[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_SB1171
LRB9104008PTpk
1 AN ACT to amend the Illinois Municipality Code by
2 changing 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, and other hazardous, noxious, or unhealthy substances
16 or materials from those buildings. In any county having
17 adopted by referendum or otherwise a county health department
18 as provided by Division 5-25 of the Counties Code or its
19 predecessor, the county board of that county may exercise
20 those powers with regard to dangerous and unsafe buildings or
21 uncompleted and abandoned buildings within the territory of
22 any city, village, or incorporated town having less than
23 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,
-2- LRB9104008PTpk
1 or enclose the building or to remove garbage, debris, and
2 other hazardous, noxious, or unhealthy substances or
3 materials from the building. It is not a defense to the
4 cause of action that the building is boarded up or otherwise
5 enclosed, although the court may order the defendant to have
6 the building boarded up or otherwise enclosed. Where, upon
7 diligent search, the identity or whereabouts of the owner or
8 owners of the building, including the lien holders of record,
9 is not ascertainable, notice mailed to the person or persons
10 in whose name the real estate was last assessed is sufficient
11 notice under this Section.
12 The hearing upon the application to the circuit court
13 shall be expedited by the court and shall be given precedence
14 over all other suits. Any person entitled to bring an action
15 under subsection (b) shall have the right to intervene in an
16 action brought under this Section.
17 The cost of the demolition, repair, enclosure, or removal
18 incurred by the municipality, by an intervenor, or by a lien
19 holder of record, including court costs, attorney's fees, and
20 other costs related to the enforcement of this Section, is
21 recoverable from the owner or owners of the real estate or
22 the previous owner or both if the property was transferred
23 during the 15 day notice period and is a lien on the real
24 estate; the lien is superior to all prior existing liens and
25 encumbrances, except taxes, if, within 180 days after the
26 repair, demolition, enclosure, or removal, the municipality,
27 the lien holder of record, or the intervenor who incurred the
28 cost and expense shall file a notice of lien for the cost and
29 expense incurred in the office of the recorder in the county
30 in which the real estate is located or in the office of the
31 registrar of titles of the county if the real estate affected
32 is registered under the Registered Titles (Torrens) Act.
33 The notice must consist of a sworn statement setting out
34 (1) a description of the real estate sufficient for its
-3- LRB9104008PTpk
1 identification, (2) the amount of money representing the cost
2 and expense incurred, and (3) the date or dates when the cost
3 and expense was incurred by the municipality, the lien holder
4 of record, or the intervenor. Upon payment of the cost and
5 expense by the owner of or persons interested in the property
6 after the notice of lien has been filed, the lien shall be
7 released by the municipality, the person in whose name the
8 lien has been filed, or the assignee of the lien, and the
9 release may be filed of record as in the case of filing
10 notice of lien. Unless the lien is enforced under subsection
11 (c), the lien may be enforced by foreclosure proceedings as
12 in the case of mortgage foreclosures under Article XV of the
13 Code of Civil Procedure or mechanics' lien foreclosures. An
14 action to foreclose this lien may be commenced at any time
15 after the date of filing of the notice of lien. The costs of
16 foreclosure incurred by the municipality, including court
17 costs, reasonable attorney's fees, advances to preserve the
18 property, and other costs related to the enforcement of this
19 subsection, plus statutory interest, are a lien on the real
20 estate and are recoverable by the municipality from the owner
21 or owners of the real estate.
22 All liens arising under this subsection (a) shall be
23 assignable. The assignee of the lien shall have the same
24 power to enforce the lien as the assigning party, except that
25 the lien may not be enforced under subsection (c).
26 If the appropriate official of any municipality
27 determines that any dangerous and unsafe building or
28 uncompleted and abandoned building within its territory
29 fulfills the requirements for an action by the municipality
30 under the Abandoned Housing Rehabilitation Act, the
31 municipality may petition under that Act in a proceeding
32 brought under this subsection.
