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Public Act 92-0347
HB0027 Enrolled LRB9200661MWpk
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by changing
Sections 5-1121 and 5-12017 as follows:
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(a) The county board of each county may demolish,
repair, or enclose or cause the demolition, repair, or
enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the county,
but outside the territory of any municipality, and may remove
or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those
buildings. If a township within the county makes a formal
request to the county board as provided in Section 85-50 of
the Township Code that the county board commence specified
proceedings under this Section with respect to property
located within the township but outside the territory of any
municipality, then, at the next regular county board meeting
occurring at least 10 days after the formal request is made
to the county board, the county board shall either commence
the requested proceedings or decline to do so (either
formally or by failing to act on the request) and shall
notify the township board making the request of the county
board's decision. In any county having adopted, by referendum
or otherwise, a county health department as provided by
Division 5-25 of the Counties Code or its predecessor, the
county board of any such county may upon a formal request by
the city, village, or incorporated town demolish, repair or
cause the demolition or repair of dangerous and unsafe
buildings or uncompleted and abandoned buildings within the
territory of any city, village, or incorporated town having a
population of less than 50,000.
The county board shall apply to the circuit court of the
county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail to do so, have failed to commence proceedings to put the
building in a safe condition or to demolish it or (ii) for an
order requiring the owner or owners of record to demolish,
repair, or enclose the building or to remove garbage, debris,
and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the
cause of action that the building is boarded up or otherwise
enclosed, although the court may order the defendant to have
the building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed and the
posting of such notice upon the premises sought to be
demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the county, by an intervenor, or by a lien holder
of record, including court costs, attorney's fees, and other
costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real
estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, demolition, enclosure, or removal, the county, the
lien holder of record, or the intervenor who incurred the
cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county
in which the real estate is located or in the office of the
registrar of titles of the county if the real estate affected
is registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the county, the lien holder of
record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the county, the person in whose name the lien has
been filed, or the assignee of the lien, and the release may
be filed of record as in the case of filing notice of lien.
Unless the lien is enforced under subsection (b), the lien
may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of
foreclosure incurred by the county, including court costs,
reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the county from the owner or
owners of the real estate.
All liens arising under this subsection (a) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (b).
If the appropriate official of any county determines that
any dangerous and unsafe building or uncompleted and
abandoned building within its territory fulfills the
requirements for an action by the county under the Abandoned
Housing Rehabilitation Act, the county may petition under
that Act in a proceeding brought under this subsection.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this
subsection (b) in the same proceeding in which the lien is
authorized.
A county desiring to enforce a lien under this subsection
(b) shall petition the court to retain jurisdiction for
foreclosure proceedings under this subsection. Notice of the
petition shall be served, by certified or registered mail, on
all persons who were served notice under subsection (a). The
court shall conduct a hearing on the petition not less than
15 days after the notice is served. If the court determines
that the requirements of this subsection (b) have been
satisfied, it shall grant the petition and retain
jurisdiction over the matter until the foreclosure proceeding
is completed. The costs of foreclosure incurred by the
county, including court costs, reasonable attorneys' fees,
advances to preserve the property, and other costs related to
the enforcement of this subsection, plus statutory interest,
are a lien on the real estate and are recoverable by the
county from the owner or owners of the real estate. If the
court denies the petition, the county may enforce the lien in
a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (b), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (b) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(c) In addition to any other remedy provided by law, the
county board of any county may petition the circuit court to
have property declared abandoned under this subsection (c)
if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The county, however, may proceed under this subsection in
a proceeding brought under subsection (a). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (a).
If the county proves that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if title to
the property is held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the court shall declare
the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the county unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30 day period, the court shall vacate its order
declaring the property abandoned. In that case, the county
may amend its complaint in order to initiate proceedings
under subsection (a).
If a request to demolish or repair the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the county of all costs
incurred by the county in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of
all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the county may petition the
court to issue a judicial deed for the property to the
county. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(d) Each county may use the provisions of this
subsection to expedite the removal of certain buildings that
are a continuing hazard to the community in which they are
located.
