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92_HB0027enr HB0027 Enrolled LRB9200661MWpk 1 AN ACT concerning local government. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Sections 5-1121 and 5-12017 as follows: 6 (55 ILCS 5/5-1121) 7 Sec. 5-1121. Demolition, repair, or enclosure. 8 (a) The county board of each county may demolish, 9 repair, or enclose or cause the demolition, repair, or 10 enclosure of dangerous and unsafe buildings or uncompleted 11 and abandoned buildings within the territory of the county, 12 but outside the territory of any municipality, and may remove 13 or cause the removal of garbage, debris, and other hazardous, 14 noxious, or unhealthy substances or materials from those 15 buildings. If a township within the county makes a formal 16 request to the county board as provided in Section 85-50 of 17 the Township Code that the county board commence specified 18 proceedings under this Section with respect to property 19 located within the township but outside the territory of any 20 municipality, then, at the next regular county board meeting 21 occurring at least 10 days after the formal request is made 22 to the county board, the county board shall either commence 23 the requested proceedings or decline to do so (either 24 formally or by failing to act on the request) and shall 25 notify the township board making the request of the county 26 board's decision. In any county having adopted, by referendum 27 or otherwise, a county health department as provided by 28 Division 5-25 of the Counties Code or its predecessor, the 29 county board of any such county may upon a formal request by 30 the city, village, or incorporated town demolish, repair or 31 cause the demolition or repair of dangerous and unsafe HB0027 Enrolled -2- LRB9200661MWpk 1 buildings or uncompleted and abandoned buildings within the 2 territory of any city, village, or incorporated town having a 3 population of less than 50,000. 4 The county board shall apply to the circuit court of the 5 county in which the building is located (i) for an order 6 authorizing action to be taken with respect to a building if 7 the owner or owners of the building, including the lien 8 holders of record, after at least 15 days' written notice by 9 mail to do so, have failed to commence proceedings to put the 10 building in a safe condition or to demolish it or (ii) for an 11 order requiring the owner or owners of record to demolish, 12 repair, or enclose the building or to remove garbage, debris, 13 and other hazardous, noxious, or unhealthy substances or 14 materials from the building. It is not a defense to the 15 cause of action that the building is boarded up or otherwise 16 enclosed, although the court may order the defendant to have 17 the building boarded up or otherwise enclosed. Where, upon 18 diligent search, the identity or whereabouts of the owner or 19 owners of the building, including the lien holders of record, 20 is not ascertainable, notice mailed to the person or persons 21 in whose name the real estate was last assessed and the 22 posting of such notice upon the premises sought to be 23 demolished or repaired is sufficient notice under this 24 Section. 25 The hearing upon the application to the circuit court 26 shall be expedited by the court and shall be given precedence 27 over all other suits. 28 The cost of the demolition, repair, enclosure, or removal 29 incurred by the county, by an intervenor, or by a lien holder 30 of record, including court costs, attorney's fees, and other 31 costs related to the enforcement of this Section, is 32 recoverable from the owner or owners of the real estate or 33 the previous owner or both if the property was transferred 34 during the 15 day notice period and is a lien on the real HB0027 Enrolled -3- LRB9200661MWpk 1 estate; the lien is superior to all prior existing liens and 2 encumbrances, except taxes, if, within 180 days after the 3 repair, demolition, enclosure, or removal, the county, the 4 lien holder of record, or the intervenor who incurred the 5 cost and expense shall file a notice of lien for the cost and 6 expense incurred in the office of the recorder in the county 7 in which the real estate is located or in the office of the 8 registrar of titles of the county if the real estate affected 9 is registered under the Registered Titles (Torrens) Act. 10 The notice must consist of a sworn statement setting out 11 (1) a description of the real estate sufficient for its 12 identification, (2) the amount of money representing the cost 13 and expense incurred, and (3) the date or dates when the cost 14 and expense was incurred by the county, the lien holder of 15 record, or the intervenor. Upon payment of the cost and 16 expense by