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91_HB1116ham001
LRB9103608MWpkam
1 AMENDMENT TO HOUSE BILL 1116
2 AMENDMENT NO. . Amend House Bill 1116 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Counties Code is amended by changing
5 Section 5-1121 as follows:
6 (55 ILCS 5/5-1121)
7 Sec. 5-1121. Demolition, repair, or enclosure.
8 (a) The county board of each county may upon a formal
9 request by the city, village or incorporated town demolish,
10 repair, or enclose or cause the demolition, repair, or
11 enclosure of dangerous and unsafe buildings or uncompleted
12 and abandoned buildings within the territory of the county,
13 but outside the territory of any municipality, and may remove
14 or cause the removal of garbage, debris, and other hazardous,
15 noxious, or unhealthy substances or materials from those
16 buildings. In any county having adopted, by referendum or
17 otherwise, a county health department as provided by Division
18 5-25 of the Counties Code or its predecessor, the county
19 board of any such county may upon a formal request by the
20 city, village, or incorporated town demolish, repair or cause
21 the demolition or repair of dangerous and unsafe buildings or
22 uncompleted and abandoned buildings within the territory of
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1 any city, village, or incorporated town having a population
2 of less than 50,000.
3 The county board shall apply to the circuit court of the
4 county in which the building is located (i) for an order
5 authorizing action to be taken with respect to a building if
6 the owner or owners of the building, including the lien
7 holders of record, after at least 15 days' written notice by
8 mail to do so, have failed to commence proceedings to put the
9 building in a safe condition or to demolish it or (ii) for an
10 order requiring the owner or owners of record to demolish,
11 repair, or enclose the building or to remove garbage, debris,
12 and other hazardous, noxious, or unhealthy substances or
13 materials from the building. It is not a defense to the
14 cause of action that the building is boarded up or otherwise
15 enclosed, although the court may order the defendant to have
16 the building boarded up or otherwise enclosed. Where, upon
17 diligent search, the identity or whereabouts of the owner or
18 owners of the building, including the lien holders of record,
19 is not ascertainable, notice mailed to the person or persons
20 in whose name the real estate was last assessed and the
21 posting of such notice upon the premises sought to be
22 demolished or repaired is sufficient notice under this
23 Section.
24 The hearing upon the application to the circuit court
25 shall be expedited by the court and shall be given precedence
26 over all other suits.
27 The cost of the demolition, repair, enclosure, or removal
28 incurred by the county, by an intervenor, or by a lien holder
29 of record, including court costs, attorney's fees, and other
30 costs related to the enforcement of this Section, is
31 recoverable from the owner or owners of the real estate or
32 the previous owner or both if the property was transferred
33 during the 15 day notice period and is a lien on the real
34 estate; the lien is superior to all prior existing liens and
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1 encumbrances, except taxes, if, within 180 days after the
2 repair, demolition, enclosure, or removal, the county, the
3 lien holder of record, or the intervenor who incurred the
4 cost and expense shall file a notice of lien for the cost and
5 expense incurred in the office of the recorder in the county
6 in which the real estate is located or in the office of the
7 registrar of titles of the county if the real estate affected
8 is registered under the Registered Titles (Torrens) Act.
9 The notice must consist of a sworn statement setting out
10 (1) a description of the real estate sufficient for its
11 identification, (2) the amount of money representing the cost
12 and expense incurred, and (3) the date or dates when the cost
13 and expense was incurred by the county, the lien holder of
14 record, or the intervenor. Upon payment of the cost and
15 expense by the owner of or persons interested in the property
16 after the notice of lien has been filed, the lien shall be
17 released by the county, the person in whose name the lien has
18 been filed, or the assignee of the lien, and the release may
19 be filed of record as in the case of filing notice of lien.
20 Unless the lien is enforced under subsection (b), the lien
21 may be enforced by foreclosure proceedings as in the case of
22 mortgage foreclosures under Article XV of the Code of Civil
23 Procedure or mechanics' lien foreclosures. An action to
24 foreclose this lien may be commenced at any time after the
25 date of filing of the notice of lien. The costs of
26 foreclosure incurred by the county, including court costs,
27 reasonable attorney's fees, advances to preserve the
28 property, and other costs related to the enforcement of this
29 subsection, plus statutory interest, are a lien on the real
30 estate and are recoverable by the county from the owner or
31 owners of the real estate.
32 All liens arising under this subsection (a) shall be
33 assignable. The assignee of the lien shall have the same
34 power to enforce the lien as the assigning party, except that
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1 the lien may not be enforced under subsection (b).
2 If the appropriate official of any county determines that
3 any dangerous and unsafe building or uncompleted and
4 abandoned building within its territory fulfills the
5 requirements for an action by the county under the Abandoned
6 Housing Rehabilitation Act, the county may petition under
7 that Act in a proceeding brought under this subsection.
8 (b) In any case where a county has obtained a lien under
9 subsection (a), the county may enforce the lien under this
10 subsection (b) in the same proceeding in which the lien is
11 authorized.
