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91_HB2005eng HB2005 Engrossed LRB9103736MWks 1 AN ACT to amend the Illinois Municipal Code by changing 2 Section 11-31-1. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Municipal Code is amended by 6 changing Section 11-31-1 as follows: 7 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 8 Sec. 11-31-1. Demolition, repair, enclosure, or 9 remediation. 10 (a) The corporate authorities of each municipality may 11 demolish, repair, or enclose or cause the demolition, repair, 12 or enclosure of dangerous and unsafe buildings or uncompleted 13 and abandoned buildings within the territory of the 14 municipality and may remove or cause the removal of garbage, 15 debris, petroleum products, and other hazardous, noxious, or 16 unhealthy substances or materials from those buildings. In 17 any county having adopted by referendum or otherwise a county 18 health department as provided by Division 5-25 of the 19 Counties Code or its predecessor, the county board of that 20 county may exercise those powers with regard to dangerous and 21 unsafe buildings or uncompleted and abandoned buildings 22 within the territory of any city, village, or incorporated 23 town having less than 50,000 population. 24 The corporate authorities shall apply to the circuit 25 court of the county in which the building is located (i) for 26 an order authorizing action to be taken with respect to a 27 building if the owner or owners of the building, including 28 the lien holders of record, after at least 15 days' written 29 notice by mail so to do, have failed to put the building in a 30 safe condition or to demolish it or (ii) for an order 31 requiring the owner or owners of record to demolish, repair, HB2005 Engrossed -2- LRB9103736MWks 1 or enclose the building or to remove garbage, debris, 2 petroleum products, and other hazardous, noxious, or 3 unhealthy substances or materials from the building. It is 4 not a defense to the cause of action that the building is 5 boarded up or otherwise enclosed, although the court may 6 order the defendant to have the building boarded up or 7 otherwise enclosed. Where, upon diligent search, the identity 8 or whereabouts of the owner or owners of the building, 9 including the lien holders of record, is not ascertainable, 10 notice mailed to the person or persons in whose name the real 11 estate was last assessed is sufficient notice under this 12 Section. 13 The hearing upon the application to the circuit court 14 shall be expedited by the court and shall be given precedence 15 over all other suits. Any person entitled to bring an action 16 under subsection (b) shall have the right to intervene in an 17 action brought under this Section. 18 The cost of the demolition, repair, enclosure, or removal 19 incurred by the municipality, by an intervenor, or by a lien 20 holder of record, including court costs, attorney's fees, and 21 other costs related to the enforcement of this Section, is 22 recoverable from the owner or owners of the real estate or 23 the previous owner or both if the property was transferred 24 during the 15 day notice period and is a lien on the real 25 estate; the lien is superior to all prior existing liens and 26 encumbrances, except taxes, if, within 180 days after the 27 repair, demolition, enclosure, or removal, the municipality, 28 the lien holder of record, or the intervenor who incurred the 29 cost and expense shall file a notice of lien for the cost and 30 expense incurred in the office of the recorder in the county 31 in which the real estate is located or in the office of the 32 registrar of titles of the county if the real estate affected 33 is registered under the Registered Titles (Torrens) Act. 34 The notice must consist of a sworn statement setting out HB2005 Engrossed -3- LRB9103736MWks 1 (1) a description of the real estate sufficient for its 2 identification, (2) the amount of money representing the cost 3 and expense incurred, and (3) the date or dates when the cost 4 and expense was incurred by the municipality, the lien holder 5 of record, or the intervenor. Upon payment of the cost and 6 expense by the owner of or persons interested in the property 7 after the notice of lien has been filed, the lien shall be 8 released by the municipality, the person in whose name the 9 lien has been filed, or the assignee of the lien, and the 10 release may be filed of record as in the case of filing 11 notice of lien. Unless the lien is enforced under subsection 12 (c), the lien may be enforced by foreclosure proceedings as 13 in the case of mortgage foreclosures under Article XV of the 14 Code of Civil Procedure or mechanics' lien foreclosures. An 15 action to foreclose this lien may be commenced at any time 16 after the date of filing of the notice of lien. The costs of 17 foreclosure incurred by the municipality, including court 18 costs, reasonable attorney's fees, advances to preserve the 19 property, and other costs related to the enforcement of this 20 subsection, plus statutory interest, are a lien on the real 21 estate and are recoverable by the municipality from the owner 22 or owners of the real estate. 23 All liens arising under this subsection (a) shall be 24 assignable. The assignee of the lien shall have the same 25 power to enforce the lien as the assigning party, except that 26 the lien may not be enforced under subsection (c). 