State of Illinois
Public Acts
92nd General Assembly

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 92-0347

HB0027 Enrolled                                LRB9200661MWpk

    AN ACT concerning local government.

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

    Section  5.  The  Counties  Code  is  amended by changing
Sections 5-1121 and 5-12017 as follows:

    (55 ILCS 5/5-1121)
    Sec. 5-1121.  Demolition, repair, or enclosure.
    (a)  The  county  board  of  each  county  may  demolish,
repair, or  enclose  or  cause  the  demolition,  repair,  or
enclosure  of  dangerous  and unsafe buildings or uncompleted
and abandoned buildings within the territory of  the  county,
but outside the territory of any municipality, and may remove
or cause the removal of garbage, debris, and other hazardous,
noxious,  or  unhealthy  substances  or  materials from those
buildings. If a township within the  county  makes  a  formal
request  to  the county board as provided in Section 85-50 of
the Township Code that the county  board  commence  specified
proceedings  under  this  Section  with  respect  to property
located within the township but outside the territory of  any
municipality,  then, at the next regular county board meeting
occurring at least 10 days after the formal request  is  made
to  the  county board, the county board shall either commence
the  requested  proceedings  or  decline  to  do  so  (either
formally or by failing to  act  on  the  request)  and  shall
notify  the  township  board making the request of the county
board's decision. In any county having adopted, by referendum
or otherwise, a  county  health  department  as  provided  by
Division  5-25  of  the Counties Code or its predecessor, the
county board of any such county may upon a formal request  by
the  city,  village, or incorporated town demolish, repair or
cause the  demolition  or  repair  of  dangerous  and  unsafe

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

    Section  10.  The  Township  Code  is  amended  by adding
Section 85-50 as follows:

