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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
COUNTIES (55 ILCS 5/) Counties Code. 55 ILCS 5/5-32023
(55 ILCS 5/5-32023) (from Ch. 34, par. 5-32023)
Sec. 5-32023.
Effect of similar improvements previously made in
same locality. It is no objection to the legality of any local
improvement that a similar improvement has been previously made in the same
locality, if the ordinance therefor is recommended by the Committee as
above provided, but nothing contained in this Division shall interfere with
any defense in this proceeding relating to the benefits received therefrom.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32024
(55 ILCS 5/5-32024) (from Ch. 34, par. 5-32024)
Sec. 5-32024.
Confirmation of assessment roll.
In case of a special assessment to be paid by installments under the
provisions of this Division, the order of confirmation that is
entered upon the return of the assessment roll shall apply to all of the
installments thereof, and may be entered in one order.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32025
(55 ILCS 5/5-32025) (from Ch. 34, par. 5-32025)
Sec. 5-32025.
Review; effect of judgments.
The
judgments of the court shall be final as to all the issues involved,
and the proceedings in the specified cause shall be subject to review by
appeal as provided in this Division and not otherwise. However,
by mutual consent such a judgment may be vacated or modified
notwithstanding the expiration of 30 days from the rendition of the
judgment, except as provided in this Division.
Such judgment shall have the effect of several judgments as to each
tract or parcel of land assessed, and no appeal from any such judgment
shall invalidate or delay the judgments, except as to the property
concerning which the appeal is taken.
Such judgment shall be a lien on behalf of the county making any
improvement, for the payment of which the special assessment is levied,
on the property assessed from the date thereof, to the same extent and
of equal force and validity as a lien for the general taxes until the
judgment is paid or the property against which any such judgment is
entered is sold to pay the judgment.
Nothing in this Division shall interfere with the right of
the petitioner to dismiss its proceedings, and for that purpose to vacate
such a judgment at its election at any time before commencing the actual
collection of the assessment. The court in which the judgment is
rendered shall enter an order vacating or annulling the judgment of
confirmation on motion of the petitioner entered at any time after the
expiration of 30 days from the rendition of that judgment of
confirmation upon a showing by petitioner that no contract was let or
entered into for the making of the specified improvement within the time
fixed by law for the letting of the contract, or that the making of the
improvement under the original proceeding was never commenced, or that
the making of the improvement under the prior proceeding was never
commenced, or that the making of the improvement under the prior
proceedings was abandoned by petitioner. No judgment entered in such a
proceeding so dismissed and vacated shall be a bar to another like or
different improvement. However, after the contract for the work has been
entered into, or the improvement bonds have been issued, no judgment
shall be vacated or modified or any petitioner dismissed after the
expiration of 30 days from the rendition of the judgment, nor shall the
collection of the assessment be in any way stayed or delayed by the
Committee, or any officer of the county without the consent of the
contractor or bondholder.
The county may file a complaint to foreclose the lien of special
assessment in the same manner that foreclosures are permitted by law in
cases of delinquent general taxes. However, no forfeiture of the
property shall be required as a prerequisite for such foreclosure.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32026
(55 ILCS 5/5-32026) (from Ch. 34, par. 5-32026)
Sec. 5-32026.
Supplemental assessment.
At any
time after the bids have been received pursuant to the provisions of this
Division, if it appears to the satisfaction of the Committee that the
first assessment is insufficient to pay the contract price or the bonds or
vouchers issued or to be issued in payment of the contract price, together
with the amount required to pay the accruing interest thereon, the
Committee shall make and file an estimate of the amount of the deficiency.
Thereupon a second or supplemental assessment for the estimated deficiency
of the cost of the work and interest may be made in the same manner as
nearly as may be as in the first assessment, and so on until sufficient
money has been realized to pay for the improvement and the interest. It
shall be no objection to the supplemental assessment that the prior
assessment has been levied, adjudicated and collected unless it appears
that in that prior cause upon proper issue made, it was specially found in
terms, that the property objected for would be benefited by the improvement
no more than the amount assessed against it in that prior proceeding. If
too large a sum is raised at any time, the excess shall be refunded ratably
to those against whom the assessment was made.
But if the estimated deficiency exceeds 10% of the original estimate, no
contract shall be awarded until a public hearing has been held on the
supplemental proceeding in like manner as in the original proceedings. No
more than one supplemental assessment shall be levied to meet any
deficiency where the deficiency is caused by the original estimate being
insufficient.
However, the petitioner, in case it so elects, may dismiss the petition
and vacate the judgment of confirmation at any time after the judgment of
confirmation is rendered, and begin new proceedings for the same or a
different improvement.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32027
(55 ILCS 5/5-32027) (from Ch. 34, par. 5-32027)
Sec. 5-32027.
New assessment.
If from any cause any county fails to collect the whole or any portion
of any special assessment which may be levied, which is not cancelled or
set aside by order of any court, for any public improvement authorized to
be made and paid for by a special assessment, the Committee, at any time
within 5 years after the confirmation of the original assessment, may
direct a new assessment to be made upon the delinquent property for the
amount of the deficiency and interest thereon from the date of the original
assessment, which assessment shall be made, as nearly as may be, in the
same manner as is prescribed in this Division for the first assessment. In
all cases where partial payments have been made on such former assessments,
they shall be credited or allowed on the new assessment to the property for
which they were made, so that the assessment shall be equal and impartial
in its results. If this new assessment proves insufficient, either in whole
or in part, the Committee at any time within the specified period of 5
years, may order a third to be levied, and so on in the same manner and for
the same purpose. It shall constitute no legal objections to any new
assessments that the property may have changed hands, or been encumbered
subsequent to the date of the original assessment.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32028
(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)
Sec. 5-32028.
