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92_HB4988enr HB4988 Enrolled LRB9211679BDcdA 1 AN ACT concerning municipalities. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Municipal Code is amended by 5 changing Section 11-31-1 as follows: 6 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 7 Sec. 11-31-1. Demolition, repair, enclosure, or 8 remediation. 9 (a) The corporate authorities of each municipality may 10 demolish, repair, or enclose or cause the demolition, repair, 11 or enclosure of dangerous and unsafe buildings or uncompleted 12 and abandoned buildings within the territory of the 13 municipality and may remove or cause the removal of garbage, 14 debris, and other hazardous, noxious, or unhealthy substances 15 or materials from those buildings. In any county having 16 adopted by referendum or otherwise a county health department 17 as provided by Division 5-25 of the Counties Code or its 18 predecessor, the county board of that county may exercise 19 those powers with regard to dangerous and unsafe buildings or 20 uncompleted and abandoned buildings within the territory of 21 any city, village, or incorporated town having less than 22 50,000 population. 23 The corporate authorities shall apply to the circuit 24 court of the county in which the building is located (i) for 25 an order authorizing action to be taken with respect to a 26 building if the owner or owners of the building, including 27 the lien holders of record, after at least 15 days' written 28 notice by mail so to do, have failed to put the building in a 29 safe condition or to demolish it or (ii) for an order 30 requiring the owner or owners of record to demolish, repair, 31 or enclose the building or to remove garbage, debris, and HB4988 Enrolled -2- LRB9211679BDcdA 1 other hazardous, noxious, or unhealthy substances or 2 materials from the building. It is not a defense to the 3 cause of action that the building is boarded up or otherwise 4 enclosed, although the court may order the defendant to have 5 the building boarded up or otherwise enclosed. Where, upon 6 diligent search, the identity or whereabouts of the owner or 7 owners of the building, including the lien holders of record, 8 is not ascertainable, notice mailed to the person or persons 9 in whose name the real estate was last assessed is sufficient 10 notice under this 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. Any person entitled to bring an action 14 under subsection (b) shall have the right to intervene in an 15 action brought under this Section. 16 The cost of the demolition, repair, enclosure, or removal 17 incurred by the municipality, by an intervenor, or by a lien 18 holder of record, including court costs, attorney's fees, and 19 other costs related to the enforcement of this Section, is 20 recoverable from the owner or owners of the real estate or 21 the previous owner or both if the property was transferred 22 during the 15 day notice period and is a lien on the real 23 estate; the lien is superior to all prior existing liens and 24 encumbrances, except taxes, if, within 180 days after the 25 repair, demolition, enclosure, or removal, the municipality, 26 the lien holder of record, or the intervenor who incurred the 27 cost and expense shall file a notice of lien for the cost and 28 expense incurred in the office of the recorder in the county 29 in which the real estate is located or in the office of the 30 registrar of titles of the county if the real estate affected 31 is registered under the Registered Titles (Torrens) Act. 32 The notice must consist of a sworn statement setting out 33 (1) a description of the real estate sufficient for its 34 identification, (2) the amount of money representing the cost HB4988 Enrolled -3- LRB9211679BDcdA 1 and expense incurred, and (3) the date or dates when the cost 2 and expense was incurred by the municipality, the lien holder 3 of record, or the intervenor. Upon payment of the cost and 4 expense by the owner of or persons interested in the property 5 after the notice of lien has been filed, the lien shall be 6 released by the municipality, the person in whose name the 7 lien has been filed, or the assignee of the lien, and the 8 release may be filed of record as in the case of filing 9 notice of lien. Unless the lien is enforced under subsection 10 (c), the lien may be enforced by foreclosure proceedings as 11 in the case of mortgage foreclosures under Article XV of the 12 Code of Civil Procedure or mechanics' lien foreclosures. An 13 action to foreclose this lien may be commenced at any time 14 after the date of filing of the notice of lien. The costs of 15 foreclosure incurred by the municipality, including court 16 costs, reasonable attorney's fees, advances to preserve the 17 property, and other costs related to the enforcement of this 18 subsection, plus statutory interest, are a lien on the real 19 estate and are recoverable by the municipality from the owner 20 or owners of the real estate. 