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| Public Act 098-0138 | ||||
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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 Counties Code is amended by changing Section | ||||
5-1121 as follows:
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(55 ILCS 5/5-1121)
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Sec. 5-1121. Demolition, repair, or enclosure.
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(a) The county board of each county may
demolish, repair, | ||||
or enclose or cause the demolition, repair, or enclosure of
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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
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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 commence the | ||||
proceedings within 60 days after 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.
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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.
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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 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.
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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 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
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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
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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.
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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).
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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.
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(b) In any case where a county has obtained a lien under
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subsection (a), the county may enforce the lien under
this | ||
subsection (b) in the same proceeding in which the lien is | ||
authorized.
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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
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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
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estate. If the court denies the petition, the county may | ||
enforce the
lien in a separate action as provided in subsection | ||
(a).
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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 (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
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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.
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(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:
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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 county, however, may proceed under this subsection in a
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proceeding brought under subsection (a). Notice of the petition
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shall be served by certified or registered mail on all persons | ||
who were
served notice under subsection (a).
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If the county proves that the conditions described in this
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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 county unless, within 30 days of
the notice, | ||
the owner of record enters an appearance in the action, or
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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 county may | ||
amend its complaint in order
to initiate proceedings under | ||
subsection (a).
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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 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
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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
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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 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.
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(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.
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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 a 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
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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
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be demolished, repaired, or enclosed, or any garbage, debris, | ||
and other
hazardous, noxious, or unhealthy substances or | ||
materials may be removed, by
the county.
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Not later than 30 days following the posting of the notice, | ||
the
county shall do both of the following:
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(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
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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.
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(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.
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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.
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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
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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.
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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
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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
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an order authorizing the county to do so.
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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
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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
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vacant and constituted an immediate and continuing hazard
to | ||
the community; (v) a statement by the official that the
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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).
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(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.
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(Source: P.A. 97-549, eff. 8-25-11.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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