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91_HB1394
LRB9105409DHmg
1 AN ACT concerning the demolition, repair, or enclosure of
2 unsafe buildings, amending named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Counties Code is amended by changing
6 Section 5-1121 as follows:
7 (55 ILCS 5/5-1121)
8 Sec. 5-1121. Demolition, repair, or enclosure.
9 (a) The county board of each county may upon a formal
10 request by the city, village or incorporated town demolish,
11 repair, or enclose or cause the demolition, repair, or
12 enclosure of dangerous and unsafe buildings or uncompleted
13 and abandoned buildings within the territory of the county,
14 but outside the territory of any municipality, and may remove
15 or cause the removal of garbage, debris, and other hazardous,
16 noxious, or unhealthy substances or materials from those
17 buildings. In any county having adopted, by referendum or
18 otherwise, a county health department as provided by Division
19 5-25 of the Counties Code or its predecessor, the county
20 board of any such county may upon a formal request by the
21 city, village, or incorporated town demolish, repair or cause
22 the demolition or repair of dangerous and unsafe buildings or
23 uncompleted and abandoned buildings within the territory of
24 any city, village, or incorporated town having a population
25 of less than 50,000.
26 The county board shall apply to the circuit court of the
27 county in which the building is located (i) for an order
28 authorizing action to be taken with respect to a building if
29 the owner or owners of the building, including the lien
30 holders of record, after at least 15 days' written notice by
31 mail to do so, have failed to commence proceedings to put the
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1 building in a safe condition or to demolish it or (ii) for an
2 order requiring the owner or owners of record to demolish,
3 repair, or enclose the building or to remove garbage, debris,
4 and other hazardous, noxious, or unhealthy substances or
5 materials from the building. It is not a defense to the
6 cause of action that the building is boarded up or otherwise
7 enclosed, although the court may order the defendant to have
8 the building boarded up or otherwise enclosed. Where, upon
9 diligent search, the identity or whereabouts of the owner or
10 owners of the building, including the lien holders of record,
11 is not ascertainable, notice mailed to the person or persons
12 in whose name the real estate was last assessed and the
13 posting of such notice upon the premises sought to be
14 demolished or repaired is sufficient notice under this
15 Section.
16 The hearing upon the application to the circuit court
17 shall be expedited by the court and shall be given precedence
18 over all other suits.
19 The cost of the demolition, repair, enclosure, or removal
20 incurred by the county, by an intervenor, or by a lien holder
21 of record, including court costs, attorney's fees, and other
22 costs related to the enforcement of this Section, is
23 recoverable from the owner or owners of the real estate or
24 the previous owner or both if the property was transferred
25 during the 15 day notice period and is a lien on all the real
26 estate of the owner or owners of the unsafe building; the
27 lien is superior to all prior existing liens and
28 encumbrances, except taxes, if, within 180 days after the
29 repair, demolition, enclosure, or removal, the county, the
30 lien holder of record, or the intervenor who incurred the
31 cost and expense shall file a notice of lien for the cost and
32 expense incurred in the office of the recorder in the county
33 in which the real estate is located or in the office of the
34 registrar of titles of the county if the real estate affected
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1 is registered under the Registered Titles (Torrens) Act.
2 The notice must consist of a sworn statement setting out
3 (1) a description of the real estate sufficient for its
4 identification, (2) the amount of money representing the cost
5 and expense incurred, and (3) the date or dates when the cost
6 and expense was incurred by the county, the lien holder of
7 record, or the intervenor. Upon payment of the cost and
8 expense by the owner of or persons interested in the property
9 after the notice of lien has been filed, the lien shall be
10 released by the county, the person in whose name the lien has
11 been filed, or the assignee of the lien, and the release may
12 be filed of record as in the case of filing notice of lien.
13 Unless the lien is enforced under subsection (b), the lien
14 may be enforced by foreclosure proceedings as in the case of
15 mortgage foreclosures under Article XV of the Code of Civil
16 Procedure or mechanics' lien foreclosures. An action to
17 foreclose this lien may be commenced at any time after the
18 date of filing of the notice of lien. The costs of
19 foreclosure incurred by the county, including court costs,
20 reasonable attorney's fees, advances to preserve the
21 property, and other costs related to the enforcement of this
22 subsection, plus statutory interest, are a lien on the real
23 estate and are recoverable by the county from the owner or
24 owners of the real estate.
25 All liens arising under this subsection (a) shall be
26 assignable. The assignee of the lien shall have the same
27 power to enforce the lien as the assigning party, except that
28 the lien may not be enforced under subsection (b).