27 If the appropriate official of any municipality 28 determines that any dangerous and unsafe building or 29 uncompleted and abandoned building within its territory 30 fulfills the requirements for an action by the municipality 31 under the Abandoned Housing Rehabilitation Act, the 32 municipality may petition under that Act in a proceeding 33 brought under this subsection. 34 (b) Any owner or tenant of real property within 1200 HB2005 Engrossed -4- LRB9103736MWks 1 feet in any direction of any dangerous or unsafe building 2 located within the territory of a municipality with a 3 population of 500,000 or more may file with the appropriate 4 municipal authority a request that the municipality apply to 5 the circuit court of the county in which the building is 6 located for an order permitting the demolition, removal of 7 garbage, debris, petroleum products, and other noxious or 8 unhealthy substances and materials from, or repair or 9 enclosure of the building in the manner prescribed in 10 subsection (a) of this Section. If the municipality fails to 11 institute an action in circuit court within 90 days after the 12 filing of the request, the owner or tenant of real property 13 within 1200 feet in any direction of the building may 14 institute an action in circuit court seeking an order 15 compelling the owner or owners of record to demolish, remove 16 garbage, debris, petroleum products, and other noxious or 17 unhealthy substances and materials from, repair or enclose or 18 to cause to be demolished, have garbage, debris, petroleum 19 products, and other noxious or unhealthy substances and 20 materials removed from, repaired, or enclosed the building in 21 question. A private owner or tenant who institutes an action 22 under the preceding sentence shall not be required to pay any 23 fee to the clerk of the circuit court. The cost of repair, 24 removal, demolition, or enclosure shall be borne by the owner 25 or owners of record of the building. In the event the owner 26 or owners of record fail to demolish, remove garbage, debris, 27 petroleum products, and other noxious or unhealthy substances 28 and materials from, repair, or enclose the building within 90 29 days of the date the court entered its order, the owner or 30 tenant who instituted the action may request that the court 31 join the municipality as a party to the action. The court 32 may order the municipality to demolish, remove materials 33 from, repair, or enclose the building, or cause that action 34 to be taken upon the request of any owner or tenant who HB2005 Engrossed -5- LRB9103736MWks 1 instituted the action or upon the municipality's request. 2 The municipality may file, and the court may approve, a plan 3 for rehabilitating the building in question. A court order 4 authorizing the municipality to demolish, remove materials 5 from, repair, or enclose a building, or cause that action to 6 be taken, shall not preclude the court from adjudging the 7 owner or owners of record of the building in contempt of 8 court due to the failure to comply with the order to 9 demolish, remove garbage, debris, petroleum products, and 10 other noxious or unhealthy substances and materials from, 11 repair, or enclose the building. 12 If a municipality or a person or persons other than the 13 owner or owners of record pay the cost of demolition, removal 14 of garbage, debris, petroleum products, and other noxious or 15 unhealthy substances and materials, repair, or enclosure 16 pursuant to a court order, the cost, including court costs, 17 attorney's fees, and other costs related to the enforcement 18 of this subsection, is recoverable from the owner or owners 19 of the real estate and is a lien on the real estate; the lien 20 is superior to all prior existing liens and encumbrances, 21 except taxes, if, within 180 days after the repair, removal, 22 demolition, or enclosure, the municipality or the person or 23 persons who paid the costs of demolition, removal, repair, or 24 enclosure shall file a notice of lien of the cost and expense 25 incurred in the office of the recorder in the county in which 26 the real estate is located or in the office of the registrar 27 of the county if the real estate affected is registered under 28 the Registered Titles (Torrens) Act. The notice shall be in a 29 form as is provided in subsection (a). An owner or tenant 30 who institutes an action in circuit court seeking an order to 31 compel the owner or owners of record to demolish, remove 32 materials from, repair, or enclose any dangerous or unsafe 33 building, or to cause that action to be taken under this 34 subsection may recover court costs and reasonable attorney's HB2005 Engrossed -6- LRB9103736MWks 1 fees for instituting the action from the owner or owners of 2 record of the building. Upon payment of the costs and 3 expenses by the owner of or a person interested in the 4 property after the notice of lien has been filed, the lien 5 shall be released by the municipality or the person in whose 6 name the lien has been filed or his or her assignee, and the 7 release may be filed of record as in the case of filing a 8 notice of lien. Unless the lien is enforced under subsection 9 (c), the lien may be enforced by foreclosure proceedings as 10 in the case of mortgage foreclosures under Article XV of the 11 Code of Civil Procedure or mechanics' lien foreclosures. An 12 action to foreclose this lien may be commenced at any time 13 after the date of filing of the notice of lien. The costs of 14 foreclosure incurred by the municipality, including court 15 costs, reasonable attorneys' fees, advances to preserve the 16 property, and other costs related to the enforcement of this 17 subsection, plus statutory interest, are a lien on the real 18 estate and are recoverable by the municipality from the owner 19 or owners of the real estate. 