[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] | [ Senate Amendment 002 ] |
90_HB1735ham003
LRB9002402MWmgam01
1 AMENDMENT TO HOUSE BILL 1735
2 AMENDMENT NO. . Amend House Bill 1735 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Municipal Code is amended by
5 changing the Article II, Division 31 heading and Section
6 11-31-1 as follows:
7 (65 ILCS 5/Art. II, Div. 31 heading)
8 Division 31. Unsafe Property Buildings.
9 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
10 Sec. 11-31-1. Demolition, repair, or enclosure, or
11 remediation.
12 (a) The corporate authorities of each municipality may
13 demolish, repair, or enclose or cause the demolition, repair,
14 or enclosure of dangerous and unsafe buildings or uncompleted
15 and abandoned buildings within the territory of the
16 municipality and may remove or cause the removal of garbage,
17 debris, and other hazardous, noxious, or unhealthy substances
18 or materials from those buildings. In any county having
19 adopted by referendum or otherwise a county health department
20 as provided by Division 5-25 of the Counties Code or its
21 predecessor, the county board of that county may exercise
-2- LRB9002402MWmgam01
1 those powers with regard to dangerous and unsafe buildings or
2 uncompleted and abandoned buildings within the territory of
3 any city, village, or incorporated town having less than
4 50,000 population.
5 The corporate authorities shall apply to the circuit
6 court of the county in which the building is located (i) for
7 an order authorizing action to be taken with respect to a
8 building if the owner or owners of the building, including
9 the lien holders of record, after at least 15 days' written
10 notice by mail so to do, have failed to put the building in a
11 safe condition or to demolish it or (ii) for an order
12 requiring the owner or owners of record to demolish, repair,
13 or enclose the building or to remove garbage, debris, and
14 other hazardous, noxious, or unhealthy substances or
15 materials from the building. It is not a defense to the
16 cause of action that the building is boarded up or otherwise
17 enclosed, although the court may order the defendant to have
18 the building boarded up or otherwise enclosed. Where, upon
19 diligent search, the identity or whereabouts of the owner or
20 owners of the building, including the lien holders of record,
21 is not ascertainable, notice mailed to the person or persons
22 in whose name the real estate was last assessed is sufficient
23 notice under this Section.
24 The hearing upon the application to the circuit court
25 shall be expedited by the court and shall be given precedence
26 over all other suits. Any person entitled to bring an action
27 under subsection (b) shall have the right to intervene in an
28 action brought under this Section.
29 The cost of the demolition, repair, enclosure, or removal
30 incurred by the municipality, by an intervenor, or by a lien
31 holder of record, including court costs, attorney's fees, and
32 other costs related to the enforcement of this Section, is
33 recoverable from the owner or owners of the real estate or
34 the previous owner or both if the property was transferred
-3- LRB9002402MWmgam01
1 during the 15 day notice period and is a lien on the real
2 estate; the lien is superior to all prior existing liens and
3 encumbrances, except taxes, if, within 180 days after the
4 repair, demolition, enclosure, or removal, the municipality,
5 the lien holder of record, or the intervenor who incurred the
6 cost and expense shall file a notice of lien for the cost and
7 expense incurred in the office of the recorder in the county
8 in which the real estate is located or in the office of the
9 registrar of titles of the county if the real estate affected
10 is registered under the Registered Titles (Torrens) Act.
11 The notice must consist of a sworn statement setting out
12 (1) a description of the real estate sufficient for its
13 identification, (2) the amount of money representing the cost
14 and expense incurred, and (3) the date or dates when the cost
15 and expense was incurred by the municipality, the lien holder
16 of record, or the intervenor. Upon payment of the cost and
17 expense by the owner of or persons interested in the property
18 after the notice of lien has been filed, the lien shall be
19 released by the municipality, the person in whose name the
20 lien has been filed, or the assignee of the lien, and the
21 release may be filed of record as in the case of filing
22 notice of lien. Unless the lien is enforced under subsection
23 (c), the lien may be enforced by foreclosure proceedings as
24 in the case of mortgage foreclosures under Article XV of the
25 Code of Civil Procedure or mechanics' lien foreclosures. An
26 action to foreclose this lien may be commenced at any time
27 after the date of filing of the notice of lien. The costs of
28 foreclosure incurred by the municipality, including court
29 costs, reasonable attorney's fees, advances to preserve the
30 property, and other costs related to the enforcement of this
31 subsection, plus statutory interest, are a lien on the real
32 estate and are recoverable by the municipality from the owner
33 or owners of the real estate.