the owner of or persons interested in the property 17 after the notice of lien has been filed, the lien shall be 18 released by the county, the person in whose name the lien has 19 been filed, or the assignee of the lien, and the release may 20 be filed of record as in the case of filing notice of lien. 21 Unless the lien is enforced under subsection (b), the lien 22 may be enforced by foreclosure proceedings as in the case of 23 mortgage foreclosures under Article XV of the Code of Civil 24 Procedure or mechanics' lien foreclosures. An action to 25 foreclose this lien may be commenced at any time after the 26 date of filing of the notice of lien. The costs of 27 foreclosure incurred by the county, including court costs, 28 reasonable attorney's fees, advances to preserve the 29 property, and other costs related to the enforcement of this 30 subsection, plus statutory interest, are a lien on the real 31 estate and are recoverable by the county from the owner or 32 owners of the real estate. 33 All liens arising under this subsection (a) shall be 34 assignable. The assignee of the lien shall have the same HB0027 Enrolled -4- LRB9200661MWpk 1 power to enforce the lien as the assigning party, except that 2 the lien may not be enforced under subsection (b). 3 If the appropriate official of any county determines that 4 any dangerous and unsafe building or uncompleted and 5 abandoned building within its territory fulfills the 6 requirements for an action by the county under the Abandoned 7 Housing Rehabilitation Act, the county may petition under 8 that Act in a proceeding brought under this subsection. 9 (b) In any case where a county has obtained a lien under 10 subsection (a), the county may enforce the lien under this 11 subsection (b) in the same proceeding in which the lien is 12 authorized. 13 A county desiring to enforce a lien under this subsection 14 (b) shall petition the court to retain jurisdiction for 15 foreclosure proceedings under this subsection. Notice of the 16 petition shall be served, by certified or registered mail, on 17 all persons who were served notice under subsection (a). The 18 court shall conduct a hearing on the petition not less than 19 15 days after the notice is served. If the court determines 20 that the requirements of this subsection (b) have been 21 satisfied, it shall grant the petition and retain 22 jurisdiction over the matter until the foreclosure proceeding 23 is completed. The costs of foreclosure incurred by the 24 county, including court costs, reasonable attorneys' fees, 25 advances to preserve the property, and other costs related to 26 the enforcement of this subsection, plus statutory interest, 27 are a lien on the real estate and are recoverable by the 28 county from the owner or owners of the real estate. If the 29 court denies the petition, the county may enforce the lien in 30 a separate action as provided in subsection (a). 31 All persons designated in Section 15-1501 of the Code of 32 Civil Procedure as necessary parties in a mortgage 33 foreclosure action shall be joined as parties before issuance 34 of an order of foreclosure. Persons designated in Section HB0027 Enrolled -5- LRB9200661MWpk 1 15-1501 of the Code of Civil Procedure as permissible parties 2 may also be joined as parties in the action. 3 The provisions of Article XV of the Code of Civil 4 Procedure applicable to mortgage foreclosures shall apply to 5 the foreclosure of a lien under this subsection (b), except 6 to the extent that those provisions are inconsistent with 7 this subsection. For purposes of foreclosures of liens 8 under this subsection, however, the redemption period 9 described in subsection (b) of Section 15-1603 of the Code of 10 Civil Procedure shall end 60 days after the date of entry of 11 the order of foreclosure. 12 (c) In addition to any other remedy provided by law, the 13 county board of any county may petition the circuit court to 14 have property declared abandoned under this subsection (c) 15 if: 16 (1) the property has been tax delinquent for 2 or 17 more years or bills for water service for the property 18 have been outstanding for 2 or more years; 19 (2) the property is unoccupied by persons legally 20 in possession; and 21 (3) the property contains a dangerous or unsafe 22 building. 23 All persons having an interest of record in the property, 24 including tax purchasers and beneficial owners of any 25 Illinois land trust having title to the property, shall be 26 named as defendants in the petition and shall be served with 27 process. In addition, service shall be had under Section 28 2-206 of the Code of Civil Procedure as in other cases 29 affecting property. 