HB3477 97TH GENERAL ASSEMBLY

LRB097 10976 KMW 51601 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3477

Introduced 2/24/2011, by Rep. Kay Hatcher

SYNOPSIS AS INTRODUCED:

65 ILCS 5/9-2-4.5

Amends the Illinois Municipal Code. Provides that if a nuisance lien has been filed against a property, then those costs associated with the lien may be treated as an existing, judicially-approved special assessment, as though an assessment warrant had been issued. Further provides that the municipality may collect the costs as a special assessment if it complies with applicable procedures. Requires that the owner of record or persons interested in the property shall pay the costs incurred by the municipality for collecting the costs associated with the lien. Defines "nuisance lien." Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by changing Section 9-2-4.5 as follows:

(65 ILCS 5/9-2-4.5)

Sec. 9-2-4.5. Special assessment for payment of costs associated with certain ordinance violations.

(a) For purposes of this Section, "Code" means any municipal ordinance that requires, after notice, the cutting of grass and weeds, the removal of garbage and debris, the removal of inoperable motor vehicles, and rodent and vermin abatement.

(b) In addition to any other method authorized by law, if a nuisance lien has been filed against a property (i) a property owner is cited with a Code violation, (ii) non-compliance is found upon reinspection of the property after the due date for compliance with an order to correct the Code violation or with an order for abatement, (iii) costs for services rendered by the municipality to correct the Code violation remain unpaid at the point in time that they would become a debt due and owing the municipality, as provided in Division 31.1 of Article 11 of the Illinois Municipal Code, and (iv) a lien has been filed of record by the municipality in the office of the recorder in the county in which the property is located, then those costs associated with the lien may be treated collected as an existing, judicially-approved a special assessment, as though an assessment warrant had been issued and all conditions precedent had been satisfied. The municipality may collect those costs as a special assessment on the property if it complies with the applicable procedures set forth under Section 9-2-80 through Section 9-2-98. In such cases, the county recorder or other officer of the county in which the municipality is located that has the authority to receive State and county taxes and the court rendering judgment and ordering sale of the delinquent special assessment shall exempt the municipality from the otherwise applicable special assessment warrant and certified assessment roll requirements because the same will be deemed to have occurred by operation of law under this Division. Upon payment of the costs by the owner of record or persons interested in the property, including any cost incurred by the municipality for collecting the costs under this Section, the lien shall be released by the municipality and the release shall be filed of record in the same manner as the filing of notice of the lien.

(c) For the purposes of this Section, the term "nuisance lien" means:

(1) a lien filed under Division 20 of Article 11; or

(2) a situation in which (i) a property owner is cited with a Code violation, (ii) non-compliance is found upon reinspection of the property after the due date for compliance with an order to correct the Code violation or with an order for abatement, (iii) costs for services rendered by the municipality to correct the Code violation remain unpaid at the point in time that they would become a debt due and owing the municipality, as provided in Division 31.1 of Article 11, and (iv) a lien has been filed of record by the municipality in the office of the recorder in the county in which the property is located.

(Source: P.A. 93-993, eff. 1-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.