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| Public Act 096-0564 |
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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 | ||||
105-15 as follows:
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(60 ILCS 1/105-15)
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Sec. 105-15. Weed cutting.
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(a) The township board may provide for the cutting of weeds | ||||
or grass, the trimming of trees or bushes, the removal of | ||||
nuisance bushes or trees, or the
maintenance of a retention | ||||
pond or detention pond on any real estate in
residential areas | ||||
in the township no sooner than 7 days after notifying the
owner | ||||
or the appropriate property owners association by mail of the | ||||
intended
weed or grass cutting, bush or tree trimming, nuisance | ||||
bush or tree removal, or pond maintenance when the owners of | ||||
the real estate refuse or
neglect to cut the weeds or grass, | ||||
trim the trees or bushes, remove the nuisance bushes or trees, | ||||
or maintain the pond. The board may collect from the
owners the | ||||
reasonable cost of cutting the weeds or grass, trimming the | ||||
trees or bushes, removing the nuisance bushes or trees, or | ||||
maintaining the pond.
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(b) This cost is a lien upon the real estate affected, | ||||
superior to all other
liens and encumbrances except tax liens, | ||||
if within 60 days after the cost and
expense is incurred, the | ||
township or person performing the service by authority
of the | ||
township in his or its own name files a 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 the | ||
county if the real estate affected is
registered under the | ||
Registered Titles (Torrens) Act. The notice shall consist
of a | ||
sworn statement setting out (i) a description of the real | ||
estate
sufficient for its identification, (ii) the amount of | ||
money representing the
cost and expense incurred or payable for | ||
the service, and (iii) the date or
dates when the cost and | ||
expense was incurred by the township. The lien of the
township | ||
shall not be valid, however, as to any purchaser whose rights | ||
in and
to the real estate have arisen after the weed or grass | ||
cutting, bush or tree trimming, nuisance bush or tree removal, | ||
weed-cutting or pond maintenance and
before the filing of the | ||
notice, and the lien of the township shall not be
valid as to | ||
any mortgagee, judgment creditor, or other lienholder whose | ||
rights
in and to the real estate arise before the filing of the | ||
notice. 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 or | ||
person in whose name the lien has been filed. The release may | ||
be
filed of record as in the case of filing a notice of lien.
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(c) No provision of this Section applies to any nature | ||
preserve or other
area that has been designated as a | ||
conservation area. | ||
(d) In addition to any lien or foreclosure action related | ||
thereto, a township may institute a civil action or proceeding | ||
to recover the amount of money owed for any service performed | ||
pursuant to subsection (a).
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(Source: P.A. 87-1194; 88-62.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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