33 (b) Any owner or tenant of real property within 1200
34 feet in any direction of any dangerous or unsafe building
-4- LRB9104008PTpk
1 located within the territory of a municipality with a
2 population of 500,000 or more may file with the appropriate
3 municipal authority a request that the municipality apply to
4 the circuit court of the county in which the building is
5 located for an order permitting the demolition, removal of
6 garbage, debris, and other noxious or unhealthy substances
7 and materials from, or repair or enclosure of the building in
8 the manner prescribed in subsection (a) of this Section. If
9 the municipality fails to institute an action in circuit
10 court within 90 days after the filing of the request, the
11 owner or tenant of real property within 1200 feet in any
12 direction of the building may institute an action in circuit
13 court seeking an order compelling the owner or owners of
14 record to demolish, remove garbage, debris, and other noxious
15 or unhealthy substances and materials from, repair or enclose
16 or to cause to be demolished, have garbage, debris, and other
17 noxious or unhealthy substances and materials removed from,
18 repaired, or enclosed the building in question. A private
19 owner or tenant who institutes an action under the preceding
20 sentence shall not be required to pay any fee to the clerk of
21 the circuit court. The cost of repair, removal, demolition,
22 or enclosure shall be borne by the owner or owners of record
23 of the building. In the event the owner or owners of record
24 fail to demolish, remove garbage, debris, and other noxious
25 or unhealthy substances and materials from, repair, or
26 enclose the building within 90 days of the date the court
27 entered its order, the owner or tenant who instituted the
28 action may request that the court join the municipality as a
29 party to the action. The court may order the municipality to
30 demolish, remove materials from, repair, or enclose the
31 building, or cause that action to be taken upon the request
32 of any owner or tenant who instituted the action or upon the
33 municipality's request. The municipality may file, and the
34 court may approve, a plan for rehabilitating the building in
-5- LRB9104008PTpk
1 question. A court order authorizing the municipality to
2 demolish, remove materials from, repair, or enclose a
3 building, or cause that action to be taken, shall not
4 preclude the court from adjudging the owner or owners of
5 record of the building in contempt of court due to the
6 failure to comply with the order to demolish, remove garbage,
7 debris, and other noxious or unhealthy substances and
8 materials from, repair, or enclose the building.
9 If a municipality or a person or persons other than the
10 owner or owners of record pay the cost of demolition, removal
11 of garbage, debris, and other noxious or unhealthy substances
12 and materials, repair, or enclosure pursuant to a court
13 order, the cost, including court costs, attorney's fees, and
14 other costs related to the enforcement of this subsection, is
15 recoverable from the owner or owners of the real estate and
16 is a lien on the real estate; the lien is superior to all
17 prior existing liens and encumbrances, except taxes, if,
18 within 180 days after the repair, removal, demolition, or
19 enclosure, the municipality or the person or persons who paid
20 the costs of demolition, removal, repair, or enclosure shall
21 file a notice of lien of the cost and expense incurred in the
22 office of the recorder in the county in which the real estate
23 is located or in the office of the registrar of the county if
24 the real estate affected is registered under the Registered
25 Titles (Torrens) Act. The notice shall be in a form as is
26 provided in subsection (a). An owner or tenant who
27 institutes an action in circuit court seeking an order to
28 compel the owner or owners of record to demolish, remove
29 materials from, repair, or enclose any dangerous or unsafe
30 building, or to cause that action to be taken under this
31 subsection may recover court costs and reasonable attorney's
32 fees for instituting the action from the owner or owners of
33 record of the building. Upon payment of the costs and
34 expenses by the owner of or a person interested in the
-6- LRB9104008PTpk
1 property after the notice of lien has been filed, the lien
2 shall be released by the municipality or the person in whose
3 name the lien has been filed or his or her assignee, and the
4 release may be filed of record as in the case of filing a
5 notice of lien. Unless the lien is enforced under subsection
6 (c), the lien may be enforced by foreclosure proceedings as
7 in the case of mortgage foreclosures under Article XV of the
8 Code of Civil Procedure or mechanics' lien foreclosures. An
9 action to foreclose this lien may be commenced at any time
10 after the date of filing of the notice of lien. The costs of
11 foreclosure incurred by the municipality, including court
12 costs, reasonable attorneys' fees, advances to preserve the
13 property, and other costs related to the enforcement of this
14 subsection, plus statutory interest, are a lien on the real
15 estate and are recoverable by the municipality from the owner
16 or owners of the real estate.
