Public Act 90-0292 of the 90th General Assembly
Public Act 90-0292
HB0661 Enrolled LRB9003553PTcw
AN ACT to amend the Illinois Municipal Code by changing
Section 11-20-13.
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 11-20-13 as follows:
(65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
Sec. 11-20-13. The corporate authorities of each
municipality may provide for the removal of garbage, and
debris, and graffiti from private property when the owner of
such property, after reasonable notice, refuses or neglects
to remove such garbage, and debris, and graffiti and may
collect from such owner the reasonable cost thereof except in
the case of graffiti. This cost is a lien upon the real
estate affected, superior to all subsequent 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 such 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 whose
rights in and to such real estate have arisen subsequent to
removal of the garbage and debris and prior to the filing of
such notice, and the lien of such municipality shall not be
valid as to any mortgagee, judgment creditor or other lienor
whose rights in and to such real estate arise prior to the
filing of such notice. Upon payment of the cost and expense
by the owner of or persons interested in such 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. An action to foreclose this lien shall be
commenced within 2 years after the date of filing notice of
lien.
This amendatory Act of 1973 does not apply to any
municipality which is a home rule unit.
(Source: P.A. 83-358.)