(210 ILCS 117/1)
Sec. 1.
Short title.
This Act may be cited as the Abandoned Mobile Home Act.
(Source: P.A. 88-516.)
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(210 ILCS 117/5)
Sec. 5.
Legislative intent and policy.
The General Assembly finds
that abandoned mobile homes are a nuisance because they cause
blight and depress property values. Existing laws create unnecessary
impediments to their speedy and efficient removal and disposal. This Act
is intended to provide local governments with the authority to remove abandoned
mobile homes while protecting property rights.
(Source: P.A. 88-516.)
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(210 ILCS 117/10)
Sec. 10. Definitions. As used in this Act:
"Manufactured home" means a factory-assembled, completely integrated structure designed for permanent habitation, with a permanent chassis, and so constructed as to permit its transport, on wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels) from the place of its construction to the location, or subsequent locations, at which it is connected to utilities for year-round occupancy for use as a permanent habitation, and designed and situated so as to permit its occupancy as a dwelling place for one or more persons, and specifically includes a "manufactured home" as defined in subdivision (53) of Section 9-102 of the Uniform Commercial Code. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing. The term excludes campers and recreational vehicles. The words "mobile home" and "manufactured home" are synonymous for the purposes of this Act.
"Abandoned mobile home" means a mobile home located inside a mobile home park that has no owner currently
residing in the mobile home or authorized tenant of the owner currently
residing in the mobile home to the best knowledge of the mobile home park owner or operator or municipality;
has had its electricity,
natural gas, sewer, and water utilities terminated or disconnected
by the utility companies or mobile home park owner or operator that are providing such services; and for which
the Mobile Home Privilege Tax, imposed under the Mobile Home Local
Services Tax Act, is delinquent for at least 3 months. A mobile home affixed to a foundation and abandoned outside a mobile home park must be treated like other real property for condemnation purposes.
"Manufactured home owner" means a person who holds title to a manufactured home. "Manufactured home resident" means a manufactured home owner who rents space in a mobile home park from a mobile home park owner or operator for the purpose of locating his or her manufactured home or a person who rents a manufactured home in a mobile home park from a mobile home park owner or operator. "Mobile home park" has the meaning provided under Section 2.5 of the Mobile Home Park Act. "Municipality" means any city, village, incorporated town, or its duly
authorized agent. If an abandoned mobile home is located in an
unincorporated area, the county where the mobile home is located shall have
all powers granted to a
municipality under this Act.
(Source: P.A. 100-1083, eff. 1-1-19.)
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(210 ILCS 117/10.1) Sec. 10.1. Proceedings. (a) A proceeding to remove an abandoned mobile home may be maintained by the mobile home park owner or operator in the circuit court in the county in which the manufactured home is situated. (b) A mobile home park owner or operator may commence a proceeding to obtain a judgment of the court declaring that a manufactured home has been abandoned upon proof of all of the following: (1) The manufactured home has been vacant for a | ||
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(2) The manufactured home resident has defaulted in | ||
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(3) At least 30 days before commencing the | ||
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(4) At least 3 of the following factors apply: (A) the manufactured home has no owner currently | ||
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(B) electricity, natural gas, sewer, and water | ||
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(C) the mobile home privilege tax, imposed under | ||
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(D) the manufactured home is in a state of | ||
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(E) other objective evidence of abandonment that | ||
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(c) A proceeding under this Act shall be commenced by filing a complaint naming as defendants all known holders of liens against the manufactured home, manufactured home owners, and manufactured home residents. The complaint shall comply with the requirements of a complaint under the Code of Civil Procedure. The summons shall state that if the defendant fails to answer and establish any defense that he or she may have, then he or she may be precluded from asserting such defense or the claim on which it is based in any other proceeding or action, that a final judgment may be entered if the court finds that the plaintiff has made the requisite showing, and that the result of that final judgment shall be the loss of the manufactured home resident's home. Service of the summons and complaint, return of process, and filing of an answer or other