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| Public Act 095-0183 |
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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 Illinois Municipal Code is amended by | ||||
changing Sections 11-20-7 and 11-20-12 as follows:
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(65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
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Sec. 11-20-7. The corporate authorities of each | ||||
municipality may provide
for the cutting of weeds or grass, the | ||||
trimming of trees or bushes, and the removal of nuisance bushes | ||||
or trees in the municipality, when the owners of real
estate | ||||
refuse or neglect to cut, trim, or remove them and to collect | ||||
from the owners of
private property the reasonable cost | ||||
thereof. This cost is a lien upon the
real estate affected, | ||||
superior to all other liens and encumbrances, except
tax liens; | ||||
provided that within 60 days after such cost and expense is
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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 the Torrens system. 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
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subsequent to the cutting of weeds or grass, the trimming of | ||
trees or bushes, or the removal of nuisance bushes or trees
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weed-cutting 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
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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.
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The cost of the cutting, trimming, or removal of weeds, | ||
grass, trees, or bushes shall not be lien on the real estate
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affected unless a notice is personally served on, or sent by | ||
certified mail to,
the person to whom was sent the tax bill for | ||
the general taxes on the property
for the last preceding year. | ||
The notice shall be delivered or sent
after the cutting, | ||
trimming, or removal of weeds, grass, trees, or bushes on the | ||
property. The notice shall
state the substance of this Section | ||
and the substance of any ordinance of the
municipality | ||
implementing this Section and shall identify the property, by
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common description, and the location of the weeds to be cut.
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(Source: P.A. 88-355.)
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(65 ILCS 5/11-20-12) (from Ch. 24, par. 11-20-12)
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Sec. 11-20-12. The corporate authorities of each | ||
municipality may provide for the
removal of elm trees infected | ||
with Dutch elm disease or ash trees infected with the emerald | ||
ash borer (Agrilus planipennis Fairmaire) from property not
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owned by the municipality or dedicated for public use when the | ||
owner of
such property refuses or neglects to remove any such | ||
tree, and to collect
from the property owner the reasonable | ||
cost thereof. This cost is a lien
upon the real estate | ||
affected, superior to all other liens and
encumbrances, except | ||
tax liens; provided that notice has been given as
hereinafter | ||
described, and further provided that within 60 days after such
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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
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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 the tree removal and prior to
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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
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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.
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The cost of such tree removal shall not be a lien upon the | ||
real estate
affected unless a notice shall be personally served | ||
or sent by registered
mail to the person to whom was sent the | ||
tax bill for the general taxes for
the last preceding year on | ||
the property, such notice to be delivered or
sent not less than | ||
30 days prior to the removal of the tree or trees
located | ||
thereon. The notice shall contain the substance of this | ||
section,
and of any ordinance of the municipality implementing | ||
its provisions, and
identify the property, by common | ||
description, and the tree or trees
affected.
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(Source: P.A. 83-358.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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