HB4971 103RD GENERAL ASSEMBLY

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4971

 

Introduced 2/7/2024, by Rep. Patrick Windhorst

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/11-31-1  from Ch. 24, par. 11-31-1

    Amends the Illinois Municipal Code. Provides that any owner or tenant of real property within 1200 feet in any direction of any dangerous or unsafe building located within the territory of any municipality (rather than within the territory of a municipality with a population of 500,000 or more) may file with the appropriate municipal authority a request that the municipality apply to the circuit court of the county in which the building is located for an order permitting the demolition, removal of garbage, debris, and other noxious or unhealthy substances and materials from, or repair or enclosure of, the building under specified provisions of the Code.


LRB103 35367 AWJ 65432 b

 

 

A BILL FOR

 

HB4971LRB103 35367 AWJ 65432 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 Illinois Municipal Code is amended by
5changing Section 11-31-1 as follows:
 
6    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)
7    Sec. 11-31-1. Demolition, repair, enclosure, or
8remediation.
9    (a) The corporate authorities of each municipality may
10demolish, repair, or enclose or cause the demolition, repair,
11or enclosure of dangerous and unsafe buildings or uncompleted
12and abandoned buildings within the territory of the
13municipality and may remove or cause the removal of garbage,
14debris, and other hazardous, noxious, or unhealthy substances
15or materials from those buildings. In any county having
16adopted by referendum or otherwise a county health department
17as provided by Division 5-25 of the Counties Code or its
18predecessor, the county board of that county may exercise
19those powers with regard to dangerous and unsafe buildings or
20uncompleted and abandoned buildings within the territory of
21any city, village, or incorporated town having less than
2250,000 population.
23    The corporate authorities shall apply to the circuit court

 

 

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

 

 

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1other costs 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 municipality, the lien
8holder of record, or the intervenor who incurred the cost and
9expense shall file a notice of lien for the cost and expense
10incurred in the office of the recorder in the county in which
11the real estate is located or in the office of the registrar of
12titles of the county if the real estate affected is registered
13under the 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 municipality, the lien holder
19of record, 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 municipality, the person in whose name the
23lien has been filed, or the assignee of the lien, and the
24release may be filed of record as in the case of filing notice
25of lien. Unless the lien is enforced under subsection (c), the
26lien may be enforced by foreclosure proceedings as in the case

 

 

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1of mortgage foreclosures under Article XV of the Code of Civil
2Procedure or mechanics' lien foreclosures. An action to
3foreclose this lien may be commenced at any time after the date
4of filing of the notice of lien. The costs of foreclosure
5incurred by the municipality, including court costs,
6reasonable attorney's fees, advances to preserve the property,
7and other costs related to the enforcement of this subsection,
8plus statutory interest, are a lien on the real estate and are
9recoverable by the municipality from the owner or owners of
10the real estate.
11    All liens arising under this subsection (a) shall be
12assignable. The assignee of the lien shall have the same power
13to enforce the lien as the assigning party, except that the
14lien may not be enforced under subsection (c).
15    If the appropriate official of any municipality determines
16that any dangerous and unsafe building or uncompleted and
17abandoned building within its territory fulfills the
18requirements for an action by the municipality under the
19Abandoned Housing Rehabilitation Act, the municipality may
20petition under that Act in a proceeding brought under this
21subsection.
22    (b) Any owner or tenant of real property within 1200 feet
23in any direction of any dangerous or unsafe building located
24within the territory of a municipality with a population of
25500,000 or more may file with the appropriate municipal
26authority a request that the municipality apply to the circuit

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    If the owner of record enters an appearance in the action
2within the 30 day period, but does not at that time file with
3the court a request to demolish the dangerous or unsafe
4building or to put the property in safe condition, or
5specifically waive his or her rights under this subsection
6(d), the court shall vacate its order declaring the property
7abandoned if it determines that the owner of record does not
8intend to abandon the property. In that case, the municipality
9may amend its complaint in order to initiate proceedings under
10subsection (a), or it may request that the court order the
11owner to demolish buildings or repair the dangerous or unsafe
12conditions of the property alleged in the petition or seek the
13appointment of a receiver or other equitable relief to correct
14the conditions at the property. The powers and rights of a
15receiver appointed under this subsection (d) shall include all
16of the powers and rights of a receiver appointed under Section
1711-31-2 of this Code.
18    If a request to demolish or repair a building or property
19is filed within the 30 day period, the court shall grant
20permission to the requesting party to demolish the building or
21repair the property within 60 days after the request is
22granted. An extension of that period for up to 60 additional
23days may be given for good cause. If more than one person with
24an interest in the property files a timely request, preference
25shall be given to the owner of record if the owner filed a
26request or, if the owner did not, the person with the lien or

 

 

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

 

 

