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| [ Introduced ] | [ House Amendment 001 ] |
91_HB1116eng HB1116 Engrossed LRB9103608MWgc 1 AN ACT concerning the demolition, repair, or enclosure of 2 unsafe buildings, amending named Acts. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Counties Code is amended by changing 6 Section 5-1121 as follows: 7 (55 ILCS 5/5-1121) 8 Sec. 5-1121. Demolition, repair, or enclosure. 9 (a) The county board of each county mayupon a formal10request by the city, village or incorporated towndemolish, 11 repair, or enclose or cause the demolition, repair, or 12 enclosure of dangerous and unsafe buildings or uncompleted 13 and abandoned buildings within the territory of the county, 14 but outside the territory of any municipality, and may remove 15 or cause the removal of garbage, debris, and other hazardous, 16 noxious, or unhealthy substances or materials from those 17 buildings. In any county having adopted, by referendum or 18 otherwise, a county health department as provided by Division 19 5-25 of the Counties Code or its predecessor, the county 20 board of any such county may upon a formal request by the 21 city, village, or incorporated town demolish, repair or cause 22 the demolition or repair of dangerous and unsafe buildings or 23 uncompleted and abandoned buildings within the territory of 24 any city, village, or incorporated town having a population 25 of less than 50,000. 26 The county board shall apply to the circuit court of the 27 county in which the building is located (i) for an order 28 authorizing action to be taken with respect to a building if 29 the owner or owners of the building, including the lien 30 holders of record, after at least 15 days' written notice by 31 mail to do so, have failed to commence proceedings to put the HB1116 Engrossed -2- LRB9103608MWgc 1 building in a safe condition or to demolish it or (ii) for an 2 order requiring the owner or owners of record to demolish, 3 repair, or enclose the building or to remove garbage, debris, 4 and other hazardous, noxious, or unhealthy substances or 5 materials from the building. It is not a defense to the 6 cause of action that the building is boarded up or otherwise 7 enclosed, although the court may order the defendant to have 8 the building boarded up or otherwise enclosed. Where, upon 9 diligent search, the identity or whereabouts of the owner or 10 owners of the building, including the lien holders of record, 11 is not ascertainable, notice mailed to the person or persons 12 in whose name the real estate was last assessed and the 13 posting of such notice upon the premises sought to be 14 demolished or repaired is sufficient notice under this 15 Section. 16 The hearing upon the application to the circuit court 17 shall be expedited by the court and shall be given precedence 18 over all other suits. 19 The cost of the demolition, repair, enclosure, or removal 20 incurred by the county, by an intervenor, or by a lien holder 21 of record, including court costs, attorney's fees, and other 22 costs related to the enforcement of this Section, is 23 recoverable from the owner or owners of the real estate or 24 the previous owner or both if the property was transferred 25 during the 15 day notice period and is a lien on the real 26 estate; the lien is superior to all prior existing liens and 27 encumbrances, except taxes, if, within 180 days after the 28 repair, demolition, enclosure, or removal, the county, the 29 lien holder of record, or the intervenor who incurred the 30 cost and expense shall file a notice of lien for the cost and 31 expense incurred in the office of the recorder in the county 32 in which the real estate is located or in the office of the 33 registrar of titles of the county if the real estate affected 34 is registered under the Registered Titles (Torrens) Act. HB1116 Engrossed -3- LRB9103608MWgc 1 The notice must consist of a sworn statement setting out 2 (1) a description of the real estate sufficient for its 3 identification, (2) the amount of money representing the cost 4 and expense incurred, and (3) the date or dates when the cost 5 and expense was incurred by the county, the lien holder of 6 record, or the intervenor. Upon payment of the cost and 7 expense by the owner of or persons interested in the property 8 after the notice of lien has been filed, the lien shall be 9 released by the county, the person in whose name the lien has 10 been filed, or the assignee of the lien, and the release may 11 be filed of record as in the case of filing notice of lien. 12 Unless the lien is enforced under subsection (b), the lien 13 may be enforced by foreclosure proceedings as in the case of 14 mortgage foreclosures under Article XV of the Code of Civil 15 Procedure or mechanics' lien foreclosures. An action to 16 foreclose this lien may be commenced at any time after the 17 date of filing of the notice of lien. The costs of 18 foreclosure incurred by the county, including court costs, 19 reasonable attorney's fees, advances to preserve the 20 property, and other costs related to the enforcement of this 21 subsection, plus statutory interest, are a lien on the real 22 estate and are recoverable by the county from the owner or 23 owners of the real estate. 24 All liens arising under this subsection (a) shall be 25 assignable. The assignee of the lien shall have the same 26 power to enforce the lien as the assigning party, except that 27 the lien may not be enforced under subsection (b). 28 If the appropriate official of any county determines that 29 any dangerous and unsafe building or uncompleted and 30 abandoned building within its territory fulfills the 31 requirements for an action by the county under the Abandoned 32 Housing Rehabilitation Act, the county may petition under 33 that Act in a proceeding brought under this subsection. 34 (b) In any case where a county has obtained a lien under HB1116 Engrossed -4- LRB9103608MWgc 1 subsection (a), the county may enforce the lien under this 2 subsection (b) in the same proceeding in which the lien is 3 authorized. 