20 All liens arising under the terms of this subsection (b) 21 shall be assignable. The assignee of the lien shall have the 22 same power to enforce the lien as the assigning party, except 23 that the lien may not be enforced under subsection (c). 24 (c) In any case where a municipality has obtained a lien 25 under subsection (a), (b), or (f), the municipality may 26 enforce the lien under this subsection (c) in the same 27 proceeding in which the lien is authorized. 28 A municipality desiring to enforce a lien under this 29 subsection (c) shall petition the court to retain 30 jurisdiction for foreclosure proceedings under this 31 subsection. Notice of the petition shall be served, by 32 certified or registered mail, on all persons who were served 33 notice under subsection (a), (b), or (f). The court shall 34 conduct a hearing on the petition not less than 15 days after HB2005 Engrossed -7- LRB9103736MWks 1 the notice is served. If the court determines that the 2 requirements of this subsection (c) have been satisfied, it 3 shall grant the petition and retain jurisdiction over the 4 matter until the foreclosure proceeding is completed. The 5 costs of foreclosure incurred by the municipality, including 6 court costs, reasonable attorneys' fees, advances to preserve 7 the property, and other costs related to the enforcement of 8 this subsection, plus statutory interest, are a lien on the 9 real estate and are recoverable by the municipality from the 10 owner or owners of the real estate. If the court denies the 11 petition, the municipality may enforce the lien in a separate 12 action as provided in subsection (a), (b), or (f). 13 All persons designated in Section 15-1501 of the Code of 14 Civil Procedure as necessary parties in a mortgage 15 foreclosure action shall be joined as parties before issuance 16 of an order of foreclosure. Persons designated in Section 17 15-1501 of the Code of Civil Procedure as permissible parties 18 may also be joined as parties in the action. 19 The provisions of Article XV of the Code of Civil 20 Procedure applicable to mortgage foreclosures shall apply to 21 the foreclosure of a lien under this subsection (c), except 22 to the extent that those provisions are inconsistent with 23 this subsection. For purposes of foreclosures of liens 24 under this subsection, however, the redemption period 25 described in subsection (b) of Section 15-1603 of the Code of 26 Civil Procedure shall end 60 days after the date of entry of 27 the order of foreclosure. 28 (d) In addition to any other remedy provided by law, the 29 corporate authorities of any municipality may petition the 30 circuit court to have property declared abandoned under this 31 subsection (d) if: 32 (1) the property has been tax delinquent for 2 or 33 more years or bills for water service for the property 34 have been outstanding for 2 or more years; HB2005 Engrossed -8- LRB9103736MWks 1 (2) the property is unoccupied by persons legally 2 in possession; and 3 (3) the property contains a dangerous or unsafe 4 building. 5 All persons having an interest of record in the property, 6 including tax purchasers and beneficial owners of any 7 Illinois land trust having title to the property, shall be 8 named as defendants in the petition and shall be served with 9 process. In addition, service shall be had under Section 10 2-206 of the Code of Civil Procedure as in other cases 11 affecting property. 12 The municipality, however, may proceed under this 13 subsection in a proceeding brought under subsection (a) or 14 (b). Notice of the petition shall be served by certified or 15 registered mail on all persons who were served notice under 16 subsection (a) or (b). 17 If the municipality proves that the conditions described 18 in this subsection exist and the owner of record of the 19 property does not enter an appearance in the action, or, if 20 title to the property is held by an Illinois land trust, if 21 neither the owner of record nor the owner of the beneficial 22 interest of the trust enters an appearance, the court shall 23 declare the property abandoned. 24 If that determination is made, notice shall be sent by 25 certified or registered mail to all persons having an 26 interest of record in the property, including tax purchasers 27 and beneficial owners of any Illinois land trust having title 28 to the property, stating that title to the property will be 29 transferred to the municipality unless, within 30 days of the 30 notice, the owner of record enters an appearance in the 31 action, or unless any other person having an interest in the 32 property files with the court a request to demolish the 33 dangerous or unsafe building or to put the building in safe 34 condition. HB2005 Engrossed -9- LRB9103736MWks 1 If the owner of record enters an appearance in the action 2 within the 30 day period, the court shall vacate its order 3 declaring the property abandoned. In that case, the 4 municipality may amend its complaint in order to initiate 5 proceedings under subsection (a). 