17 All liens arising under the terms of this subsection (b)
18 shall be assignable. The assignee of the lien shall have the
19 same power to enforce the lien as the assigning party, except
20 that the lien may not be enforced under subsection (c).
21 (c) In any case where a municipality has obtained a lien
22 under subsection (a), (b), or (f), the municipality may
23 enforce the lien under this subsection (c) in the same
24 proceeding in which the lien is authorized.
25 A municipality desiring to enforce a lien under this
26 subsection (c) shall petition the court to retain
27 jurisdiction for foreclosure proceedings under this
28 subsection. Notice of the petition shall be served, by
29 certified or registered mail, on all persons who were served
30 notice under subsection (a), (b), or (f). The court shall
31 conduct a hearing on the petition not less than 15 days after
32 the notice is served. If the court determines that the
33 requirements of this subsection (c) have been satisfied, it
34 shall grant the petition and retain jurisdiction over the
-7- LRB9104008PTpk
1 matter until the foreclosure proceeding is completed. The
2 costs of foreclosure incurred by the municipality, including
3 court costs, reasonable attorneys' fees, advances to preserve
4 the property, and other costs related to the enforcement of
5 this subsection, plus statutory interest, are a lien on the
6 real estate and are recoverable by the municipality from the
7 owner or owners of the real estate. If the court denies the
8 petition, the municipality may enforce the lien in a separate
9 action as provided in subsection (a), (b), or (f).
10 All persons designated in Section 15-1501 of the Code of
11 Civil Procedure as necessary parties in a mortgage
12 foreclosure action shall be joined as parties before issuance
13 of an order of foreclosure. Persons designated in Section
14 15-1501 of the Code of Civil Procedure as permissible parties
15 may also be joined as parties in the action.
16 The provisions of Article XV of the Code of Civil
17 Procedure applicable to mortgage foreclosures shall apply to
18 the foreclosure of a lien under this subsection (c), except
19 to the extent that those provisions are inconsistent with
20 this subsection. For purposes of foreclosures of liens
21 under this subsection, however, the redemption period
22 described in subsection (b) of Section 15-1603 of the Code of
23 Civil Procedure shall end 60 days after the date of entry of
24 the order of foreclosure.
25 (d) In addition to any other remedy provided by law, the
26 corporate authorities of any municipality may petition the
27 circuit court to have property declared abandoned under this
28 subsection (d) if:
29 (1) the property has been tax delinquent for 2 or
30 more years or bills for water service for the property
31 have been outstanding for 2 or more years;
32 (2) the property is unoccupied by persons legally
33 in possession; and
34 (3) the property contains a dangerous or unsafe
-8- LRB9104008PTpk
1 building.
2 All persons having an interest of record in the property,
3 including tax purchasers and beneficial owners of any
4 Illinois land trust having title to the property, shall be
5 named as defendants in the petition and shall be served with
6 process. In addition, service shall be had under Section
7 2-206 of the Code of Civil Procedure as in other cases
8 affecting property.
9 The municipality, however, may proceed under this
10 subsection in a proceeding brought under subsection (a) or
11 (b). Notice of the petition shall be served by certified or
12 registered mail on all persons who were served notice under
13 subsection (a) or (b).
14 If the municipality proves that the conditions described
15 in this subsection exist and the owner of record of the
16 property does not enter an appearance in the action, or, if
17 title to the property is held by an Illinois land trust, if
18 neither the owner of record nor the owner of the beneficial
19 interest of the trust enters an appearance, the court shall
20 declare the property abandoned.
21 If that determination is made, notice shall be sent by
22 certified or registered mail to all persons having an
23 interest of record in the property, including tax purchasers
24 and beneficial owners of any Illinois land trust having title
25 to the property, stating that title to the property will be
26 transferred to the municipality unless, within 30 days of the
27 notice, the owner of record enters an appearance in the
28 action, or unless any other person having an interest in the
29 property files with the court a request to demolish the
30 dangerous or unsafe building or to put the building in safe
31 condition.
32 If the owner of record enters an appearance in the action
33 within the 30 day period, the court shall vacate its order
34 declaring the property abandoned. In that case, the
-9- LRB9104008PTpk
1 municipality may amend its complaint in order to initiate
2 proceedings under subsection (a).