12 A county desiring to enforce a lien under this subsection
13 (b) shall petition the court to retain jurisdiction for
14 foreclosure proceedings under this subsection. Notice of the
15 petition shall be served, by certified or registered mail, on
16 all persons who were served notice under subsection (a). The
17 court shall conduct a hearing on the petition not less than
18 15 days after the notice is served. If the court determines
19 that the requirements of this subsection (b) have been
20 satisfied, it shall grant the petition and retain
21 jurisdiction over the matter until the foreclosure proceeding
22 is completed. The costs of foreclosure incurred by the
23 county, including court costs, reasonable attorneys' fees,
24 advances to preserve the property, and other costs related to
25 the enforcement of this subsection, plus statutory interest,
26 are a lien on the real estate and are recoverable by the
27 county from the owner or owners of the real estate. If the
28 court denies the petition, the county may enforce the lien in
29 a separate action as provided in subsection (a).
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
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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 (b), 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 (c) In addition to any other remedy provided by law, the
12 county board of any county may petition the circuit court to
13 have property declared abandoned under this subsection (c)
14 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 county, however, may proceed under this subsection in
30 a proceeding brought under subsection (a). Notice of the
31 petition shall be served by certified or registered mail on
32 all persons who were served notice under subsection (a).
33 If the county proves that the conditions described in
34 this subsection exist and the owner of record of the property
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1 does not enter an appearance in the action, or, if title to
2 the property is held by an Illinois land trust, if neither
3 the owner of record nor the owner of the beneficial interest
4 of the trust enters an appearance, the court shall declare
5 the property abandoned.
6 If that determination is made, notice shall be sent by
7 certified or registered mail to all persons having an
8 interest of record in the property, including tax purchasers
9 and beneficial owners of any Illinois land trust having title
10 to the property, stating that title to the property will be
11 transferred to the county unless, within 30 days of the
12 notice, the owner of record enters an appearance in the
13 action, or unless any other person having an interest in the
14 property files with the court a request to demolish the
15 dangerous or unsafe building or to put the building in safe
16 condition.
17 If the owner of record enters an appearance in the action
18 within the 30 day period, the court shall vacate its order
19 declaring the property abandoned. In that case, the county
20 may amend its complaint in order to initiate proceedings
21 under subsection (a).
22 If a request to demolish or repair the building is filed
23 within the 30 day period, the court shall grant permission to
24 the requesting party to demolish the building within 30 days
25 or to restore the building to safe condition within 60 days
26 after the request is granted. An extension of that period
27 for up to 60 additional days may be given for good cause. If
28 more than one person with an interest in the property files a
29 timely request, preference shall be given to the person with
30 the lien or other interest of the highest priority.
31 If the requesting party proves to the court that the
32 building has been demolished or put in a safe condition
33 within the period of time granted by the court, the court
34 shall issue a quitclaim judicial deed for the property to the
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1 requesting party, conveying only the interest of the owner of
2 record, upon proof of payment to the county of all costs
3 incurred by the county in connection with the action,
4 including but not limited to court costs, attorney's fees,
5 administrative costs, the costs, if any, associated with
6 building enclosure or removal, and receiver's certificates.
7 The interest in the property so conveyed shall be subject to
8 all liens and encumbrances on the property. In addition, if
9 the interest is conveyed to a person holding a certificate of
10 purchase for the property under the Property Tax Code, the
11 conveyance shall be subject to the rights of redemption of
12 all persons entitled to redeem under that Act, including the
13 original owner of record.
14 If no person with an interest in the property files a
15 timely request or if the requesting party fails to demolish
16 the building or put the building in safe condition within the
17 time specified by the court, the county may petition the
18 court to issue a judicial deed for the property to the
19 county. A conveyance by judicial deed shall operate to
20 extinguish all existing ownership interests in, liens on, and
21 other interest in the property, including tax liens.
22 (d) Each county may use the provisions of this
23 subsection to expedite the removal of certain buildings that
24 are a continuing hazard to the community in which they are
25 located.
26 If a residential building is 2 stories or less in height
27 as defined by the county's building code, and the official
28 designated to be in charge of enforcing the county's building
29 code determines that the building is open and vacant and an
30 immediate and continuing hazard to the community in which the
31 building is located, then the official shall be authorized to
32 post a notice not less than 2 feet by 2 feet in size on the
33 front of the building. The notice shall be dated as of the
34 date of the posting and shall state that unless the building
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1 is demolished, repaired, or enclosed, and unless any garbage,
2 debris, and other hazardous, noxious, or unhealthy substances
3 or materials are removed so that an immediate and continuing
4 hazard to the community no longer exists, then the building
5 may be demolished, repaired, or enclosed, or any garbage,
6 debris, and other hazardous, noxious, or unhealthy substances
7 or materials may be removed, by the county.
8 Not later than 30 days following the posting of the
9 notice, the county shall do both of the following:
10 (1) Cause to be sent, by certified mail, return
11 receipt requested, a notice to all owners of record of
12 the property, the beneficial owners of any Illinois land
13 trust having title to the property, and all lienholders
14 of record in the property, stating the intent of the
15 county to demolish, repair, or enclose the building or
16 remove any garbage, debris, or other hazardous, noxious,
17 or unhealthy substances or materials if that action is
18 not taken by the owner or owners.