34 All liens arising under this subsection (a) shall be
-4- LRB9002402MWmgam01
1 assignable. The assignee of the lien shall have the same
2 power to enforce the lien as the assigning party, except that
3 the lien may not be enforced under subsection (c).
4 If the appropriate official of any municipality
5 determines that any dangerous and unsafe building or
6 uncompleted and abandoned building within its territory
7 fulfills the requirements for an action by the municipality
8 under the Abandoned Housing Rehabilitation Act, the
9 municipality may petition under that Act in a proceeding
10 brought under this subsection.
11 (b) Any owner or tenant of real property within 1200
12 feet in any direction of any dangerous or unsafe building
13 located within the territory of a municipality with a
14 population of 500,000 or more may file with the appropriate
15 municipal authority a request that the municipality apply to
16 the circuit court of the county in which the building is
17 located for an order permitting the demolition, removal of
18 garbage, debris, and other noxious or unhealthy substances
19 and materials from, or repair or enclosure of the building in
20 the manner prescribed in subsection (a) of this Section. If
21 the municipality fails to institute an action in circuit
22 court within 90 days after the filing of the request, the
23 owner or tenant of real property within 1200 feet in any
24 direction of the building may institute an action in circuit
25 court seeking an order compelling the owner or owners of
26 record to demolish, remove garbage, debris, and other noxious
27 or unhealthy substances and materials from, repair or enclose
28 or to cause to be demolished, have garbage, debris, and other
29 noxious or unhealthy substances and materials removed from,
30 repaired, or enclosed the building in question. A private
31 owner or tenant who institutes an action under the preceding
32 sentence shall not be required to pay any fee to the clerk of
33 the circuit court. The cost of repair, removal, demolition,
34 or enclosure shall be borne by the owner or owners of record
-5- LRB9002402MWmgam01
1 of the building. In the event the owner or owners of record
2 fail to demolish, remove garbage, debris, and other noxious
3 or unhealthy substances and materials from, repair, or
4 enclose the building within 90 days of the date the court
5 entered its order, the owner or tenant who instituted the
6 action may request that the court join the municipality as a
7 party to the action. The court may order the municipality to
8 demolish, remove materials from, repair, or enclose the
9 building, or cause that action to be taken upon the request
10 of any owner or tenant who instituted the action or upon the
11 municipality's request. The municipality may file, and the
12 court may approve, a plan for rehabilitating the building in
13 question. A court order authorizing the municipality to
14 demolish, remove materials from, repair, or enclose a
15 building, or cause that action to be taken, shall not
16 preclude the court from adjudging the owner or owners of
17 record of the building in contempt of court due to the
18 failure to comply with the order to demolish, remove garbage,
19 debris, and other noxious or unhealthy substances and
20 materials from, repair, or enclose the building.