21 All liens arising under this subsection (a) shall be 22 assignable. The assignee of the lien shall have the same 23 power to enforce the lien as the assigning party, except that 24 the lien may not be enforced under subsection (c). 25 If the appropriate official of any municipality 26 determines that any dangerous and unsafe building or 27 uncompleted and abandoned building within its territory 28 fulfills the requirements for an action by the municipality 29 under the Abandoned Housing Rehabilitation Act, the 30 municipality may petition under that Act in a proceeding 31 brought under this subsection. 32 (b) Any owner or tenant of real property within 1200 33 feet in any direction of any dangerous or unsafe building 34 located within the territory of a municipality with a HB4988 Enrolled -4- LRB9211679BDcdA 1 population of 500,000 or more may file with the appropriate 2 municipal authority a request that the municipality apply to 3 the circuit court of the county in which the building is 4 located for an order permitting the demolition, removal of 5 garbage, debris, and other noxious or unhealthy substances 6 and materials from, or repair or enclosure of the building in 7 the manner prescribed in subsection (a) of this Section. If 8 the municipality fails to institute an action in circuit 9 court within 90 days after the filing of the request, the 10 owner or tenant of real property within 1200 feet in any 11 direction of the building may institute an action in circuit 12 court seeking an order compelling the owner or owners of 13 record to demolish, remove garbage, debris, and other noxious 14 or unhealthy substances and materials from, repair or enclose 15 or to cause to be demolished, have garbage, debris, and other 16 noxious or unhealthy substances and materials removed from, 17 repaired, or enclosed the building in question. A private 18 owner or tenant who institutes an action under the preceding 19 sentence shall not be required to pay any fee to the clerk of 20 the circuit court. The cost of repair, removal, demolition, 21 or enclosure shall be borne by the owner or owners of record 22 of the building. In the event the owner or owners of record 23 fail to demolish, remove garbage, debris, and other noxious 24 or unhealthy substances and materials from, repair, or 25 enclose the building within 90 days of the date the court 26 entered its order, the owner or tenant who instituted the 27 action may request that the court join the municipality as a 28 party to the action. The court may order the municipality to 29 demolish, remove materials from, repair, or enclose the 30 building, or cause that action to be taken upon the request 31 of any owner or tenant who instituted the action or upon the 32 municipality's request. The municipality may file, and the 33 court may approve, a plan for rehabilitating the building in 34 question. A court order authorizing the municipality to HB4988 Enrolled -5- LRB9211679BDcdA 1 demolish, remove materials from, repair, or enclose a 2 building, or cause that action to be taken, shall not 3 preclude the court from adjudging the owner or owners of 4 record of the building in contempt of court due to the 5 failure to comply with the order to demolish, remove garbage, 6 debris, and other noxious or unhealthy substances and 7 materials from, repair, or enclose the building. 8 If a municipality or a person or persons other than the 9 owner or owners of record pay the cost of demolition, removal 10 of garbage, debris, and other noxious or unhealthy substances 11 and materials, repair, or enclosure pursuant to a court 12 order, the cost, including court costs, attorney's fees, and 13 other costs related to the enforcement of this subsection, is 14 recoverable from the owner or owners of the real estate and 15 is a lien on the real estate; the lien is superior to all 16 prior existing liens and encumbrances, except taxes, if, 17 within 180 days after the repair, removal, demolition, or 18 enclosure, the municipality or the person or persons who paid 19 the costs of demolition, removal, repair, or enclosure shall 20 file a notice of lien of the cost and expense incurred in the 21 office of the recorder in the county in which the real estate 22 is located or in the office of the registrar of the county if 23 the real estate affected is registered under the Registered 24 Titles (Torrens) Act. The notice shall be in a form as is 25 provided in subsection (a). An owner or tenant who 26 institutes an action in circuit court seeking an order to 27 compel the owner or owners of record to demolish, remove 28 materials from, repair, or enclose any dangerous or unsafe 29 building, or to cause that action to be taken under