30 The county, however, may proceed under this subsection in 31 a proceeding brought under subsection (a). Notice of the 32 petition shall be served by certified or registered mail on 33 all persons who were served notice under subsection (a). 34 If the county proves that the conditions described in HB0027 Enrolled -6- LRB9200661MWpk 1 this subsection exist and the owner of record of the property 2 does not enter an appearance in the action, or, if title to 3 the property is held by an Illinois land trust, if neither 4 the owner of record nor the owner of the beneficial interest 5 of the trust enters an appearance, the court shall declare 6 the property abandoned. 7 If that determination is made, notice shall be sent by 8 certified or registered mail to all persons having an 9 interest of record in the property, including tax purchasers 10 and beneficial owners of any Illinois land trust having title 11 to the property, stating that title to the property will be 12 transferred to the county unless, within 30 days of the 13 notice, the owner of record enters an appearance in the 14 action, or unless any other person having an interest in the 15 property files with the court a request to demolish the 16 dangerous or unsafe building or to put the building in safe 17 condition. 18 If the owner of record enters an appearance in the action 19 within the 30 day period, the court shall vacate its order 20 declaring the property abandoned. In that case, the county 21 may amend its complaint in order to initiate proceedings 22 under subsection (a). 23 If a request to demolish or repair the building is filed 24 within the 30 day period, the court shall grant permission to 25 the requesting party to demolish the building within 30 days 26 or to restore the building to safe condition within 60 days 27 after the request is granted. An extension of that period 28 for up to 60 additional days may be given for good cause. If 29 more than one person with an interest in the property files a 30 timely request, preference shall be given to the person with 31 the lien or other interest of the highest priority. 32 If the requesting party proves to the court that the 33 building has been demolished or put in a safe condition 34 within the period of time granted by the court, the court HB0027 Enrolled -7- LRB9200661MWpk 1 shall issue a quitclaim judicial deed for the property to the 2 requesting party, conveying only the interest of the owner of 3 record, upon proof of payment to the county of all costs 4 incurred by the county in connection with the action, 5 including but not limited to court costs, attorney's fees, 6 administrative costs, the costs, if any, associated with 7 building enclosure or removal, and receiver's certificates. 8 The interest in the property so conveyed shall be subject to 9 all liens and encumbrances on the property. In addition, if 10 the interest is conveyed to a person holding a certificate of 11 purchase for the property under the Property Tax Code, the 12 conveyance shall be subject to the rights of redemption of 13 all persons entitled to redeem under that Act, including the 14 original owner of record. 15 If no person with an interest in the property files a 16 timely request or if the requesting party fails to demolish 17 the building or put the building in safe condition within the 18 time specified by the court, the county may petition the 19 court to issue a judicial deed for the property to the 20 county. A conveyance by judicial deed shall operate to 21 extinguish all existing ownership interests in, liens on, and 22 other interest in the property, including tax liens. 23 (d) Each county may use the provisions of this 24 subsection to expedite the removal of certain buildings that 25 are a continuing hazard to the community in which they are 26 located. 27 If a residential building is 2 stories or less in height 28 as defined by the county's building code, and the official 29 designated to be in charge of enforcing the county's building 30 code determines that the building is open and vacant and an 31 immediate and continuing hazard to the community in which the 32 building is located, then the official shall be authorized to 33 post a notice not less than 2 feet by 2 feet in size on the 34 front of the building. The notice shall be dated as of the HB0027 Enrolled -8- LRB9200661MWpk 1 date of the posting and shall state that unless the building 2 is demolished, repaired, or enclosed, and unless any garbage, 3 debris, and other hazardous, noxious, or unhealthy substances 4 or materials are removed so that an immediate and continuing 5 hazard to the community no longer exists, then the building 6 may be demolished, repaired, or enclosed, or any garbage, 7 debris, and other hazardous, noxious, or unhealthy substances 8 or materials may be removed, by the county. 