29 If the appropriate official of any county determines that
30 any dangerous and unsafe building or uncompleted and
31 abandoned building within its territory fulfills the
32 requirements for an action by the county under the Abandoned
33 Housing Rehabilitation Act, the county may petition under
34 that Act in a proceeding brought under this subsection.
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1 (b) In any case where a county has obtained a lien under
2 subsection (a), the county may enforce the lien under this
3 subsection (b) in the same proceeding in which the lien is
4 authorized.
5 A county desiring to enforce a lien under this subsection
6 (b) shall petition the court to retain jurisdiction for
7 foreclosure proceedings under this subsection. Notice of the
8 petition shall be served, by certified or registered mail, on
9 all persons who were served notice under subsection (a). The
10 court shall conduct a hearing on the petition not less than
11 15 days after the notice is served. If the court determines
12 that the requirements of this subsection (b) have been
13 satisfied, it shall grant the petition and retain
14 jurisdiction over the matter until the foreclosure proceeding
15 is completed. The costs of foreclosure incurred by the
16 county, including court costs, reasonable attorneys' fees,
17 advances to preserve the property, and other costs related to
18 the enforcement of this subsection, plus statutory interest,
19 are a lien on the real estate and are recoverable by the
20 county from the owner or owners of the real estate. If the
21 court denies the petition, the county may enforce the lien in
22 a separate action as provided in subsection (a).
23 All persons designated in Section 15-1501 of the Code of
24 Civil Procedure as necessary parties in a mortgage
25 foreclosure action shall be joined as parties before issuance
26 of an order of foreclosure. Persons designated in Section
27 15-1501 of the Code of Civil Procedure as permissible parties
28 may also be joined as parties in the action.
29 The provisions of Article XV of the Code of Civil
30 Procedure applicable to mortgage foreclosures shall apply to
31 the foreclosure of a lien under this subsection (b), except
32 to the extent that those provisions are inconsistent with
33 this subsection. For purposes of foreclosures of liens
34 under this subsection, however, the redemption period
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1 described in subsection (b) of Section 15-1603 of the Code of
2 Civil Procedure shall end 60 days after the date of entry of
3 the order of foreclosure.
4 (c) In addition to any other remedy provided by law, the
5 county board of any county may petition the circuit court to
6 have property declared abandoned under this subsection (c)
7 if:
8 (1) the property has been tax delinquent for 2 or
9 more years or bills for water service for the property
10 have been outstanding for 2 or more years;
11 (2) the property is unoccupied by persons legally
12 in possession; and
13 (3) the property contains a dangerous or unsafe
14 building.
15 All persons having an interest of record in the property,
16 including tax purchasers and beneficial owners of any
17 Illinois land trust having title to the property, shall be
18 named as defendants in the petition and shall be served with
19 process. In addition, service shall be had under Section
20 2-206 of the Code of Civil Procedure as in other cases
21 affecting property.
22 The county, however, may proceed under this subsection in
23 a proceeding brought under subsection (a). Notice of the
24 petition shall be served by certified or registered mail on
25 all persons who were served notice under subsection (a).
26 If the county proves that the conditions described in
27 this subsection exist and the owner of record of the property
28 does not enter an appearance in the action, or, if title to
29 the property is held by an Illinois land trust, if neither
30 the owner of record nor the owner of the beneficial interest
31 of the trust enters an appearance, the court shall declare
32 the property abandoned.
33 If that determination is made, notice shall be sent by
34 certified or registered mail to all persons having an
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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 county 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 county
13 may amend its complaint in order to initiate proceedings
14 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 county of all costs
30 incurred by the county in connection with the action,
31 including but not limited to court costs, attorney's fees,
32 administrative costs, the costs, if any, associated with
33 building enclosure or removal, and receiver's certificates.
34 The interest in the property so conveyed shall be subject to
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1 all liens and encumbrances on the property. In addition, if
2 the interest is conveyed to a person holding a certificate of
3 purchase for the property under the Property Tax Code, the
4 conveyance shall be subject to the rights of redemption of
5 all persons entitled to redeem under that Act, including the
6 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 county may petition the
11 court to issue a judicial deed for the property to the
12 county. 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 (d) Each county 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 county's building code, and the official
21 designated to be in charge of enforcing the county's building
22 code determines that the building is open and vacant and an
23 immediate and continuing hazard to the community in which the
24 building is located, then the official shall be authorized to
25 post a notice not less than 2 feet by 2 feet in size on the
26 front of the building. The notice shall be dated as of the
27 date of the posting and shall state that unless the building
28 is demolished, repaired, or enclosed, and unless any garbage,
29 debris, and other hazardous, noxious, or unhealthy substances
30 or materials are removed so that an immediate and continuing
31 hazard to the community no longer exists, then the building
32 may be demolished, repaired, or enclosed, or any garbage,
33 debris, and other hazardous, noxious, or unhealthy substances
34 or materials may be removed, by the county.