4 A county desiring to enforce a lien under this subsection 5 (b) shall petition the court to retain jurisdiction for 6 foreclosure proceedings under this subsection. Notice of the 7 petition shall be served, by certified or registered mail, on 8 all persons who were served notice under subsection (a). The 9 court shall conduct a hearing on the petition not less than 10 15 days after the notice is served. If the court determines 11 that the requirements of this subsection (b) have been 12 satisfied, it shall grant the petition and retain 13 jurisdiction over the matter until the foreclosure proceeding 14 is completed. The costs of foreclosure incurred by the 15 county, including court costs, reasonable attorneys' fees, 16 advances to preserve the property, and other costs related to 17 the enforcement of this subsection, plus statutory interest, 18 are a lien on the real estate and are recoverable by the 19 county from the owner or owners of the real estate. If the 20 court denies the petition, the county may enforce the lien in 21 a separate action as provided in subsection (a). 22 All persons designated in Section 15-1501 of the Code of 23 Civil Procedure as necessary parties in a mortgage 24 foreclosure action shall be joined as parties before issuance 25 of an order of foreclosure. Persons designated in Section 26 15-1501 of the Code of Civil Procedure as permissible parties 27 may also be joined as parties in the action. 28 The provisions of Article XV of the Code of Civil 29 Procedure applicable to mortgage foreclosures shall apply to 30 the foreclosure of a lien under this subsection (b), except 31 to the extent that those provisions are inconsistent with 32 this subsection. For purposes of foreclosures of liens 33 under this subsection, however, the redemption period 34 described in subsection (b) of Section 15-1603 of the Code of HB1116 Engrossed -5- LRB9103608MWgc 1 Civil Procedure shall end 60 days after the date of entry of 2 the order of foreclosure. 3 (c) In addition to any other remedy provided by law, the 4 county board of any county may petition the circuit court to 5 have property declared abandoned under this subsection (c) 6 if: 7 (1) the property has been tax delinquent for 2 or 8 more years or bills for water service for the property 9 have been outstanding for 2 or more years; 10 (2) the property is unoccupied by persons legally 11 in possession; and 12 (3) the property contains a dangerous or unsafe 13 building. 14 All persons having an interest of record in the property, 15 including tax purchasers and beneficial owners of any 16 Illinois land trust having title to the property, shall be 17 named as defendants in the petition and shall be served with 18 process. In addition, service shall be had under Section 19 2-206 of the Code of Civil Procedure as in other cases 20 affecting property. 21 The county, however, may proceed under this subsection in 22 a proceeding brought under subsection (a). Notice of the 23 petition shall be served by certified or registered mail on 24 all persons who were served notice under subsection (a). 25 If the county proves that the conditions described in 26 this subsection exist and the owner of record of the property 27 does not enter an appearance in the action, or, if title to 28 the property is held by an Illinois land trust, if neither 29 the owner of record nor the owner of the beneficial interest 30 of the trust enters an appearance, the court shall declare 31 the property abandoned. 32 If that determination is made, notice shall be sent by 33 certified or registered mail to all persons having an 34 interest of record in the property, including tax purchasers HB1116 Engrossed -6- LRB9103608MWgc 1 and beneficial owners of any Illinois land trust having title 2 to the property, stating that title to the property will be 3 transferred to the county unless, within 30 days of the 4 notice, the owner of record enters an appearance in the 5 action, or unless any other person having an interest in the 6 property files with the court a request to demolish the 7 dangerous or unsafe building or to put the building in safe 8 condition. 9 If the owner of record enters an appearance in the action 10 within the 30 day period, the court shall vacate its order 11 declaring the property abandoned. In that case, the county 12 may amend its complaint in order to initiate proceedings 13 under subsection (a). 14 If a request to demolish or repair the building is filed 15 within the 30 day period, the court shall grant permission to 16 the requesting party to demolish the building within 30 days 17 or to restore the building to safe condition within 60 days 18 after the request is granted. An extension of that period 19 for up to 60 additional days may be given for good cause. If 20 more than one person with an interest in the property files a 21 timely request, preference shall be given to the person with 22 the lien or other interest of the highest priority. 23 If the requesting party proves to the court that the 24 building has been demolished or put in a safe condition 25 within the period of time granted by the court, the court 26 shall issue a quitclaim judicial deed for the property to the 27 requesting party, conveying only the interest of the owner of 28 record, upon proof of payment to the county of all costs 29 incurred by the county in connection with the action, 30 including but not limited to court costs, attorney's fees, 31 administrative costs, the costs, if any, associated with 32 building enclosure or removal, and receiver's certificates. 33 The interest in the property so conveyed shall be subject to 34 all liens and encumbrances on the property. In addition, if HB1116 Engrossed -7- LRB9103608MWgc 1 the interest is conveyed to a person holding a certificate of 2 purchase for the property under the Property Tax Code, the 3 conveyance shall be subject to the rights of redemption of 4 all persons entitled to redeem under that Act, including the 5 original owner of record. 6 If no person with an interest in the property files a 7 timely request or if the requesting party fails to demolish 8 the building or put the building in safe condition within the 9 time specified by the court, the county may petition the 10 court to issue a judicial deed for the property to the 11 county. A conveyance by judicial deed shall operate to 12 extinguish all existing ownership interests in, liens on, and 13 other interest in the property, including tax liens. 14 (d) Each county may use the provisions of this 15 subsection to expedite the removal of certain buildings that 16 are a continuing hazard to the community in which they are 17 located. 