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| [ Senate Amendment 001 ] |
91_SB1171enr SB1171 Enrolled LRB9104008PTpk 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, 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, SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 SB1171 Enrolled -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 allbothof the following: 26 (1) Cause to be sent, by certified mail, return 27 receipt requested, a Notice to Remediate to all owners of 28 record of the property, the beneficial owners of any 29 Illinois land trust having title to the property, and all 30 lienholders of record in the property, stating the intent 31 of the municipality to demolish, repair, or enclose the 32 building or remove any garbage, debris, or other 33 hazardous, noxious, or unhealthy substances or materials 34 if that action is not taken by the owner or owners. SB1171 Enrolled -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 (3) Cause to be recorded the Notice to Remediate 14 mailed under paragraph (1) in the office of the recorder 15 in the county in which the real estate is located or in 16 the office of the registrar of titles of the county if 17 the real estate is registered under the Registered Title 18 (Torrens) Act. 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, or other hazardous, noxious, or 24 unhealthy substances or materials are not removed, within 30 25 days of mailing the notice to the owners of record, the 26 beneficial owners of any Illinois land trust having title to 27 the property, and all lienholders of record in the property, 28 or within 30 days of the last day of publication of the 29 notice, whichever is later, the corporate authorities shall 30 have the power to demolish, repair, or enclose the building 31 or to remove any garbage, debris, or other hazardous, 32 noxious, or unhealthy substances or materials. 33 The municipality may proceed to demolish, repair, or 34 enclose a building or remove any garbage, debris, or other SB1171 Enrolled -12- LRB9104008PTpk 1 hazardous, noxious, or unhealthy substances or materials 2 under this subsection within a 120-day period following the 3 date of the mailing of the notice if the appropriate official 4 determines that the demolition, repair, enclosure, or removal 5 of any garbage, debris, or other hazardous, noxious, or 6 unhealthy substances or materials is necessary to remedy the 7 immediate and continuing hazard. If, however, before the 8 municipality proceeds with any of the actions authorized by 9 this subsection, any person has sought a hearing under this 10 subsection before a court and has served a copy of the 11 complaint on the chief executive officer of the municipality, 12 then the municipality shall not proceed with the demolition, 13 repair, enclosure, or removal of garbage, debris, or other 14 substances until the court determines that that action is 15 necessary to remedy the hazard and issues an order 16 authorizing the municipality to do so. 17 Following the demolition, repair, or enclosure of a 18 building, or the removal of garbage, debris, or other 19 hazardous, noxious, or unhealthy substances or materials 20 under this subsection, the municipality may file a notice of 21 lien against the real estate for the cost of the demolition, 22 repair, enclosure, or removal within 180 days after the 23 repair, demolition, enclosure, or removal occurred, for the 24 cost and expense incurred, in the office of the recorder in 25 the county in which the real estate is located or in the 26 office of the registrar of titles of the county if the real 27 estate affected is registered under the Registered Titles 28 (Torrens) Act; this lien has priority over the interests of 29 those parties named in the Notice to Remediate mailed under 30 paragraph (1), but not over the interests of third party 31 purchasers or encumbrancers for value who obtained their 32 interests in the property before obtaining actual or 33 constructive notice of the lien. The notice of lien shall 34 consist of a sworn statement setting forth (i) a description SB1171 Enrolled -13- LRB9104008PTpk 1 of the real estate, such as the address or other description 2 of the property, sufficient for its identification; (ii) the 3 expenses incurred by the municipality in undertaking the 4 remedial actions authorized under this subsection; (iii) the 5 date or dates the expenses were incurred by the municipality; 6 (iv) a statement by the corporate official responsible for 7 enforcing the building code that the building was open and 8 vacant and constituted an immediate and continuing hazard to 9 the community; (v) a statement by the corporate official that 10 the required sign was posted on the building, that notice was 11 sent by certified mail to the owners of record, and that 12 notice was published in accordance with this subsection; and 13 (vi) a statement as to when and where the notice was 14 published. The lien authorized by this subsection may 15 thereafter be released or enforced by the municipality as 16 provided in subsection (a). 17 (f) The corporate authorities of each municipality may 18 remove or cause the removal of, or otherwise environmentally 19 remediate hazardous substances on, in, or under any abandoned 20 and unsafe property within the territory of a municipality. 21 In addition, where preliminary evidence indicates the 22 presence or likely presence of a hazardous substance or a 23 release or a substantial threat of a release of a hazardous 24 substance on, in, or under the property, the corporate 25 authorities of the municipality may inspect the property and 26 test for the presence or release of hazardous substances. In 27 any county having adopted by referendum or otherwise a county 28 health department as provided by Division 5-25 of the 29 Counties Code or its predecessor, the county board of that 30 county may exercise the above-described powers with regard to 31 property within the territory of any city, village, or 32 incorporated town having less than 50,000 population. 