregate in
13construction of the shoulder of a roadway. The terms
14"generation" and "recycling", as used in this subsection, do
15not apply to uncontaminated soil that is not commingled with
16any waste when (i) used as fill material below grade or
17contoured to grade, or (ii) used at the site of generation.
18(Source: P.A. 101-171, eff. 7-30-19; 102-216, eff. 1-1-22;
19102-310, eff. 8-6-21; 102-558, eff. 8-20-21; revised
2010-14-21.)
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

SB3633- 96 -LRB102 22600 AWJ 31743 b

1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.