[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4037
LRB9112191MWpc
1 AN ACT to amend the Counties Code by changing Section
2 5-1121.
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. 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
23 any city, village, or incorporated town having a population
24 of less than 50,000.
25 The county board shall apply to the circuit court of the
26 county in which the building is located (i) for an order
27 authorizing action to be taken with respect to a building if
28 the owner or owners of the building, including the lien
29 holders of record, after at least 15 days' written notice by
30 mail to do so, have failed to commence proceedings to put the
31 building in a safe condition or to demolish it or (ii) for an
-2- LRB9112191MWpc
1 order requiring the owner or owners of record to demolish,
2 repair, or enclose the building or to remove garbage, debris,
3 and other hazardous, noxious, or unhealthy substances or
4 materials from the building. It is not a defense to the
5 cause of action that the building is boarded up or otherwise
6 enclosed, although the court may order the defendant to have
7 the building boarded up or otherwise enclosed. Where, upon
8 diligent search, the identity or whereabouts of the owner or
9 owners of the building, including the lien holders of record,
10 is not ascertainable, notice mailed to the person or persons
11 in whose name the real estate was last assessed and the
12 posting of such notice upon the premises sought to be
13 demolished or repaired is sufficient notice under this
14 Section.
15 The hearing upon the application to the circuit court
16 shall be expedited by the court and shall be given precedence
17 over all other suits.
18 The cost of the demolition, repair, enclosure, or removal
19 incurred by the county, by an intervenor, or by a lien holder
20 of record, including court costs, attorney's fees, and other
21 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 county, the
28 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
-3- LRB9112191MWpc
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 county, the lien holder of
5 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 county, the person in whose name the lien has
9 been filed, or the assignee of the lien, and the release may
10 be filed of record as in the case of filing notice of lien.
11 Unless the lien is enforced under subsection (b), the lien
12 may be enforced by foreclosure proceedings as in the case of
13 mortgage foreclosures under Article XV of the Code of Civil
14 Procedure or mechanics' lien foreclosures. An action to
15 foreclose this lien may be commenced at any time after the
16 date of filing of the notice of lien. The costs of
17 foreclosure incurred by the county, including court costs,
18 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 county from the owner or
22 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 (b).
27 If the appropriate official of any county determines that
28 any dangerous and unsafe building or uncompleted and
29 abandoned building within its territory fulfills the
30 requirements for an action by the county under the Abandoned
31 Housing Rehabilitation Act, the county may petition under
32 that Act in a proceeding brought under this subsection.
33 (b) In any case where a county has obtained a lien under
34 subsection (a), the county may enforce the lien under this
-4- LRB9112191MWpc
1 subsection (b) in the same proceeding in which the lien is
2 authorized.
3 A county desiring to enforce a lien under this subsection
4 (b) shall petition the court to retain jurisdiction for
5 foreclosure proceedings under this subsection. Notice of the
6 petition shall be served, by certified or registered mail, on
7 all persons who were served notice under subsection (a). The
8 court shall conduct a hearing on the petition not less than
9 15 days after the notice is served. If the court determines
10 that the requirements of this subsection (b) have been
11 satisfied, it shall grant the petition and retain
12 jurisdiction over the matter until the foreclosure proceeding
13 is completed. The costs of foreclosure incurred by the
14 county, including court costs, reasonable attorneys' fees,
15 advances to preserve the property, and other costs related to
16 the enforcement of this subsection, plus statutory interest,
17 are a lien on the real estate and are recoverable by the
18 county from the owner or owners of the real estate. If the
19 court denies the petition, the county may enforce the lien in
20 a separate action as provided in subsection (a).
21 All persons designated in Section 15-1501 of the Code of
22 Civil Procedure as necessary parties in a mortgage
23 foreclosure action shall be joined as parties before issuance
24 of an order of foreclosure. Persons designated in Section
25 15-1501 of the Code of Civil Procedure as permissible parties
26 may also be joined as parties in the action.
27 The provisions of Article XV of the Code of Civil
28 Procedure applicable to mortgage foreclosures shall apply to
29 the foreclosure of a lien under this subsection (b), except
30 to the extent that those provisions are inconsistent with
31 this subsection. For purposes of foreclosures of liens
32 under this subsection, however, the redemption period
33 described in subsection (b) of Section 15-1603 of the Code of
34 Civil Procedure shall end 60 days after the date of entry of
-5- LRB9112191MWpc
1 the order of foreclosure.
