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91_HB2943
LRB9109417MWgc
1 AN ACT concerning the demolition of unsafe buildings,
2 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 may 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. If a township within the county makes a formal
17 request to the county board as provided in Section 85-50 of
18 the Township Code that the county board commence specified
19 proceedings under this Section with respect to property
20 located within the township but outside the territory of any
21 municipality, then, at the next regular county board meeting
22 occurring at least 10 days after the formal request is made
23 to the county board, the county board shall either commence
24 the requested proceedings or decline to do so (either
25 formally or by failing to act on the request) and shall
26 notify the township board making the request of the county
27 board's decision. In any county having adopted, by referendum
28 or otherwise, a county health department as provided by
29 Division 5-25 of the Counties Code or its predecessor, the
30 county board of any such county may upon a formal request by
31 the city, village, or incorporated town demolish, repair or
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1 cause the demolition or repair of dangerous and unsafe
2 buildings or uncompleted and abandoned buildings within the
3 territory of any city, village, or incorporated town having a
4 population of less than 50,000.
5 The county board shall apply to the circuit court of the
6 county in which the building is located (i) for an order
7 authorizing action to be taken with respect to a building if
8 the owner or owners of the building, including the lien
9 holders of record, after at least 15 days' written notice by
10 mail to do so, have failed to commence proceedings to put the
11 building in a safe condition or to demolish it or (ii) for an
12 order requiring the owner or owners of record to demolish,
13 repair, or enclose the building or to remove garbage, debris,
14 and other hazardous, noxious, or unhealthy substances or
15 materials from the building. It is not a defense to the
16 cause of action that the building is boarded up or otherwise
17 enclosed, although the court may order the defendant to have
18 the building boarded up or otherwise enclosed. Where, upon
19 diligent search, the identity or whereabouts of the owner or
20 owners of the building, including the lien holders of record,
21 is not ascertainable, notice mailed to the person or persons
22 in whose name the real estate was last assessed and the
23 posting of such notice upon the premises sought to be
24 demolished or repaired is sufficient notice under this
25 Section.
26 The hearing upon the application to the circuit court
27 shall be expedited by the court and shall be given precedence
28 over all other suits.
29 The cost of the demolition, repair, enclosure, or removal
30 incurred by the county, by an intervenor, or by a lien holder
31 of record, including court costs, attorney's fees, and other
32 costs related to the enforcement of this Section, is
33 recoverable from the owner or owners of the real estate or
34 the previous owner or both if the property was transferred
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1 during the 15 day notice period and is a lien on the real
2 estate; the lien is superior to all prior existing liens and
3 encumbrances, except taxes, if, within 180 days after the
4 repair, demolition, enclosure, or removal, the county, the
5 lien holder of record, or the intervenor who incurred the
6 cost and expense shall file a notice of lien for the cost and
7 expense incurred in the office of the recorder in the county
8 in which the real estate is located or in the office of the
9 registrar of titles of the county if the real estate affected
10 is registered under the Registered Titles (Torrens) Act.
11 The notice must consist of a sworn statement setting out
12 (1) a description of the real estate sufficient for its
13 identification, (2) the amount of money representing the cost
14 and expense incurred, and (3) the date or dates when the cost
15 and expense was incurred by the county, the lien holder of
16 record, or the intervenor. Upon payment of the cost and
17 expense by the owner of or persons interested in the property
18 after the notice of lien has been filed, the lien shall be
19 released by the county, the person in whose name the lien has
20 been filed, or the assignee of the lien, and the release may
21 be filed of record as in the case of filing notice of lien.
22 Unless the lien is enforced under subsection (b), the lien
23 may be enforced by foreclosure proceedings as in the case of
24 mortgage foreclosures under Article XV of the Code of Civil
25 Procedure or mechanics' lien foreclosures. An action to
26 foreclose this lien may be commenced at any time after the
27 date of filing of the notice of lien. The costs of
28 foreclosure incurred by the county, including court costs,
29 reasonable attorney's fees, advances to preserve the
30 property, and other costs related to the enforcement of this
31 subsection, plus statutory interest, are a lien on the real
32 estate and are recoverable by the county from the owner or
33 owners of the real estate.
34 All liens arising under this subsection (a) shall be
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1 assignable. The assignee of the lien shall have the same
2 power to enforce the lien as the assigning party, except that
3 the lien may not be enforced under subsection (b).
4 If the appropriate official of any county determines that
5 any dangerous and unsafe building or uncompleted and
6 abandoned building within its territory fulfills the
7 requirements for an action by the county under the Abandoned
8 Housing Rehabilitation Act, the county may petition under
9 that Act in a proceeding brought under this subsection.