If a residential building is 2 stories or less in height
as defined by the county's building code, and the official
designated to be in charge of enforcing the county's building
code determines that the building is open and vacant and an
immediate and continuing hazard to the community in which the
building is located, then the official shall be authorized to
post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the
date of the posting and shall state that unless the building
is demolished, repaired, or enclosed, and unless any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials are removed so that an immediate and continuing
hazard to the community no longer exists, then the building
may be demolished, repaired, or enclosed, or any garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials may be removed, by the county.
Not later than 30 days following the posting of the
notice, the county shall do both of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a notice to all owners of record of
the property, the beneficial owners of any Illinois land
trust having title to the property, and all lienholders
of record in the property, stating the intent of the
county to demolish, repair, or enclose the building or
remove any garbage, debris, or other hazardous, noxious,
or unhealthy substances or materials if that action is
not taken by the owner or owners.
(2) Cause to be published, in a newspaper published
or circulated in the county where the building is
located, a notice setting forth (i) the permanent tax
index number and the address of the building, (ii) a
statement that the property is open and vacant and
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the county intends
to demolish, repair, or enclose the building or remove
any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials if the owner or owners
or lienholders of record fail to do so. This notice
shall be published for 3 consecutive days.
A person objecting to the proposed actions of the county
board may file his or her objection in an appropriate form in
a court of competent jurisdiction.
If the building is not demolished, repaired, or enclosed,
or the garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials are not removed, within 30
days of mailing the notice to the owners of record, the
beneficial owners of any Illinois land trust having title to
the property, and all lienholders of record in the property,
or within 30 days of the last day of publication of the
notice, whichever is later, the county board shall have the
power to demolish, repair, or enclose the building or to
remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials.
The county may proceed to demolish, repair, or enclose a
building or remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials under this
subsection within a 120-day period following the date of the
mailing of the notice if the appropriate official determines
that the demolition, repair, enclosure, or removal of any
garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials is necessary to remedy the immediate
and continuing hazard. If, however, before the county
proceeds with any of the actions authorized by this
subsection, any person has sought a hearing under this
subsection before a court and has served a copy of the
complaint on the chief executive officer of the county, then
the county shall not proceed with the demolition, repair,
enclosure, or removal of garbage, debris, or other substances
until the court determines that that action is necessary to
remedy the hazard and issues an order authorizing the county
to do so.
Following the demolition, repair, or enclosure of a
building, or the removal of garbage, debris, or other
hazardous, noxious, or unhealthy substances or materials
under this subsection, the county may file a notice of lien
against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the
repair, demolition, enclosure, or removal occurred, for the
cost and expense incurred, in the office of the recorder in
the county in which the real estate is located or in the
office of the registrar of titles of the county if the real
estate affected is registered under the Registered Titles
(Torrens) Act. The notice of lien shall consist of a sworn
statement setting forth (i) a description of the real estate,
such as the address or other description of the property,
sufficient for its identification; (ii) the expenses incurred
by the county in undertaking the remedial actions authorized
under this subsection; (iii) the date or dates the expenses
were incurred by the county; (iv) a statement by the official
responsible for enforcing the building code that the building
was open and vacant and constituted an immediate and
continuing hazard to the community; (v) a statement by the
official that the required sign was posted on the building,
that notice was sent by certified mail to the owners of
record, and that notice was published in accordance with this
subsection; and (vi) a statement as to when and where the
notice was published. The lien authorized by this subsection
may thereafter be released or enforced by the county as
provided in subsection (a).
(e) In any case where a county has obtained a lien under
subsection (a), the county may also bring an action for a
money judgment against the owner or owners of the real estate
in the amount of the lien in the same manner as provided for
bringing causes of action in Article II of the Code of Civil
Procedure and, upon obtaining a judgment, file a judgment
lien against all of the real estate of the owner or owners
and enforce that lien as provided for in Article XII of the
Code of Civil Procedure.
(Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97;
91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)
(55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
Sec. 5-12017. Violations. In case any building or
structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure
or land is used in violation of this Division or of any
ordinance, resolution or other regulation made under
authority conferred thereby, the proper authorities of the
county or of the township in which the building, structure,
or land is located, or any person the value or use of whose
property is or may be affected by such violation, in addition
to other remedies, may institute any appropriate action or
proceedings in the circuit court to prevent such unlawful
erection, construction, reconstruction, alteration, repair,
conversion, maintenance or use, to restrain, correct, or
abate such violation, to prevent the occupancy of said
building, structure or land or to prevent any illegal act,
conduct, business, or use in or about such premises.
Any person who violates the terms of any ordinance
adopted under the authority of this Division shall be guilty
of a petty offense punishable by a fine not to exceed $500,
with each week the violation remains uncorrected constituting
a separate offense.
(Source: P.A. 86-962.)
Section 10. The Township Code is amended by adding
Section 85-50 as follows:
(60 ILCS 1/85-50 new)
Sec. 85-50. Demolition, repair, or enclosure of
buildings.
(a) The township board of any township may formally
request the county board to commence specified proceedings
with respect to property located within the township but
outside the territory of any municipality as provided in
Section 5-1121 of the Counties Code. If the county board
declines the request as provided in Section 5-1121 of the
Counties Code, the township may exercise its powers under
this Section.
(b) The township board of each township may demolish,
repair, or enclose or cause the demolition, repair, or
enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the township
and may remove or cause the removal of garbage, debris, and
other hazardous, noxious, or unhealthy substances or
materials from those buildings.
The township board shall apply to the circuit court of
the county in which the building is located (i) for an order
authorizing action to be taken with respect to a building if
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail to do so, have failed to commence proceedings to put the
building in a safe condition or to demolish it or (ii) for an
order requiring the owner or owners of record to demolish,
repair, or enclose the building or to remove garbage, debris,
and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the
cause of action that the building is boarded up or otherwise
enclosed, although the court may order the defendant to have
the building boarded up or otherwise enclosed. Where, upon
diligent search, the identity or whereabouts of the owner or
owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons
in whose name the real estate was last assessed and the
posting of the notice upon the premises sought to be
demolished or repaired is sufficient notice under this
Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
The cost of the demolition, repair, enclosure, or removal
incurred by the township, by an intervenor, or by a lien
holder of record, including court costs, attorney's fees, and
other costs related to the enforcement of this Section, is
recoverable from the owner or owners of the real estate or
the previous owner or both if the property was transferred
during the 15-day notice period and is a lien on the real
estate if, within 180 days after the repair, demolition,
enclosure, or removal, the township, the lien holder of
record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred
in the office of the recorder in the county in which the real
estate is located or in the office of the registrar of titles
of the county if the real estate affected is registered under
the Registered Titles (Torrens) Act. The lien becomes
effective at the time of filing.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
identification, (2) the amount of money representing the cost
and expense incurred, and (3) the date or dates when the cost
and expense was incurred by the township, the lien holder of
record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property
after the notice of lien has been filed, the lien shall be
released by the township, the person in whose name the lien
has been filed, or the assignee of the lien, and the release
may be filed of record as in the case of filing notice of
lien. Unless the lien is enforced under subsection (c), the
lien may be enforced by foreclosure proceedings as in the
case of mortgage foreclosures under Article XV of the Code of
Civil Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the
date of filing of the notice of lien. The costs of
foreclosure incurred by the township, including court costs,
reasonable attorney's fees, advances to preserve the
property, and other costs related to the enforcement of this
subsection, plus statutory interest, are a lien on the real
estate and are recoverable by the township from the owner or
owners of the real estate.
All liens arising under this subsection (b) shall be
assignable. The assignee of the lien shall have the same
power to enforce the lien as the assigning party, except that
the lien may not be enforced under subsection (c).
(c) In any case where a township has obtained a lien
under subsection (b), the township may enforce the lien under
this subsection (c) in the same proceeding in which the lien
is authorized.