21 If a municipality or a person or persons other than the
22 owner or owners of record pay the cost of demolition, removal
23 of garbage, debris, and other noxious or unhealthy substances
24 and materials, repair, or enclosure pursuant to a court
25 order, the cost, including court costs, attorney's fees, and
26 other costs related to the enforcement of this subsection, is
27 recoverable from the owner or owners of the real estate and
28 is a lien on the real estate; the lien is superior to all
29 prior existing liens and encumbrances, except taxes, if,
30 within 180 days after the repair, removal, demolition, or
31 enclosure, the municipality or the person or persons who paid
32 the costs of demolition, removal, repair, or enclosure shall
33 file a notice of lien of the cost and expense incurred in the
34 office of the recorder in the county in which the real estate
-6- LRB9002402MWmgam01
1 is located or in the office of the registrar of the county if
2 the real estate affected is registered under the Registered
3 Titles (Torrens) Act. The notice shall be in a form as is
4 provided in subsection (a). An owner or tenant who
5 institutes an action in circuit court seeking an order to
6 compel the owner or owners of record to demolish, remove
7 materials from, repair, or enclose any dangerous or unsafe
8 building, or to cause that action to be taken under this
9 subsection may recover court costs and reasonable attorney's
10 fees for instituting the action from the owner or owners of
11 record of the building. Upon payment of the costs and
12 expenses by the owner of or a person interested in the
13 property after the notice of lien has been filed, the lien
14 shall be released by the municipality or the person in whose
15 name the lien has been filed or his or her assignee, and the
16 release may be filed of record as in the case of filing a
17 notice of lien. Unless the lien is enforced under subsection
18 (c), the lien may be enforced by foreclosure proceedings as
19 in the case of mortgage foreclosures under Article XV of the
20 Code of Civil Procedure or mechanics' lien foreclosures. An
21 action to foreclose this lien may be commenced at any time
22 after the date of filing of the notice of lien. The costs of
23 foreclosure incurred by the municipality, including court
24 costs, reasonable attorneys' fees, advances to preserve the
25 property, and other costs related to the enforcement of this
26 subsection, plus statutory interest, are a lien on the real
27 estate and are recoverable by the municipality from the owner
28 or owners of the real estate.
29 All liens arising under the terms of this subsection (b)
30 shall be assignable. The assignee of the lien shall have the
31 same power to enforce the lien as the assigning party, except
32 that the lien may not be enforced under subsection (c).
33 (c) In any case where a municipality has obtained a lien
34 under subsection (a), or (b), or (f), the municipality may
-7- LRB9002402MWmgam01
1 enforce the lien under this subsection (c) in the same
2 proceeding in which the lien is authorized.
3 A municipality desiring to enforce a lien under this
4 subsection (c) shall petition the court to retain
5 jurisdiction for foreclosure proceedings under this
6 subsection. Notice of the petition shall be served, by
7 certified or registered mail, on all persons who were served
8 notice under subsection (a), or (b), or (f). The court shall
9 conduct a hearing on the petition not less than 15 days after
10 the notice is served. If the court determines that the
11 requirements of this subsection (c) have been satisfied, it
12 shall grant the petition and retain jurisdiction over the
13 matter until the foreclosure proceeding is completed. The
14 costs of foreclosure incurred by the municipality, including
15 court costs, reasonable attorneys' fees, advances to preserve
16 the property, and other costs related to the enforcement of
17 this subsection, plus statutory interest, are a lien on the
18 real estate and are recoverable by the municipality from the
19 owner or owners of the real estate. If the court denies the
20 petition, the municipality may enforce the lien in a separate
21 action as provided in subsection (a), or (b), or (f).
22 All persons designated in Section 15-1501 of the Code of
23 Civil Procedure as necessary parties in a mortgage
24 foreclosure action shall be joined as parties before issuance
25 of an order of foreclosure. Persons designated in Section
26 15-1501 of the Code of Civil Procedure as permissible parties
27 may also be joined as parties in the action.
28 The provisions of Article XV of the Code of Civil
29 Procedure applicable to mortgage foreclosures shall apply to
30 the foreclosure of a lien under this subsection (c), except
31 to the extent that those provisions are inconsistent with
32 this subsection. For purposes of foreclosures of liens
33 under this subsection, however, the redemption period
34 described in subsection (b) of Section 15-1603 of the Code of
-8- LRB9002402MWmgam01
1 Civil Procedure shall end 60 days after the date of entry of
2 the order of foreclosure.
3 (d) In addition to any other remedy provided by law, the
4 corporate authorities of any municipality may petition the
5 circuit court to have property declared abandoned under this
6 subsection (d) if:
7 (1) the property has been tax delinquent for 2 or
8 more years or bills for water service for the property
9 have been outstanding for 2 or more years;
10 (2) the property is unoccupied by persons legally
11 in possession; and
12 (3) the property contains a dangerous or unsafe
13 building.