3 If a request to demolish or repair the building is filed
4 within the 30 day period, the court shall grant permission to
5 the requesting party to demolish the building within 30 days
6 or to restore the building to safe condition within 60 days
7 after the request is granted. An extension of that period
8 for up to 60 additional days may be given for good cause. If
9 more than one person with an interest in the property files a
10 timely request, preference shall be given to the person with
11 the lien or other interest of the highest priority.
12 If the requesting party proves to the court that the
13 building has been demolished or put in a safe condition
14 within the period of time granted by the court, the court
15 shall issue a quitclaim judicial deed for the property to the
16 requesting party, conveying only the interest of the owner of
17 record, upon proof of payment to the municipality of all
18 costs incurred by the municipality in connection with the
19 action, including but not limited to court costs, attorney's
20 fees, administrative costs, the costs, if any, associated
21 with building enclosure or removal, and receiver's
22 certificates. The interest in the property so conveyed shall
23 be subject to all liens and encumbrances on the property. In
24 addition, if the interest is conveyed to a person holding a
25 certificate of purchase for the property under the Property
26 Tax Code, the conveyance shall be subject to the rights of
27 redemption of all persons entitled to redeem under that Act,
28 including the original owner of record.
29 If no person with an interest in the property files a
30 timely request or if the requesting party fails to demolish
31 the building or put the building in safe condition within the
32 time specified by the court, the municipality may petition
33 the court to issue a judicial deed for the property to the
34 municipality. A conveyance by judicial deed shall operate to
-10- LRB9104008PTpk
1 extinguish all existing ownership interests in, liens on, and
2 other interest in the property, including tax liens.
3 (e) Each municipality may use the provisions of this
4 subsection to expedite the removal of certain buildings that
5 are a continuing hazard to the community in which they are
6 located.
7 If a residential or commercial building is 3 stories or
8 less in height as defined by the municipality's building
9 code, and the corporate official designated to be in charge
10 of enforcing the municipality's building code determines that
11 the building is open and vacant and an immediate and
12 continuing hazard to the community in which the building is
13 located, then the official shall be authorized to post a
14 notice not less than 2 feet by 2 feet in size on the front of
15 the building. The notice shall be dated as of the date of
16 the posting and shall state that unless the building is
17 demolished, repaired, or enclosed, and unless any garbage,
18 debris, and other hazardous, noxious, or unhealthy substances
19 or materials are removed so that an immediate and continuing
20 hazard to the community no longer exists, then the building
21 may be demolished, repaired, or enclosed, or any garbage,
22 debris, and other hazardous, noxious, or unhealthy substances
23 or materials may be removed, by the municipality.
24 Not later than 30 days following the posting of the
25 notice, the municipality shall do both of the following:
26 (1) Cause to be sent, by certified mail, return
27 receipt requested, a notice to all owners of record of
28 the property, the beneficial owners of any Illinois land
29 trust having title to the property, and all lienholders
30 of record in the property, stating the intent of the
31 municipality to demolish, repair, or enclose the building
32 or remove any garbage, debris, or other hazardous,
33 noxious, or unhealthy substances or materials if that
34 action is not taken by the owner or owners.
-11- LRB9104008PTpk
1 (2) Cause to be published, in a newspaper published
2 or circulated in the municipality where the building is
3 located, a notice setting forth (i) the permanent tax
4 index number and the address of the building, (ii) a
5 statement that the property is open and vacant and
6 constitutes an immediate and continuing hazard to the
7 community, and (iii) a statement that the municipality
8 intends to demolish, repair, or enclose the building or
9 remove any garbage, debris, or other hazardous, noxious,
10 or unhealthy substances or materials if the owner or
11 owners or lienholders of record fail to do so. This
12 notice shall be published for 3 consecutive days.
13 Any A person or persons with a current legal or equitable
14 interest in the property objecting to the proposed actions of
15 the corporate authorities may file his or her objection in an
16 appropriate form in a court of competent jurisdiction.
17 If the building is not demolished, repaired, or enclosed,
18 or the garbage, debris, or other hazardous, noxious, or
19 unhealthy substances or materials are not removed, within 30
20 days of mailing the notice to the owners of record, the
21 beneficial owners of any Illinois land trust having title to
22 the property, and all lienholders of record in the property,
23 or within 30 days of the last day of publication of the
24 notice, whichever is later, the corporate authorities shall
25 have the power to demolish, repair, or enclose the building
26 or to remove any garbage, debris, or other hazardous,
27 noxious, or unhealthy substances or materials.
