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90_HB0661
65 ILCS 5/11-20-13 from Ch. 24, par. 11-20-13
Amends the Illinois Municipal Code. Provides that a
municipality may remove graffiti from private property but
may not recover the cost from the owner.
LRB9003553PTcw
LRB9003553PTcw
1 AN ACT to amend the Illinois Municipal Code by changing
2 Section 11-20-13.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 changing Section 11-20-13 as follows:
7 (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
8 Sec. 11-20-13. The corporate authorities of each
9 municipality may provide for the removal of garbage, and
10 debris, and graffiti from private property when the owner of
11 such property, after reasonable notice, refuses or neglects
12 to remove such garbage, and debris, and graffiti and may
13 collect from such owner the reasonable cost thereof except in
14 the case of graffiti. This cost is a lien upon the real
15 estate affected, superior to all subsequent liens and
16 encumbrances, except tax liens, if within 60 days after such
17 cost and expense is incurred the municipality, or person
18 performing the service by authority of the municipality, in
19 his or its own name, files notice of lien in the office of
20 the recorder in the county in which such real estate is
21 located or in the office of the Registrar of Titles of such
22 county if the real estate affected is registered under "An
23 Act concerning land titles", approved May 1, 1897, as
24 amended. The notice shall consist of a sworn statement
25 setting out (1) a description of the real estate sufficient
26 for identification thereof, (2) the amount of money
27 representing the cost and expense incurred or payable for the
28 service, and (3) the date or dates when such cost and expense
29 was incurred by the municipality. However, the lien of such
30 municipality shall not be valid as to any purchaser whose
31 rights in and to such real estate have arisen subsequent to
-2- LRB9003553PTcw
1 removal of the garbage and debris and prior to the filing of
2 such notice, and the lien of such municipality shall not be
3 valid as to any mortgagee, judgment creditor or other lienor
4 whose rights in and to such real estate arise prior to the
5 filing of such notice. Upon payment of the cost and expense
6 by the owner of or persons interested in such property after
7 notice of lien has been filed, the lien shall be released by
8 the municipality or person in whose name the lien has been
9 filed and the release may be filed of record as in the case
10 of filing notice of lien. The lien may be enforced by
11 proceedings to foreclose as in case of mortgages or
12 mechanics' liens. An action to foreclose this lien shall be
13 commenced within 2 years after the date of filing notice of
14 lien.
15 This amendatory Act of 1973 does not apply to any
16 municipality which is a home rule unit.
17 (Source: P.A. 83-358.)