9 Not later than 30 days following the posting of the 10 notice, the county shall do both of the following: 11 (1) Cause to be sent, by certified mail, return 12 receipt requested, a notice to all owners of record of 13 the property, the beneficial owners of any Illinois land 14 trust having title to the property, and all lienholders 15 of record in the property, stating the intent of the 16 county to demolish, repair, or enclose the building or 17 remove any garbage, debris, or other hazardous, noxious, 18 or unhealthy substances or materials if that action is 19 not taken by the owner or owners. 20 (2) Cause to be published, in a newspaper published 21 or circulated in the county where the building is 22 located, a notice setting forth (i) the permanent tax 23 index number and the address of the building, (ii) a 24 statement that the property is open and vacant and 25 constitutes an immediate and continuing hazard to the 26 community, and (iii) a statement that the county intends 27 to demolish, repair, or enclose the building or remove 28 any garbage, debris, or other hazardous, noxious, or 29 unhealthy substances or materials if the owner or owners 30 or lienholders of record fail to do so. This notice 31 shall be published for 3 consecutive days. 32 A person objecting to the proposed actions of the county 33 board may file his or her objection in an appropriate form in 34 a court of competent jurisdiction. HB0027 Enrolled -9- LRB9200661MWpk 1 If the building is not demolished, repaired, or enclosed, 2 or the garbage, debris, or other hazardous, noxious, or 3 unhealthy substances or materials are not removed, within 30 4 days of mailing the notice to the owners of record, the 5 beneficial owners of any Illinois land trust having title to 6 the property, and all lienholders of record in the property, 7 or within 30 days of the last day of publication of the 8 notice, whichever is later, the county board shall have the 9 power to demolish, repair, or enclose the building or to 10 remove any garbage, debris, or other hazardous, noxious, or 11 unhealthy substances or materials. 12 The county may proceed to demolish, repair, or enclose a 13 building or remove any garbage, debris, or other hazardous, 14 noxious, or unhealthy substances or materials under this 15 subsection within a 120-day period following the date of the 16 mailing of the notice if the appropriate official determines 17 that the demolition, repair, enclosure, or removal of any 18 garbage, debris, or other hazardous, noxious, or unhealthy 19 substances or materials is necessary to remedy the immediate 20 and continuing hazard. If, however, before the county 21 proceeds with any of the actions authorized by this 22 subsection, any person has sought a hearing under this 23 subsection before a court and has served a copy of the 24 complaint on the chief executive officer of the county, then 25 the county shall not proceed with the demolition, repair, 26 enclosure, or removal of garbage, debris, or other substances 27 until the court determines that that action is necessary to 28 remedy the hazard and issues an order authorizing the county 29 to do so. 30 Following the demolition, repair, or enclosure of a 31 building, or the removal of garbage, debris, or other 32 hazardous, noxious, or unhealthy substances or materials 33 under this subsection, the county may file a notice of lien 34 against the real estate for the cost of the demolition, HB0027 Enrolled -10- LRB9200661MWpk 1 repair, enclosure, or removal within 180 days after the 2 repair, demolition, enclosure, or removal occurred, for the 3 cost and expense incurred, in the office of the recorder in 4 the county in which the real estate is located or in the 5 office of the registrar of titles of the county if the real 6 estate affected is registered under the Registered Titles 7 (Torrens) Act. The notice of lien shall consist of a sworn 8 statement setting forth (i) a description of the real estate, 9 such as the address or other description of the property, 10 sufficient for its identification; (ii) the expenses incurred 11 by the county in undertaking the remedial actions authorized 12 under this subsection; (iii) the date or dates the expenses 13 were incurred by the county; (iv) a statement by the official 14 responsible for enforcing the building code that the building 15 was open and vacant and constituted an immediate and 16 continuing hazard to the community; (v) a statement by the 17 official that the required sign was posted on the building, 18 that notice was sent by certified mail to the owners of 19 record, and that notice was published in accordance with this 20 subsection; and (vi) a statement as to when and where the 21 notice was published. The lien authorized by this subsection 22 may thereafter be released or enforced by the county as 23 provided in subsection (a). 