14 All persons having an interest of record in the property,
15 including tax purchasers and beneficial owners of any
16 Illinois land trust having title to the property, shall be
17 named as defendants in the petition and shall be served with
18 process. In addition, service shall be had under Section
19 2-206 of the Code of Civil Procedure as in other cases
20 affecting property.
21 The municipality, however, may proceed under this
22 subsection in a proceeding brought under subsection (a) or
23 (b). Notice of the petition shall be served by certified or
24 registered mail on all persons who were served notice under
25 subsection (a) or (b).
26 If the municipality proves that the conditions described
27 in this subsection exist and the owner of record of the
28 property does not enter an appearance in the action, or, if
29 title to the property is held by an Illinois land trust, if
30 neither the owner of record nor the owner of the beneficial
31 interest of the trust enters an appearance, the court shall
32 declare the property abandoned.
33 If that determination is made, notice shall be sent by
34 certified or registered mail to all persons having an
-9- LRB9002402MWmgam01
1 interest of record in the property, including tax purchasers
2 and beneficial owners of any Illinois land trust having title
3 to the property, stating that title to the property will be
4 transferred to the municipality unless, within 30 days of the
5 notice, the owner of record enters an appearance in the
6 action, or unless any other person having an interest in the
7 property files with the court a request to demolish the
8 dangerous or unsafe building or to put the building in safe
9 condition.
10 If the owner of record enters an appearance in the action
11 within the 30 day period, the court shall vacate its order
12 declaring the property abandoned. In that case, the
13 municipality may amend its complaint in order to initiate
14 proceedings under subsection (a).
15 If a request to demolish or repair the building is filed
16 within the 30 day period, the court shall grant permission to
17 the requesting party to demolish the building within 30 days
18 or to restore the building to safe condition within 60 days
19 after the request is granted. An extension of that period
20 for up to 60 additional days may be given for good cause. If
21 more than one person with an interest in the property files a
22 timely request, preference shall be given to the person with
23 the lien or other interest of the highest priority.
24 If the requesting party proves to the court that the
25 building has been demolished or put in a safe condition
26 within the period of time granted by the court, the court
27 shall issue a quitclaim judicial deed for the property to the
28 requesting party, conveying only the interest of the owner of
29 record, upon proof of payment to the municipality of all
30 costs incurred by the municipality in connection with the
31 action, including but not limited to court costs, attorney's
32 fees, administrative costs, the costs, if any, associated
33 with building enclosure or removal, and receiver's
34 certificates. The interest in the property so conveyed shall
-10- LRB9002402MWmgam01
1 be subject to all liens and encumbrances on the property. In
2 addition, if the interest is conveyed to a person holding a
3 certificate of purchase for the property under the Property
4 Tax Code, the conveyance shall be subject to the rights of
5 redemption of all persons entitled to redeem under that Act,
6 including the original owner of record.
7 If no person with an interest in the property files a
8 timely request or if the requesting party fails to demolish
9 the building or put the building in safe condition within the
10 time specified by the court, the municipality may petition
11 the court to issue a judicial deed for the property to the
12 municipality. A conveyance by judicial deed shall operate to
13 extinguish all existing ownership interests in, liens on, and
14 other interest in the property, including tax liens.
15 (e) Each municipality may use the provisions of this
16 subsection to expedite the removal of certain buildings that
17 are a continuing hazard to the community in which they are
18 located.
19 If a residential building is 2 stories or less in height
20 as defined by the municipality's building code, and the
21 corporate official designated to be in charge of enforcing
22 the municipality's building code determines that the building
23 is open and vacant and an immediate and continuing hazard to
24 the community in which the building is located, then the
25 official shall be authorized to post a notice not less than 2
26 feet by 2 feet in size on the front of the building. The
27 notice shall be dated as of the date of the posting and shall
28 state that unless the building is demolished, repaired, or
29 enclosed, and unless any garbage, debris, and other
30 hazardous, noxious, or unhealthy substances or materials are
31 removed so that an immediate and continuing hazard to the
32 community no longer exists, then the building may be
33 demolished, repaired, or enclosed, or any garbage, debris,
34 and other hazardous, noxious, or unhealthy substances or
-11- LRB9002402MWmgam01
1 materials may be removed, by the municipality.