19 (2) Cause to be published, in a newspaper published
20 or circulated in the county where the building is
21 located, a notice setting forth (i) the permanent tax
22 index number and the address of the building, (ii) a
23 statement that the property is open and vacant and
24 constitutes an immediate and continuing hazard to the
25 community, and (iii) a statement that the county intends
26 to demolish, repair, or enclose the building or remove
27 any garbage, debris, or other hazardous, noxious, or
28 unhealthy substances or materials if the owner or owners
29 or lienholders of record fail to do so. This notice
30 shall be published for 3 consecutive days.
31 A person objecting to the proposed actions of the county
32 board may file his or her objection in an appropriate form in
33 a court of competent jurisdiction.
34 If the building is not demolished, repaired, or enclosed,
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1 or the garbage, debris, or other hazardous, noxious, or
2 unhealthy substances or materials are not removed, within 30
3 days of mailing the notice to the owners of record, the
4 beneficial owners of any Illinois land trust having title to
5 the property, and all lienholders of record in the property,
6 or within 30 days of the last day of publication of the
7 notice, whichever is later, the county board shall have the
8 power to demolish, repair, or enclose the building or to
9 remove any garbage, debris, or other hazardous, noxious, or
10 unhealthy substances or materials.
11 The county may proceed to demolish, repair, or enclose a
12 building or remove any garbage, debris, or other hazardous,
13 noxious, or unhealthy substances or materials under this
14 subsection within a 120-day period following the date of the
15 mailing of the notice if the appropriate official determines
16 that the demolition, repair, enclosure, or removal of any
17 garbage, debris, or other hazardous, noxious, or unhealthy
18 substances or materials is necessary to remedy the immediate
19 and continuing hazard. If, however, before the county
20 proceeds with any of the actions authorized by this
21 subsection, any person has sought a hearing under this
22 subsection before a court and has served a copy of the
23 complaint on the chief executive officer of the county, then
24 the county shall not proceed with the demolition, repair,
25 enclosure, or removal of garbage, debris, or other substances
26 until the court determines that that action is necessary to
27 remedy the hazard and issues an order authorizing the county
28 to do so.
29 Following the demolition, repair, or enclosure of a
30 building, or the removal of garbage, debris, or other
31 hazardous, noxious, or unhealthy substances or materials
32 under this subsection, the county may file a notice of lien
33 against the real estate for the cost of the demolition,
34 repair, enclosure, or removal within 180 days after the
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1 repair, demolition, enclosure, or removal occurred, for the
2 cost and expense incurred, in the office of the recorder in
3 the county in which the real estate is located or in the
4 office of the registrar of titles of the county if the real
5 estate affected is registered under the Registered Titles
6 (Torrens) Act. The notice of lien shall consist of a sworn
7 statement setting forth (i) a description of the real estate,
8 such as the address or other description of the property,
9 sufficient for its identification; (ii) the expenses incurred
10 by the county in undertaking the remedial actions authorized
11 under this subsection; (iii) the date or dates the expenses
12 were incurred by the county; (iv) a statement by the official
13 responsible for enforcing the building code that the building
14 was open and vacant and constituted an immediate and
15 continuing hazard to the community; (v) a statement by the
16 official that the required sign was posted on the building,
17 that notice was sent by certified mail to the owners of
18 record, and that notice was published in accordance with this
19 subsection; and (vi) a statement as to when and where the
20 notice was published. The lien authorized by this subsection
21 may thereafter be released or enforced by the county as
22 provided in subsection (a).
23 (e) In any case where a county has obtained a lien under
24 subsection (a), the county may also bring an action for a
25 money judgment against the owner or owners of the real estate
26 in the amount of the lien in the same manner as provided for
27 bringing causes of action in Article II of the Code of Civil
28 Procedure and, upon obtaining a judgment, file a judgment
29 lien against all of the real estate of the owner or owners
30 and enforce that lien as provided for in Article XII of the
31 Code of Civil Procedure.
32 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97;
33 90-517, eff. 8-22-97; revised 3-4-99.)
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1 Section 10. The Illinois Municipal Code is amended by
2 changing Section 11-31-1 as follows:
3 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
4 Sec. 11-31-1. Demolition, repair, enclosure, or
5 remediation.
6 (a) The corporate authorities of each municipality may
7 demolish, repair, or enclose or cause the demolition, repair,
8 or enclosure of dangerous and unsafe buildings or uncompleted
9 and abandoned buildings within the territory of the
10 municipality and may remove or cause the removal of garbage,
11 debris, and other hazardous, noxious, or unhealthy substances
12 or materials from those buildings. In any county having
13 adopted by referendum or otherwise a county health department
14 as provided by Division 5-25 of the Counties Code or its
15 predecessor, the county board of that county may exercise
16 those powers with regard to dangerous and unsafe buildings or
17 uncompleted and abandoned buildings within the territory of
18 any city, village, or incorporated town having less than
19 50,000 population.