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1and if no person with an interest in the property files a
2timely request or if the requesting party fails to demolish
3the building or put the property in safe condition within the
4time specified by the court, the municipality may petition the
5court to issue a judicial deed for the property to the
6municipality or another governmental body designated by the
7municipality in the petition. A conveyance by judicial deed
8shall operate to extinguish all existing ownership interests
9in, liens on, and other interest in the property, including
10tax liens, and shall extinguish the rights and interests of
11any and all holders of a bona fide certificate of purchase of
12the property for delinquent taxes. Any such bona fide
13certificate of purchase holder shall be entitled to a sale in
14error as prescribed under Section 21-310 of the Property Tax
15Code.
16    (e) Each municipality may use the provisions of this
17subsection to expedite the removal of certain buildings that
18are a continuing hazard to the community in which they are
19located.
20    If a residential or commercial building is 3 stories or
21less in height as defined by the municipality's building code,
22and the corporate official designated to be in charge of
23enforcing the municipality's building code determines that the
24building is open and vacant and an immediate and continuing
25hazard to the community in which the building is located, then
26the official shall be authorized to post a notice not less than

 

 

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

 

 

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

 

 

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

 

 

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1moves to vacate the dismissal and serves a copy of the motion
2on the chief executive officer of the municipality.
3Notwithstanding any other law to the contrary, if the objector
4does not file a motion and give the required notice, if the
5motion is denied by the court, or if the action is again
6dismissed for want of prosecution, then the dismissal is with
7prejudice and the demolition, repair, enclosure, or removal
8may proceed forthwith.
9    The municipality must maintain documentation submitted
10from a contractor on the disposal of any demolition debris,
11clean or general, or uncontaminated soil generated during the
12demolition, repair, or enclosure of a building for a period of
133 years identifying the hauler, generator, place of origin of
14the debris or soil, the weight or volume of the debris or soil,
15and the location, owner, and operator of the facility where
16the debris or soil was transferred, disposed, recycled, or
17treated. The documentation required by this paragraph does not
18apply to a permitted pollution control facility that transfers
19or accepts construction or demolition debris, clean or
20general, or uncontaminated soil for final disposal, recycling,
21or treatment.
22    Following the demolition, repair, or enclosure of a
23building, or the removal of garbage, debris, or other
24hazardous, noxious, or unhealthy substances or materials under
25this subsection, the municipality may file a notice of lien
26against the real estate for the cost of the demolition,

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1an actual or imminent threat to public health and safety, such
2costs are not recoverable from the owners nor are such costs a
3lien on the real estate. The lien is superior to all prior
4existing liens and encumbrances, except taxes and any lien
5obtained under subsection (a) or (e), if, within 180 days
6after the completion of the inspection, testing, or
7remediation, the municipality or the lien holder of record who
8incurred the cost and expense shall file a notice of lien for
9the cost and expense incurred in the office of the recorder in
10the county in which the real estate is located or in the office
11of the registrar of titles of the county if the real estate
12affected is registered under the Registered Titles (Torrens)
13Act.
14    The notice must consist of a sworn statement setting out
15(i) a description of the real estate sufficient for its
16identification, (ii) the amount of money representing the cost
17and expense incurred, and (iii) the date or dates when the cost
18and expense was incurred by the municipality or the lien
19holder of record. Upon payment of the lien amount by the owner
20of or persons interested in the property after the notice of
21lien has been filed, a release of lien shall be issued by the
22municipality, the person in whose name the lien has been
23filed, or the assignee of the lien, and the release may be
24filed of record as in the case of filing notice of lien.
25    The lien may be enforced under subsection (c) or by
26foreclosure 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; provided that where the lien
3is enforced by foreclosure under subsection (c) or under
4either statute, the municipality may not proceed against the
5other assets of the owner or owners of the real estate for any
6costs that otherwise would be recoverable under this Section
7but that remain unsatisfied after foreclosure except where
8such additional recovery is authorized by separate
9environmental laws. An action to foreclose this lien may be
10commenced at any time after the date of filing of the notice of
11lien. The costs of foreclosure incurred by the municipality,
12including court costs, reasonable attorney's fees, advances to
13preserve the property, and other costs related to the
14enforcement of this subsection, plus statutory interest, are a
15lien on the real estate.
16    All liens arising under this subsection (f) shall be
17assignable. The assignee of the lien shall have the same power
18to enforce the lien as the assigning party, except that the
19lien may not be enforced under subsection (c).
20    (g) In any case where a municipality has obtained a lien
21under subsection (a), the municipality may also bring an
22action for a money judgment against the owner or owners of the
23real estate in the amount of the lien in the same manner as
24provided for bringing causes of action in Article II of the
25Code of Civil Procedure and, upon obtaining a judgment, file a
26judgment lien against all of the real estate of the owner or

 

 

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1owners and enforce that lien as provided for in Article XII of
2the Code of Civil Procedure.
3(Source: P.A. 102-363, eff. 1-1-22; 102-847, eff. 5-13-22.)