18 If a residential building is 2 stories or less in height 19 as defined by the county's building code, and the official 20 designated to be in charge of enforcing the county's building 21 code determines that the building is open and vacant and an 22 immediate and continuing hazard to the community in which the 23 building is located, then the official shall be authorized to 24 post a notice not less than 2 feet by 2 feet in size on the 25 front of the building. The notice shall be dated as of the 26 date of the posting and shall state that unless the building 27 is demolished, repaired, or enclosed, and unless any garbage, 28 debris, and other hazardous, noxious, or unhealthy substances 29 or materials are removed so that an immediate and continuing 30 hazard to the community no longer exists, then the building 31 may be demolished, repaired, or enclosed, or any garbage, 32 debris, and other hazardous, noxious, or unhealthy substances 33 or materials may be removed, by the county. 34 Not later than 30 days following the posting of the HB1116 Engrossed -8- LRB9103608MWgc 1 notice, the county shall do both of the following: 2 (1) Cause to be sent, by certified mail, return 3 receipt requested, a notice to all owners of record of 4 the property, the beneficial owners of any Illinois land 5 trust having title to the property, and all lienholders 6 of record in the property, stating the intent of the 7 county to demolish, repair, or enclose the building or 8 remove any garbage, debris, or other hazardous, noxious, 9 or unhealthy substances or materials if that action is 10 not taken by the owner or owners. 11 (2) Cause to be published, in a newspaper published 12 or circulated in the county where the building is 13 located, a notice setting forth (i) the permanent tax 14 index number and the address of the building, (ii) a 15 statement that the property is open and vacant and 16 constitutes an immediate and continuing hazard to the 17 community, and (iii) a statement that the county intends 18 to demolish, repair, or enclose the building or remove 19 any garbage, debris, or other hazardous, noxious, or 20 unhealthy substances or materials if the owner or owners 21 or lienholders of record fail to do so. This notice 22 shall be published for 3 consecutive days. 23 A person objecting to the proposed actions of the county 24 board may file his or her objection in an appropriate form in 25 a court of competent jurisdiction. 26 If the building is not demolished, repaired, or enclosed, 27 or the garbage, debris, or other hazardous, noxious, or 28 unhealthy substances or materials are not removed, within 30 29 days of mailing the notice to the owners of record, the 30 beneficial owners of any Illinois land trust having title to 31 the property, and all lienholders of record in the property, 32 or within 30 days of the last day of publication of the 33 notice, whichever is later, the county board shall have the 34 power to demolish, repair, or enclose the building or to HB1116 Engrossed -9- LRB9103608MWgc 1 remove any garbage, debris, or other hazardous, noxious, or 2 unhealthy substances or materials. 3 The county may proceed to demolish, repair, or enclose a 4 building or remove any garbage, debris, or other hazardous, 5 noxious, or unhealthy substances or materials under this 6 subsection within a 120-day period following the date of the 7 mailing of the notice if the appropriate official determines 8 that the demolition, repair, enclosure, or removal of any 9 garbage, debris, or other hazardous, noxious, or unhealthy 10 substances or materials is necessary to remedy the immediate 11 and continuing hazard. If, however, before the county 12 proceeds with any of the actions authorized by this 13 subsection, any person has sought a hearing under this 14 subsection before a court and has served a copy of the 15 complaint on the chief executive officer of the county, then 16 the county shall not proceed with the demolition, repair, 17 enclosure, or removal of garbage, debris, or other substances 18 until the court determines that that action is necessary to 19 remedy the hazard and issues an order authorizing the county 20 to do so. 21 Following the demolition, repair, or enclosure of a 22 building, or the removal of garbage, debris, or other 23 hazardous, noxious, or unhealthy substances or materials 24 under this subsection, the county may file a notice of lien 25 against the real estate for the cost of the demolition, 26 repair, enclosure, or removal within 180 days after the 27 repair, demolition, enclosure, or removal occurred, for the 28 cost and expense incurred, in the office of the recorder in 29 the county in which the real estate is located or in the 30 office of the registrar of titles of the county if the real 31 estate affected is registered under the Registered Titles 32 (Torrens) Act. The notice of lien shall consist of a sworn 33 statement setting forth (i) a description of the real estate, 34 such as the address or other description of the property, HB1116 Engrossed -10- LRB9103608MWgc 1 sufficient for its identification; (ii) the expenses incurred 2 by the county in undertaking the remedial actions authorized 3 under this subsection; (iii) the date or dates the expenses 4 were incurred by the county; (iv) a statement by the official 5 responsible for enforcing the building code that the building 6 was open and vacant and constituted an immediate and 7 continuing hazard to the community; (v) a statement by the 8 official that the required sign was posted on the building, 9 that notice was sent by certified mail to the owners of 10 record, and that notice was published in accordance with this 11 subsection; and (vi) a statement as to when and where the 12 notice was published. The lien authorized by this subsection 13 may thereafter be released or enforced by the county as 14 provided in subsection (a). 15 (e) In any case where a county has obtained a lien under 16 subsection (a), the county may also bring an action for a 17 money judgment against the owner or owners of the real estate 18 in the amount of the lien in the same manner as provided for 19 bringing causes of action in Article II of the Code of Civil 20 Procedure and, upon obtaining a judgment, file a judgment 21 lien against all of the real estate of the owner or owners 22 and enforce that lien as provided for in Article XII of the 23 Code of Civil Procedure. 