this 30 subsection may recover court costs and reasonable attorney's 31 fees for instituting the action from the owner or owners of 32 record of the building. Upon payment of the costs and 33 expenses by the owner of or a person interested in the 34 property after the notice of lien has been filed, the lien HB4988 Enrolled -6- LRB9211679BDcdA 1 shall be released by the municipality or the person in whose 2 name the lien has been filed or his or her assignee, and the 3 release may be filed of record as in the case of filing a 4 notice of lien. Unless the lien is enforced under subsection 5 (c), the lien may be enforced by foreclosure proceedings as 6 in the case of mortgage foreclosures under Article XV of the 7 Code of Civil Procedure or mechanics' lien foreclosures. An 8 action to foreclose this lien may be commenced at any time 9 after the date of filing of the notice of lien. The costs of 10 foreclosure incurred by the municipality, including court 11 costs, reasonable attorneys' fees, advances to preserve the 12 property, and other costs related to the enforcement of this 13 subsection, plus statutory interest, are a lien on the real 14 estate and are recoverable by the municipality from the owner 15 or owners of the real estate. 16 All liens arising under the terms of this subsection (b) 17 shall be assignable. The assignee of the lien shall have the 18 same power to enforce the lien as the assigning party, except 19 that the lien may not be enforced under subsection (c). 20 (c) In any case where a municipality has obtained a lien 21 under subsection (a), (b), or (f), the municipality may 22 enforce the lien under this subsection (c) in the same 23 proceeding in which the lien is authorized. 24 A municipality desiring to enforce a lien under this 25 subsection (c) shall petition the court to retain 26 jurisdiction for foreclosure proceedings under this 27 subsection. Notice of the petition shall be served, by 28 certified or registered mail, on all persons who were served 29 notice under subsection (a), (b), or (f). The court shall 30 conduct a hearing on the petition not less than 15 days after 31 the notice is served. If the court determines that the 32 requirements of this subsection (c) have been satisfied, it 33 shall grant the petition and retain jurisdiction over the 34 matter until the foreclosure proceeding is completed. The HB4988 Enrolled -7- LRB9211679BDcdA 1 costs of foreclosure incurred by the municipality, including 2 court costs, reasonable attorneys' fees, advances to preserve 3 the property, and other costs related to the enforcement of 4 this subsection, plus statutory interest, are a lien on the 5 real estate and are recoverable by the municipality from the 6 owner or owners of the real estate. If the court denies the 7 petition, the municipality may enforce the lien in a separate 8 action as provided in subsection (a), (b), or (f). 9 All persons designated in Section 15-1501 of the Code of 10 Civil Procedure as necessary parties in a mortgage 11 foreclosure action shall be joined as parties before issuance 12 of an order of foreclosure. Persons designated in Section 13 15-1501 of the Code of Civil Procedure as permissible parties 14 may also be joined as parties in the action. 15 The provisions of Article XV of the Code of Civil 16 Procedure applicable to mortgage foreclosures shall apply to 17 the foreclosure of a lien under this subsection (c), except 18 to the extent that those provisions are inconsistent with 19 this subsection. For purposes of foreclosures of liens 20 under this subsection, however, the redemption period 21 described in subsection (b) of Section 15-1603 of the Code of 22 Civil Procedure shall end 60 days after the date of entry of 23 the order of foreclosure. 24 (d) In addition to any other remedy provided by law, the 25 corporate authorities of any municipality may petition the 26 circuit court to have property declared abandoned under this 27 subsection (d) if: 28 (1) the property has been tax delinquent for 2 or 29 more years or bills for water service for the property 30 have been outstanding for 2 or more years; 31 (2) the property is unoccupied by persons legally 32 in possession; and 33 (3) the property contains a dangerous or unsafe 34 building. HB4988 Enrolled -8- LRB9211679BDcdA 1 All persons having an interest of record in the property, 2 including tax purchasers and beneficial owners of any 3 Illinois land trust having title to the property, shall be 4 named as defendants in the petition and shall be served with 5 process. In addition, service shall be had under Section 6 2-206 of the Code of Civil Procedure as in other cases 7 affecting property. 8 The municipality, however, may proceed under this 9 subsection in a proceeding brought under subsection (a) or 10 (b). Notice of the petition shall be served by certified or 11 registered mail on all persons who were served notice under 12 subsection (a) or (b). 