10 (b) In any case where a county has obtained a lien under
11 subsection (a), the county may enforce the lien under this
12 subsection (b) in the same proceeding in which the lien is
13 authorized.
14 A county desiring to enforce a lien under this subsection
15 (b) shall petition the court to retain jurisdiction for
16 foreclosure proceedings under this subsection. Notice of the
17 petition shall be served, by certified or registered mail, on
18 all persons who were served notice under subsection (a). The
19 court shall conduct a hearing on the petition not less than
20 15 days after the notice is served. If the court determines
21 that the requirements of this subsection (b) have been
22 satisfied, it shall grant the petition and retain
23 jurisdiction over the matter until the foreclosure proceeding
24 is completed. The costs of foreclosure incurred by the
25 county, including court costs, reasonable attorneys' fees,
26 advances to preserve the property, and other costs related to
27 the enforcement of this subsection, plus statutory interest,
28 are a lien on the real estate and are recoverable by the
29 county from the owner or owners of the real estate. If the
30 court denies the petition, the county may enforce the lien in
31 a separate action as provided in subsection (a).
32 All persons designated in Section 15-1501 of the Code of
33 Civil Procedure as necessary parties in a mortgage
34 foreclosure action shall be joined as parties before issuance
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1 of an order of foreclosure. Persons designated in Section
2 15-1501 of the Code of Civil Procedure as permissible parties
3 may also be joined as parties in the action.
4 The provisions of Article XV of the Code of Civil
5 Procedure applicable to mortgage foreclosures shall apply to
6 the foreclosure of a lien under this subsection (b), except
7 to the extent that those provisions are inconsistent with
8 this subsection. For purposes of foreclosures of liens
9 under this subsection, however, the redemption period
10 described in subsection (b) of Section 15-1603 of the Code of
11 Civil Procedure shall end 60 days after the date of entry of
12 the order of foreclosure.
13 (c) In addition to any other remedy provided by law, the
14 county board of any county may petition the circuit court to
15 have property declared abandoned under this subsection (c)
16 if:
17 (1) the property has been tax delinquent for 2 or
18 more years or bills for water service for the property
19 have been outstanding for 2 or more years;
20 (2) the property is unoccupied by persons legally
21 in possession; and
22 (3) the property contains a dangerous or unsafe
23 building.
24 All persons having an interest of record in the property,
25 including tax purchasers and beneficial owners of any
26 Illinois land trust having title to the property, shall be
27 named as defendants in the petition and shall be served with
28 process. In addition, service shall be had under Section
29 2-206 of the Code of Civil Procedure as in other cases
30 affecting property.
31 The county, however, may proceed under this subsection in
32 a proceeding brought under subsection (a). Notice of the
33 petition shall be served by certified or registered mail on
34 all persons who were served notice under subsection (a).
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1 If the county proves that the conditions described in
2 this subsection exist and the owner of record of the property
3 does not enter an appearance in the action, or, if title to
4 the property is held by an Illinois land trust, if neither
5 the owner of record nor the owner of the beneficial interest
6 of the trust enters an appearance, the court shall declare
7 the property abandoned.
8 If that determination is made, notice shall be sent by
9 certified or registered mail to all persons having an
10 interest of record in the property, including tax purchasers
11 and beneficial owners of any Illinois land trust having title
12 to the property, stating that title to the property will be
13 transferred to the county unless, within 30 days of the
14 notice, the owner of record enters an appearance in the
15 action, or unless any other person having an interest in the
16 property files with the court a request to demolish the
17 dangerous or unsafe building or to put the building in safe
18 condition.
19 If the owner of record enters an appearance in the action
20 within the 30 day period, the court shall vacate its order
21 declaring the property abandoned. In that case, the county
22 may amend its complaint in order to initiate proceedings
23 under subsection (a).
24 If a request to demolish or repair the building is filed
25 within the 30 day period, the court shall grant permission to
26 the requesting party to demolish the building within 30 days
27 or to restore the building to safe condition within 60 days
28 after the request is granted. An extension of that period
29 for up to 60 additional days may be given for good cause. If
30 more than one person with an interest in the property files a
31 timely request, preference shall be given to the person with
32 the lien or other interest of the highest priority.
33 If the requesting party proves to the court that the
34 building has been demolished or put in a safe condition
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1 within the period of time granted by the court, the court
2 shall issue a quitclaim judicial deed for the property to the
3 requesting party, conveying only the interest of the owner of
4 record, upon proof of payment to the county of all costs
5 incurred by the county in connection with the action,
6 including but not limited to court costs, attorney's fees,
7 administrative costs, the costs, if any, associated with
8 building enclosure or removal, and receiver's certificates.