24 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 25 90-517, eff. 8-22-97; revised 3-4-99.) 26 Section 10. The Illinois Municipal Code is amended by 27 changing Section 11-31-1 as follows: 28 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 29 Sec. 11-31-1. Demolition, repair, enclosure, or 30 remediation. 31 (a) The corporate authorities of each municipality may 32 demolish, repair, or enclose or cause the demolition, repair, HB1116 Engrossed -11- LRB9103608MWgc 1 or enclosure of dangerous and unsafe buildings or uncompleted 2 and abandoned buildings within the territory of the 3 municipality and may remove or cause the removal of garbage, 4 debris, and other hazardous, noxious, or unhealthy substances 5 or materials from those buildings. In any county having 6 adopted by referendum or otherwise a county health department 7 as provided by Division 5-25 of the Counties Code or its 8 predecessor, the county board of that county may exercise 9 those powers with regard to dangerous and unsafe buildings or 10 uncompleted and abandoned buildings within the territory of 11 any city, village, or incorporated town having less than 12 50,000 population. 13 The corporate authorities shall apply to the circuit 14 court of the county in which the building is located (i) for 15 an order authorizing action to be taken with respect to a 16 building if the owner or owners of the building, including 17 the lien holders of record, after at least 15 days' written 18 notice by mail so to do, have failed to put the building in a 19 safe condition or to demolish it or (ii) for an order 20 requiring the owner or owners of record to demolish, repair, 21 or enclose the building or to remove garbage, debris, and 22 other hazardous, noxious, or unhealthy substances or 23 materials from the building. It is not a defense to the 24 cause of action that the building is boarded up or otherwise 25 enclosed, although the court may order the defendant to have 26 the building boarded up or otherwise enclosed. Where, upon 27 diligent search, the identity or whereabouts of the owner or 28 owners of the building, including the lien holders of record, 29 is not ascertainable, notice mailed to the person or persons 30 in whose name the real estate was last assessed is sufficient 31 notice under this Section. 32 The hearing upon the application to the circuit court 33 shall be expedited by the court and shall be given precedence 34 over all other suits. Any person entitled to bring an action HB1116 Engrossed -12- LRB9103608MWgc 1 under subsection (b) shall have the right to intervene in an 2 action brought under this Section. 3 The cost of the demolition, repair, enclosure, or removal 4 incurred by the municipality, by an intervenor, or by a lien 5 holder of record, including court costs, attorney's fees, and 6 other costs related to the enforcement of this Section, is 7 recoverable from the owner or owners of the real estate or 8 the previous owner or both if the property was transferred 9 during the 15 day notice period and is a lien on the real 10 estate; the lien is superior to all prior existing liens and 11 encumbrances, except taxes, if, within 180 days after the 12 repair, demolition, enclosure, or removal, the municipality, 13 the lien holder of record, or the intervenor who incurred the 14 cost and expense shall file a notice of lien for the cost and 15 expense incurred in the office of the recorder in the county 16 in which the real estate is located or in the office of the 17 registrar of titles of the county if the real estate affected 18 is registered under the Registered Titles (Torrens) Act. 19 The notice must consist of a sworn statement setting out 20 (1) a description of the real estate sufficient for its 21 identification, (2) the amount of money representing the cost 22 and expense incurred, and (3) the date or dates when the cost 23 and expense was incurred by the municipality, the lien holder 24 of record, or the intervenor. Upon payment of the cost and 25 expense by the owner of or persons interested in the property 26 after the notice of lien has been filed, the lien shall be 27 released by the municipality, the person in whose name the 28 lien has been filed, or the assignee of the lien, and the 29 release may be filed of record as in the case of filing 30 notice of lien. Unless the lien is enforced under subsection 31 (c), the lien may be enforced by foreclosure proceedings as 32 in the case of mortgage foreclosures under Article XV of the 33 Code of Civil Procedure or mechanics' lien foreclosures. An 34 action to foreclose this lien may be commenced at any time HB1116 Engrossed -13- LRB9103608MWgc 1 after the date of filing of the notice of lien. The costs of 2 foreclosure incurred by the municipality, including court 3 costs, reasonable attorney's fees, advances to preserve the 4 property, and other costs related to the enforcement of this 5 subsection, plus statutory interest, are a lien on the real 6 estate and are recoverable by the municipality from the owner 7 or owners of the real estate. 8 All liens arising under this subsection (a) shall be 9 assignable. The assignee of the lien shall have the same 10 power to enforce the lien as the assigning party, except that 11 the lien may not be enforced under subsection (c). 12 If the appropriate official of any municipality 13 determines that any dangerous and unsafe building or 14 uncompleted and abandoned building within its territory 15 fulfills the requirements for an action by the municipality 16 under the Abandoned Housing Rehabilitation Act, the 17 municipality may petition under that Act in a proceeding 18 brought under this subsection. 