20 The corporate authorities shall apply to the circuit
21 court of the county in which the building is located (i) for
22 an order authorizing action to be taken with respect to a
23 building if the owner or owners of the building, including
24 the lien holders of record, after at least 15 days' written
25 notice by mail so to do, have failed to put the building in a
26 safe condition or to demolish it or (ii) for an order
27 requiring the owner or owners of record to demolish, repair,
28 or enclose the building or to remove garbage, debris, and
29 other hazardous, noxious, or unhealthy substances or
30 materials from the building. It is not a defense to the
31 cause of action that the building is boarded up or otherwise
32 enclosed, although the court may order the defendant to have
33 the building boarded up or otherwise enclosed. Where, upon
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1 diligent search, the identity or whereabouts of the owner or
2 owners of the building, including the lien holders of record,
3 is not ascertainable, notice mailed to the person or persons
4 in whose name the real estate was last assessed is sufficient
5 notice under this Section.
6 The hearing upon the application to the circuit court
7 shall be expedited by the court and shall be given precedence
8 over all other suits. Any person entitled to bring an action
9 under subsection (b) shall have the right to intervene in an
10 action brought under this Section.
11 The cost of the demolition, repair, enclosure, or removal
12 incurred by the municipality, by an intervenor, or by a lien
13 holder of record, including court costs, attorney's fees, and
14 other costs related to the enforcement of this Section, is
15 recoverable from the owner or owners of the real estate or
16 the previous owner or both if the property was transferred
17 during the 15 day notice period and is a lien on the real
18 estate; the lien is superior to all prior existing liens and
19 encumbrances, except taxes, if, within 180 days after the
20 repair, demolition, enclosure, or removal, the municipality,
21 the lien holder of record, or the intervenor who incurred the
22 cost and expense shall file a notice of lien for the cost and
23 expense incurred in the office of the recorder in the county
24 in which the real estate is located or in the office of the
25 registrar of titles of the county if the real estate affected
26 is registered under the Registered Titles (Torrens) Act.
27 The notice must consist of a sworn statement setting out
28 (1) a description of the real estate sufficient for its
29 identification, (2) the amount of money representing the cost
30 and expense incurred, and (3) the date or dates when the cost
31 and expense was incurred by the municipality, the lien holder
32 of record, or the intervenor. Upon payment of the cost and
33 expense by the owner of or persons interested in the property
34 after the notice of lien has been filed, the lien shall be
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1 released by the municipality, the person in whose name the
2 lien has been filed, or the assignee of the lien, and the
3 release may be filed of record as in the case of filing
4 notice of lien. Unless the lien is enforced under subsection
5 (c), the lien may be enforced by foreclosure proceedings as
6 in the case of mortgage foreclosures under Article XV of the
7 Code of Civil Procedure or mechanics' lien foreclosures. An
8 action to foreclose this lien may be commenced at any time
9 after the date of filing of the notice of lien. The costs of
10 foreclosure incurred by the municipality, including court
11 costs, reasonable attorney's fees, advances to preserve the
12 property, and other costs related to the enforcement of this
13 subsection, plus statutory interest, are a lien on the real
14 estate and are recoverable by the municipality from the owner
15 or owners of the real estate.
16 All liens arising under this subsection (a) shall be
17 assignable. The assignee of the lien shall have the same
18 power to enforce the lien as the assigning party, except that
19 the lien may not be enforced under subsection (c).
20 If the appropriate official of any municipality
21 determines that any dangerous and unsafe building or
22 uncompleted and abandoned building within its territory
23 fulfills the requirements for an action by the municipality
24 under the Abandoned Housing Rehabilitation Act, the
25 municipality may petition under that Act in a proceeding
26 brought under this subsection.
27 (b) Any owner or tenant of real property within 1200
28 feet in any direction of any dangerous or unsafe building
29 located within the territory of a municipality with a
30 population of 500,000 or more may file with the appropriate
31 municipal authority a request that the municipality apply to
32 the circuit court of the county in which the building is
33 located for an order permitting the demolition, removal of
34 garbage, debris, and other noxious or unhealthy substances
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1 and materials from, or repair or enclosure of the building in
2 the manner prescribed in subsection (a) of this Section. If
3 the municipality fails to institute an action in circuit
4 court within 90 days after the filing of the request, the
5 owner or tenant of real property within 1200 feet in any
6 direction of the building may institute an action in circuit
7 court seeking an order compelling the owner or owners of
8 record to demolish, remove garbage, debris, and other noxious
9 or unhealthy substances and materials from, repair or enclose
10 or to cause to be demolished, have garbage, debris, and other
11 noxious or unhealthy substances and materials removed from,
12 repaired, or enclosed the building in question. A private
13 owner or tenant who institutes an action under the preceding
14 sentence shall not be required to pay any fee to the clerk of
15 the circuit court. The cost of repair, removal, demolition,
16 or enclosure shall be borne by the owner or owners of record
17 of the building. In the event the owner or owners of record
18 fail to demolish, remove garbage, debris, and other noxious
19 or unhealthy substances and materials from, repair, or
20 enclose the building within 90 days of the date the court
21 entered its order, the owner or tenant who instituted the
22 action may request that the court join the municipality as a
23 party to the action. The court may order the municipality to
24 demolish, remove materials from, repair, or enclose the
25 building, or cause that action to be taken upon the request
26 of any owner or tenant who instituted the action or upon the
27 municipality's request. The municipality may file, and the
28 court may approve, a plan for rehabilitating the building in
29 question. A court order authorizing the municipality to
30 demolish, remove materials from, repair, or enclose a
31 building, or cause that action to be taken, shall not
32 preclude the court from adjudging the owner or owners of
33 record of the building in contempt of court due to the
34 failure to comply with the order to demolish, remove garbage,
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1 debris, and other noxious or unhealthy substances and
2 materials from, repair, or enclose the building.