2 (c) In addition to any other remedy provided by law, the
3 county board of any county may petition the circuit court to
4 have property declared abandoned under this subsection (c)
5 if:
6 (1) the property has been tax delinquent for 2 or
7 more years or bills for water service for the property
8 have been outstanding for 2 or more years;
9 (2) the property is unoccupied by persons legally
10 in possession; and
11 (3) the property contains a dangerous or unsafe
12 building.
13 All persons having an interest of record in the property,
14 including tax purchasers and beneficial owners of any
15 Illinois land trust having title to the property, shall be
16 named as defendants in the petition and shall be served with
17 process. In addition, service shall be had under Section
18 2-206 of the Code of Civil Procedure as in other cases
19 affecting property.
20 The county, however, may proceed under this subsection in
21 a proceeding brought under subsection (a). Notice of the
22 petition shall be served by certified or registered mail on
23 all persons who were served notice under subsection (a).
24 If the county proves that the conditions described in
25 this subsection exist and the owner of record of the property
26 does not enter an appearance in the action, or, if title to
27 the property is held by an Illinois land trust, if neither
28 the owner of record nor the owner of the beneficial interest
29 of the trust enters an appearance, the court shall declare
30 the property abandoned.
31 If that determination is made, notice shall be sent by
32 certified or registered mail to all persons having an
33 interest of record in the property, including tax purchasers
34 and beneficial owners of any Illinois land trust having title
-6- LRB9112191MWpc
1 to the property, stating that title to the property will be
2 transferred to the county unless, within 30 days of the
3 notice, the owner of record enters an appearance in the
4 action, or unless any other person having an interest in the
5 property files with the court a request to demolish the
6 dangerous or unsafe building or to put the building in safe
7 condition.
8 If the owner of record enters an appearance in the action
9 within the 30 day period, the court shall vacate its order
10 declaring the property abandoned. In that case, the county
11 may amend its complaint in order to initiate proceedings
12 under subsection (a).
13 If a request to demolish or repair the building is filed
14 within the 30 day period, the court shall grant permission to
15 the requesting party to demolish the building within 30 days
16 or to restore the building to safe condition within 60 days
17 after the request is granted. An extension of that period
18 for up to 60 additional days may be given for good cause. If
19 more than one person with an interest in the property files a
20 timely request, preference shall be given to the person with
21 the lien or other interest of the highest priority.
22 If the requesting party proves to the court that the
23 building has been demolished or put in a safe condition
24 within the period of time granted by the court, the court
25 shall issue a quitclaim judicial deed for the property to the
26 requesting party, conveying only the interest of the owner of
27 record, upon proof of payment to the county of all costs
28 incurred by the county in connection with the action,
29 including but not limited to court costs, attorney's fees,
30 administrative costs, the costs, if any, associated with
31 building enclosure or removal, and receiver's certificates.
32 The interest in the property so conveyed shall be subject to
33 all liens and encumbrances on the property. In addition, if
34 the interest is conveyed to a person holding a certificate of
-7- LRB9112191MWpc
1 purchase for the property under the Property Tax Code, the
2 conveyance shall be subject to the rights of redemption of
3 all persons entitled to redeem under that Act, including the
4 original owner of record.
5 If no person with an interest in the property files a
6 timely request or if the requesting party fails to demolish
7 the building or put the building in safe condition within the
8 time specified by the court, the county may petition the
9 court to issue a judicial deed for the property to the
10 county. A conveyance by judicial deed shall operate to
11 extinguish all existing ownership interests in, liens on, and
12 other interest in the property, including tax liens.
13 (d) Each county may use the provisions of this
14 subsection to expedite the removal of certain buildings that
15 are a continuing hazard to the community in which they are
16 located.
17 If a residential building is 2 stories or less in height
18 as defined by the county's building code, and the official
19 designated to be in charge of enforcing the county's building
20 code determines that the building is open and vacant and an
21 immediate and continuing hazard to the community in which the
22 building is located, then the official shall be authorized to
23 post a notice not less than 2 feet by 2 feet in size on the
24 front of the building. The notice shall be dated as of the
25 date of the posting and shall state that unless the building
26 is demolished, repaired, or enclosed, and unless any garbage,
27 debris, and other hazardous, noxious, or unhealthy substances
28 or materials are removed so that an immediate and continuing
29 hazard to the community no longer exists, then the building
30 may be demolished, repaired, or enclosed, or any garbage,
31 debris, and other hazardous, noxious, or unhealthy substances
32 or materials may be removed, by the county.
