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
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.
(Source: P.A. 94-841, eff. 6-7-06; 95-331, eff. 8-21-07.)