3 If a municipality or a person or persons other than the
4 owner or owners of record pay the cost of demolition, removal
5 of garbage, debris, and other noxious or unhealthy substances
6 and materials, repair, or enclosure pursuant to a court
7 order, the cost, including court costs, attorney's fees, and
8 other costs related to the enforcement of this subsection, is
9 recoverable from the owner or owners of the real estate and
10 is a lien on the real estate; the lien is superior to all
11 prior existing liens and encumbrances, except taxes, if,
12 within 180 days after the repair, removal, demolition, or
13 enclosure, the municipality or the person or persons who paid
14 the costs of demolition, removal, repair, or enclosure shall
15 file a notice of lien of the cost and expense incurred in the
16 office of the recorder in the county in which the real estate
17 is located or in the office of the registrar of the county if
18 the real estate affected is registered under the Registered
19 Titles (Torrens) Act. The notice shall be in a form as is
20 provided in subsection (a). An owner or tenant who
21 institutes an action in circuit court seeking an order to
22 compel the owner or owners of record to demolish, remove
23 materials from, repair, or enclose any dangerous or unsafe
24 building, or to cause that action to be taken under this
25 subsection may recover court costs and reasonable attorney's
26 fees for instituting the action from the owner or owners of
27 record of the building. Upon payment of the costs and
28 expenses by the owner of or a person interested in the
29 property after the notice of lien has been filed, the lien
30 shall be released by the municipality or the person in whose
31 name the lien has been filed or his or her assignee, and the
32 release may be filed of record as in the case of filing a
33 notice of lien. Unless the lien is enforced under subsection
34 (c), the lien may be enforced by foreclosure proceedings as
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1 in the case of mortgage foreclosures under Article XV of the
2 Code of Civil Procedure or mechanics' lien foreclosures. An
3 action to foreclose this lien may be commenced at any time
4 after the date of filing of the notice of lien. The costs of
5 foreclosure incurred by the municipality, including court
6 costs, reasonable attorneys' fees, advances to preserve the
7 property, and other costs related to the enforcement of this
8 subsection, plus statutory interest, are a lien on the real
9 estate and are recoverable by the municipality from the owner
10 or owners of the real estate.
11 All liens arising under the terms of this subsection (b)
12 shall be assignable. The assignee of the lien shall have the
13 same power to enforce the lien as the assigning party, except
14 that the lien may not be enforced under subsection (c).
15 (c) In any case where a municipality has obtained a lien
16 under subsection (a), (b), or (f), the municipality may
17 enforce the lien under this subsection (c) in the same
18 proceeding in which the lien is authorized.
19 A municipality desiring to enforce a lien under this
20 subsection (c) shall petition the court to retain
21 jurisdiction for foreclosure proceedings under this
22 subsection. Notice of the petition shall be served, by
23 certified or registered mail, on all persons who were served
24 notice under subsection (a), (b), or (f). The court shall
25 conduct a hearing on the petition not less than 15 days after
26 the notice is served. If the court determines that the
27 requirements of this subsection (c) have been satisfied, it
28 shall grant the petition and retain jurisdiction over the
29 matter until the foreclosure proceeding is completed. The
30 costs of foreclosure incurred by the municipality, including
31 court costs, reasonable attorneys' fees, advances to preserve
32 the property, and other costs related to the enforcement of
33 this subsection, plus statutory interest, are a lien on the
34 real estate and are recoverable by the municipality from the
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1 owner or owners of the real estate. If the court denies the
2 petition, the municipality may enforce the lien in a separate
3 action as provided in subsection (a), (b), or (f).
4 All persons designated in Section 15-1501 of the Code of
5 Civil Procedure as necessary parties in a mortgage
6 foreclosure action shall be joined as parties before issuance
7 of an order of foreclosure. Persons designated in Section
8 15-1501 of the Code of Civil Procedure as permissible parties
9 may also be joined as parties in the action.