9 The interest in the property so conveyed shall be subject to
10 all liens and encumbrances on the property. In addition, if
11 the interest is conveyed to a person holding a certificate of
12 purchase for the property under the Property Tax Code, the
13 conveyance shall be subject to the rights of redemption of
14 all persons entitled to redeem under that Act, including the
15 original owner of record.
16 If no person with an interest in the property files a
17 timely request or if the requesting party fails to demolish
18 the building or put the building in safe condition within the
19 time specified by the court, the county may petition the
20 court to issue a judicial deed for the property to the
21 county. A conveyance by judicial deed shall operate to
22 extinguish all existing ownership interests in, liens on, and
23 other interest in the property, including tax liens.
24 (d) Each county may use the provisions of this
25 subsection to expedite the removal of certain buildings that
26 are a continuing hazard to the community in which they are
27 located.
28 If a residential building is 2 stories or less in height
29 as defined by the county's building code, and the official
30 designated to be in charge of enforcing the county's building
31 code determines that the building is open and vacant and an
32 immediate and continuing hazard to the community in which the
33 building is located, then the official shall be authorized to
34 post a notice not less than 2 feet by 2 feet in size on the
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1 front of the building. The notice shall be dated as of the
2 date of the posting and shall state that unless the building
3 is 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 county.
10 Not later than 30 days following the posting of the
11 notice, the county 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 county to demolish, repair, or enclose the building or
18 remove any garbage, debris, or other hazardous, noxious,
19 or unhealthy substances or materials if that action is
20 not taken by the owner or owners.
21 (2) Cause to be published, in a newspaper published
22 or circulated in the county 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 county intends
28 to demolish, repair, or enclose the building or remove
29 any garbage, debris, or other hazardous, noxious, or
30 unhealthy substances or materials if the owner or owners
31 or lienholders of record fail to do so. This notice
32 shall be published for 3 consecutive days.
33 A person objecting to the proposed actions of the county
34 board may file his or her objection in an appropriate form in
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1 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 county board shall have the
10 power to demolish, repair, or enclose the building or to
11 remove any garbage, debris, or other hazardous, noxious, or
12 unhealthy substances or materials.
13 The county may proceed to demolish, repair, or enclose a
14 building or remove any garbage, debris, or other hazardous,
15 noxious, or unhealthy substances or materials under this
16 subsection within a 120-day period following the date of the
17 mailing of the notice if the appropriate official determines
18 that the demolition, repair, enclosure, or removal of any
19 garbage, debris, or other hazardous, noxious, or unhealthy
20 substances or materials is necessary to remedy the immediate
21 and continuing hazard. If, however, before the county
22 proceeds with any of the actions authorized by this
23 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 county, then
26 the county shall not proceed with the demolition, repair,
27 enclosure, or removal of garbage, debris, or other substances
28 until the court determines that that action is necessary to
29 remedy the hazard and issues an order authorizing the county
30 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 county may file a notice of lien
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1 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 county in undertaking the remedial actions authorized
13 under this subsection; (iii) the date or dates the expenses
14 were incurred by the county; (iv) a statement by the official
15 responsible for enforcing the building code that the building
16 was open and vacant and constituted an immediate and
17 continuing hazard to the community; (v) a statement by the
18 official that the required sign was posted on the building,
19 that notice was sent by certified mail to the owners of
20 record, and that notice was published in accordance with this
21 subsection; and (vi) a statement as to when and where the
22 notice was published. The lien authorized by this subsection
23 may thereafter be released or enforced by the county as
24 provided in subsection (a).
25 (e) In any case where a county has obtained a lien under
26 subsection (a), the county may also bring an action for a
27 money judgment against the owner or owners of the real estate
28 in the amount of the lien in the same manner as provided for
29 bringing causes of action in Article II of the Code of Civil
30 Procedure and, upon obtaining a judgment, file a judgment
31 lien against all of the real estate of the owner or owners
32 and enforce that lien as provided for in Article XII of the
33 Code of Civil Procedure.
34 (Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97;
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1 91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)
2 Section 10. The Township Code is amended by adding
3 Section 85-50 as follows:
4 (60 ILCS 1/85-50 new)
5 Sec. 85-50. Demolition, repair, or enclosure of
6 buildings.
7 (a) The township board of any township may formally
8 request the county board to commence specified proceedings
9 with respect to property located within the township but
10 outside the territory of any municipality as provided in
11 Section 5-1121 of the Counties Code. If the county board
12 declines the request as provided in Section 5-1121 of the
13 Counties Code, the township may exercise its powers under
14 this Section.