24 (e) In any case where a county has obtained a lien under 25 subsection (a), the county may also bring an action for a 26 money judgment against the owner or owners of the real estate 27 in the amount of the lien in the same manner as provided for 28 bringing causes of action in Article II of the Code of Civil 29 Procedure and, upon obtaining a judgment, file a judgment 30 lien against all of the real estate of the owner or owners 31 and enforce that lien as provided for in Article XII of the 32 Code of Civil Procedure. 33 (Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97; 34 91-533, eff. 8-13-99; 91-561, eff. 1-1-00.) HB0027 Enrolled -11- LRB9200661MWpk 1 (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017) 2 Sec. 5-12017. Violations. In case any building or 3 structure is erected, constructed, reconstructed, altered, 4 repaired, converted or maintained or any building, structure 5 or land is used in violation of this Division or of any 6 ordinance, resolution or other regulation made under 7 authority conferred thereby, the proper authorities of the 8 county or of the township in which the building, structure, 9 or land is located, or any person the value or use of whose 10 property is or may be affected by such violation, in addition 11 to other remedies, may institute any appropriate action or 12 proceedings in the circuit court to prevent such unlawful 13 erection, construction, reconstruction, alteration, repair, 14 conversion, maintenance or use, to restrain, correct, or 15 abate such violation, to prevent the occupancy of said 16 building, structure or land or to prevent any illegal act, 17 conduct, business, or use in or about such premises. 18 Any person who violates the terms of any ordinance 19 adopted under the authority of this Division shall be guilty 20 of a petty offense punishable by a fine not to exceed $500, 21 with each week the violation remains uncorrected constituting 22 a separate offense. 23 (Source: P.A. 86-962.) 24 Section 10. The Township Code is amended by adding 25 Section 85-50 as follows: 26 (60 ILCS 1/85-50 new) 27 Sec. 85-50. Demolition, repair, or enclosure of 28 buildings. 29 (a) The township board of any township may formally 30 request the county board to commence specified proceedings 31 with respect to property located within the township but 32 outside the territory of any municipality as provided in HB0027 Enrolled -12- LRB9200661MWpk 1 Section 5-1121 of the Counties Code. If the county board 2 declines the request as provided in Section 5-1121 of the 3 Counties Code, the township may exercise its powers under 4 this Section. 5 (b) The township board of each township may demolish, 6 repair, or enclose or cause the demolition, repair, or 7 enclosure of dangerous and unsafe buildings or uncompleted 8 and abandoned buildings within the territory of the township 9 and may remove or cause the removal of garbage, debris, and 10 other hazardous, noxious, or unhealthy substances or 11 materials from those buildings. 12 The township board shall apply to the circuit court of 13 the county in which the building is located (i) for an order 14 authorizing action to be taken with respect to a building if 15 the owner or owners of the building, including the lien 16 holders of record, after at least 15 days' written notice by 17 mail to do so, have failed to commence proceedings to put the 18 building in a safe condition or to demolish it or (ii) for an 19 order requiring the owner or owners of record to demolish, 20 repair, or enclose the building or to remove garbage, debris, 21 and other hazardous, noxious, or unhealthy substances or 22 materials from the building. It is not a defense to the 23 cause of action that the building is boarded up or otherwise 24 enclosed, although the court may order the defendant to have 25 the building boarded up or otherwise enclosed. Where, upon 26 diligent search, the identity or whereabouts of the owner or 27 owners of the building, including the lien holders of record, 28 is not ascertainable, notice mailed to the person or persons 29 in whose name the real estate was last assessed and the 30 posting of the notice upon the premises sought to be 31 demolished or repaired is sufficient notice under this 32 Section. 33 The hearing upon the application to the circuit court 34 shall be expedited by the court and shall be given precedence HB0027 Enrolled -13- LRB9200661MWpk 1 over all other suits. 