10 The provisions of Article XV of the Code of Civil
11 Procedure applicable to mortgage foreclosures shall apply to
12 the foreclosure of a lien under this subsection (c), except
13 to the extent that those provisions are inconsistent with
14 this subsection. For purposes of foreclosures of liens
15 under this subsection, however, the redemption period
16 described in subsection (b) of Section 15-1603 of the Code of
17 Civil Procedure shall end 60 days after the date of entry of
18 the order of foreclosure.
19 (d) In addition to any other remedy provided by law, the
20 corporate authorities of any municipality may petition the
21 circuit court to have property declared abandoned under this
22 subsection (d) if:
23 (1) the property has been tax delinquent for 2 or
24 more years or bills for water service for the property
25 have been outstanding for 2 or more years;
26 (2) the property is unoccupied by persons legally
27 in possession; and
28 (3) the property contains a dangerous or unsafe
29 building.
30 All persons having an interest of record in the property,
31 including tax purchasers and beneficial owners of any
32 Illinois land trust having title to the property, shall be
33 named as defendants in the petition and shall be served with
34 process. In addition, service shall be had under Section
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1 2-206 of the Code of Civil Procedure as in other cases
2 affecting property.
3 The municipality, however, may proceed under this
4 subsection in a proceeding brought under subsection (a) or
5 (b). Notice of the petition shall be served by certified or
6 registered mail on all persons who were served notice under
7 subsection (a) or (b).
8 If the municipality proves that the conditions described
9 in this subsection exist and the owner of record of the
10 property does not enter an appearance in the action, or, if
11 title to the property is held by an Illinois land trust, if
12 neither the owner of record nor the owner of the beneficial
13 interest of the trust enters an appearance, the court shall
14 declare the property abandoned.
15 If that determination is made, notice shall be sent by
16 certified or registered mail to all persons having an
17 interest of record in the property, including tax purchasers
18 and beneficial owners of any Illinois land trust having title
19 to the property, stating that title to the property will be
20 transferred to the municipality unless, within 30 days of the
21 notice, the owner of record enters an appearance in the
22 action, or unless any other person having an interest in the
23 property files with the court a request to demolish the
24 dangerous or unsafe building or to put the building in safe
25 condition.
26 If the owner of record enters an appearance in the action
27 within the 30 day period, the court shall vacate its order
28 declaring the property abandoned. In that case, the
29 municipality may amend its complaint in order to initiate
30 proceedings under subsection (a).
31 If a request to demolish or repair the building is filed
32 within the 30 day period, the court shall grant permission to
33 the requesting party to demolish the building within 30 days
34 or to restore the building to safe condition within 60 days
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1 after the request is granted. An extension of that period
2 for up to 60 additional days may be given for good cause. If
3 more than one person with an interest in the property files a
4 timely request, preference shall be given to the person with
5 the lien or other interest of the highest priority.
6 If the requesting party proves to the court that the
7 building has been demolished or put in a safe condition
8 within the period of time granted by the court, the court
9 shall issue a quitclaim judicial deed for the property to the
10 requesting party, conveying only the interest of the owner of
11 record, upon proof of payment to the municipality of all
12 costs incurred by the municipality in connection with the
13 action, including but not limited to court costs, attorney's
14 fees, administrative costs, the costs, if any, associated
15 with building enclosure or removal, and receiver's
16 certificates. The interest in the property so conveyed shall
17 be subject to all liens and encumbrances on the property. In
18 addition, if the interest is conveyed to a person holding a
19 certificate of purchase for the property under the Property
20 Tax Code, the conveyance shall be subject to the rights of
21 redemption of all persons entitled to redeem under that Act,
22 including the original owner of record.
23 If no person with an interest in the property files a
24 timely request or if the requesting party fails to demolish
25 the building or put the building in safe condition within the
26 time specified by the court, the municipality may petition
27 the court to issue a judicial deed for the property to the
28 municipality. A conveyance by judicial deed shall operate to
29 extinguish all existing ownership interests in, liens on, and
30 other interest in the property, including tax liens.
31 (e) Each municipality may use the provisions of this
32 subsection to expedite the removal of certain buildings that
33 are a continuing hazard to the community in which they are
34 located.
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1 If a residential or commercial building is 3 stories or
2 less in height as defined by the municipality's building
3 code, and the corporate official designated to be in charge
4 of enforcing the municipality's building code determines that
5 the building is open and vacant and an immediate and
6 continuing hazard to the community in which the building is
7 located, then the official shall be authorized to post a
8 notice not less than 2 feet by 2 feet in size on the front of
9 the building. The notice shall be dated as of the date of
10 the posting and shall state that unless the building is
11 demolished, repaired, or enclosed, and unless any garbage,
12 debris, and other hazardous, noxious, or unhealthy substances
13 or materials are removed so that an immediate and continuing
14 hazard to the community no longer exists, then the building
15 may be demolished, repaired, or enclosed, or any garbage,
16 debris, and other hazardous, noxious, or unhealthy substances
17 or materials may be removed, by the municipality.
