[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Enrolled ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
92_HB0027eng HB0027 Engrossed LRB9200661MWpk 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 HB0027 Engrossed -2- LRB9200661MWpk 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 HB0027 Engrossed -3- LRB9200661MWpk 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 HB0027 Engrossed -4- LRB9200661MWpk 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 HB0027 Engrossed -5- LRB9200661MWpk 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). HB0027 Engrossed -6- LRB9200661MWpk 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 HB0027 Engrossed -7- LRB9200661MWpk 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 HB0027 Engrossed -8- LRB9200661MWpk 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 HB0027 Engrossed -9- LRB9200661MWpk 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 HB0027 Engrossed -10- LRB9200661MWpk 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; HB0027 Engrossed -11- LRB9200661MWpk 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 HB0027 Engrossed -12- LRB9200661MWpk 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 HB0027 Engrossed -13- LRB9200661MWpk 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 HB0027 Engrossed -14- LRB9200661MWpk 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 HB0027 Engrossed -15- LRB9200661MWpk 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 HB0027 Engrossed -16- LRB9200661MWpk 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 a safe condition within 33 the time specified by the court, the township may petition 34 the court to issue a judicial deed for the property to the HB0027 Engrossed -17- LRB9200661MWpk 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.