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1 Not later than 30 days following the posting of the
2 notice, the county shall do both of the following:
3 (1) Cause to be sent, by certified mail, return
4 receipt requested, a notice to all owners of record of
5 the property, the beneficial owners of any Illinois land
6 trust having title to the property, and all lienholders
7 of record in the property, stating the intent of the
8 county to demolish, repair, or enclose the building or
9 remove any garbage, debris, or other hazardous, noxious,
10 or unhealthy substances or materials if that action is
11 not taken by the owner or owners.
12 (2) Cause to be published, in a newspaper published
13 or circulated in the county where the building is
14 located, a notice setting forth (i) the permanent tax
15 index number and the address of the building, (ii) a
16 statement that the property is open and vacant and
17 constitutes an immediate and continuing hazard to the
18 community, and (iii) a statement that the county intends
19 to demolish, repair, or enclose the building or remove
20 any garbage, debris, or other hazardous, noxious, or
21 unhealthy substances or materials if the owner or owners
22 or lienholders of record fail to do so. This notice
23 shall be published for 3 consecutive days.
24 A person objecting to the proposed actions of the county
25 board may file his or her objection in an appropriate form in
26 a court of competent jurisdiction.
27 If the building is not demolished, repaired, or enclosed,
28 or the garbage, debris, or other hazardous, noxious, or
29 unhealthy substances or materials are not removed, within 30
30 days of mailing the notice to the owners of record, the
31 beneficial owners of any Illinois land trust having title to
32 the property, and all lienholders of record in the property,
33 or within 30 days of the last day of publication of the
34 notice, whichever is later, the county board shall have the
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1 power to demolish, repair, or enclose the building or to
2 remove any garbage, debris, or other hazardous, noxious, or
3 unhealthy substances or materials.
4 The county may proceed to demolish, repair, or enclose a
5 building or remove any garbage, debris, or other hazardous,
6 noxious, or unhealthy substances or materials under this
7 subsection within a 120-day period following the date of the
8 mailing of the notice if the appropriate official determines
9 that the demolition, repair, enclosure, or removal of any
10 garbage, debris, or other hazardous, noxious, or unhealthy
11 substances or materials is necessary to remedy the immediate
12 and continuing hazard. If, however, before the county
13 proceeds with any of the actions authorized by this
14 subsection, any person has sought a hearing under this
15 subsection before a court and has served a copy of the
16 complaint on the chief executive officer of the county, then
17 the county shall not proceed with the demolition, repair,
18 enclosure, or removal of garbage, debris, or other substances
19 until the court determines that that action is necessary to
20 remedy the hazard and issues an order authorizing the county
21 to do so.
22 Following the demolition, repair, or enclosure of a
23 building, or the removal of garbage, debris, or other
24 hazardous, noxious, or unhealthy substances or materials
25 under this subsection, the county may file a notice of lien
26 against the real estate for the cost of the demolition,
27 repair, enclosure, or removal within 180 days after the
28 repair, demolition, enclosure, or removal occurred, for the
29 cost and expense incurred, in the office of the recorder in
30 the county in which the real estate is located or in the
31 office of the registrar of titles of the county if the real
32 estate affected is registered under the Registered Titles
33 (Torrens) Act. The notice of lien shall consist of a sworn
34 statement setting forth (i) a description of the real estate,
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1 such as the address or other description of the property,
2 sufficient for its identification; (ii) the expenses incurred
3 by the county in undertaking the remedial actions authorized
4 under this subsection; (iii) the date or dates the expenses
5 were incurred by the county; (iv) a statement by the official
6 responsible for enforcing the building code that the building
7 was open and vacant and constituted an immediate and
8 continuing hazard to the community; (v) a statement by the
9 official that the required sign was posted on the building,
10 that notice was sent by certified mail to the owners of
11 record, and that notice was published in accordance with this
12 subsection; and (vi) a statement as to when and where the
13 notice was published. The lien authorized by this subsection
14 may thereafter be released or enforced by the county as
15 provided in subsection (a).
16 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
17 90-517, eff. 8-22-97.)
18 Section 10. The Illinois Municipal Code is amended by
19 changing Section 11-31-1 as follows:
20 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
21 Sec. 11-31-1. Demolition, repair, enclosure, or
22 remediation.