13 If the municipality proves that the conditions described 14 in this subsection exist and the owner of record of the 15 property does not enter an appearance in the action, or, if 16 title to the property is held by an Illinois land trust, if 17 neither the owner of record nor the owner of the beneficial 18 interest of the trust enters an appearance, the court shall 19 declare the property abandoned. 20 If that determination is made, notice shall be sent by 21 certified or registered mail to all persons having an 22 interest of record in the property, including tax purchasers 23 and beneficial owners of any Illinois land trust having title 24 to the property, stating that title to the property will be 25 transferred to the municipality unless, within 30 days of the 26 notice, the owner of record enters an appearance in the 27 action, or unless any other person having an interest in the 28 property files with the court a request to demolish the 29 dangerous or unsafe building or to put the building in safe 30 condition. 31 If the owner of record enters an appearance in the action 32 within the 30 day period, the court shall vacate its order 33 declaring the property abandoned. In that case, the 34 municipality may amend its complaint in order to initiate HB4988 Enrolled -9- LRB9211679BDcdA 1 proceedings under subsection (a). 2 If a request to demolish or repair the building is filed 3 within the 30 day period, the court shall grant permission to 4 the requesting party to demolish the building within 30 days 5 or to restore the building to safe condition within 60 days 6 after the request is granted. An extension of that period 7 for up to 60 additional days may be given for good cause. If 8 more than one person with an interest in the property files a 9 timely request, preference shall be given to the person with 10 the lien or other interest of the highest priority. 11 If the requesting party proves to the court that the 12 building has been demolished or put in a safe condition 13 within the period of time granted by the court, the court 14 shall issue a quitclaim judicial deed for the property to the 15 requesting party, conveying only the interest of the owner of 16 record, upon proof of payment to the municipality of all 17 costs incurred by the municipality in connection with the 18 action, including but not limited to court costs, attorney's 19 fees, administrative costs, the costs, if any, associated 20 with building enclosure or removal, and receiver's 21 certificates. The interest in the property so conveyed shall 22 be subject to all liens and encumbrances on the property. In 23 addition, if the interest is conveyed to a person holding a 24 certificate of purchase for the property under the Property 25 Tax Code, the conveyance shall be subject to the rights of 26 redemption of all persons entitled to redeem under that Act, 27 including the original owner of record. 28 If no person with an interest in the property files a 29 timely request or if the requesting party fails to demolish 30 the building or put the building in safe condition within the 31 time specified by the court, the municipality may petition 32 the court to issue a judicial deed for the property to the 33 municipality. A conveyance by judicial deed shall operate to 34 extinguish all existing ownership interests in, liens on, and HB4988 Enrolled -10- LRB9211679BDcdA 1 other interest in the property, including tax liens, and 2 shall extinguish the rights and interests of any and all 3 holders of a bona fide certificate of purchase of the 4 property for delinquent taxes. Any such bona fide 5 certificate of purchase holder shall be entitled to a sale in 6 error as prescribed under Section 21-310 of the Property Tax 7 Code. 8 (e) Each municipality may use the provisions of this 9 subsection to expedite the removal of certain buildings that 10 are a continuing hazard to the community in which they are 11 located. 12 If a residential or commercial building is 3 stories or 13 less in height as defined by the municipality's building 14 code, and the corporate official designated to be in charge 15 of enforcing the municipality's building code determines that 16 the building is open and vacant and an immediate and 17 continuing hazard to the community in which the building is 18 located, then the official shall be authorized to post a 19 notice not less than 2 feet by 2 feet in size on the front of 20 the building. The notice shall be dated as of the date of 21 the posting and shall state that unless the building is 22 demolished, repaired, or enclosed, and unless any garbage, 23 debris, and other hazardous, noxious, or unhealthy substances 24 or materials are removed so that an immediate and continuing 25 hazard to the community no longer exists, then the building 26 may be demolished, repaired, or enclosed, or any garbage, 27 debris, and other hazardous, noxious, or unhealthy substances 28 or materials may be removed, by the municipality. 