19 (b) Any owner or tenant of real property within 1200 20 feet in any direction of any dangerous or unsafe building 21 located within the territory of a municipality with a 22 population of 500,000 or more may file with the appropriate 23 municipal authority a request that the municipality apply to 24 the circuit court of the county in which the building is 25 located for an order permitting the demolition, removal of 26 garbage, debris, and other noxious or unhealthy substances 27 and materials from, or repair or enclosure of the building in 28 the manner prescribed in subsection (a) of this Section. If 29 the municipality fails to institute an action in circuit 30 court within 90 days after the filing of the request, the 31 owner or tenant of real property within 1200 feet in any 32 direction of the building may institute an action in circuit 33 court seeking an order compelling the owner or owners of 34 record to demolish, remove garbage, debris, and other noxious HB1116 Engrossed -14- LRB9103608MWgc 1 or unhealthy substances and materials from, repair or enclose 2 or to cause to be demolished, have garbage, debris, and other 3 noxious or unhealthy substances and materials removed from, 4 repaired, or enclosed the building in question. A private 5 owner or tenant who institutes an action under the preceding 6 sentence shall not be required to pay any fee to the clerk of 7 the circuit court. The cost of repair, removal, demolition, 8 or enclosure shall be borne by the owner or owners of record 9 of the building. In the event the owner or owners of record 10 fail to demolish, remove garbage, debris, and other noxious 11 or unhealthy substances and materials from, repair, or 12 enclose the building within 90 days of the date the court 13 entered its order, the owner or tenant who instituted the 14 action may request that the court join the municipality as a 15 party to the action. The court may order the municipality to 16 demolish, remove materials from, repair, or enclose the 17 building, or cause that action to be taken upon the request 18 of any owner or tenant who instituted the action or upon the 19 municipality's request. The municipality may file, and the 20 court may approve, a plan for rehabilitating the building in 21 question. A court order authorizing the municipality to 22 demolish, remove materials from, repair, or enclose a 23 building, or cause that action to be taken, shall not 24 preclude the court from adjudging the owner or owners of 25 record of the building in contempt of court due to the 26 failure to comply with the order to demolish, remove garbage, 27 debris, and other noxious or unhealthy substances and 28 materials from, repair, or enclose the building. 29 If a municipality or a person or persons other than the 30 owner or owners of record pay the cost of demolition, removal 31 of garbage, debris, and other noxious or unhealthy substances 32 and materials, repair, or enclosure pursuant to a court 33 order, the cost, including court costs, attorney's fees, and 34 other costs related to the enforcement of this subsection, is HB1116 Engrossed -15- LRB9103608MWgc 1 recoverable from the owner or owners of the real estate and 2 is a lien on the real estate; the lien is superior to all 3 prior existing liens and encumbrances, except taxes, if, 4 within 180 days after the repair, removal, demolition, or 5 enclosure, the municipality or the person or persons who paid 6 the costs of demolition, removal, repair, or enclosure shall 7 file a notice of lien of the cost and expense incurred in the 8 office of the recorder in the county in which the real estate 9 is located or in the office of the registrar of the county if 10 the real estate affected is registered under the Registered 11 Titles (Torrens) Act. The notice shall be in a form as is 12 provided in subsection (a). An owner or tenant who 13 institutes an action in circuit court seeking an order to 14 compel the owner or owners of record to demolish, remove 15 materials from, repair, or enclose any dangerous or unsafe 16 building, or to cause that action to be taken under this 17 subsection may recover court costs and reasonable attorney's 18 fees for instituting the action from the owner or owners of 19 record of the building. Upon payment of the costs and 20 expenses by the owner of or a person interested in the 21 property after the notice of lien has been filed, the lien 22 shall be released by the municipality or the person in whose 23 name the lien has been filed or his or her assignee, and the 24 release may be filed of record as in the case of filing a 25 notice of lien. Unless the lien is enforced under subsection 26 (c), the lien may be enforced by foreclosure proceedings as 27 in the case of mortgage foreclosures under Article XV of the 28 Code of Civil Procedure or mechanics' lien foreclosures. An 29 action to foreclose this lien may be commenced at any time 30 after the date of filing of the notice of lien. The costs of 31 foreclosure incurred by the municipality, including court 32 costs, reasonable attorneys' fees, advances to preserve the 33 property, and other costs related to the enforcement of this 34 subsection, plus statutory interest, are a lien on the real HB1116 Engrossed -16- LRB9103608MWgc 1 estate and are recoverable by the municipality from the owner 2 or owners of the real estate. 3 All liens arising under the terms of this subsection (b) 4 shall be assignable. The assignee of the lien shall have the 5 same power to enforce the lien as the assigning party, except 6 that the lien may not be enforced under subsection (c). 7 (c) In any case where a municipality has obtained a lien 8 under subsection (a), (b), or (f), the municipality may 9 enforce the lien under this subsection (c) in the same 10 proceeding in which the lien is authorized. 11 A municipality desiring to enforce a lien under this 12 subsection (c) shall petition the court to retain 13 jurisdiction for foreclosure proceedings under this 14 subsection. Notice of the petition shall be served, by 15 certified or registered mail, on all persons who were served 16 notice under subsection (a), (b), or (f). The court shall 17 conduct a hearing on the petition not less than 15 days after 18 the notice is served. If the court determines that the 19 requirements of this subsection (c) have been satisfied, it 20 shall grant the petition and retain jurisdiction over the 21 matter until the foreclosure proceeding is completed. The 22 costs of foreclosure incurred by the municipality, including 23 court costs, reasonable attorneys' fees, advances to preserve 24 the property, and other costs related to the enforcement of 25 this subsection, plus statutory interest, are a lien on the 26 real estate and are recoverable by the municipality from the 27 owner or owners of the real estate. If the court denies the 28 petition, the municipality may enforce the lien in a separate 29 action as provided in subsection (a), (b), or (f). 