23 (a) The corporate authorities of each municipality may
24 demolish, repair, or enclose or cause the demolition, repair,
25 or enclosure of dangerous and unsafe buildings or uncompleted
26 and abandoned buildings within the territory of the
27 municipality and may remove or cause the removal of garbage,
28 debris, and other hazardous, noxious, or unhealthy substances
29 or materials from those buildings. In any county having
30 adopted by referendum or otherwise a county health department
31 as provided by Division 5-25 of the Counties Code or its
32 predecessor, the county board of that county may exercise
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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
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1 during the 15 day notice period and is a lien on all the real
2 estate of the owner or owners of the unsafe building; the
3 lien is superior to all prior existing liens and
4 encumbrances, except taxes, if, within 180 days after the
5 repair, demolition, enclosure, or removal, the municipality,
6 the lien holder of record, or the intervenor who incurred the
7 cost and expense shall file a notice of lien for the cost and
8 expense incurred in the office of the recorder in the county
9 in which the real estate is located or in the office of the
10 registrar of titles of the county if the real estate affected
11 is registered under the Registered Titles (Torrens) Act.
12 The notice must consist of a sworn statement setting out
13 (1) a description of the real estate sufficient for its
14 identification, (2) the amount of money representing the cost
15 and expense incurred, and (3) the date or dates when the cost
16 and expense was incurred by the municipality, the lien holder
17 of record, or the intervenor. Upon payment of the cost and
18 expense by the owner of or persons interested in the property
19 after the notice of lien has been filed, the lien shall be
20 released by the municipality, the person in whose name the
21 lien has been filed, or the assignee of the lien, and the
22 release may be filed of record as in the case of filing
23 notice of lien. Unless the lien is enforced under subsection
24 (c), the lien may be enforced by foreclosure proceedings as
25 in the case of mortgage foreclosures under Article XV of the
26 Code of Civil Procedure or mechanics' lien foreclosures. An
27 action to foreclose this lien may be commenced at any time
28 after the date of filing of the notice of lien. The costs of
29 foreclosure incurred by the municipality, including court
30 costs, reasonable attorney's fees, advances to preserve the
31 property, and other costs related to the enforcement of this
32 subsection, plus statutory interest, are a lien on the real
33 estate and are recoverable by the municipality from the owner
34 or owners of the real estate.
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1 All liens arising under this subsection (a) shall be
2 assignable. The assignee of the lien shall have the same
3 power to enforce the lien as the assigning party, except that
4 the lien may not be enforced under subsection (c).
5 If the appropriate official of any municipality
6 determines that any dangerous and unsafe building or
7 uncompleted and abandoned building within its territory
8 fulfills the requirements for an action by the municipality
9 under the Abandoned Housing Rehabilitation Act, the
10 municipality may petition under that Act in a proceeding
11 brought under this subsection.
12 (b) Any owner or tenant of real property within 1200
13 feet in any direction of any dangerous or unsafe building
14 located within the territory of a municipality with a
15 population of 500,000 or more may file with the appropriate
16 municipal authority a request that the municipality apply to
17 the circuit court of the county in which the building is
18 located for an order permitting the demolition, removal of
19 garbage, debris, and other noxious or unhealthy substances
20 and materials from, or repair or enclosure of the building in
21 the manner prescribed in subsection (a) of this Section. If
22 the municipality fails to institute an action in circuit
23 court within 90 days after the filing of the request, the
24 owner or tenant of real property within 1200 feet in any
25 direction of the building may institute an action in circuit
26 court seeking an order compelling the owner or owners of
27 record to demolish, remove garbage, debris, and other noxious
28 or unhealthy substances and materials from, repair or enclose
29 or to cause to be demolished, have garbage, debris, and other
30 noxious or unhealthy substances and materials removed from,
31 repaired, or enclosed the building in question. A private
32 owner or tenant who institutes an action under the preceding
33 sentence shall not be required to pay any fee to the clerk of
34 the circuit court. The cost of repair, removal, demolition,
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1 or enclosure shall be borne by the owner or owners of record
2 of the building. In the event the owner or owners of record
3 fail to demolish, remove garbage, debris, and other noxious
4 or unhealthy substances and materials from, repair, or
5 enclose the building within 90 days of the date the court
6 entered its order, the owner or tenant who instituted the
7 action may request that the court join the municipality as a
8 party to the action. The court may order the municipality to
9 demolish, remove materials from, repair, or enclose the
10 building, or cause that action to be taken upon the request
11 of any owner or tenant who instituted the action or upon the
12 municipality's request. The municipality may file, and the
13 court may approve, a plan for rehabilitating the building in
14 question. A court order authorizing the municipality to
15 demolish, remove materials from, repair, or enclose a
16 building, or cause that action to be taken, shall not
17 preclude the court from adjudging the owner or owners of
18 record of the building in contempt of court due to the
19 failure to comply with the order to demolish, remove garbage,
20 debris, and other noxious or unhealthy substances and
21 materials from, repair, or enclose the building.