15 (b) The township board of each township may demolish,
16 repair, or enclose or cause the demolition, repair, or
17 enclosure of dangerous and unsafe buildings or uncompleted
18 and abandoned buildings within the territory of the township
19 and may remove or cause the removal of garbage, debris, and
20 other hazardous, noxious, or unhealthy substances or
21 materials from those buildings.
22 The township board shall apply to the circuit court of
23 the county in which the building is located (i) for an order
24 authorizing action to be taken with respect to a building if
25 the owner or owners of the building, including the lien
26 holders of record, after at least 15 days' written notice by
27 mail to do so, have failed to commence proceedings to put the
28 building in a safe condition or to demolish it or (ii) for an
29 order requiring the owner or owners of record to demolish,
30 repair, or enclose the building or to remove garbage, debris,
31 and other hazardous, noxious, or unhealthy substances or
32 materials from the building. It is not a defense to the
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1 cause of action that the building is boarded up or otherwise
2 enclosed, although the court may order the defendant to have
3 the building boarded up or otherwise enclosed. Where, upon
4 diligent search, the identity or whereabouts of the owner or
5 owners of the building, including the lien holders of record,
6 is not ascertainable, notice mailed to the person or persons
7 in whose name the real estate was last assessed and the
8 posting of the notice upon the premises sought to be
9 demolished or repaired is sufficient notice under this
10 Section.
11 The hearing upon the application to the circuit court
12 shall be expedited by the court and shall be given precedence
13 over all other suits.
14 The cost of the demolition, repair, enclosure, or removal
15 incurred by the township, by an intervenor, or by a lien
16 holder of record, including court costs, attorney's fees, and
17 other costs related to the enforcement of this Section, is
18 recoverable from the owner or owners of the real estate or
19 the previous owner or both if the property was transferred
20 during the 15-day notice period and is a lien on the real
21 estate; the lien is superior to all prior existing liens and
22 encumbrances, except taxes, if, within 180 days after the
23 repair, demolition, enclosure, or removal, the township, the
24 lien holder of record, or the intervenor who incurred the
25 cost and expense shall file a notice of lien for the cost and
26 expense incurred in the office of the recorder in the county
27 in which the real estate is located or in the office of the
28 registrar of titles of the county if the real estate affected
29 is registered under the Registered Titles (Torrens) Act.
30 The notice must consist of a sworn statement setting out
31 (1) a description of the real estate sufficient for its
32 identification, (2) the amount of money representing the cost
33 and expense incurred, and (3) the date or dates when the cost
34 and expense was incurred by the township, the lien holder of
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1 record, or the intervenor. Upon payment of the cost and
2 expense by the owner of or persons interested in the property
3 after the notice of lien has been filed, the lien shall be
4 released by the township, the person in whose name the lien
5 has been filed, or the assignee of the lien, and the release
6 may be filed of record as in the case of filing notice of
7 lien. Unless the lien is enforced under subsection (c), the
8 lien may be enforced by foreclosure proceedings as in the
9 case of mortgage foreclosures under Article XV of the Code of
10 Civil Procedure or mechanics' lien foreclosures. An action to
11 foreclose this lien may be commenced at any time after the
12 date of filing of the notice of lien. The costs of
13 foreclosure incurred by the township, including court costs,
14 reasonable attorney's fees, advances to preserve the
15 property, and other costs related to the enforcement of this
16 subsection, plus statutory interest, are a lien on the real
17 estate and are recoverable by the township from the owner or
18 owners of the real estate.
19 All liens arising under this subsection (b) shall be
20 assignable. The assignee of the lien shall have the same
21 power to enforce the lien as the assigning party, except that
22 the lien may not be enforced under subsection (c).
23 (c) In any case where a township has obtained a lien
24 under subsection (b), the township may enforce the lien under
25 this subsection (c) in the same proceeding in which the lien
26 is authorized.
27 A township desiring to enforce a lien under this
28 subsection (c) shall petition the court to retain
29 jurisdiction for foreclosure proceedings under this
30 subsection. Notice of the petition shall be served, by
31 certified or registered mail, on all persons who were served
32 notice under subsection (b). The court shall conduct a
33 hearing on the petition not less than 15 days after the
34 notice is served. If the court determines that the
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1 requirements of this subsection (c) have been satisfied, it
2 shall grant the petition and retain jurisdiction over the
3 matter until the foreclosure proceeding is completed. The
4 costs of foreclosure incurred by the township, including
5 court costs, reasonable attorneys' fees, advances to preserve
6 the property, and other costs related to the enforcement of
7 this subsection, plus statutory interest, are a lien on the
8 real estate and are recoverable by the township from the
9 owner or owners of the real estate. If the court denies the
10 petition, the township may enforce the lien in a separate
11 action as provided in subsection (b).
