Public Act 096-0462
 		





HB2451 Enrolled
LRB096 08498 RLJ 18618 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 Sections 11-20-7, 11-20-8, 11-20-12, and 11-20-13 and  
by adding Section 11-20-15 as follows:
 



    (65 ILCS 5/11-20-7)  (from Ch. 24, par. 11-20-7)



    Sec. 11-20-7. Cutting and removal of neglected weeds, 
grass, trees, and bushes.  
    (a) The corporate authorities of each municipality may 
provide
for the removal of nuisance greenery from any parcel of 
private property within cutting of weeds or grass, the trimming 
of trees or bushes, and the removal of nuisance bushes or trees 
in the municipality if , when the owners of that parcel, after 
reasonable notice, real
estate refuse or neglect to remove the 
nuisance greenery. The municipality may cut, trim, or remove 
them and to collect, from the owners of that parcel,
private 
property the reasonable removal cost thereof. 
    (b) The municipality's removal cost under this Section is a 
lien upon the underlying parcel in accordance with Section 
11-20-15.
    (c) For the purpose of this Section: 
    "Removal of nuisance greenery" or "removal activities" 
means the cutting of weeds or grass, the trimming of trees or 
bushes, and the removal of nuisance bushes or trees. 
    "Removal cost" means the total cost of the removal 
activity. 
    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
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
subsequent to the 
cutting of weeds or grass, the trimming of trees or bushes, or 
the removal of nuisance bushes or trees 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 cost of the cutting, trimming, or removal of weeds, 
grass, trees, or bushes shall not be lien on the real estate

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

common description, and the location of the weeds to be cut.

(Source: P.A. 95-183, eff. 8-14-07.)

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

    Sec. 11-20-8. Pest extermination; liens.  
    (a) The corporate authorities of
each municipality may 
provide pest-control activities on any parcel of private 
property
for the extermination of pests in the municipality if, 
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 to
their property
and of pest 
extermination therein, after reasonable notice, the owners of 
that parcel refuse or neglect to prevent the ingress of pests 
to their property or to exterminate pests on their property. 
The municipality may collect, from the owners of the underlying 
parcel, the reasonable removal cost notice to such owners or

persons as
provided by ordinance and failures of such owners or 
persons to comply.

    (b) The municipality's removal cost under this Section is a 
lien upon the underlying parcel in accordance with Section 
11-20-15. 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 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.


    (c) For the purpose of this Section: 
    "Pests", as used  in this Section 11-20-8, mean 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/).

    "Pest-control activity" means the extermination of pests 
or the prevention of the ingress of pests. 
    "Removal cost" means the total cost of the pest-control 
activity. 

(Source: P.A. 94-572, eff. 8-12-05.)

 



    (65 ILCS 5/11-20-12)  (from Ch. 24, par. 11-20-12)



    Sec. 11-20-12. Removal of infected trees.  
    (a) 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 any parcel of private 
property within the municipality if the owners of that parcel, 
after reasonable notice, refuse or neglect to remove the 
infected trees.  The municipality may collect, from the owners 
of the parcel, not
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 removal cost thereof. 
    (b) The municipality's removal cost under this Section is a 
lien upon the underlying parcel in accordance with Section 
11-20-15. 
    (c) For the purpose of this Section, "removal cost" means 
the total cost of the removal of the infected trees. 
    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
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 the 
tree removal 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 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.

(Source: P.A. 95-183, eff. 8-14-07.)

 



    (65 ILCS 5/11-20-13)  (from Ch. 24, par. 11-20-13)



    Sec. 11-20-13. Removal of garbage, debris, and graffiti.  
    (a) The corporate authorities of each municipality may 
provide for the
removal of garbage, debris, and graffiti from 
any parcel of private property within the municipality if
when 
the owner of that parcel such
property, after reasonable 
notice, refuses or neglects to remove the such
garbage, debris, 
and graffiti. The municipality and may collect, from the such 
owner of the parcel,
the reasonable removal cost
thereof except 
in the case of graffiti. 
    (b) The municipality's removal cost under this Section is a 
lien upon the underlying parcel in accordance with Section 
11-20-15. 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.

    (c) This amendatory Act of 1973 does not apply to any 
municipality which is
a home rule unit.

    (d) For the purpose of this Section, "removal cost" means 
the total cost of the removal of garbage and debris. The term 
"removal cost" does not include any cost associated with the 
removal of graffiti. 
(Source: P.A. 90-292, eff. 1-1-98.)

 
    (65 ILCS 5/11-20-15  new)
    Sec. 11-20-15. Lien  for removal costs.
    (a) If the municipality incurs a removal cost under Section 
11-20-7, 11-20-8, 11-20-12, or 11-20-13 with respect to any 
underlying parcel, then that cost is a lien upon that 
underlying parcel. This lien is superior to all other liens and 
encumbrances, except tax liens.
    (b) To perfect a lien under this Section, the municipality 
must, within one year after the removal cost is incurred, file 
notice of lien in the office of the recorder in the county in 
which the underlying parcel is located or, if the underlying 
parcel is registered under the Torrens system, in the office of 
the Registrar of Titles of that county. The notice must consist 
of a sworn statement setting out:
        (1) a description of the underlying parcel that 
    sufficiently identifies the parcel;
        (2) the amount of the removal cost; and
        (3) the date or dates when the removal cost was 
    incurred by the municipality.
    If, for any one parcel, the municipality engaged in any 
removal activity on more than one occasion during the course of 
one year, then the municipality may combine any or all of the 
costs of each of those activities into a single notice of lien.
    (c) A lien under this Section is not valid as to: (i) any 
purchaser whose rights in and to the underlying parcel arose 
after the removal activity but before the filing of the notice 
of lien; or (ii) any mortgagee, judgment creditor, or other 
lienor whose rights in and to the underlying parcel arose 
before the filing of the notice of lien.
    (d) The removal cost is not a lien on the underlying parcel 
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 taxable year immediately 
preceding the removal activities. The notice must be delivered 
or sent after the removal activities have been performed, and 
it must: (i) state the substance of this Section and the 
substance of any ordinance of the municipality implementing 
this Section; (ii) identify the underlying parcel, by common 
description; and (iii) describe the removal activity.
    (e) A lien under this Section may be enforced by 
proceedings to foreclose as in case of mortgages or mechanics' 
liens. An action to foreclose a lien under this Section must be 
commenced within 2 years after the date of filing notice of 
lien.
    (f) Any person who performs a removal activity by the 
authority of the municipality may, in his or her own name, file 
a lien and foreclose on that lien in the same manner as a 
municipality under this Section.
    (g) A failure to file a foreclosure action does not, in any 
way, affect the validity of the lien against the underlying 
parcel.
    (h) Upon payment of the lien cost by the owner of the 
underlying parcel after notice of lien has been filed, the 
municipality (or its agent under subsection (f)) shall release 
the lien,  and the release may be filed of record by the owner 
at his or her sole expense as in the case of filing notice of 
lien.
    (i) For the purposes of this Section:
    "Lien cost" means the removal cost and the filing costs for 
any notice of lien under subsection (b).
    "Removal activity" means any activity for which a removal 
cost was incurred.
    "Removal cost" means a removal cost as defined under 
Section 11-20-7, 11-20-8, 11-20-12, or 11-20-13.
    "Underlying parcel" means a parcel of private property upon 
which a removal activity was performed.
    "Year" means a 365-day period.
    (j) This Section applies only to liens filed after the 
effective date of this amendatory Act of the 96th General 
Assembly. 
 

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