33 Not later than 30 days following the posting of the
34 notice, the county shall do both of the following:
-8- LRB9112191MWpc
1 (1) Cause to be sent, by certified mail, return
2 receipt requested, a notice to all owners of record of
3 the property, the beneficial owners of any Illinois land
4 trust having title to the property, and all lienholders
5 of record in the property, stating the intent of the
6 county to demolish, repair, or enclose the building or
7 remove any garbage, debris, or other hazardous, noxious,
8 or unhealthy substances or materials if that action is
9 not taken by the owner or owners.
10 (2) Cause to be published, in a newspaper published
11 or circulated in the county where the building is
12 located, a notice setting forth (i) the permanent tax
13 index number and the address of the building, (ii) a
14 statement that the property is open and vacant and
15 constitutes an immediate and continuing hazard to the
16 community, and (iii) a statement that the county intends
17 to demolish, repair, or enclose the building or remove
18 any garbage, debris, or other hazardous, noxious, or
19 unhealthy substances or materials if the owner or owners
20 or lienholders of record fail to do so. This notice
21 shall be published for 3 consecutive days.
22 A person objecting to the proposed actions of the county
23 board may file his or her objection in an appropriate form in
24 a court of competent jurisdiction.
25 If the building is not demolished, repaired, or enclosed,
26 or the garbage, debris, or other hazardous, noxious, or
27 unhealthy substances or materials are not removed, within 30
28 days of mailing the notice to the owners of record, the
29 beneficial owners of any Illinois land trust having title to
30 the property, and all lienholders of record in the property,
31 or within 30 days of the last day of publication of the
32 notice, whichever is later, the county board shall have the
33 power to demolish, repair, or enclose the building or to
34 remove any garbage, debris, or other hazardous, noxious, or
-9- LRB9112191MWpc
1 unhealthy substances or materials.
2 The county may proceed to demolish, repair, or enclose a
3 building or remove any garbage, debris, or other hazardous,
4 noxious, or unhealthy substances or materials under this
5 subsection within a 120-day period following the date of the
6 mailing of the notice if the appropriate official determines
7 that the demolition, repair, enclosure, or removal of any
8 garbage, debris, or other hazardous, noxious, or unhealthy
9 substances or materials is necessary to remedy the immediate
10 and continuing hazard. If, however, before the county
11 proceeds with any of the actions authorized by this
12 subsection, any person has sought a hearing under this
13 subsection before a court and has served a copy of the
14 complaint on the chief executive officer of the county, then
15 the county shall not proceed with the demolition, repair,
16 enclosure, or removal of garbage, debris, or other substances
17 until the court determines that that action is necessary to
18 remedy the hazard and issues an order authorizing the county
19 to do so.
20 Following the demolition, repair, or enclosure of a
21 building, or the removal of garbage, debris, or other
22 hazardous, noxious, or unhealthy substances or materials
23 under this subsection, the county may file a notice of lien
24 against the real estate for the cost of the demolition,
25 repair, enclosure, or removal within 180 days after the
26 repair, demolition, enclosure, or removal occurred, for the
27 cost and expense incurred, in the office of the recorder in
28 the county in which the real estate is located or in the
29 office of the registrar of titles of the county if the real
30 estate affected is registered under the Registered Titles
31 (Torrens) Act. The notice of lien shall consist of a sworn
32 statement setting forth (i) a description of the real estate,
33 such as the address or other description of the property,
34 sufficient for its identification; (ii) the expenses incurred
-10- LRB9112191MWpc
1 by the county in undertaking the remedial actions authorized
2 under this subsection; (iii) the date or dates the expenses
3 were incurred by the county; (iv) a statement by the official
4 responsible for enforcing the building code that the building
5 was open and vacant and constituted an immediate and
6 continuing hazard to the community; (v) a statement by the
7 official that the required sign was posted on the building,
8 that notice was sent by certified mail to the owners of
9 record, and that notice was published in accordance with this
10 subsection; and (vi) a statement as to when and where the
11 notice was published. The lien authorized by this subsection
12 may thereafter be released or enforced by the county as
13 provided in subsection (a).
14 (e) In any case where a county has obtained a lien under
15 subsection (a), the county may also bring an action for a
16 money judgment against the owner or owners of the real estate
17 in the amount of the lien in the same manner as provided for
18 bringing causes of action in Article II of the Code of Civil
19 Procedure and, upon obtaining a judgment, file a judgment
20 lien against all of the real estate of the owner or owners
21 and enforce that lien as provided for in Article XII of the
22 Code of Civil Procedure.
23 (Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97;
24 91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)