responsive pleading shall conform to the requirements of the Code of Civil Procedure and Supreme Court Rules. (d) Upon the entry of a judgment that a manufactured home has been abandoned, the mobile home park owner or operator shall execute the judgment and cause the removal of the manufactured home from the mobile home park within 30 days after delivery of the judgment. (e) The judgment shall clearly recite that a declaration of abandonment has been granted and that the manufactured home will be removed from the mobile home park no later than the 30th day after the delivery of the judgment unless an alternate disposition is ordered under subsection (f). (f) As used in this subsection, "diligent inquiry" means sending a notice by certified mail to the last known address. In lieu of ordering the removal of a manufactured home, the court may, upon good cause shown, provide for an alternate disposition of the manufactured home, including, but not limited to, sale, assignment of title, or destruction. When a manufactured home is disposed of under this Section through a sale of the manufactured home, the mobile home park owner or operator shall, after payment of all outstanding rent, fees, costs, and expenses to the community, and payment in priority order to lienholders, including providers of any utility services, pay any remaining balance to the title holder of the manufactured home. If the title holder cannot be found through diligent inquiry after 90 days, then the funds shall be forfeited. (g) If any household goods or other personal property of the defendant remain in the manufactured home at the conclusion of proceedings under this Act, then the mobile home park owner or operator shall provide for the storage of the household goods and personal property for a period of not less than 30 days after the date of the final judgment of the court providing for the disposition of the manufactured home. If the household goods or other personal property are stored in a self-storage facility, then an amount equal to the charges imposed for such storage may be recovered from the defendant. Upon the expiration of such period, the mobile home park owner or operator: (1) has no further liability for the storage or safekeeping of such household goods or personal property; and (2) may provide for the destruction or other disposition of such household goods or personal property. At least 20 days before removing any household goods or other personal property of the defendant that remains in the manufactured home at the conclusion of proceedings under this Act, the mobile home park owner or operator shall send all known manufactured home owners and manufactured home residents written notice to the last known address by certified mail, return receipt requested. The notice shall include a description of the procedures, deadlines, and costs for the retrieval of items being stored in accordance with this subsection (g).
(Source: P.A. 100-1083, eff. 1-1-19.) |
(210 ILCS 117/15)
Sec. 15. Authorization. The corporate authority of a municipality may
remove and
dispose of any abandoned mobile home found within the municipality and may
legally enter upon any land to do so if the mobile home park owner or operator of the mobile home park where the abandoned mobile home is located has not initiated proceedings under Section 10.1 of this Act within 45 days after written notice to the mobile home park owner or operator by certified mail, return receipt requested stating that the corporate authority intends to take action under this Act. The notice to the mobile home park owner or operator shall specify the location of the abandoned mobile home in the park. This amendatory Act of the 100th General Assembly shall not be construed to affect any other authorization or obligation of the corporate authority under this Act.
(Source: P.A. 100-1083, eff. 1-1-19.)
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(210 ILCS 117/20)
Sec. 20.
Exemption from liability.
An entity that removes, sells, or
disposes of a mobile home under the authority of this Act shall not be liable
for any damages caused by the removal, sale, or disposal.
(Source: P.A. 88-516.)
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(210 ILCS 117/25)
Sec. 25.
Notice.
(a) Before removing an abandoned mobile home, the
municipality shall send written
notice as provided in subsection (c) by certified mail, return receipt
requested, to
each owner and each
lienholder who appears on the records of the
Secretary of State, and to each owner of record of
the land upon which the mobile home is located.
The notice shall also be sent by certified mail, return receipt requested,
to the last person who paid the mobile home privilege tax on the
mobile home as shown on the records of the County Treasurer of the county
where the mobile home is located.
(b) If the owner, lienholder, or other
legally entitled person does not sign for the notice sent to him or her by
certified mail, then that
person shall be notified by publication as provided in subsection (c) in
a newspaper of general
circulation in the municipality or a newspaper of general circulation in
the county if no newspaper exists in the municipality or the county is
responsible for the notice. The notice must be published once a week for 3
consecutive weeks.