22 If a municipality or a person or persons other than the
23 owner or owners of record pay the cost of demolition, removal
24 of garbage, debris, and other noxious or unhealthy substances
25 and materials, repair, or enclosure pursuant to a court
26 order, the cost, including court costs, attorney's fees, and
27 other costs related to the enforcement of this subsection, is
28 recoverable from the owner or owners of the real estate and
29 is a lien on the real estate; the lien is superior to all
30 prior existing liens and encumbrances, except taxes, if,
31 within 180 days after the repair, removal, demolition, or
32 enclosure, the municipality or the person or persons who paid
33 the costs of demolition, removal, repair, or enclosure shall
34 file a notice of lien of the cost and expense incurred in the
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1 office of the recorder in the county in which the real estate
2 is located or in the office of the registrar of the county if
3 the real estate affected is registered under the Registered
4 Titles (Torrens) Act. The notice shall be in a form as is
5 provided in subsection (a). An owner or tenant who
6 institutes an action in circuit court seeking an order to
7 compel the owner or owners of record to demolish, remove
8 materials from, repair, or enclose any dangerous or unsafe
9 building, or to cause that action to be taken under this
10 subsection may recover court costs and reasonable attorney's
11 fees for instituting the action from the owner or owners of
12 record of the building. Upon payment of the costs and
13 expenses by the owner of or a person interested in the
14 property after the notice of lien has been filed, the lien
15 shall be released by the municipality or the person in whose
16 name the lien has been filed or his or her assignee, and the
17 release may be filed of record as in the case of filing a
18 notice of lien. Unless the lien is enforced under subsection
19 (c), the lien may be enforced by foreclosure proceedings as
20 in the case of mortgage foreclosures under Article XV of the
21 Code of Civil Procedure or mechanics' lien foreclosures. An
22 action to foreclose this lien may be commenced at any time
23 after the date of filing of the notice of lien. The costs of
24 foreclosure incurred by the municipality, including court
25 costs, reasonable attorneys' fees, advances to preserve the
26 property, and other costs related to the enforcement of this
27 subsection, plus statutory interest, are a lien on the real
28 estate and are recoverable by the municipality from the owner
29 or owners of the real estate.
30 All liens arising under the terms of this subsection (b)
31 shall be assignable. The assignee of the lien shall have the
32 same power to enforce the lien as the assigning party, except
33 that the lien may not be enforced under subsection (c).
34 (c) In any case where a municipality has obtained a lien
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1 under subsection (a), (b), or (f), the municipality may
2 enforce the lien under this subsection (c) in the same
3 proceeding in which the lien is authorized.
4 A municipality desiring to enforce a lien under this
5 subsection (c) shall petition the court to retain
6 jurisdiction for foreclosure proceedings under this
7 subsection. Notice of the petition shall be served, by
8 certified or registered mail, on all persons who were served
9 notice under subsection (a), (b), or (f). The court shall
10 conduct a hearing on the petition not less than 15 days after
11 the notice is served. If the court determines that the
12 requirements of this subsection (c) have been satisfied, it
13 shall grant the petition and retain jurisdiction over the
14 matter until the foreclosure proceeding is completed. The
15 costs of foreclosure incurred by the municipality, including
16 court costs, reasonable attorneys' fees, advances to preserve
17 the property, and other costs related to the enforcement of
18 this subsection, plus statutory interest, are a lien on the
19 real estate and are recoverable by the municipality from the
20 owner or owners of the real estate. If the court denies the
21 petition, the municipality may enforce the lien in a separate
22 action as provided in subsection (a), (b), or (f).
23 All persons designated in Section 15-1501 of the Code of
24 Civil Procedure as necessary parties in a mortgage
25 foreclosure action shall be joined as parties before issuance
26 of an order of foreclosure. Persons designated in Section
27 15-1501 of the Code of Civil Procedure as permissible parties
28 may also be joined as parties in the action.
29 The provisions of Article XV of the Code of Civil
30 Procedure applicable to mortgage foreclosures shall apply to
31 the foreclosure of a lien under this subsection (c), except
32 to the extent that those provisions are inconsistent with
33 this subsection. For purposes of foreclosures of liens
34 under this subsection, however, the redemption period
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1 described in subsection (b) of Section 15-1603 of the Code of
2 Civil Procedure shall end 60 days after the date of entry of
3 the order of foreclosure.