33 For purposes of this subsection (f): 34 (1) "property" or "real estate" means all real SB1171 Enrolled -14- LRB9104008PTpk 1 property, whether or not improved by a structure; 2 (2) "abandoned" means; 3 (A) the property has been tax delinquent for 2 4 or more years; 5 (B) the property is unoccupied by persons 6 legally in possession; and 7 (3) "unsafe" means property that presents an actual 8 or imminent threat to public health and safety caused by 9 the release of hazardous substances; and 10 (4) "hazardous substances" means the same as in 11 Section 3.14 of the Environmental Protection Act. 12 The corporate authorities shall apply to the circuit 13 court of the county in which the property is located (i) for 14 an order allowing the municipality to enter the property and 15 inspect and test substances on, in, or under the property; or 16 (ii) for an order authorizing the corporate authorities to 17 take action with respect to remediation of the property if 18 conditions on the property, based on the inspection and 19 testing authorized in paragraph (i), indicate the presence of 20 hazardous substances. Remediation shall be deemed complete 21 for purposes of paragraph (ii) above when the property 22 satisfies Tier I, II, or III remediation objectives for the 23 property's most recent usage, as established by the 24 Environmental Protection Act, and the rules and regulations 25 promulgated thereunder. Where, upon diligent search, the 26 identity or whereabouts of the owner or owners of the 27 property, including the lien holders of record, is not 28 ascertainable, notice mailed to the person or persons in 29 whose name the real estate was last assessed is sufficient 30 notice under this Section. 31 The court shall grant an order authorizing testing under 32 paragraph (i) above upon a showing of preliminary evidence 33 indicating the presence or likely presence of a hazardous 34 substance or a release of or a substantial threat of a SB1171 Enrolled -15- LRB9104008PTpk 1 release of a hazardous substance on, in, or under abandoned 2 property. The preliminary evidence may include, but is not 3 limited to, evidence of prior use, visual site inspection, or 4 records of prior environmental investigations. The testing 5 authorized by paragraph (i) above shall include any type of 6 investigation which is necessary for an environmental 7 professional to determine the environmental condition of the 8 property, including but not limited to performance of soil 9 borings and groundwater monitoring. The court shall grant a 10 remediation order under paragraph (ii) above where testing of 11 the property indicates that it fails to meet the applicable 12 remediation objectives. The hearing upon the application to 13 the circuit court shall be expedited by the court and shall 14 be given precedence over all other suits. 15 The cost of the inspection, testing, or remediation 16 incurred by the municipality or by a lien holder of record, 17 including court costs, attorney's fees, and other costs 18 related to the enforcement of this Section, is a lien on the 19 real estate; except that in any instances where a 20 municipality incurs costs of inspection and testing but finds 21 no hazardous substances on the property that present an 22 actual or imminent threat to public health and safety, such 23 costs are not recoverable from the owners nor are such costs 24 a lien on the real estate. The lien is superior to all prior 25 existing liens and encumbrances, except taxes and any lien 26 obtained under subsection (a) or (e), if, within 180 days 27 after the completion of the inspection, testing, or 28 remediation, the municipality or the lien holder of record 29 who incurred the cost and expense shall file a notice of lien 30 for the cost and expense incurred in the office of the 31 recorder in the county in which the real estate is located or 32 in the office of the registrar of titles of the county if the 33 real estate affected is registered under the Registered 34 Titles (Torrens) Act. SB1171 Enrolled -16- LRB9104008PTpk 1 The notice must consist of a sworn statement setting out 2 (i) a description of the real estate sufficient for its 3 identification, (ii) the amount of money representing the 4 cost and expense incurred, and (iii) the date or dates when 5 the cost and expense was incurred by the municipality or the 6 lien holder of record. Upon payment of the lien amount by 7 the owner of or persons interested in the property after the 8 notice of lien has been filed, a release of lien shall be 9 issued by the municipality, the person in whose name the lien 10 has been filed, or the assignee of the lien, and the release 11 may be filed of record as in the case of filing notice of 12 lien. 13 The lien may be enforced under subsection (c) or by 14 foreclosure proceedings as in the case of mortgage 15 foreclosures under Article XV of the Code of Civil Procedure 16 or mechanics' lien foreclosures; provided that where the lien 17 is enforced by foreclosure under subsection (c) or under 18 either statute, the municipality may not proceed against the 19 other assets of the owner or owners of the real estate for 20 any costs that otherwise would be recoverable under this 21 Section but that remain unsatisfied after foreclosure except 22 where such additional recovery is authorized by separate 23 environmental laws. An action to foreclose this lien may be 24 commenced at any time after the date of filing of the notice 25 of lien. The costs of foreclosure incurred by the 26 municipality, including court costs, reasonable attorney's 27 fees, advances to preserve the property, and other costs 28 related to the enforcement of this subsection, plus statutory 29 interest, are a lien on the real estate. 30 All liens arising under this subsection (f) shall be 31 assignable. The assignee of the lien shall have the same 32 power to enforce the lien as the assigning party, except that 33 the lien may not be enforced under subsection (c). 34 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; SB1171 Enrolled -17- LRB9104008PTpk 1 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)