18 Not later than 30 days following the posting of the
19 notice, the municipality shall do both of the following:
20 (1) Cause to be sent, by certified mail, return
21 receipt requested, a notice to all owners of record of
22 the property, the beneficial owners of any Illinois land
23 trust having title to the property, and all lienholders
24 of record in the property, stating the intent of the
25 municipality to demolish, repair, or enclose the building
26 or remove any garbage, debris, or other hazardous,
27 noxious, or unhealthy substances or materials if that
28 action is not taken by the owner or owners.
29 (2) Cause to be published, in a newspaper published
30 or circulated in the municipality where the building is
31 located, a notice setting forth (i) the permanent tax
32 index number and the address of the building, (ii) a
33 statement that the property is open and vacant and
34 constitutes an immediate and continuing hazard to the
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1 community, and (iii) a statement that the municipality
2 intends to demolish, repair, or enclose the building or
3 remove any garbage, debris, or other hazardous, noxious,
4 or unhealthy substances or materials if the owner or
5 owners or lienholders of record fail to do so. This
6 notice shall be published for 3 consecutive days.
7 A person objecting to the proposed actions of the
8 corporate authorities may file his or her objection in an
9 appropriate form in a court of competent jurisdiction.
10 If the building is not demolished, repaired, or enclosed,
11 or the garbage, debris, or other hazardous, noxious, or
12 unhealthy substances or materials are not removed, within 30
13 days of mailing the notice to the owners of record, the
14 beneficial owners of any Illinois land trust having title to
15 the property, and all lienholders of record in the property,
16 or within 30 days of the last day of publication of the
17 notice, whichever is later, the corporate authorities shall
18 have the power to demolish, repair, or enclose the building
19 or to remove any garbage, debris, or other hazardous,
20 noxious, or unhealthy substances or materials.
21 The municipality may proceed to demolish, repair, or
22 enclose a building or remove any garbage, debris, or other
23 hazardous, noxious, or unhealthy substances or materials
24 under this subsection within a 120-day period following the
25 date of the mailing of the notice if the appropriate official
26 determines that the demolition, repair, enclosure, or removal
27 of any garbage, debris, or other hazardous, noxious, or
28 unhealthy substances or materials is necessary to remedy the
29 immediate and continuing hazard. If, however, before the
30 municipality proceeds with any of the actions authorized by
31 this subsection, any person has sought a hearing under this
32 subsection before a court and has served a copy of the
33 complaint on the chief executive officer of the municipality,
34 then the municipality shall not proceed with the demolition,
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1 repair, enclosure, or removal of garbage, debris, or other
2 substances until the court determines that that action is
3 necessary to remedy the hazard and issues an order
4 authorizing the municipality to do so.
5 Following the demolition, repair, or enclosure of a
6 building, or the removal of garbage, debris, or other
7 hazardous, noxious, or unhealthy substances or materials
8 under this subsection, the municipality may file a notice of
9 lien against the real estate for the cost of the demolition,
10 repair, enclosure, or removal within 180 days after the
11 repair, demolition, enclosure, or removal occurred, for the
12 cost and expense incurred, in the office of the recorder in
13 the county in which the real estate is located or in the
14 office of the registrar of titles of the county if the real
15 estate affected is registered under the Registered Titles
16 (Torrens) Act. The notice of lien shall consist of a sworn
17 statement setting forth (i) a description of the real estate,
18 such as the address or other description of the property,
19 sufficient for its identification; (ii) the expenses incurred
20 by the municipality in undertaking the remedial actions
21 authorized under this subsection; (iii) the date or dates the
22 expenses were incurred by the municipality; (iv) a statement
23 by the corporate official responsible for enforcing the
24 building code that the building was open and vacant and
25 constituted an immediate and continuing hazard to the
26 community; (v) a statement by the corporate official that the
27 required sign was posted on the building, that notice was
28 sent by certified mail to the owners of record, and that
29 notice was published in accordance with this subsection; and
30 (vi) a statement as to when and where the notice was
31 published. The lien authorized by this subsection may
32 thereafter be released or enforced by the municipality as
33 provided in subsection (a).
34 (f) The corporate authorities of each municipality may
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1 remove or cause the removal of, or otherwise environmentally
2 remediate hazardous substances on, in, or under any abandoned
3 and unsafe property within the territory of a municipality.
4 In addition, where preliminary evidence indicates the
5 presence or likely presence of a hazardous substance or a
6 release or a substantial threat of a release of a hazardous
7 substance on, in, or under the property, the corporate
8 authorities of the municipality may inspect the property and
9 test for the presence or release of hazardous substances. In
10 any county having adopted by referendum or otherwise a county
11 health department as provided by Division 5-25 of the
12 Counties Code or its predecessor, the county board of that
13 county may exercise the above-described powers with regard to
14 property within the territory of any city, village, or
15 incorporated town having less than 50,000 population.