A township desiring to enforce a lien under this
subsection (c) shall petition the court to retain
jurisdiction for foreclosure proceedings under this
subsection. Notice of the petition shall be served, by
certified or registered mail, on all persons who were served
notice under subsection (b). The court shall conduct a
hearing on the petition not less than 15 days after the
notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it
shall grant the petition and retain jurisdiction over the
matter until the foreclosure proceeding is completed. The
costs of foreclosure incurred by the township, including
court costs, reasonable attorneys' fees, advances to preserve
the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the
real estate and are recoverable by the township from the
owner or owners of the real estate. If the court denies the
petition, the township may enforce the lien in a separate
action as provided in subsection (b).
All persons designated in Section 15-1501 of the Code of
Civil Procedure as necessary parties in a mortgage
foreclosure action shall be joined as parties before issuance
of an order of foreclosure. Persons designated in Section
15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil
Procedure applicable to mortgage foreclosures shall apply to
the foreclosure of a lien under this subsection (c), except
to the extent that those provisions are inconsistent with
this subsection. For purposes of foreclosures of liens
under this subsection, however, the redemption period
described in subsection (c) of Section 15-1603 of the Code of
Civil Procedure shall end 60 days after the date of entry of
the order of foreclosure.
(d) In addition to any other remedy provided by law, the
township board of any township may petition the circuit court
to have property declared abandoned under this subsection (d)
if:
(1) the property has been tax delinquent for 2 or
more years or bills for water service for the property
have been outstanding for 2 or more years;
(2) the property is unoccupied by persons legally
in possession; and
(3) the property contains a dangerous or unsafe
building.
All persons having an interest of record in the property,
including tax purchasers and beneficial owners of any
Illinois land trust having title to the property, shall be
named as defendants in the petition and shall be served with
process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases
affecting property.
The township, however, may proceed under this subsection
in a proceeding brought under subsection (b). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (b).
If the township proves that the conditions described in
this subsection exist and the owner of record of the property
does not enter an appearance in the action, or, if title to
the property is held by an Illinois land trust, if neither
the owner of record nor the owner of the beneficial interest
of the trust enters an appearance, the court shall declare
the property abandoned.
If that determination is made, notice shall be sent by
certified or registered mail to all persons having an
interest of record in the property, including tax purchasers
and beneficial owners of any Illinois land trust having title
to the property, stating that title to the property will be
transferred to the township unless, within 30 days of the
notice, the owner of record enters an appearance in the
action, or unless any other person having an interest in the
property files with the court a request to demolish the
dangerous or unsafe building or to put the building in safe
condition.
If the owner of record enters an appearance in the action
within the 30-day period, the court shall vacate its order
declaring the property abandoned. In that case, the township
may amend its complaint in order to initiate proceedings
under subsection (b).
If a request to demolish or repair the building is filed
within the 30-day period, the court shall grant permission to
the requesting party to demolish the building within 30 days
or to restore the building to safe condition within 60 days
after the request is granted. An extension of that period
for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a
timely request, preference shall be given to the person with
the lien or other interest of the highest priority.
If the requesting party proves to the court that the
building has been demolished or put in a safe condition
within the period of time granted by the court, the court
shall issue a quitclaim judicial deed for the property to the
requesting party, conveying only the interest of the owner of
record, upon proof of payment to the township of all costs
incurred by the township in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
building enclosure or removal, and receiver's certificates.
The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if
the interest is conveyed to a person holding a certificate of
purchase for the property under the Property Tax Code, the
conveyance shall be subject to the rights of redemption of
all persons entitled to redeem under that Act, including the
original owner of record.
If no person with an interest in the property files a
timely request or if the requesting party fails to demolish
the building or put the building in safe condition within the
time specified by the court, the township may petition the
court to issue a judicial deed for the property to the
county. A conveyance by judicial deed shall operate to
extinguish all existing ownership interests in, liens on, and
other interest in the property, including tax liens.
(e) This Section applies only to requests made by
townships under subsection (a) before January 1, 2006 and
proceedings to implement or enforce this Section with respect
to matters related to or arising from those requests.
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 23, 2001.
Approved August 15, 2001.
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