30 All persons designated in Section 15-1501 of the Code of 31 Civil Procedure as necessary parties in a mortgage 32 foreclosure action shall be joined as parties before issuance 33 of an order of foreclosure. Persons designated in Section 34 15-1501 of the Code of Civil Procedure as permissible parties HB1116 Engrossed -17- LRB9103608MWgc 1 may also be joined as parties in the action. 2 The provisions of Article XV of the Code of Civil 3 Procedure applicable to mortgage foreclosures shall apply to 4 the foreclosure of a lien under this subsection (c), except 5 to the extent that those provisions are inconsistent with 6 this subsection. For purposes of foreclosures of liens 7 under this subsection, however, the redemption period 8 described in subsection (b) of Section 15-1603 of the Code of 9 Civil Procedure shall end 60 days after the date of entry of 10 the order of foreclosure. 11 (d) In addition to any other remedy provided by law, the 12 corporate authorities of any municipality may petition the 13 circuit court to have property declared abandoned under this 14 subsection (d) if: 15 (1) the property has been tax delinquent for 2 or 16 more years or bills for water service for the property 17 have been outstanding for 2 or more years; 18 (2) the property is unoccupied by persons legally 19 in possession; and 20 (3) the property contains a dangerous or unsafe 21 building. 22 All persons having an interest of record in the property, 23 including tax purchasers and beneficial owners of any 24 Illinois land trust having title to the property, shall be 25 named as defendants in the petition and shall be served with 26 process. In addition, service shall be had under Section 27 2-206 of the Code of Civil Procedure as in other cases 28 affecting property. 29 The municipality, however, may proceed under this 30 subsection in a proceeding brought under subsection (a) or 31 (b). Notice of the petition shall be served by certified or 32 registered mail on all persons who were served notice under 33 subsection (a) or (b). 34 If the municipality proves that the conditions described HB1116 Engrossed -18- LRB9103608MWgc 1 in this subsection exist and the owner of record of the 2 property does not enter an appearance in the action, or, if 3 title to the property is held by an Illinois land trust, if 4 neither the owner of record nor the owner of the beneficial 5 interest of the trust enters an appearance, the court shall 6 declare the property abandoned. 7 If that determination is made, notice shall be sent by 8 certified or registered mail to all persons having an 9 interest of record in the property, including tax purchasers 10 and beneficial owners of any Illinois land trust having title 11 to the property, stating that title to the property will be 12 transferred to the municipality unless, within 30 days of the 13 notice, the owner of record enters an appearance in the 14 action, or unless any other person having an interest in the 15 property files with the court a request to demolish the 16 dangerous or unsafe building or to put the building in safe 17 condition. 18 If the owner of record enters an appearance in the action 19 within the 30 day period, the court shall vacate its order 20 declaring the property abandoned. In that case, the 21 municipality may amend its complaint in order to initiate 22 proceedings under subsection (a). 23 If a request to demolish or repair the building is filed 24 within the 30 day period, the court shall grant permission to 25 the requesting party to demolish the building within 30 days 26 or to restore the building to safe condition within 60 days 27 after the request is granted. An extension of that period 28 for up to 60 additional days may be given for good cause. If 29 more than one person with an interest in the property files a 30 timely request, preference shall be given to the person with 31 the lien or other interest of the highest priority. 32 If the requesting party proves to the court that the 33 building has been demolished or put in a safe condition 34 within the period of time granted by the court, the court HB1116 Engrossed -19- LRB9103608MWgc 1 shall issue a quitclaim judicial deed for the property to the 2 requesting party, conveying only the interest of the owner of 3 record, upon proof of payment to the municipality of all 4 costs incurred by the municipality in connection with the 5 action, including but not limited to court costs, attorney's 6 fees, administrative costs, the costs, if any, associated 7 with building enclosure or removal, and receiver's 8 certificates. The interest in the property so conveyed shall 9 be subject to all liens and encumbrances on the property. In 10 addition, if the interest is conveyed to a person holding a 11 certificate of purchase for the property under the Property 12 Tax Code, the conveyance shall be subject to the rights of 13 redemption of all persons entitled to redeem under that Act, 14 including the original owner of record. 15 If no person with an interest in the property files a 16 timely request or if the requesting party fails to demolish 17 the building or put the building in safe condition within the 18 time specified by the court, the municipality may petition 19 the court to issue a judicial deed for the property to the 20 municipality. A conveyance by judicial deed shall operate to 21 extinguish all existing ownership interests in, liens on, and 22 other interest in the property, including tax liens. 23 (e) Each municipality may use the provisions of this 24 subsection to expedite the removal of certain buildings that 25 are a continuing hazard to the community in which they are 26 located. 27 If a residential or commercial building is 3 stories or 28 less in height as defined by the municipality's building 29 code, and the corporate official designated to be in charge 30 of enforcing the municipality's building code determines that 31 the building is open and vacant and an immediate and 32 continuing hazard to the community in which the building is 33 located, then the official shall be authorized to post a 34 notice not less than 2 feet by 2 feet in size on the front of HB1116 Engrossed -20- LRB9103608MWgc 1 the building. The notice shall be dated as of the date of 2 the posting and shall state that unless the building is 3 demolished, repaired, or enclosed, and unless any garbage, 4 debris, and other hazardous, noxious, or unhealthy substances 5 or materials are removed so that an immediate and continuing 6 hazard to the community no longer exists, then the building 7 may be demolished, repaired, or enclosed, or any garbage, 8 debris, and other hazardous, noxious, or unhealthy substances 9 or materials may be removed, by the municipality. 