4 (d) In addition to any other remedy provided by law, the
5 corporate authorities of any municipality may petition the
6 circuit court to have property declared abandoned under this
7 subsection (d) if:
8 (1) the property has been tax delinquent for 2 or
9 more years or bills for water service for the property
10 have been outstanding for 2 or more years;
11 (2) the property is unoccupied by persons legally
12 in possession; and
13 (3) the property contains a dangerous or unsafe
14 building.
15 All persons having an interest of record in the property,
16 including tax purchasers and beneficial owners of any
17 Illinois land trust having title to the property, shall be
18 named as defendants in the petition and shall be served with
19 process. In addition, service shall be had under Section
20 2-206 of the Code of Civil Procedure as in other cases
21 affecting property.
22 The municipality, however, may proceed under this
23 subsection in a proceeding brought under subsection (a) or
24 (b). Notice of the petition shall be served by certified or
25 registered mail on all persons who were served notice under
26 subsection (a) or (b).
27 If the municipality proves that the conditions described
28 in this subsection exist and the owner of record of the
29 property does not enter an appearance in the action, or, if
30 title to the property is held by an Illinois land trust, if
31 neither the owner of record nor the owner of the beneficial
32 interest of the trust enters an appearance, the court shall
33 declare the property abandoned.
34 If that determination is made, notice shall be sent by
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1 certified or registered mail to all persons having an
2 interest of record in the property, including tax purchasers
3 and beneficial owners of any Illinois land trust having title
4 to the property, stating that title to the property will be
5 transferred to the municipality unless, within 30 days of the
6 notice, the owner of record enters an appearance in the
7 action, or unless any other person having an interest in the
8 property files with the court a request to demolish the
9 dangerous or unsafe building or to put the building in safe
10 condition.
11 If the owner of record enters an appearance in the action
12 within the 30 day period, the court shall vacate its order
13 declaring the property abandoned. In that case, the
14 municipality may amend its complaint in order to initiate
15 proceedings under subsection (a).
16 If a request to demolish or repair the building is filed
17 within the 30 day period, the court shall grant permission to
18 the requesting party to demolish the building within 30 days
19 or to restore the building to safe condition within 60 days
20 after the request is granted. An extension of that period
21 for up to 60 additional days may be given for good cause. If
22 more than one person with an interest in the property files a
23 timely request, preference shall be given to the person with
24 the lien or other interest of the highest priority.
25 If the requesting party proves to the court that the
26 building has been demolished or put in a safe condition
27 within the period of time granted by the court, the court
28 shall issue a quitclaim judicial deed for the property to the
29 requesting party, conveying only the interest of the owner of
30 record, upon proof of payment to the municipality of all
31 costs incurred by the municipality in connection with the
32 action, including but not limited to court costs, attorney's
33 fees, administrative costs, the costs, if any, associated
34 with building enclosure or removal, and receiver's
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1 certificates. The interest in the property so conveyed shall
2 be subject to all liens and encumbrances on the property. In
3 addition, if the interest is conveyed to a person holding a
4 certificate of purchase for the property under the Property
5 Tax Code, the conveyance shall be subject to the rights of
6 redemption of all persons entitled to redeem under that Act,
7 including the original owner of record.
8 If no person with an interest in the property files a
9 timely request or if the requesting party fails to demolish
10 the building or put the building in safe condition within the
11 time specified by the court, the municipality may petition
12 the court to issue a judicial deed for the property to the
13 municipality. A conveyance by judicial deed shall operate to
14 extinguish all existing ownership interests in, liens on, and
15 other interest in the property, including tax liens.
16 (e) Each municipality may use the provisions of this
17 subsection to expedite the removal of certain buildings that
18 are a continuing hazard to the community in which they are
19 located.
20 If a residential or commercial building is 3 stories or
21 less in height as defined by the municipality's building
22 code, and the corporate official designated to be in charge
23 of enforcing the municipality's building code determines that
24 the building is open and vacant and an immediate and
25 continuing hazard to the community in which the building is
26 located, then the official shall be authorized to post a
27 notice not less than 2 feet by 2 feet in size on the front of
28 the building. The notice shall be dated as of the date of
29 the posting and shall state that unless the building is
30 demolished, repaired, or enclosed, and unless any garbage,
31 debris, and other hazardous, noxious, or unhealthy substances
32 or materials are removed so that an immediate and continuing
33 hazard to the community no longer exists, then the building
34 may be demolished, repaired, or enclosed, or any garbage,
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1 debris, and other hazardous, noxious, or unhealthy substances
2 or materials may be removed, by the municipality.
3 Not later than 30 days following the posting of the
4 notice, the municipality shall do both of the following:
5 (1) Cause to be sent, by certified mail, return
6 receipt requested, a notice to all owners of record of
7 the property, the beneficial owners of any Illinois land
8 trust having title to the property, and all lienholders
9 of record in the property, stating the intent of the
10 municipality to demolish, repair, or enclose the building
11 or remove any garbage, debris, or other hazardous,
12 noxious, or unhealthy substances or materials if that
13 action is not taken by the owner or owners.