29 Not later than 30 days following the posting of the 30 notice, the municipality shall do all of the following: 31 (1) Cause to be sent, by certified mail, return 32 receipt requested, a Notice to Remediate to all owners 33 of record of the property, the beneficial owners of any 34 Illinois land trust having title to the property, and all HB4988 Enrolled -11- LRB9211679BDcdA 1 lienholders of record in the property, stating the intent 2 of the municipality to demolish, repair, or enclose the 3 building or remove any garbage, debris, or other 4 hazardous, noxious, or unhealthy substances or materials 5 if that action is not taken by the owner or owners. 6 (2) Cause to be published, in a newspaper published 7 or circulated in the municipality where the building is 8 located, a notice setting forth (i) the permanent tax 9 index number and the address of the building, (ii) a 10 statement that the property is open and vacant and 11 constitutes an immediate and continuing hazard to the 12 community, and (iii) a statement that the municipality 13 intends to demolish, repair, or enclose the building or 14 remove any garbage, debris, or other hazardous, noxious, 15 or unhealthy substances or materials if the owner or 16 owners or lienholders of record fail to do so. This 17 notice shall be published for 3 consecutive days. 18 (3) Cause to be recorded the Notice to Remediate 19 mailed under paragraph (1) in the office of the recorder 20 in the county in which the real estate is located or in 21 the office of the registrar of titles of the county if 22 the real estate is registered under the Registered Title 23 (Torrens) Act. 24 Any person or persons with a current legal or equitable 25 interest in the property objecting to the proposed actions of 26 the corporate authorities may file his or her objection in an 27 appropriate form in a court of competent jurisdiction. 28 If the building is not demolished, repaired, or enclosed, 29 or the garbage, debris, or other hazardous, noxious, or 30 unhealthy substances or materials are not removed, within 30 31 days of mailing the notice to the owners of record, the 32 beneficial owners of any Illinois land trust having title to 33 the property, and all lienholders of record in the property, 34 or within 30 days of the last day of publication of the HB4988 Enrolled -12- LRB9211679BDcdA 1 notice, whichever is later, the corporate authorities shall 2 have the power to demolish, repair, or enclose the building 3 or to remove any garbage, debris, or other hazardous, 4 noxious, or unhealthy substances or materials. 5 The municipality may proceed to demolish, repair, or 6 enclose a building or remove any garbage, debris, or other 7 hazardous, noxious, or unhealthy substances or materials 8 under this subsection within a 120-day period following the 9 date of the mailing of the notice if the appropriate official 10 determines that the demolition, repair, enclosure, or removal 11 of any garbage, debris, or other hazardous, noxious, or 12 unhealthy substances or materials is necessary to remedy the 13 immediate and continuing hazard. If, however, before the 14 municipality proceeds with any of the actions authorized by 15 this subsection, any person with a legal or equitable 16 interest in the property has sought a hearing under this 17 subsection before a court and has served a copy of the 18 complaint on the chief executive officer of the municipality, 19 then the municipality shall not proceed with the demolition, 20 repair, enclosure, or removal of garbage, debris, or other 21 substances until the court determines that that action is 22 necessary to remedy the hazard and issues an order 23 authorizing the municipality to do so. If the court dismisses 24 the action for want of prosecution, the municipality must 25 send the objector a copy of the dismissal order and a letter 26 stating that the demolition, repair, enclosure, or removal of 27 garbage, debris, or other substances will proceed unless, 28 within 30 days after the copy of the order and the letter are 29 mailed, the objector moves to vacate the dismissal and serves 30 a copy of the motion on the chief executive officer of the 31 municipality. Nothwithstanding any other law to the 32 contrary, if the objector does not file a motion and give the 33 required notice, if the motion is denied by the court, or if 34 the action is again dismissed for want of prosecution, then HB4988 Enrolled -13- LRB9211679BDcdA 1 the dismissal is with prejudice and the demolition, repair, 2 enclosure, or removal may proceed forthwith. 