    (60 ILCS 1/85-50 new)
    Sec.  85-50.  Demolition,   repair,   or   enclosure   of
buildings.
    (a)  The  township  board  of  any  township may formally
request the county board to  commence  specified  proceedings
with  respect  to  property  located  within the township but
outside the territory of  any  municipality  as  provided  in
Section  5-1121  of  the  Counties Code.  If the county board
declines the request as provided in  Section  5-1121  of  the
Counties  Code,  the  township  may exercise its powers under
this Section.
    (b)  The township board of each  township  may  demolish,
repair,  or  enclose  or  cause  the  demolition,  repair, or
enclosure of dangerous and unsafe  buildings  or  uncompleted
and  abandoned buildings within the territory of the township
and may remove or cause the removal of garbage,  debris,  and
other   hazardous,   noxious,   or  unhealthy  substances  or
materials from those buildings.
    The township board shall apply to the  circuit  court  of
the  county in which the building is located (i) for an order
authorizing action to be taken with respect to a building  if
the  owner  or  owners  of  the  building, including the lien
holders of record, after at least 15 days' written notice  by
mail to do so, have failed to commence proceedings to put the
building in a safe condition or to demolish it or (ii) for an
order  requiring  the  owner or owners of record to demolish,
repair, or enclose the building or to remove garbage, debris,
and other hazardous,  noxious,  or  unhealthy  substances  or
materials  from  the  building.   It  is not a defense to the
cause of action that the building is boarded up or  otherwise
enclosed,  although the court may order the defendant to have
the building boarded up or otherwise  enclosed.  Where,  upon
diligent  search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or  persons
in  whose  name  the  real  estate  was last assessed and the
posting  of  the  notice  upon  the  premises  sought  to  be
demolished  or  repaired  is  sufficient  notice  under  this
Section.
    The hearing upon the application  to  the  circuit  court
shall be expedited by the court and shall be given precedence
over all other suits.
    The cost of the demolition, repair, enclosure, or removal
incurred  by  the  township,  by  an intervenor, or by a lien
holder of record, including court costs, attorney's fees, and
other costs related to the enforcement of  this  Section,  is
recoverable  from  the  owner or owners of the real estate or
the previous owner or both if the  property  was  transferred
during  the  15-day  notice  period and is a lien on the real
estate if, within 180  days  after  the  repair,  demolition,
enclosure,  or  removal,  the  township,  the  lien holder of
record, or the intervenor who incurred the cost  and  expense
shall file a notice of lien for the cost and expense incurred
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 the county if the real estate affected is registered under
the   Registered  Titles  (Torrens)  Act.  The  lien  becomes
effective at the time of filing.
    The notice must consist of a sworn statement setting  out
(1)  a  description  of  the  real  estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the township, the lien holder  of
record,  or  the  intervenor.  Upon  payment  of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the  lien  shall  be
released  by  the township, the person in whose name the lien
has been filed, or the assignee of the lien, and the  release
may  be  filed  of  record as in the case of filing notice of
lien. Unless the lien is enforced under subsection  (c),  the
lien  may  be  enforced  by foreclosure proceedings as in the
case of mortgage foreclosures under Article XV of the Code of
Civil Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any  time  after  the
date  of  filing  of  the  notice  of  lien.   The  costs  of
foreclosure  incurred by the township, including court costs,
reasonable  attorney's  fees,  advances   to   preserve   the
property,  and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on  the  real
estate  and are recoverable by the township from the owner or
owners of the real estate.
    All liens arising under  this  subsection  (b)  shall  be
assignable.  The  assignee  of  the  lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
    (c)  In any case where a township  has  obtained  a  lien
under subsection (b), the township may enforce the lien under
this  subsection (c) in the same proceeding in which the lien
is authorized.
    A  township  desiring  to  enforce  a  lien  under   this
subsection   (c)   shall   petition   the   court  to  retain
jurisdiction   for   foreclosure   proceedings   under   this
subsection.  Notice of  the  petition  shall  be  served,  by
certified  or registered mail, on all persons who were served
notice under subsection (b).    The  court  shall  conduct  a
hearing  on  the  petition  not  less  than 15 days after the
notice  is  served.   If  the  court  determines   that   the
requirements  of  this subsection (c) have been satisfied, it
shall grant the petition and  retain  jurisdiction  over  the
matter  until  the  foreclosure proceeding is completed.  The
costs of foreclosure  incurred  by  the  township,  including
court costs, reasonable attorneys' fees, advances to preserve
the  property,  and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien  on  the
real  estate  and  are  recoverable  by the township from the
owner or owners of the real estate.  If the court denies  the
petition,  the  township  may  enforce the lien in a separate
action as provided in subsection (b).
    All persons designated in Section 15-1501 of the Code  of
Civil   Procedure   as   necessary   parties  in  a  mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure.  Persons  designated  in  Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
    The  provisions  of  Article  XV  of  the  Code  of Civil
Procedure applicable to mortgage foreclosures shall apply  to
the  foreclosure  of a lien under this subsection (c), except
to the extent that those  provisions  are  inconsistent  with
this  subsection.    For  purposes  of  foreclosures of liens
under  this  subsection,  however,  the   redemption   period
described in subsection (c) of Section 15-1603 of the Code of
Civil  Procedure shall end 60 days after the date of entry of
the order of foreclosure.
    (d)  In addition to any other remedy provided by law, the
township board of any township may petition the circuit court
to have property declared abandoned under this subsection (d)
if:
         (1)  the property has been tax delinquent for  2  or
    more  years  or  bills for water service for the property
    have been outstanding for 2 or more years;
         (2)  the property is unoccupied by  persons  legally
    in possession; and
         (3)  the  property  contains  a  dangerous or unsafe
    building.
    All persons having an interest of record in the property,
including  tax  purchasers  and  beneficial  owners  of   any
Illinois  land  trust  having title to the property, shall be
named as defendants in the petition and shall be served  with
process.   In  addition,  service  shall be had under Section
2-206 of the Code  of  Civil  Procedure  as  in  other  cases
affecting property.
    The  township, however, may proceed under this subsection
in a proceeding brought under subsection (b).  Notice of  the
petition  shall  be served by certified or registered mail on
all persons who were served notice under subsection (b).
    If the township proves that the conditions  described  in
this subsection exist and the owner of record of the property
does  not  enter an appearance in the action, or, if title to
the property is held by an Illinois land  trust,  if  neither
the  owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the  court  shall  declare
the property abandoned.
    If  that  determination  is made, notice shall be sent by
certified  or  registered  mail  to  all  persons  having  an
interest of record in the property, including tax  purchasers
and beneficial owners of any Illinois land trust having title
to  the  property, stating that title to the property will be
transferred to the township unless, within  30  days  of  the
notice,  the  owner  of  record  enters  an appearance in the
action, or unless any other person having an interest in  the
property  files  with  the  court  a  request to demolish the
dangerous or unsafe building or to put the building  in  safe
condition.
    If the owner of record enters an appearance in the action
within  the  30-day  period, the court shall vacate its order
declaring the property abandoned.  In that case, the township
may amend its complaint  in  order  to  initiate  proceedings
under subsection (b).
    If  a request to demolish or repair the building is filed
within the 30-day period, the court shall grant permission to
the requesting party to demolish the building within 30  days
or  to  restore the building to safe condition within 60 days
after the request is granted.  An extension  of  that  period
for up to 60 additional days may be given for good cause.  If
more than one person with an interest in the property files a
timely  request, preference shall be given to the person with
the lien or other interest of the highest priority.
    If the requesting party proves  to  the  court  that  the
building  has  been  demolished  or  put  in a safe condition
within the period of time granted by  the  court,  the  court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record,  upon  proof  of payment to the township of all costs
incurred by the  township  in  connection  with  the  action,
including  but  not  limited to court costs, attorney's fees,
administrative costs, the  costs,  if  any,  associated  with
building  enclosure  or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject  to
all  liens and encumbrances on the property.  In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property  Tax  Code,  the
conveyance  shall  be  subject to the rights of redemption of
all persons entitled to redeem under that Act, including  the
original owner of record.
    If  no  person  with  an interest in the property files a
timely request or if the requesting party fails  to  demolish
the building or put the building in safe condition within the
time  specified  by  the court, the township may petition the
court to issue a  judicial  deed  for  the  property  to  the
county.   A  conveyance  by  judicial  deed  shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
    (e)  This  Section  applies  only  to  requests  made  by
townships under subsection (a) before  January  1,  2006  and
proceedings to implement or enforce this Section with respect
to matters related to or arising from those requests.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 23, 2001.
    Approved August 15, 2001.

[ Top ]