14 (2) Cause to be published, in a newspaper published
15 or circulated in the municipality where the building is
16 located, a notice setting forth (i) the permanent tax
17 index number and the address of the building, (ii) a
18 statement that the property is open and vacant and
19 constitutes an immediate and continuing hazard to the
20 community, and (iii) a statement that the municipality
21 intends to demolish, repair, or enclose the building or
22 remove any garbage, debris, or other hazardous, noxious,
23 or unhealthy substances or materials if the owner or
24 owners or lienholders of record fail to do so. This
25 notice shall be published for 3 consecutive days.
26 A person objecting to the proposed actions of the
27 corporate authorities may file his or her objection in an
28 appropriate form in a court of competent jurisdiction.
29 If the building is not demolished, repaired, or enclosed,
30 or the garbage, debris, or other hazardous, noxious, or
31 unhealthy substances or materials are not removed, within 30
32 days of mailing the notice to the owners of record, the
33 beneficial owners of any Illinois land trust having title to
34 the property, and all lienholders of record in the property,
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1 or within 30 days of the last day of publication of the
2 notice, whichever is later, the corporate authorities shall
3 have the power to demolish, repair, or enclose the building
4 or to remove any garbage, debris, or other hazardous,
5 noxious, or unhealthy substances or materials.
6 The municipality may proceed to demolish, repair, or
7 enclose a building or remove any garbage, debris, or other
8 hazardous, noxious, or unhealthy substances or materials
9 under this subsection within a 120-day period following the
10 date of the mailing of the notice if the appropriate official
11 determines that the demolition, repair, enclosure, or removal
12 of any garbage, debris, or other hazardous, noxious, or
13 unhealthy substances or materials is necessary to remedy the
14 immediate and continuing hazard. If, however, before the
15 municipality proceeds with any of the actions authorized by
16 this subsection, any person has sought a hearing under this
17 subsection before a court and has served a copy of the
18 complaint on the chief executive officer of the municipality,
19 then the municipality shall not proceed with the demolition,
20 repair, enclosure, or removal of garbage, debris, or other
21 substances until the court determines that that action is
22 necessary to remedy the hazard and issues an order
23 authorizing the municipality to do so.
24 Following the demolition, repair, or enclosure of a
25 building, or the removal of garbage, debris, or other
26 hazardous, noxious, or unhealthy substances or materials
27 under this subsection, the municipality may file a notice of
28 lien against the real estate for the cost of the demolition,
29 repair, enclosure, or removal within 180 days after the
30 repair, demolition, enclosure, or removal occurred, for the
31 cost and expense incurred, in the office of the recorder in
32 the county in which the real estate is located or in the
33 office of the registrar of titles of the county if the real
34 estate affected is registered under the Registered Titles
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1 (Torrens) Act. The notice of lien shall consist of a sworn
2 statement setting forth (i) a description of the real estate,
3 such as the address or other description of the property,
4 sufficient for its identification; (ii) the expenses incurred
5 by the municipality in undertaking the remedial actions
6 authorized under this subsection; (iii) the date or dates the
7 expenses were incurred by the municipality; (iv) a statement
8 by the corporate official responsible for enforcing the
9 building code that the building was open and vacant and
10 constituted an immediate and continuing hazard to the
11 community; (v) a statement by the corporate official that the
12 required sign was posted on the building, that notice was
13 sent by certified mail to the owners of record, and that
14 notice was published in accordance with this subsection; and
15 (vi) a statement as to when and where the notice was
16 published. The lien authorized by this subsection may
17 thereafter be released or enforced by the municipality as
18 provided in subsection (a).
19 (f) The corporate authorities of each municipality may
20 remove or cause the removal of, or otherwise environmentally
21 remediate hazardous substances on, in, or under any abandoned
22 and unsafe property within the territory of a municipality.
23 In addition, where preliminary evidence indicates the
24 presence or likely presence of a hazardous substance or a
25 release or a substantial threat of a release of a hazardous
26 substance on, in, or under the property, the corporate
27 authorities of the municipality may inspect the property and
28 test for the presence or release of hazardous substances. In
29 any county having adopted by referendum or otherwise a county
30 health department as provided by Division 5-25 of the
31 Counties Code or its predecessor, the county board of that
32 county may exercise the above-described powers with regard to
33 property within the territory of any city, village, or
34 incorporated town having less than 50,000 population.