6 If a request to demolish or repair the building is filed 7 within the 30 day period, the court shall grant permission to 8 the requesting party to demolish the building within 30 days 9 or to restore the building to safe condition within 60 days 10 after the request is granted. An extension of that period 11 for up to 60 additional days may be given for good cause. If 12 more than one person with an interest in the property files a 13 timely request, preference shall be given to the person with 14 the lien or other interest of the highest priority. 15 If the requesting party proves to the court that the 16 building has been demolished or put in a safe condition 17 within the period of time granted by the court, the court 18 shall issue a quitclaim judicial deed for the property to the 19 requesting party, conveying only the interest of the owner of 20 record, upon proof of payment to the municipality of all 21 costs incurred by the municipality in connection with the 22 action, including but not limited to court costs, attorney's 23 fees, administrative costs, the costs, if any, associated 24 with building enclosure or removal, and receiver's 25 certificates. The interest in the property so conveyed shall 26 be subject to all liens and encumbrances on the property. In 27 addition, if the interest is conveyed to a person holding a 28 certificate of purchase for the property under the Property 29 Tax Code, the conveyance shall be subject to the rights of 30 redemption of all persons entitled to redeem under that Act, 31 including the original owner of record. 32 If no person with an interest in the property files a 33 timely request or if the requesting party fails to demolish 34 the building or put the building in safe condition within the HB2005 Engrossed -10- LRB9103736MWks 1 time specified by the court, the municipality may petition 2 the court to issue a judicial deed for the property to the 3 municipality. A conveyance by judicial deed shall operate to 4 extinguish all existing ownership interests in, liens on, and 5 other interest in the property, including tax liens. 6 (e) Each municipality may use the provisions of this 7 subsection to expedite the removal of certain buildings that 8 are a continuing hazard to the community in which they are 9 located. 10 If a residential or commercial building is 3 stories or 11 less in height as defined by the municipality's building 12 code, and the corporate official designated to be in charge 13 of enforcing the municipality's building code determines that 14 the building is open and vacant and an immediate and 15 continuing hazard to the community in which the building is 16 located, then the official shall be authorized to post a 17 notice not less than 2 feet by 2 feet in size on the front of 18 the building. The notice shall be dated as of the date of 19 the posting and shall state that unless the building is 20 demolished, repaired, or enclosed, and unless any garbage, 21 debris, petroleum products, and other hazardous, noxious, or 22 unhealthy substances or materials are removed so that an 23 immediate and continuing hazard to the community no longer 24 exists, then the building may be demolished, repaired, or 25 enclosed, or any garbage, debris, petroleum products, and 26 other hazardous, noxious, or unhealthy substances or 27 materials may be removed, by the municipality. 28 Not later than 30 days following the posting of the 29 notice, the municipality shall do both of the following: 30 (1) Cause to be sent, by certified mail, return 31 receipt requested, a notice to all owners of record of 32 the property, the beneficial owners of any Illinois land 33 trust having title to the property, and all lienholders 34 of record in the property, stating the intent of the HB2005 Engrossed -11- LRB9103736MWks 1 municipality to demolish, repair, or enclose the building 2 or remove any garbage, debris, petroleum products, or 3 other hazardous, noxious, or unhealthy substances or 4 materials if that action is not taken by the owner or 5 owners. 6 (2) Cause to be published, in a newspaper published 7 or circulated in the municipality where the building is 8 located, a notice setting forth (i) the permanent tax 9 index number and the address of the building, (ii) a 10 statement that the property is open and vacant and 11 constitutes an immediate and continuing hazard to the 12 community, and (iii) a statement that the municipality 13 intends to demolish, repair, or enclose the building or 14 remove any garbage, debris, petroleum products, or other 15 hazardous, noxious, or unhealthy substances or materials 16 if the owner or owners or lienholders of record fail to 17 do so. This notice shall be published for 3 consecutive 18 days. 19 A person objecting to the proposed actions of the 20 corporate authorities may file his or her objection in an 21 appropriate form in a court of competent jurisdiction. 