10 Not later than 30 days following the posting of the 11 notice, the municipality shall do both of the following: 12 (1) Cause to be sent, by certified mail, return 13 receipt requested, a notice to all owners of record of 14 the property, the beneficial owners of any Illinois land 15 trust having title to the property, and all lienholders 16 of record in the property, stating the intent of the 17 municipality to demolish, repair, or enclose the building 18 or remove any garbage, debris, or other hazardous, 19 noxious, or unhealthy substances or materials if that 20 action is not taken by the owner or owners. 21 (2) Cause to be published, in a newspaper published 22 or circulated in the municipality where the building is 23 located, a notice setting forth (i) the permanent tax 24 index number and the address of the building, (ii) a 25 statement that the property is open and vacant and 26 constitutes an immediate and continuing hazard to the 27 community, and (iii) a statement that the municipality 28 intends to demolish, repair, or enclose the building or 29 remove any garbage, debris, or other hazardous, noxious, 30 or unhealthy substances or materials if the owner or 31 owners or lienholders of record fail to do so. This 32 notice shall be published for 3 consecutive days. 33 A person objecting to the proposed actions of the 34 corporate authorities may file his or her objection in an HB1116 Engrossed -21- LRB9103608MWgc 1 appropriate form in a court of competent jurisdiction. 2 If the building is not demolished, repaired, or enclosed, 3 or the garbage, debris, or other hazardous, noxious, or 4 unhealthy substances or materials are not removed, within 30 5 days of mailing the notice to the owners of record, the 6 beneficial owners of any Illinois land trust having title to 7 the property, and all lienholders of record in the property, 8 or within 30 days of the last day of publication of the 9 notice, whichever is later, the corporate authorities shall 10 have the power to demolish, repair, or enclose the building 11 or to remove any garbage, debris, or other hazardous, 12 noxious, or unhealthy substances or materials. 13 The municipality may proceed to demolish, repair, or 14 enclose a building or remove any garbage, debris, or other 15 hazardous, noxious, or unhealthy substances or materials 16 under this subsection within a 120-day period following the 17 date of the mailing of the notice if the appropriate official 18 determines that the demolition, repair, enclosure, or removal 19 of any garbage, debris, or other hazardous, noxious, or 20 unhealthy substances or materials is necessary to remedy the 21 immediate and continuing hazard. If, however, before the 22 municipality proceeds with any of the actions authorized by 23 this subsection, any person has sought a hearing under this 24 subsection before a court and has served a copy of the 25 complaint on the chief executive officer of the municipality, 26 then the municipality shall not proceed with the demolition, 27 repair, enclosure, or removal of garbage, debris, or other 28 substances until the court determines that that action is 29 necessary to remedy the hazard and issues an order 30 authorizing the municipality to do so. 31 Following the demolition, repair, or enclosure of a 32 building, or the removal of garbage, debris, or other 33 hazardous, noxious, or unhealthy substances or materials 34 under this subsection, the municipality may file a notice of HB1116 Engrossed -22- LRB9103608MWgc 1 lien against the real estate for the cost of the demolition, 2 repair, enclosure, or removal within 180 days after the 3 repair, demolition, enclosure, or removal occurred, for the 4 cost and expense incurred, in the office of the recorder in 5 the county in which the real estate is located or in the 6 office of the registrar of titles of the county if the real 7 estate affected is registered under the Registered Titles 8 (Torrens) Act. The notice of lien shall consist of a sworn 9 statement setting forth (i) a description of the real estate, 10 such as the address or other description of the property, 11 sufficient for its identification; (ii) the expenses incurred 12 by the municipality in undertaking the remedial actions 13 authorized under this subsection; (iii) the date or dates the 14 expenses were incurred by the municipality; (iv) a statement 15 by the corporate official responsible for enforcing the 16 building code that the building was open and vacant and 17 constituted an immediate and continuing hazard to the 18 community; (v) a statement by the corporate official that the 19 required sign was posted on the building, that notice was 20 sent by certified mail to the owners of record, and that 21 notice was published in accordance with this subsection; and 22 (vi) a statement as to when and where the notice was 23 published. The lien authorized by this subsection may 24 thereafter be released or enforced by the municipality as 25 provided in subsection (a). 26 (f) The corporate authorities of each municipality may 27 remove or cause the removal of, or otherwise environmentally 28 remediate hazardous substances on, in, or under any abandoned 29 and unsafe property within the territory of a municipality. 30 In addition, where preliminary evidence indicates the 31 presence or likely presence of a hazardous substance or a 32 release or a substantial threat of a release of a hazardous 33 substance on, in, or under the property, the corporate 34 authorities of the municipality may inspect the property and HB1116 Engrossed -23- LRB9103608MWgc 1 test for the presence or release of hazardous substances. In 2 any county having adopted by referendum or otherwise a county 3 health department as provided by Division 5-25 of the 4 Counties Code or its predecessor, the county board of that 5 county may exercise the above-described powers with regard to 6 property within the territory of any city, village, or 7 incorporated town having less than 50,000 population. 