2 The cost of the demolition, repair, enclosure, or removal 3 incurred by the township, by an intervenor, or by a lien 4 holder of record, including court costs, attorney's fees, and 5 other costs related to the enforcement of this Section, is 6 recoverable from the owner or owners of the real estate or 7 the previous owner or both if the property was transferred 8 during the 15-day notice period and is a lien on the real 9 estate if, within 180 days after the repair, demolition, 10 enclosure, or removal, the township, the lien holder of 11 record, or the intervenor who incurred the cost and expense 12 shall file a notice of lien for the cost and expense incurred 13 in the office of the recorder in the county in which the real 14 estate is located or in the office of the registrar of titles 15 of the county if the real estate affected is registered under 16 the Registered Titles (Torrens) Act. The lien becomes 17 effective at the time of filing. 18 The notice must consist of a sworn statement setting out 19 (1) a description of the real estate sufficient for its 20 identification, (2) the amount of money representing the cost 21 and expense incurred, and (3) the date or dates when the cost 22 and expense was incurred by the township, the lien holder of 23 record, or the intervenor. Upon payment of the cost and 24 expense by the owner of or persons interested in the property 25 after the notice of lien has been filed, the lien shall be 26 released by the township, the person in whose name the lien 27 has been filed, or the assignee of the lien, and the release 28 may be filed of record as in the case of filing notice of 29 lien. Unless the lien is enforced under subsection (c), the 30 lien may be enforced by foreclosure proceedings as in the 31 case of mortgage foreclosures under Article XV of the Code of 32 Civil Procedure or mechanics' lien foreclosures. An action to 33 foreclose this lien may be commenced at any time after the 34 date of filing of the notice of lien. The costs of HB0027 Enrolled -14- LRB9200661MWpk 1 foreclosure incurred by the township, including court costs, 2 reasonable attorney's fees, advances to preserve the 3 property, and other costs related to the enforcement of this 4 subsection, plus statutory interest, are a lien on the real 5 estate and are recoverable by the township from the owner or 6 owners of the real estate. 7 All liens arising under this subsection (b) shall be 8 assignable. The assignee of the lien shall have the same 9 power to enforce the lien as the assigning party, except that 10 the lien may not be enforced under subsection (c). 11 (c) In any case where a township has obtained a lien 12 under subsection (b), the township may enforce the lien under 13 this subsection (c) in the same proceeding in which the lien 14 is authorized. 15 A township desiring to enforce a lien under this 16 subsection (c) shall petition the court to retain 17 jurisdiction for foreclosure proceedings under this 18 subsection. Notice of the petition shall be served, by 19 certified or registered mail, on all persons who were served 20 notice under subsection (b). The court shall conduct a 21 hearing on the petition not less than 15 days after the 22 notice is served. If the court determines that the 23 requirements of this subsection (c) have been satisfied, it 24 shall grant the petition and retain jurisdiction over the 25 matter until the foreclosure proceeding is completed. The 26 costs of foreclosure incurred by the township, including 27 court costs, reasonable attorneys' fees, advances to preserve 28 the property, and other costs related to the enforcement of 29 this subsection, plus statutory interest, are a lien on the 30 real estate and are recoverable by the township from the 31 owner or owners of the real estate. If the court denies the 32 petition, the township may enforce the lien in a separate 33 action as provided in subsection (b). 34 All persons designated in Section 15-1501 of the Code of HB0027 Enrolled -15- LRB9200661MWpk 1 Civil Procedure as necessary parties in a mortgage 2 foreclosure action shall be joined as parties before issuance 3 of an order of foreclosure. Persons designated in Section 4 15-1501 of the Code of Civil Procedure as permissible parties 5 may also be joined as parties in the action. 6 The provisions of Article XV of the Code of Civil 7 Procedure applicable to mortgage foreclosures shall apply to 8 the foreclosure of a lien under this subsection (c), except 9 to the extent that those provisions are inconsistent with 10 this subsection. For purposes of foreclosures of liens 11 under this subsection, however, the redemption period 12 described in subsection (c) of Section 15-1603 of the Code of 13 Civil Procedure shall end 60 days after the date of entry of 14 the order of foreclosure. 