16 For purposes of this subsection (f):
17 (1) "property" or "real estate" means all real
18 property, whether or not improved by a structure;
19 (2) "abandoned" means;
20 (A) the property has been tax delinquent for 2
21 or more years;
22 (B) the property is unoccupied by persons
23 legally in possession; and
24 (3) "unsafe" means property that presents an actual
25 or imminent threat to public health and safety caused by
26 the release of hazardous substances; and
27 (4) "hazardous substances" means the same as in
28 Section 3.14 of the Environmental Protection Act.
29 The corporate authorities shall apply to the circuit
30 court of the county in which the property is located (i) for
31 an order allowing the municipality to enter the property and
32 inspect and test substances on, in, or under the property; or
33 (ii) for an order authorizing the corporate authorities to
34 take action with respect to remediation of the property if
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1 conditions on the property, based on the inspection and
2 testing authorized in paragraph (i), indicate the presence of
3 hazardous substances. Remediation shall be deemed complete
4 for purposes of paragraph (ii) above when the property
5 satisfies Tier I, II, or III remediation objectives for the
6 property's most recent usage, as established by the
7 Environmental Protection Act, and the rules and regulations
8 promulgated thereunder. Where, upon diligent search, the
9 identity or whereabouts of the owner or owners of the
10 property, including the lien holders of record, is not
11 ascertainable, notice mailed to the person or persons in
12 whose name the real estate was last assessed is sufficient
13 notice under this Section.
14 The court shall grant an order authorizing testing under
15 paragraph (i) above upon a showing of preliminary evidence
16 indicating the presence or likely presence of a hazardous
17 substance or a release of or a substantial threat of a
18 release of a hazardous substance on, in, or under abandoned
19 property. The preliminary evidence may include, but is not
20 limited to, evidence of prior use, visual site inspection, or
21 records of prior environmental investigations. The testing
22 authorized by paragraph (i) above shall include any type of
23 investigation which is necessary for an environmental
24 professional to determine the environmental condition of the
25 property, including but not limited to performance of soil
26 borings and groundwater monitoring. The court shall grant a
27 remediation order under paragraph (ii) above where testing of
28 the property indicates that it fails to meet the applicable
29 remediation objectives. The hearing upon the application to
30 the circuit court shall be expedited by the court and shall
31 be given precedence over all other suits.
32 The cost of the inspection, testing, or remediation
33 incurred by the municipality or by a lien holder of record,
34 including court costs, attorney's fees, and other costs
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1 related to the enforcement of this Section, is a lien on the
2 real estate; except that in any instances where a
3 municipality incurs costs of inspection and testing but finds
4 no hazardous substances on the property that present an
5 actual or imminent threat to public health and safety, such
6 costs are not recoverable from the owners nor are such costs
7 a lien on the real estate. The lien is superior to all prior
8 existing liens and encumbrances, except taxes and any lien
9 obtained under subsection (a) or (e), if, within 180 days
10 after the completion of the inspection, testing, or
11 remediation, the municipality or the lien holder of record
12 who incurred the cost and expense shall file a notice of lien
13 for the cost and expense incurred in the office of the
14 recorder in the county in which the real estate is located or
15 in the office of the registrar of titles of the county if the
16 real estate affected is registered under the Registered
17 Titles (Torrens) Act.
18 The notice must consist of a sworn statement setting out
19 (i) a description of the real estate sufficient for its
20 identification, (ii) the amount of money representing the
21 cost and expense incurred, and (iii) the date or dates when
22 the cost and expense was incurred by the municipality or the
23 lien holder of record. Upon payment of the lien amount by
24 the owner of or persons interested in the property after the
25 notice of lien has been filed, a release of lien shall be
26 issued by the municipality, the person in whose name the lien
27 has been filed, or the assignee of the lien, and the release
28 may be filed of record as in the case of filing notice of
29 lien.
30 The lien may be enforced under subsection (c) or by
31 foreclosure proceedings as in the case of mortgage
32 foreclosures under Article XV of the Code of Civil Procedure
33 or mechanics' lien foreclosures; provided that where the lien
34 is enforced by foreclosure under subsection (c) or under
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1 either statute, the municipality may not proceed against the
2 other assets of the owner or owners of the real estate for
3 any costs that otherwise would be recoverable under this
4 Section but that remain unsatisfied after foreclosure except
5 where such additional recovery is authorized by separate
6 environmental laws. An action to foreclose this lien may be
7 commenced at any time after the date of filing of the notice
8 of lien. The costs of foreclosure incurred by the
9 municipality, including court costs, reasonable attorney's
10 fees, advances to preserve the property, and other costs
11 related to the enforcement of this subsection, plus statutory
12 interest, are a lien on the real estate.
13 All liens arising under this subsection (f) shall be
14 assignable. The assignee of the lien shall have the same
15 power to enforce the lien as the assigning party, except that
16 the lien may not be enforced under subsection (c).
17 (g) In any case where a municipality has obtained a lien
18 under subsection (a), the municipality may also bring an
19 action for a money judgment against the owner or owners of
20 the real estate in the amount of the lien in the same manner
21 as provided for bringing causes of action in Article II of
22 the Code of Civil Procedure and, upon obtaining a judgment,
23 file a judgment lien against all of the real estate of the
24 owner or owners and enforce that lien as provided for in
25 Article XII of the Code of Civil Procedure.
26 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
27 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised
28 9-16-98.)".