12 All persons designated in Section 15-1501 of the Code of
13 Civil Procedure as necessary parties in a mortgage
14 foreclosure action shall be joined as parties before issuance
15 of an order of foreclosure. Persons designated in Section
16 15-1501 of the Code of Civil Procedure as permissible parties
17 may also be joined as parties in the action.
18 The provisions of Article XV of the Code of Civil
19 Procedure applicable to mortgage foreclosures shall apply to
20 the foreclosure of a lien under this subsection (c), except
21 to the extent that those provisions are inconsistent with
22 this subsection. For purposes of foreclosures of liens
23 under this subsection, however, the redemption period
24 described in subsection (c) of Section 15-1603 of the Code of
25 Civil Procedure shall end 60 days after the date of entry of
26 the order of foreclosure.
27 (d) In addition to any other remedy provided by law, the
28 township board of any township may petition the circuit court
29 to have property declared abandoned under this subsection (d)
30 if:
31 (1) the property has been tax delinquent for 2 or
32 more years or bills for water service for the property
33 have been outstanding for 2 or more years;
34 (2) the property is unoccupied by persons legally
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1 in possession; and
2 (3) the property contains a dangerous or unsafe
3 building.
4 All persons having an interest of record in the property,
5 including tax purchasers and beneficial owners of any
6 Illinois land trust having title to the property, shall be
7 named as defendants in the petition and shall be served with
8 process. In addition, service shall be had under Section
9 2-206 of the Code of Civil Procedure as in other cases
10 affecting property.
11 The township, however, may proceed under this subsection
12 in a proceeding brought under subsection (b). Notice of the
13 petition shall be served by certified or registered mail on
14 all persons who were served notice under subsection (b).
15 If the township proves that the conditions described in
16 this subsection exist and the owner of record of the property
17 does not enter an appearance in the action, or, if title to
18 the property is held by an Illinois land trust, if neither
19 the owner of record nor the owner of the beneficial interest
20 of the trust enters an appearance, the court shall declare
21 the property abandoned.
22 If that determination is made, notice shall be sent by
23 certified or registered mail to all persons having an
24 interest of record in the property, including tax purchasers
25 and beneficial owners of any Illinois land trust having title
26 to the property, stating that title to the property will be
27 transferred to the township unless, within 30 days of the
28 notice, the owner of record enters an appearance in the
29 action, or unless any other person having an interest in the
30 property files with the court a request to demolish the
31 dangerous or unsafe building or to put the building in safe
32 condition.
33 If the owner of record enters an appearance in the action
34 within the 30 day period, the court shall vacate its order
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1 declaring the property abandoned. In that case, the township
2 may amend its complaint in order to initiate proceedings
3 under subsection (b).
4 If a request to demolish or repair the building is filed
5 within the 30 day period, the court shall grant permission to
6 the requesting party to demolish the building within 30 days
7 or to restore the building to safe condition within 60 days
8 after the request is granted. An extension of that period
9 for up to 60 additional days may be given for good cause. If
10 more than one person with an interest in the property files a
11 timely request, preference shall be given to the person with
12 the lien or other interest of the highest priority.
13 If the requesting party proves to the court that the
14 building has been demolished or put in a safe condition
15 within the period of time granted by the court, the court
16 shall issue a quitclaim judicial deed for the property to the
17 requesting party, conveying only the interest of the owner of
18 record, upon proof of payment to the township of all costs
19 incurred by the township in connection with the action,
20 including but not limited to court costs, attorney's fees,
21 administrative costs, the costs, if any, associated with
22 building enclosure or removal, and receiver's certificates.
23 The interest in the property so conveyed shall be subject to
24 all liens and encumbrances on the property. In addition, if
25 the interest is conveyed to a person holding a certificate of
26 purchase for the property under the Property Tax Code, the
27 conveyance shall be subject to the rights of redemption of
28 all persons entitled to redeem under that Act, including the
29 original owner of record.
30 If no person with an interest in the property files a
31 timely request or if the requesting party fails to demolish
32 the building or put the building in safe condition within the
33 time specified by the court, the township may petition the
34 court to issue a judicial deed for the property to the
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1 county. A conveyance by judicial deed shall operate to
2 extinguish all existing ownership interests in, liens on, and
3 other interest in the property, including tax liens.
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.