22 If the building is not demolished, repaired, or enclosed, 23 or the garbage, debris, petroleum products, or other 24 hazardous, noxious, or unhealthy substances or materials are 25 not removed, within 30 days of mailing the notice to the 26 owners of record, the beneficial owners of any Illinois land 27 trust having title to the property, and all lienholders of 28 record in the property, or within 30 days of the last day of 29 publication of the notice, whichever is later, the corporate 30 authorities shall have the power to demolish, repair, or 31 enclose the building or to remove any garbage, debris, 32 petroleum products, or other hazardous, noxious, or unhealthy 33 substances or materials. 34 The municipality may proceed to demolish, repair, or HB2005 Engrossed -12- LRB9103736MWks 1 enclose a building or remove any garbage, debris, petroleum 2 products, or other hazardous, noxious, or unhealthy 3 substances or materials under this subsection within a 4 120-day period following the date of the mailing of the 5 notice if the appropriate official determines that the 6 demolition, repair, enclosure, or removal of any garbage, 7 debris, petroleum products, or other hazardous, noxious, or 8 unhealthy substances or materials is necessary to remedy the 9 immediate and continuing hazard. If, however, before the 10 municipality proceeds with any of the actions authorized by 11 this subsection, any person has sought a hearing under this 12 subsection before a court and has served a copy of the 13 complaint on the chief executive officer of the municipality, 14 then the municipality shall not proceed with the demolition, 15 repair, enclosure, or removal of garbage, debris, petroleum 16 products, or other substances until the court determines that 17 that action is necessary to remedy the hazard and issues an 18 order authorizing the municipality to do so. 19 Following the demolition, repair, or enclosure of a 20 building, or the removal of garbage, debris, petroleum 21 products, or other hazardous, noxious, or unhealthy 22 substances or materials under this subsection, the 23 municipality may file a notice of lien against the real 24 estate for the cost of the demolition, repair, enclosure, or 25 removal within 180 days after the repair, demolition, 26 enclosure, or removal occurred, for the cost and expense 27 incurred, in the office of the recorder in the county in 28 which the real estate is located or in the office of the 29 registrar of titles of the county if the real estate affected 30 is registered under the Registered Titles (Torrens) Act. The 31 notice of lien shall consist of a sworn statement setting 32 forth (i) a description of the real estate, such as the 33 address or other description of the property, sufficient for 34 its identification; (ii) the expenses incurred by the HB2005 Engrossed -13- LRB9103736MWks 1 municipality in undertaking the remedial actions authorized 2 under this subsection; (iii) the date or dates the expenses 3 were incurred by the municipality; (iv) a statement by the 4 corporate official responsible for enforcing the building 5 code that the building was open and vacant and constituted an 6 immediate and continuing hazard to the community; (v) a 7 statement by the corporate official that the required sign 8 was posted on the building, that notice was sent by certified 9 mail to the owners of record, and that notice was published 10 in accordance with this subsection; and (vi) a statement as 11 to when and where the notice was published. The lien 12 authorized by this subsection may thereafter be released or 13 enforced by the municipality as provided in subsection (a). 14 (f) The corporate authorities of each municipality may 15 remove or cause the removal of, or otherwise environmentally 16 remediate hazardous substances on, in, or under any abandoned 17 and unsafe property within the territory of a municipality. 18 In addition, where preliminary evidence indicates the 19 presence or likely presence of a hazardous substance or a 20 release or a substantial threat of a release of a hazardous 21 substance on, in, or under the property, the corporate 22 authorities of the municipality may inspect the property and 23 test for the presence or release of hazardous substances. In 24 any county having adopted by referendum or otherwise a county 25 health department as provided by Division 5-25 of the 26 Counties Code or its predecessor, the county board of that 27 county may exercise the above-described powers with regard to 28 property within the territory of any city, village, or 29 incorporated town having less than 50,000 population. 