8 For purposes of this subsection (f): 9 (1) "property" or "real estate" means all real 10 property, whether or not improved by a structure; 11 (2) "abandoned" means; 12 (A) the property has been tax delinquent for 2 13 or more years; 14 (B) the property is unoccupied by persons 15 legally in possession; and 16 (3) "unsafe" means property that presents an actual 17 or imminent threat to public health and safety caused by 18 the release of hazardous substances; and 19 (4) "hazardous substances" means the same as in 20 Section 3.14 of the Environmental Protection Act. 21 The corporate authorities shall apply to the circuit 22 court of the county in which the property is located (i) for 23 an order allowing the municipality to enter the property and 24 inspect and test substances on, in, or under the property; or 25 (ii) for an order authorizing the corporate authorities to 26 take action with respect to remediation of the property if 27 conditions on the property, based on the inspection and 28 testing authorized in paragraph (i), indicate the presence of 29 hazardous substances. Remediation shall be deemed complete 30 for purposes of paragraph (ii) above when the property 31 satisfies Tier I, II, or III remediation objectives for the 32 property's most recent usage, as established by the 33 Environmental Protection Act, and the rules and regulations 34 promulgated thereunder. Where, upon diligent search, the HB1116 Engrossed -24- LRB9103608MWgc 1 identity or whereabouts of the owner or owners of the 2 property, including the lien holders of record, is not 3 ascertainable, notice mailed to the person or persons in 4 whose name the real estate was last assessed is sufficient 5 notice under this Section. 6 The court shall grant an order authorizing testing under 7 paragraph (i) above upon a showing of preliminary evidence 8 indicating the presence or likely presence of a hazardous 9 substance or a release of or a substantial threat of a 10 release of a hazardous substance on, in, or under abandoned 11 property. The preliminary evidence may include, but is not 12 limited to, evidence of prior use, visual site inspection, or 13 records of prior environmental investigations. The testing 14 authorized by paragraph (i) above shall include any type of 15 investigation which is necessary for an environmental 16 professional to determine the environmental condition of the 17 property, including but not limited to performance of soil 18 borings and groundwater monitoring. The court shall grant a 19 remediation order under paragraph (ii) above where testing of 20 the property indicates that it fails to meet the applicable 21 remediation objectives. The hearing upon the application to 22 the circuit court shall be expedited by the court and shall 23 be given precedence over all other suits. 24 The cost of the inspection, testing, or remediation 25 incurred by the municipality or by a lien holder of record, 26 including court costs, attorney's fees, and other costs 27 related to the enforcement of this Section, is a lien on the 28 real estate; except that in any instances where a 29 municipality incurs costs of inspection and testing but finds 30 no hazardous substances on the property that present an 31 actual or imminent threat to public health and safety, such 32 costs are not recoverable from the owners nor are such costs 33 a lien on the real estate. The lien is superior to all prior 34 existing liens and encumbrances, except taxes and any lien HB1116 Engrossed -25- LRB9103608MWgc 1 obtained under subsection (a) or (e), if, within 180 days 2 after the completion of the inspection, testing, or 3 remediation, the municipality or the lien holder of record 4 who incurred the cost and expense shall file a notice of lien 5 for the cost and expense incurred in the office of the 6 recorder in the county in which the real estate is located or 7 in the office of the registrar of titles of the county if the 8 real estate affected is registered under the Registered 9 Titles (Torrens) Act. 10 The notice must consist of a sworn statement setting out 11 (i) a description of the real estate sufficient for its 12 identification, (ii) the amount of money representing the 13 cost and expense incurred, and (iii) the date or dates when 14 the cost and expense was incurred by the municipality or the 15 lien holder of record. Upon payment of the lien amount by 16 the owner of or persons interested in the property after the 17 notice of lien has been filed, a release of lien shall be 18 issued by the municipality, the person in whose name the lien 19 has been filed, or the assignee of the lien, and the release 20 may be filed of record as in the case of filing notice of 21 lien. 22 The lien may be enforced under subsection (c) or by 23 foreclosure proceedings as in the case of mortgage 24 foreclosures under Article XV of the Code of Civil Procedure 25 or mechanics' lien foreclosures; provided that where the lien 26 is enforced by foreclosure under subsection (c) or under 27 either statute, the municipality may not proceed against the 28 other assets of the owner or owners of the real estate for 29 any costs that otherwise would be recoverable under this 30 Section but that remain unsatisfied after foreclosure except 31 where such additional recovery is authorized by separate 32 environmental laws. An action to foreclose this lien may be 33 commenced at any time after the date of filing of the notice 34 of lien. The costs of foreclosure incurred by the HB1116 Engrossed -26- LRB9103608MWgc 1 municipality, including court costs, reasonable attorney's 2 fees, advances to preserve the property, and other costs 3 related to the enforcement of this subsection, plus statutory 4 interest, are a lien on the real estate. 5 All liens arising under this subsection (f) shall be 6 assignable. The assignee of the lien shall have the same 7 power to enforce the lien as the assigning party, except that 8 the lien may not be enforced under subsection (c). 9 (g) In any case where a municipality has obtained a lien 10 under subsection (a), the municipality may also bring an 11 action for a money judgment against the owner or owners of 12 the real estate in the amount of the lien in the same manner 13 as provided for bringing causes of action in Article II of 14 the Code of Civil Procedure and, upon obtaining a judgment, 15 file a judgment lien against all of the real estate of the 16 owner or owners and enforce that lien as provided for in 17 Article XII of the Code of Civil Procedure. 18 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 19 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)