3 Following the demolition, repair, or enclosure of a 4 building, or the removal of garbage, debris, or other 5 hazardous, noxious, or unhealthy substances or materials 6 under this subsection, the municipality may file a notice of 7 lien against the real estate for the cost of the demolition, 8 repair, enclosure, or removal within 180 days after the 9 repair, demolition, enclosure, or removal occurred, for the 10 cost and expense incurred, in the office of the recorder in 11 the county in which the real estate is located or in the 12 office of the registrar of titles of the county if the real 13 estate affected is registered under the Registered Titles 14 (Torrens) Act; this lien has priority over the interests of 15 those parties named in the Notice to Remediate mailed under 16 paragraph (1), but not over the interests of third party 17 purchasers or encumbrancers for value who obtained their 18 interests in the property before obtaining actual or 19 constructive notice of the lien. The notice of lien shall 20 consist of a sworn statement setting forth (i) a description 21 of the real estate, such as the address or other description 22 of the property, sufficient for its identification; (ii) the 23 expenses incurred by the municipality in undertaking the 24 remedial actions authorized under this subsection; (iii) the 25 date or dates the expenses were incurred by the municipality; 26 (iv) a statement by the corporate official responsible for 27 enforcing the building code that the building was open and 28 vacant and constituted an immediate and continuing hazard to 29 the community; (v) a statement by the corporate official that 30 the required sign was posted on the building, that notice was 31 sent by certified mail to the owners of record, and that 32 notice was published in accordance with this subsection; and 33 (vi) a statement as to when and where the notice was 34 published. The lien authorized by this subsection may HB4988 Enrolled -14- LRB9211679BDcdA 1 thereafter be released or enforced by the municipality as 2 provided in subsection (a). 3 (f) The corporate authorities of each municipality may 4 remove or cause the removal of, or otherwise environmentally 5 remediate hazardous substances and petroleum products on, in, 6 or under any abandoned and unsafe property within the 7 territory of a municipality. In addition, where preliminary 8 evidence indicates the presence or likely presence of a 9 hazardous substance or a petroleum product or a release or a 10 substantial threat of a release of a hazardous substance or a 11 petroleum product on, in, or under the property, the 12 corporate authorities of the municipality may inspect the 13 property and test for the presence or release of hazardous 14 substances and petroleum products. In any county having 15 adopted by referendum or otherwise a county health department 16 as provided by Division 5-25 of the Counties Code or its 17 predecessor, the county board of that county may exercise the 18 above-described powers with regard to property within the 19 territory of any city, village, or incorporated town having 20 less than 50,000 population. 21 For purposes of this subsection (f): 22 (1) "property" or "real estate" means all real 23 property, whether or not improved by a structure; 24 (2) "abandoned" means; 25 (A) the property has been tax delinquent for 2 26 or more years; 27 (B) the property is unoccupied by persons 28 legally in possession; and 29 (3) "unsafe" means property that presents an actual 30 or imminent threat to public health and safety caused by 31 the release of hazardous substances; and 32 (4) "hazardous substances" means the same as in 33 Section 3.14 of the Environmental Protection Act. 34 The corporate authorities shall apply to the circuit HB4988 Enrolled -15- LRB9211679BDcdA 1 court of the county in which the property is located (i) for 2 an order allowing the municipality to enter the property and 3 inspect and test substances on, in, or under the property; or 4 (ii) for an order authorizing the corporate authorities to 5 take action with respect to remediation of the property if 6 conditions on the property, based on the inspection and 7 testing authorized in paragraph (i), indicate the presence of 8 hazardous substances or petroleum products. Remediation shall 9 be deemed complete for purposes of paragraph (ii) above when 10 the property satisfies Tier I, II, or III remediation 11 objectives for the property's most recent usage, as 12 established by the Environmental Protection Act, and the 13 rules and regulations promulgated thereunder. Where, upon 14 diligent search, the identity or whereabouts of the owner or 15 owners of the property, including the lien holders of record, 16 is not ascertainable, notice mailed to the person or persons 17 in whose name the real estate was last assessed is sufficient 18 notice under this Section. 