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| Public Act 094-0841 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Township Code is amended by changing Section | ||||
85-50 as follows:
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(60 ILCS 1/85-50)
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Sec. 85-50. Demolition, repair, or enclosure of buildings.
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(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
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provided in Section 5-1121 of the Counties Code, the township | ||||
may exercise its
powers under this Section.
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(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
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may remove or cause the removal of garbage, debris, and other | ||||
hazardous,
noxious, or unhealthy substances or materials from | ||||
those buildings.
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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
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premises sought to be demolished or repaired is sufficient | ||
notice under this
Section.
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The hearing upon the application to the circuit court shall | ||
be expedited
by the court and shall be given precedence over | ||
all other suits.
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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.
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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
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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
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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.
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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).
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(c) In any case where a township has obtained a lien under
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subsection (b), the township may enforce the lien under
this | ||
subsection (c) in the same proceeding in which the lien is | ||
authorized.
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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
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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).
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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.
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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
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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.
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(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:
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(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;
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(2) the property is unoccupied by persons legally in | ||
possession; and
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(3) the property contains a dangerous or unsafe | ||
building.
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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.
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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).
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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.
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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.
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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).
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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
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request, preference shall be given to the person with the lien | ||
or other
interest of the highest priority.
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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
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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
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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.
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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.
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(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.
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(Source: P.A. 92-347, eff. 8-15-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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