Certification of assessment roll; collection of
assessments. Within 30 days after the filing of the report of the amount
and date of the first voucher issued on account of construction work done,
the clerk of the court in which such judgment is rendered shall certify the
assessment roll and judgment to the township collector or county collector
authorized to collect the special assessment, or if there has been an
appeal taken on any part of the judgment, he shall certify such part of
the judgment as is not included in that appeal. This certification shall be
filed by the officer receiving it in his office. With the assessment roll
and judgment the clerk of the designated court shall also issue a warrant
for the collection of the assessment. The court has the power to recall
such warrants as to all or any of the property affected at any time before
payment or sale, in case the proceedings are abandoned by the petitioner or
the judgment is vacated or modified in a material respect as hereinbefore
provided, but not otherwise. In case the assessment roll has been abated
and the judgment reduced, the clerk of the designated court, within 30 days
thereafter, shall certify the order of reduction or the roll as so reduced
or recast under the direction of the court to the county collector
authorized to collect the special assessment, and shall issue a warrant for
the collection of the assessment as so reduced or recast.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32029
(55 ILCS 5/5-32029) (from Ch. 34, par. 5-32029)
Sec. 5-32029.
Effect of appeal on part of judgment; warrant.
If an appeal is taken on any part of such judgment and if the Committee
elects to proceed with the improvement, notwithstanding such an appeal, the
clerk shall certify the appealed portion, from time to time, in the manner
above-mentioned, as the judgment is rendered thereon, and the warrant
accompanying this certificate in each case shall be authority for the
collection of so much of the assessment as is included in the portion of
the roll thereto attached.
The warrant in all cases of assessment under this Division, shall contain
a copy of the certificate of the judgment, describing lots, blocks, tracts
and parcels of land assessed so far as they are contained in the portion of
the roll so certified and shall state the respective amounts assessed on
each lot, block, tract or parcel of land, and shall be delivered to the
officer authorized to collect the special assessment. The collector having
a warrant for any assessment levied to be paid by installments, may receive
any or all of the installments of that assessment, but if he receives only
a part of the installment, then he shall receive them in their numerical
order.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32030
(55 ILCS 5/5-32030) (from Ch. 34, par. 5-32030)
Sec. 5-32030.
Notice by collector.
The collector, or some person
designated by him and under his direction, receiving such a warrant shall
give notice thereof within 10 days by publishing a notice once each week
for 2 successive weeks in one or more newspapers published in the county or
if no newspaper is published therein then in one or more newspapers with a
general circulation in the county. This notice shall be in the form
substantially as follows:
SPECIAL ASSESSMENT NOTICE
Special Warrant No.
NOTICE: Publication is hereby given that the (here insert title of
court) has rendered judgment for a special assessment upon property
benefited by the following improvement: (here describe the character, and
location of the improvement in general terms) as will more fully appear
from the certified copy of the judgment on file in my office; that the
warrant for the collection of this assessment is in my possession. All
persons interested are hereby notified to call and pay the amount assessed
at the collector's office (here insert location of office) within 30 days
from the date hereof.
Dated (insert date).
When such an assessment is levied to be paid in installments, the notice
shall contain also the amount of each installment, the rate of interest
deferred installments bear and the date when payable.
The collector or some person designated by him and under his direction,
into whose possession the warrant comes shall by written or printed notice,
mailed to all persons whose names appear on the assessment roll inform them
of the special assessment and request payment thereof.
Any collector omitting to do so is liable to a penalty of $10 for any
such omission, but the validity of the special assessment or the right to
apply for and obtain judgment thereon is not affected by such an omission.
It is the duty of such collector to write the word "Paid" opposite each
tract or lot on which the assessment is paid, together with the name and
post office address of the person making the payment and the date of the
payment.
(Source: P.A. 91-357, eff. 7-29-99.)
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55 ILCS 5/5-32031
(55 ILCS 5/5-32031) (from Ch. 34, par. 5-32031)
Sec. 5-32031.
Payment of moneys collected.
The county collector
where that officer is authorized to collect the warrants by general law
shall pay over to the county treasury all moneys collected by him by virtue
of such warrants or upon any sale for taxes or otherwise at such time or
times and in such manner as is fixed by law.
(Source: P.A. 86-962.)
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55 ILCS 5/5-32032
(55 ILCS 5/5-32032) (from Ch. 34, par. 5-32032)
Sec. 5-32032.
Report of delinquent special assessments.
The collector shall, on or before the 15th day of August in each year,
make a report in writing to the general office of the county in which the
respective lots, tracts and parcels of land are situated, authorized by the
general revenue laws of this State to apply for judgment and sell lands for
taxes due the county and State, of all the land, town lots, and real
property on which he has been unable to collect special assessments or
installments thereof matured and payable, or interest thereon, or interest
due to the preceding January 2 on installments not yet matured on all
warrants in his possession, with the amount of those delinquent special
assessments or installments and interest, together with his warrants; or,
in case of an assessment levied to be paid by installments, with a brief
description of the nature of the warrant or warrants received by him
authorizing the collection thereof. This report shall be accompanied with
the oath of the collector (1) that the list is a correct return and report
of the land, town lots, and real property on which the special assessment
(levied by the authority of the county of ....), or installments thereof,
or interest remains due and unpaid, (2) that he is unable to collect the
same, or any part thereof, and (3) that he has given the notice required by
law that the specified warrants have been received by him for collection.
(Source: P.A. 86-962.)
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