15 (d) In addition to any other remedy provided by law, the 16 township board of any township may petition the circuit court 17 to have property declared abandoned under this subsection (d) 18 if: 19 (1) the property has been tax delinquent for 2 or 20 more years or bills for water service for the property 21 have been outstanding for 2 or more years; 22 (2) the property is unoccupied by persons legally 23 in possession; and 24 (3) the property contains a dangerous or unsafe 25 building. 26 All persons having an interest of record in the property, 27 including tax purchasers and beneficial owners of any 28 Illinois land trust having title to the property, shall be 29 named as defendants in the petition and shall be served with 30 process. In addition, service shall be had under Section 31 2-206 of the Code of Civil Procedure as in other cases 32 affecting property. 33 The township, however, may proceed under this subsection 34 in a proceeding brought under subsection (b). Notice of the HB0027 Enrolled -16- LRB9200661MWpk 1 petition shall be served by certified or registered mail on 2 all persons who were served notice under subsection (b). 3 If the township proves that the conditions described in 4 this subsection exist and the owner of record of the property 5 does not enter an appearance in the action, or, if title to 6 the property is held by an Illinois land trust, if neither 7 the owner of record nor the owner of the beneficial interest 8 of the trust enters an appearance, the court shall declare 9 the property abandoned. 10 If that determination is made, notice shall be sent by 11 certified or registered mail to all persons having an 12 interest of record in the property, including tax purchasers 13 and beneficial owners of any Illinois land trust having title 14 to the property, stating that title to the property will be 15 transferred to the township unless, within 30 days of the 16 notice, the owner of record enters an appearance in the 17 action, or unless any other person having an interest in the 18 property files with the court a request to demolish the 19 dangerous or unsafe building or to put the building in safe 20 condition. 21 If the owner of record enters an appearance in the action 22 within the 30-day period, the court shall vacate its order 23 declaring the property abandoned. In that case, the township 24 may amend its complaint in order to initiate proceedings 25 under subsection (b). 26 If a request to demolish or repair the building is filed 27 within the 30-day period, the court shall grant permission to 28 the requesting party to demolish the building within 30 days 29 or to restore the building to safe condition within 60 days 30 after the request is granted. An extension of that period 31 for up to 60 additional days may be given for good cause. If 32 more than one person with an interest in the property files a 33 timely request, preference shall be given to the person with 34 the lien or other interest of the highest priority. HB0027 Enrolled -17- LRB9200661MWpk 1 If the requesting party proves to the court that the 2 building has been demolished or put in a safe condition 3 within the period of time granted by the court, the court 4 shall issue a quitclaim judicial deed for the property to the 5 requesting party, conveying only the interest of the owner of 6 record, upon proof of payment to the township of all costs 7 incurred by the township in connection with the action, 8 including but not limited to court costs, attorney's fees, 9 administrative costs, the costs, if any, associated with 10 building enclosure or removal, and receiver's certificates. 11 The interest in the property so conveyed shall be subject to 12 all liens and encumbrances on the property. In addition, if 13 the interest is conveyed to a person holding a certificate of 14 purchase for the property under the Property Tax Code, the 15 conveyance shall be subject to the rights of redemption of 16 all persons entitled to redeem under that Act, including the 17 original owner of record. 18 If no person with an interest in the property files a 19 timely request or if the requesting party fails to demolish 20 the building or put the building in safe condition within the 21 time specified by the court, the township may petition the 22 court to issue a judicial deed for the property to the 23 county. A conveyance by judicial deed shall operate to 24 extinguish all existing ownership interests in, liens on, and 25 other interest in the property, including tax liens. 26 (e) This Section applies only to requests made by 27 townships under subsection (a) before January 1, 2006 and 28 proceedings to implement or enforce this Section with respect 29 to matters related to or arising from those requests. 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.