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1 For purposes of this subsection (f):
2 (1) "property" or "real estate" means all real
3 property, whether or not improved by a structure;
4 (2) "abandoned" means;
5 (A) the property has been tax delinquent for 2
6 or more years;
7 (B) the property is unoccupied by persons
8 legally in possession; and
9 (3) "unsafe" means property that presents an actual
10 or imminent threat to public health and safety caused by
11 the release of hazardous substances; and
12 (4) "hazardous substances" means the same as in
13 Section 3.14 of 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 authorizing the corporate authorities to
19 take action with respect to remediation of the property if
20 conditions on the property, based on the inspection and
21 testing authorized in paragraph (i), indicate the presence of
22 hazardous substances. Remediation shall be deemed complete
23 for purposes of paragraph (ii) above when the property
24 satisfies Tier I, II, or III remediation objectives for the
25 property's most recent usage, as established by the
26 Environmental Protection Act, and the rules and regulations
27 promulgated thereunder. Where, upon diligent search, the
28 identity or whereabouts of the owner or owners of the
29 property, including the lien holders of record, is not
30 ascertainable, notice mailed to the person or persons in
31 whose name the real estate was last assessed is sufficient
32 notice under this Section.
33 The court shall grant an order authorizing testing under
34 paragraph (i) above upon a showing of preliminary evidence
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1 indicating the presence or likely presence of a hazardous
2 substance or a release of or a substantial threat of a
3 release of a hazardous substance on, in, or under abandoned
4 property. The preliminary evidence may include, but is not
5 limited to, evidence of prior use, visual site inspection, or
6 records of prior environmental investigations. The testing
7 authorized by paragraph (i) above shall include any type of
8 investigation which is necessary for an environmental
9 professional to determine the environmental condition of the
10 property, including but not limited to performance of soil
11 borings and groundwater monitoring. The court shall grant a
12 remediation order under paragraph (ii) above where testing of
13 the property indicates that it fails to meet the applicable
14 remediation objectives. The hearing upon the application to
15 the circuit court shall be expedited by the court and shall
16 be given precedence over all other suits.
17 The cost of the inspection, testing, or remediation
18 incurred by the municipality or by a lien holder of record,
19 including court costs, attorney's fees, and other costs
20 related to the enforcement of this Section, is a lien on the
21 real estate; except that in any instances where a
22 municipality incurs costs of inspection and testing but finds
23 no hazardous substances on the property that present an
24 actual or imminent threat to public health and safety, such
25 costs are not recoverable from the owners nor are such costs
26 a lien on the real estate. The lien is superior to all prior
27 existing liens and encumbrances, except taxes and any lien
28 obtained under subsection (a) or (e), if, within 180 days
29 after the completion of the inspection, testing, or
30 remediation, the municipality or the lien holder of record
31 who incurred the cost and expense shall file a notice of lien
32 for the cost and expense incurred in the office of the
33 recorder in the county in which the real estate is located or
34 in the office of the registrar of titles of the county if the
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1 real estate affected is registered under the Registered
2 Titles (Torrens) Act.
3 The notice must consist of a sworn statement setting out
4 (i) a description of the real estate sufficient for its
5 identification, (ii) the amount of money representing the
6 cost and expense incurred, and (iii) the date or dates when
7 the cost and expense was incurred by the municipality or the
8 lien holder of record. Upon payment of the lien amount by
9 the owner of or persons interested in the property after the
10 notice of lien has been filed, a release of lien shall be
11 issued by the municipality, the person in whose name the lien
12 has been filed, or the assignee of the lien, and the release
13 may be filed of record as in the case of filing notice of
14 lien.
15 The lien may be enforced under subsection (c) or by
16 foreclosure proceedings as in the case of mortgage
17 foreclosures under Article XV of the Code of Civil Procedure
18 or mechanics' lien foreclosures; provided that where the lien
19 is enforced by foreclosure under subsection (c) or under
20 either statute, the municipality may not proceed against the
21 other assets of the owner or owners of the real estate for
22 any costs that otherwise would be recoverable under this
23 Section but that remain unsatisfied after foreclosure except
24 where such additional recovery is authorized by separate
25 environmental laws. An action to foreclose this lien may be
26 commenced at any time after the date of filing of the notice
27 of lien. The costs of foreclosure incurred by the
28 municipality, including court costs, reasonable attorney's
29 fees, advances to preserve the property, and other costs
30 related to the enforcement of this subsection, plus statutory
31 interest, are a lien on the real estate.
32 All liens arising under this subsection (f) shall be
33 assignable. The assignee of the lien shall have the same
34 power to enforce the lien as the assigning party, except that
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1 the lien may not be enforced under subsection (c).
2 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
3 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)