If the Secretary of State
has no record of title for the mobile home, and if after diligent
search, the name and address of the owner, lienholder or other legally
entitled person cannot be ascertained, then
the municipality shall publish the notice as provided in subsection (c) in a newspaper
of general circulation in
the municipality once a week for 3 consecutive weeks.
(c) The notice required under this Section shall be in substantially the
following form:
"TO:___________________________________ ___________________________________ ___________________________________ Date of Notice:______________
You are notified that the (name municipality) has | ||
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If you have any questions regarding this notice, you | ||
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________________________ (Agent for municipality) ________________________ (Address) ________________________ (Telephone Number)"
If notice was mailed, the effective date of the notice shall be the date it
was mailed, if notice was published, the effective
date shall be the first date the notice appeared in the newspaper.
(Source: P.A. 88-516.)
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(210 ILCS 117/30)
Sec. 30.
Disposal or auction.
If the owners or lien
holders of the mobile home fail to restore the electric and
water service and to pay all taxes, interest, and penalties within the 30 day
period following the effective date of the notice, then the municipality
shall obtain title to the mobile home and may
remove the mobile home and dispose of it unless the municipality determines
that it is worthwhile to attempt
to sell it at a public auction.
If no bids are received, then the mobile home may be disposed of in any
manner authorized by this Act.
Notice of the time and place of the auction shall be posted where
the auction will take place in a
conspicuous place at least 10 days before the auction. At least 10 days before
the
auction, the municipality shall also send notice of the auction by certified
mail to each owner and lien
holder who was originally notified by certified mail. This notice shall
include a description of the mobile home and shall inform the owner or
lienholder, or both, that they can reclaim the mobile home if they establish
before
the auction that they have a right to possession, submit written proof that
electric and
water service has
been restored to the mobile home, submit written proof that all taxes,
including interest and
penalties, have been paid, and that the municipality has been reimbursed
for all incidental expenses, including the cost of notice described in Section
25.
(Source: P.A. 88-516.)
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(210 ILCS 117/35)
Sec. 35.
Ultimate responsibility of mobile home owner.
If a
municipality disposes of or auctions off a mobile home at a financial loss,
the person having record title at the time these proceedings began shall
be ultimately responsible for all reasonable losses incurred by a municipality.
(Source: P.A. 88-516.)
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(210 ILCS 117/40)
Sec. 40.
Transportation.
Transportation of an abandoned mobile home
over the public streets
and highways of this State under this Act shall not require registration
plates issued under the Illinois Vehicle Code or a permit certifying payment
of the mobile home tax under the Mobile Home Local Services Tax Act for the
current
year.
(Source: P.A. 88-516.)
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(210 ILCS 117/45)
Sec. 45.
Transfer of title.
If a municipality chooses, it may
transfer title and all responsibilities for an abandoned mobile home to its
agent for the sole purpose of removal by sale or disposal. If this
option is utilized, any expenses incurred or profits realized from the
legal sale or disposal shall be with the agent.
(Source: P.A. 88-516.)
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(210 ILCS 117/50)
Sec. 50.
Proceeds.
When a mobile home is disposed of under this Act, the
proceeds of the public sale or disposition, after deduction of all towing,
storage, processing charges, and payment in priority order to lienholders,
including providers of any utility services, shall be deposited into the
municipality's treasury.
(Source: P.A. 88-516.)
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(210 ILCS 117/55)
Sec. 55.
Salvage and junking certificates.
When an applicant for a
salvage or junking certificate
presents the Secretary of State with proof that the applicant has
purchased or acquired a mobile home at a public sale authorized by this
Act, and the local law enforcement agency
having jurisdiction over the public sale of a vehicle certifies this fact,
the Secretary of
State shall issue the salvage or junking certificate
upon receipt of the properly executed application.
The salvage or junking certificate
issued by the Secretary of State under Section 3-117.1 of the Illinois
Vehicle Code shall be
free of any lien that existed against the vehicle before the applicant acquired the
vehicle.
(Source: P.A. 88-516.)
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(210 ILCS 117/90)
Sec. 90.
(Amendatory provisions; text omitted).
(Source: P.A. 88-516; text omitted.)
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(210 ILCS 117/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 88-516; text omitted.)
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