2 Not later than 30 days following the posting of the
3 notice, the municipality shall do both of the following:
4 (1) Cause to be sent, by certified mail, return
5 receipt requested, a notice to all owners of record of
6 the property, the beneficial owners of any Illinois land
7 trust having title to the property, and all lienholders
8 of record in the property, stating the intent of the
9 municipality to demolish, repair, or enclose the building
10 or remove any garbage, debris, or other hazardous,
11 noxious, or unhealthy substances or materials if that
12 action is not taken by the owner or owners.
13 (2) Cause to be published, in a newspaper published
14 or circulated in the municipality where the building is
15 located, a notice setting forth (i) the permanent tax
16 index number and the address of the building, (ii) a
17 statement that the property is open and vacant and
18 constitutes an immediate and continuing hazard to the
19 community, and (iii) a statement that the municipality
20 intends to demolish, repair, or enclose the building or
21 remove any garbage, debris, or other hazardous, noxious,
22 or unhealthy substances or materials if the owner or
23 owners or lienholders of record fail to do so. This
24 notice shall be published for 3 consecutive days.
25 A person objecting to the proposed actions of the
26 corporate authorities may file his or her objection in an
27 appropriate form in a court of competent jurisdiction.
28 If the building is not demolished, repaired, or enclosed,
29 or the garbage, debris, or other hazardous, noxious, or
30 unhealthy substances or materials are not removed, within 30
31 days of mailing the notice to the owners of record, the
32 beneficial owners of any Illinois land trust having title to
33 the property, and all lienholders of record in the property,
34 or within 30 days of the last day of publication of the
-12- LRB9002402MWmgam01
1 notice, whichever is later, the corporate authorities shall
2 have the power to demolish, repair, or enclose the building
3 or to remove any garbage, debris, or other hazardous,
4 noxious, or unhealthy substances or materials.
5 The municipality may proceed to demolish, repair, or
6 enclose a building or remove any garbage, debris, or other
7 hazardous, noxious, or unhealthy substances or materials
8 under this subsection within a 120-day period following the
9 date of the mailing of the notice if the appropriate official
10 determines that the demolition, repair, enclosure, or removal
11 of any garbage, debris, or other hazardous, noxious, or
12 unhealthy substances or materials is necessary to remedy the
13 immediate and continuing hazard. If, however, before the
14 municipality proceeds with any of the actions authorized by
15 this subsection, any person has sought a hearing under this
16 subsection before a court and has served a copy of the
17 complaint on the chief executive officer of the municipality,
18 then the municipality shall not proceed with the demolition,
19 repair, enclosure, or removal of garbage, debris, or other
20 substances until the court determines that that action is
21 necessary to remedy the hazard and issues an order
22 authorizing the municipality to do so.
23 Following the demolition, repair, or enclosure of a
24 building, or the removal of garbage, debris, or other
25 hazardous, noxious, or unhealthy substances or materials
26 under this subsection, the municipality may file a notice of
27 lien against the real estate for the cost of the demolition,
28 repair, enclosure, or removal within 180 days after the
29 repair, demolition, enclosure, or removal occurred, for the
30 cost and expense incurred, in the office of the recorder in
31 the county in which the real estate is located or in the
32 office of the registrar of titles of the county if the real
33 estate affected is registered under the Registered Titles
34 (Torrens) Act. The notice of lien shall consist of a sworn
-13- LRB9002402MWmgam01
1 statement setting forth (i) a description of the real estate,
2 such as the address or other description of the property,
3 sufficient for its identification; (ii) the expenses incurred
4 by the municipality in undertaking the remedial actions
5 authorized under this subsection; (iii) the date or dates the
6 expenses were incurred by the municipality; (iv) a statement
7 by the corporate official responsible for enforcing the
8 building code that the building was open and vacant and
9 constituted an immediate and continuing hazard to the
10 community; (v) a statement by the corporate official that the
11 required sign was posted on the building, that notice was
12 sent by certified mail to the owners of record, and that
13 notice was published in accordance with this subsection; and
14 (vi) a statement as to when and where the notice was
15 published. The lien authorized by this subsection may
16 thereafter be released or enforced by the municipality as
17 provided in subsection (a).