28 The municipality may proceed to demolish, repair, or
29 enclose a building or remove any garbage, debris, or other
30 hazardous, noxious, or unhealthy substances or materials
31 under this subsection within a 120-day period following the
32 date of the mailing of the notice if the appropriate official
33 determines that the demolition, repair, enclosure, or removal
34 of any garbage, debris, or other hazardous, noxious, or
-12- LRB9104008PTpk
1 unhealthy substances or materials is necessary to remedy the
2 immediate and continuing hazard. If, however, before the
3 municipality proceeds with any of the actions authorized by
4 this subsection, any person with a legal or equitable
5 interest in the property has sought a hearing under this
6 subsection before a court and has served a copy of the
7 complaint on the chief executive officer of the municipality,
8 then the municipality shall not proceed with the demolition,
9 repair, enclosure, or removal of garbage, debris, or other
10 substances until the court determines that that action is
11 necessary to remedy the hazard and issues an order
12 authorizing the municipality to do so.
13 Following the demolition, repair, or enclosure of a
14 building, or the removal of garbage, debris, or other
15 hazardous, noxious, or unhealthy substances or materials
16 under this subsection, the municipality may file a notice of
17 lien against the real estate for the cost of the demolition,
18 repair, enclosure, or removal; the lien is superior to all
19 prior existing liens and encumbrances, except taxes, if
20 within 180 days after the repair, demolition, enclosure, or
21 removal, the municipality files a notice of lien occurred,
22 for the cost and expense incurred, in the office of the
23 recorder in the county in which the real estate is located or
24 in the office of the registrar of titles of the county if the
25 real estate affected is registered under the Registered
26 Titles (Torrens) Act. The notice of lien shall consist of a
27 sworn statement setting forth (i) a description of the real
28 estate, such as the address or other description of the
29 property, sufficient for its identification; (ii) the
30 expenses incurred by the municipality in undertaking the
31 remedial actions authorized under this subsection; (iii) the
32 date or dates the expenses were incurred by the municipality;
33 (iv) a statement by the corporate official responsible for
34 enforcing the building code that the building was open and
-13- LRB9104008PTpk
1 vacant and constituted an immediate and continuing hazard to
2 the community; (v) a statement by the corporate official that
3 the required sign was posted on the building, that notice was
4 sent by certified mail to the owners of record, and that
5 notice was published in accordance with this subsection; and
6 (vi) a statement as to when and where the notice was
7 published. The lien authorized by this subsection may
8 thereafter be released or enforced by the municipality as
9 provided in subsection (a).
10 (f) The corporate authorities of each municipality may
11 remove or cause the removal of, or otherwise environmentally
12 remediate hazardous substances on, in, or under any abandoned
13 and unsafe property within the territory of a municipality.
14 In addition, where preliminary evidence indicates the
15 presence or likely presence of a hazardous substance or a
16 release or a substantial threat of a release of a hazardous
17 substance on, in, or under the property, the corporate
18 authorities of the municipality may inspect the property and
19 test for the presence or release of hazardous substances. In
20 any county having adopted by referendum or otherwise a county
21 health department as provided by Division 5-25 of the
22 Counties Code or its predecessor, the county board of that
23 county may exercise the above-described powers with regard to
24 property within the territory of any city, village, or
25 incorporated town having less than 50,000 population.
26 For purposes of this subsection (f):
27 (1) "property" or "real estate" means all real
28 property, whether or not improved by a structure;
29 (2) "abandoned" means;
30 (A) the property has been tax delinquent for 2
31 or more years;