19 The court shall grant an order authorizing testing under 20 paragraph (i) above upon a showing of preliminary evidence 21 indicating the presence or likely presence of a hazardous 22 substance or a petroleum product or a release of or a 23 substantial threat of a release of a hazardous substance or a 24 petroleum product on, in, or under abandoned property. The 25 preliminary evidence may include, but is not limited to, 26 evidence of prior use, visual site inspection, or records of 27 prior environmental investigations. The testing authorized 28 by paragraph (i) above shall include any type of 29 investigation which is necessary for an environmental 30 professional to determine the environmental condition of the 31 property, including but not limited to performance of soil 32 borings and groundwater monitoring. The court shall grant a 33 remediation order under paragraph (ii) above where testing of 34 the property indicates that it fails to meet the applicable HB4988 Enrolled -16- LRB9211679BDcdA 1 remediation objectives. The hearing upon the application to 2 the circuit court shall be expedited by the court and shall 3 be given precedence over all other suits. 4 The cost of the inspection, testing, or remediation 5 incurred by the municipality or by a lien holder of record, 6 including court costs, attorney's fees, and other costs 7 related to the enforcement of this Section, is a lien on the 8 real estate; except that in any instances where a 9 municipality incurs costs of inspection and testing but finds 10 no hazardous substances or petroleum products on the property 11 that present an actual or imminent threat to public health 12 and safety, such costs are not recoverable from the owners 13 nor are such costs a lien on the real estate. The lien is 14 superior to all prior existing liens and encumbrances, except 15 taxes and any lien obtained under subsection (a) or (e), if, 16 within 180 days after the completion of the inspection, 17 testing, or remediation, the municipality or the lien holder 18 of record who incurred the cost and expense shall file a 19 notice of lien for the cost and expense incurred in the 20 office of the recorder in the county in which the real estate 21 is located or in the office of the registrar of titles of the 22 county if the real estate affected is registered under the 23 Registered Titles (Torrens) Act. 24 The notice must consist of a sworn statement setting out 25 (i) a description of the real estate sufficient for its 26 identification, (ii) the amount of money representing the 27 cost and expense incurred, and (iii) the date or dates when 28 the cost and expense was incurred by the municipality or the 29 lien holder of record. Upon payment of the lien amount by 30 the owner of or persons interested in the property after the 31 notice of lien has been filed, a release of lien shall be 32 issued by the municipality, the person in whose name the lien 33 has been filed, or the assignee of the lien, and the release 34 may be filed of record as in the case of filing notice of HB4988 Enrolled -17- LRB9211679BDcdA 1 lien. 2 The lien may be enforced under subsection (c) or by 3 foreclosure proceedings as in the case of mortgage 4 foreclosures under Article XV of the Code of Civil Procedure 5 or mechanics' lien foreclosures; provided that where the lien 6 is enforced by foreclosure under subsection (c) or under 7 either statute, the municipality may not proceed against the 8 other assets of the owner or owners of the real estate for 9 any costs that otherwise would be recoverable under this 10 Section but that remain unsatisfied after foreclosure except 11 where such additional recovery is authorized by separate 12 environmental laws. An action to foreclose this lien may be 13 commenced at any time after the date of filing of the notice 14 of lien. The costs of foreclosure incurred by the 15 municipality, including court costs, reasonable attorney's 16 fees, advances to preserve the property, and other costs 17 related to the enforcement of this subsection, plus statutory 18 interest, are a lien on the real estate. 19 All liens arising under this subsection (f) 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 (g) In any case where a municipality has obtained a lien 24 under subsection (a), the municipality may also bring an 25 action for a money judgment against the owner or owners of 26 the real estate in the amount of the lien in the same manner 27 as provided for bringing causes of action in Article II of 28 the Code of Civil Procedure and, upon obtaining a judgment, 29 file a judgment lien against all of the real estate of the 30 owner or owners and enforce that lien as provided for in 31 Article XII of the Code of Civil Procedure. 32 (Source: P.A. 91-162, eff. 7-16-99; 91-177, eff. 1-1-00; 33 91-357, eff. 7-29-99; 91-542, eff. 1-1-00; 91-561, eff. 34 1-1-00; 92-16, eff. 6-28-01.)