18 (f) The corporate authorities of each municipality may
19 remove or cause the removal of, or otherwise environmentally
20 remediate hazardous substances on, in, or under any abandoned
21 and unsafe property within the territory of a municipality.
22 In addition, where preliminary evidence indicates the
23 presence or likely presence of a hazardous substance or a
24 release or a substantial threat of a release of a hazardous
25 substance on, in, or under the property, the corporate
26 authorities of the municipality may inspect the property and
27 test for the presence or release of hazardous substances. In
28 any county having adopted by referendum or otherwise a county
29 health department as provided by Division 5-25 of the
30 Counties Code or its predecessor, the county board of that
31 county may exercise the above-described powers with regard to
32 property within the territory of any city, village, or
33 incorporated town having less than 50,000 population.
34 For purposes of this subsection (f):
-14- LRB9002402MWmgam01
1 (1) "property" or "real estate" means all real
2 property, whether or not improved by a structure;
3 (2) "abandoned" means;
4 (A) the property has been tax delinquent for 2
5 or more years or bills for water service for the
6 property have been outstanding for 2 or more years;
7 and
8 (B) the property is unoccupied by persons
9 legally in possession; and
10 (3) "unsafe" means property that presents an actual
11 or imminent threat to public health and safety caused by
12 the release of contaminants, as that term is defined in
13 the Environmental Protection Act.
14 The corporate authorities shall apply to the circuit
15 court of the county in which the property is located (i) for
16 an order allowing the municipality to enter the property and
17 inspect and test substances on, in, or under the property; or
18 (ii) for an order requiring the owner or owners of record to
19 remediate the property; or (iii) for an order authorizing the
20 corporate authorities to take action with respect to a
21 property if the owner or owners of the property, including
22 the lien holders of record, after at least 30 days' written
23 notice by mail to do so, have failed to complete remediation
24 of the property; or (iv) for an order authorizing the
25 corporate authorities to take immediate action with respect
26 to the property if conditions on the property create an
27 emergency situation and the action is necessary to protect
28 public health and safety. Remediation shall be deemed
29 complete for purposes of paragraph (iii) above when the
30 property satisfies Tier I, II, or III remediation objectives
31 for the property's most recent usage, as established by the
32 Environmental Protection Act, and the rules and regulations
33 promulgated thereunder. Where, upon diligent search, the
34 identity or whereabouts of the owner or owners of the
-15- LRB9002402MWmgam01
1 property, including the lien holders of record, is not
2 ascertainable, notice mailed to the person or persons in
3 whose name the real estate was last assessed is sufficient
4 notice under this Section.
5 The court shall grant an order authorizing testing under
6 paragraph (i) above upon a showing of preliminary evidence
7 indicating the presence or likely presence of a hazardous
8 substance or a release of or a substantial threat of a
9 release of a hazardous substance on, in, or under abandoned
10 property. The preliminary evidence may include, but is not
11 limited to, evidence of prior use, visual site inspection, or
12 records of prior environmental investigations. The testing
13 authorized by paragraph (i) above shall include any type of
14 investigation which is necessary for an environmental
15 professional to determine the environmental condition of the
16 property, including but not limited to performance of soil
17 borings and groundwater monitoring. The court shall grant a
18 remediation order under paragraphs (ii) or (iii) above where
19 testing of the property indicates that is fails to meet the
20 applicable remediation objectives. The hearing upon the
21 application to the circuit court shall be expedited by the
22 court and shall be given precedence over all other suits.