32 (B) the property is unoccupied by persons
33 legally in possession; and
34 (3) "unsafe" means property that presents an actual
-14- LRB9104008PTpk
1 or imminent threat to public health and safety caused by
2 the release of hazardous substances; and
3 (4) "hazardous substances" means the same as in
4 Section 3.14 of the Environmental Protection Act.
5 The corporate authorities shall apply to the circuit
6 court of the county in which the property is located (i) for
7 an order allowing the municipality to enter the property and
8 inspect and test substances on, in, or under the property; or
9 (ii) for an order authorizing the corporate authorities to
10 take action with respect to remediation of the property if
11 conditions on the property, based on the inspection and
12 testing authorized in paragraph (i), indicate the presence of
13 hazardous substances. Remediation shall be deemed complete
14 for purposes of paragraph (ii) above when the property
15 satisfies Tier I, II, or III remediation objectives for the
16 property's most recent usage, as established by the
17 Environmental Protection Act, and the rules and regulations
18 promulgated thereunder. Where, upon diligent search, the
19 identity or whereabouts of the owner or owners of the
20 property, including the lien holders of record, is not
21 ascertainable, notice mailed to the person or persons in
22 whose name the real estate was last assessed is sufficient
23 notice under this Section.
24 The court shall grant an order authorizing testing under
25 paragraph (i) above upon a showing of preliminary evidence
26 indicating the presence or likely presence of a hazardous
27 substance or a release of or a substantial threat of a
28 release of a hazardous substance on, in, or under abandoned
29 property. The preliminary evidence may include, but is not
30 limited to, evidence of prior use, visual site inspection, or
31 records of prior environmental investigations. The testing
32 authorized by paragraph (i) above shall include any type of
33 investigation which is necessary for an environmental
34 professional to determine the environmental condition of the
-15- LRB9104008PTpk
1 property, including but not limited to performance of soil
2 borings and groundwater monitoring. The court shall grant a
3 remediation order under paragraph (ii) above where testing of
4 the property indicates that it fails to meet the applicable
5 remediation objectives. The hearing upon the application to
6 the circuit court shall be expedited by the court and shall
7 be given precedence over all other suits.
8 The cost of the inspection, testing, or remediation
9 incurred by the municipality or by a lien holder of record,
10 including court costs, attorney's fees, and other costs
11 related to the enforcement of this Section, is a lien on the
12 real estate; except that in any instances where a
13 municipality incurs costs of inspection and testing but finds
14 no hazardous substances on the property that present an
15 actual or imminent threat to public health and safety, such
16 costs are not recoverable from the owners nor are such costs
17 a lien on the real estate. The lien is superior to all prior
18 existing liens and encumbrances, except taxes and any lien
19 obtained under subsection (a) or (e), if, within 180 days
20 after the completion of the inspection, testing, or
21 remediation, the municipality or the lien holder of record
22 who incurred the cost and expense shall file a notice of lien
23 for the cost and expense incurred in the office of the
24 recorder in the county in which the real estate is located or
25 in the office of the registrar of titles of the county if the
26 real estate affected is registered under the Registered
27 Titles (Torrens) Act.
28 The notice must consist of a sworn statement setting out
29 (i) a description of the real estate sufficient for its
30 identification, (ii) the amount of money representing the
31 cost and expense incurred, and (iii) the date or dates when
32 the cost and expense was incurred by the municipality or the
33 lien holder of record. Upon payment of the lien amount by
34 the owner of or persons interested in the property after the
-16- LRB9104008PTpk
1 notice of lien has been filed, a release of lien shall be
2 issued by the municipality, the person in whose name the lien
3 has been filed, or the assignee of the lien, and the release
4 may be filed of record as in the case of filing notice of
5 lien.
6 The lien may be enforced under subsection (c) or by
7 foreclosure proceedings as in the case of mortgage
8 foreclosures under Article XV of the Code of Civil Procedure
9 or mechanics' lien foreclosures; provided that where the lien
10 is enforced by foreclosure under subsection (c) or under
11 either statute, the municipality may not proceed against the
12 other assets of the owner or owners of the real estate for
13 any costs that otherwise would be recoverable under this
14 Section but that remain unsatisfied after foreclosure except
15 where such additional recovery is authorized by separate
16 environmental laws. An action to foreclose this lien may be
17 commenced at any time after the date of filing of the notice
18 of lien. The costs of foreclosure incurred by the
19 municipality, including court costs, reasonable attorney's
20 fees, advances to preserve the property, and other costs
21 related to the enforcement of this subsection, plus statutory
22 interest, are a lien on the real estate.
23 All liens arising under this subsection (f) 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 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96;
28 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)