30 For purposes of this subsection (f): 31 (1) "property" or "real estate" means all real 32 property, whether or not improved by a structure; 33 (2) "abandoned" means; 34 (A) the property has been tax delinquent for 2 HB2005 Engrossed -14- LRB9103736MWks 1 or more years; 2 (B) the property is unoccupied by persons 3 legally in possession; and 4 (3) "unsafe" means property that presents an actual 5 or imminent threat to public health and safety caused by 6 the release of hazardous substances; and 7 (4) "hazardous substances" means the same as in 8 Section 3.14 of the Environmental Protection Act. 9 The corporate authorities shall apply to the circuit 10 court of the county in which the property is located (i) for 11 an order allowing the municipality to enter the property and 12 inspect and test substances on, in, or under the property; or 13 (ii) for an order authorizing the corporate authorities to 14 take action with respect to remediation of the property if 15 conditions on the property, based on the inspection and 16 testing authorized in paragraph (i), indicate the presence of 17 hazardous substances. Remediation shall be deemed complete 18 for purposes of paragraph (ii) above when the property 19 satisfies Tier I, II, or III remediation objectives for the 20 property's most recent usage, as established by the 21 Environmental Protection Act, and the rules and regulations 22 promulgated thereunder. Where, upon diligent search, the 23 identity or whereabouts of the owner or owners of the 24 property, including the lien holders of record, is not 25 ascertainable, notice mailed to the person or persons in 26 whose name the real estate was last assessed is sufficient 27 notice under this Section. 28 The court shall grant an order authorizing testing under 29 paragraph (i) above upon a showing of preliminary evidence 30 indicating the presence or likely presence of a hazardous 31 substance or a release of or a substantial threat of a 32 release of a hazardous substance on, in, or under abandoned 33 property. The preliminary evidence may include, but is not 34 limited to, evidence of prior use, visual site inspection, or HB2005 Engrossed -15- LRB9103736MWks 1 records of prior environmental investigations. The testing 2 authorized by paragraph (i) above shall include any type of 3 investigation which is necessary for an environmental 4 professional to determine the environmental condition of the 5 property, including but not limited to performance of soil 6 borings and groundwater monitoring. The court shall grant a 7 remediation order under paragraph (ii) above where testing of 8 the property indicates that it fails to meet the applicable 9 remediation objectives. The hearing upon the application to 10 the circuit court shall be expedited by the court and shall 11 be given precedence over all other suits. 12 The cost of the inspection, testing, or remediation 13 incurred by the municipality or by a lien holder of record, 14 including court costs, attorney's fees, and other costs 15 related to the enforcement of this Section, is a lien on the 16 real estate; except that in any instances where a 17 municipality incurs costs of inspection and testing but finds 18 no hazardous substances on the property that present an 19 actual or imminent threat to public health and safety, such 20 costs are not recoverable from the owners nor are such costs 21 a lien on the real estate. The lien is superior to all prior 22 existing liens and encumbrances, except taxes and any lien 23 obtained under subsection (a) or (e), if, within 180 days 24 after the completion of the inspection, testing, or 25 remediation, the municipality or the lien holder of record 26 who incurred the cost and expense shall file a notice of lien 27 for the cost and expense incurred in the office of the 28 recorder in the county in which the real estate is located or 29 in the office of the registrar of titles of the county if the 30 real estate affected is registered under the Registered 31 Titles (Torrens) Act. 32 The notice must consist of a sworn statement setting out 33 (i) a description of the real estate sufficient for its 34 identification, (ii) the amount of money representing the HB2005 Engrossed -16- LRB9103736MWks 1 cost and expense incurred, and (iii) the date or dates when 2 the cost and expense was incurred by the municipality or the 3 lien holder of record. Upon payment of the lien amount by 4 the owner of or persons interested in the property after the 5 notice of lien has been filed, a release of lien shall be 6 issued by the municipality, the person in whose name the lien 7 has been filed, or the assignee of the lien, and the release 8 may be filed of record as in the case of filing notice of 9 lien. 10 The lien may be enforced under subsection (c) or by 11 foreclosure proceedings as in the case of mortgage 12 foreclosures under Article XV of the Code of Civil Procedure 13 or mechanics' lien foreclosures; provided that where the lien 14 is enforced by foreclosure under subsection (c) or under 15 either statute, the municipality may not proceed against the 16 other assets of the owner or owners of the real estate for 17 any costs that otherwise would be recoverable under this 18 Section but that remain unsatisfied after foreclosure except 19 where such additional recovery is authorized by separate 20 environmental laws. An action to foreclose this lien may be 21 commenced at any time after the date of filing of the notice 22 of lien. The costs of foreclosure incurred by the 23 municipality, including court costs, reasonable attorney's 24 fees, advances to preserve the property, and other costs 25 related to the enforcement of this subsection, plus statutory 26 interest, are a lien on the real estate. 27 All liens arising under this subsection (f) shall be 28 assignable. The assignee of the lien shall have the same 29 power to enforce the lien as the assigning party, except that 30 the lien may not be enforced under subsection (c). 31 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 32 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)