23 The cost of the inspection, testing, or remediation
24 incurred by the municipality or by a lien holder of record,
25 including court costs, attorney's fees, and other costs
26 related to the enforcement of this Section, is a lien on the
27 real estate; except that in any instances where a
28 municipality incurs costs of inspection and testing but finds
29 no hazardous substances on the property that present an
30 actual or imminent threat to public health and safety, such
31 costs are not recoverable from the owners nor are such costs
32 a lien on the real estate. The lien is superior to all prior
33 existing liens and encumbrances, except taxes and any lien
34 obtained under subsection (a) or (e), if, within 180 days
-16- LRB9002402MWmgam01
1 after the completion of the inspection, testing, or
2 remediation, the municipality or the lien holder of record
3 who incurred the cost and expense shall file a notice of lien
4 for the cost and expense incurred in the office of the
5 recorder in the county in which the real estate is located or
6 in the office of the registrar of titles of the county if the
7 real estate affected is registered under the Registered
8 Titles (Torrens) Act.
9 The notice must consist of a sworn statement setting out
10 (i) a description of the real estate sufficient for its
11 identification, (ii) the amount of money representing the
12 cost and expense incurred, and (iii) the date or dates when
13 the cost and expense was incurred by the municipality or the
14 lien holder of record. Upon payment of the lien amount by
15 the owner of or persons interested in the property after the
16 notice of lien has been filed, a release of lien shall be
17 issued by the municipality, the person in whose name the lien
18 has been filed, or the assignee of the lien, and the release
19 may be filed of record as in the case of filing notice of
20 lien.
21 The lien may be enforced under subsection (c) or by
22 foreclosure proceedings as in the case of mortgage
23 foreclosures under Article XV of the Code of Civil Procedure
24 or mechanics' lien foreclosures; provided that where the lien
25 is enforced by foreclosure under either statute, the
26 municipality may not proceed against the other assets of the
27 owner or owners of the real estate for any costs that
28 otherwise would be recoverable under this Section but that
29 remain unsatisfied after foreclosure except where such
30 additional recovery is authorized by separate environmental
31 laws. An action to foreclose this lien may be commenced at
32 any time after the date of filing of the notice of lien. The
33 costs of foreclosure incurred by the municipality, including
34 court costs, reasonable attorney's fees, advances to preserve
-17- LRB9002402MWmgam01
1 the property, and other costs related to the enforcement of
2 this subsection, plus statutory interest, are a lien on the
3 real estate.
4 All liens arising under this subsection (f) shall be
5 assignable. The assignee of the lien shall have the same
6 power to enforce the lien as the assigning party, except that
7 the lien may not be enforced under subsection (c).
8 In the event that the a No Further Remediation Letter has
9 been issued and is in effect in accordance with Title XVII of
10 the Environmental Protection Act for the property and for the
11 remedial action taken by the municipality, the municipality
12 shall recover the costs of the inspection, testing, and
13 remediation taken pursuant to this subsection (f) in
14 accordance with Section 58.9 of the Environmental Protection
15 Act.
16 (Source: P.A. 88-646, eff. 1-1-95; 88-658, eff. 1-1-95;
17 88-670, eff. 12-2-94; 89-235, eff. 8-4-95; 89-303, eff.
18 1-1-96.)
19 Section 10. The Illinois Code of Civil Procedure is
20 amended by changing Section 7-119 as follows:
21 (735 ILCS 5/7-119) (from Ch. 110, par. 7-119)
22 Sec. 7-119. Admissibility of evidence. Evidence is
23 admissible as to (1) any benefit to the landowner that will
24 result from the public improvement for which the eminent
25 domain proceedings were instituted; (2) any unsafe,
26 unsanitary, substandard or other illegal condition, use or
27 occupancy of the property, including but not limited to any
28 violation of any environmental law or regulation; (3) the
29 effect of such condition on income from or the fair market
30 value of the property; and (4) the reasonable cost of causing
31 the property to be placed in a legal condition, use or
32 occupancy, including but not limited to complying with
-18- LRB9002402MWmgam01
1 environmental laws and regulations. Such evidence is
2 admissible notwithstanding the absence of any official action
3 taken to require the correction or abatement of such illegal
4 condition, use or occupancy.
5 In addition, where the property contains an adverse
6 environmental condition which does not rise to the level of
7 an illegal condition but which may affect its fair market
8 value, evidence shall be admissible as to the nature and
9 extent of such condition and the costs of environmental
10 remediation.
11 (Source: P.A. 82-280.)".