Public Act 094-0572
 		





SB0169 Enrolled
LRB094 04278 MKM 34303 b






    AN ACT concerning local government. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 


 
    Section 5. The Illinois Municipal Code is amended by 
changing
Section 11-20-8 as follows:


 
    (65 ILCS 5/11-20-8)  (from Ch. 24, par. 11-20-8)

    Sec. 11-20-8. Pest extermination; liens. The corporate 
authorities of
each municipality may provide
for the 
extermination of pests
rats in the municipality, and charge to

and
collect from the owners of and persons interested in 
private property the
reasonable cost and expense of preventing 
ingress of pests
rats to
their property
and of pest
rat 
extermination therein, after notice to such owners or
persons 
as
provided by ordinance and failures of such owners or persons 
to comply.
This cost and expense is a lien upon the real estate 
affected, superior to
all other existing liens and 
encumbrances, except tax liens if within 60
days after such 
cost and expense is incurred the municipality, or person

performing the service by authority of the municipality, in his 
or its own
name, files notice of lien in the office of the 
recorder in the
county in which the real estate is located or 
in the office of the
Registrar of Titles of such county if the 
real estate affected is
registered under "An Act concerning 
land titles", approved May 1, 1897,
as amended. The notice 
shall consist of a sworn
statement setting out (1) a 
description of the real estate sufficient for
identification 
thereof, (2) the amount of money representing the cost and

expense incurred or payable for the service, and (3) the date 
or dates when
such cost and expense was incurred by the 
municipality. However, the lien
of such municipality shall not 
be valid as to any purchaser, mortgagee,
judgment creditor, or 
other lienor whose rights in and to the real estate
arise 
subsequent to the pest
rat extermination and prior to the 
filing
of
the
notice of such lien in the office of the 
recorder, or in the
office of the Registrar of Titles, as 
aforesaid. Upon payment of the cost
and expense by the owner of 
or persons interested in the property after
notice of lien has 
been filed, the lien shall be released by the
municipality or 
person in whose name the lien has been filed and the
release 
may be filed of record as in the case of filing notice of lien. 
The
lien may be enforced by proceedings to foreclose as in case 
of mortgages or
mechanics' liens. Actions to foreclose this 
lien shall be commenced
within one
year after the date of 
filing notice of lien.


    "Pests", as used  in this Section 11-20-8, means undesirable 
arthropods (including certain insects, spiders, mites, ticks, 
and related organisms), wood infesting organisms, rats, mice, 
and other obnoxious undesirable animals, but does not include a 
feral cat, a "companion animal" as that term is defined in the 
Humane Care for Animals Act (510 ILCS 70/), "animals" as that 
term is defined in the Illinois Diseased Animals Act (510 ILCS 
50/), or animals protected by the Wildlife Code (520 ILCS 5/).


(Source: P.A. 83-358.)


 
    Section 99. Effective date. This Act takes effect upon 
becoming law.



Effective Date:  8/12/2005