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| [ House Amendment 001 ] |
90_HB0305
65 ILCS 5/11-30-15 new
Amends the Illinois Municipal Code to provide that a
municipality may require a person or entity transferring real
estate to obtain an inspection form and pay a fee to certify
the property's compliance with health, safety, and property
maintenance codes. Provides that if the real estate is not
in compliance with these municipal codes, then the seller or
purchaser must repair the property before closing the
transaction or the purchaser must certify that the repairs
will be made within a reasonable time after the transaction.
Provides that if the repairs are not made within this time,
then the municipality may seek legal or equitable remedies.
LRB9000661PTcw
LRB9000661PTcw
1 AN ACT to amend the Illinois Municipal Code by adding
2 Section 11-30-15.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Municipal Code is amended by
6 adding Section 11-30-15 as follows:
7 (65 ILCS 5/11-30-15 new)
8 Sec. 11-30-15. Real estate inspection upon transfer.
9 (a) Definitions:
10 (1) Transfer. As used in this Section, "transfer"
11 shall mean any conveyance of real property whether by
12 deed, articles of agreement for deed, or assignment of
13 the beneficial interest under a land trust; any
14 transaction in which real property is used as collateral
15 for a loan; and any transaction in which a present
16 beneficiary is added to a land trust. A conveyance of
17 real property in which there is no additional party
18 acquiring an ownership interest or a present beneficial
19 interest in the conveyed real property does not
20 constitute a "transfer" as defined in this Section.
21 (2) Real Property. The term "real property" as
22 used in this Section shall mean all improved real
23 property.
24 (3) Person. As used in this Section, "person"
25 shall mean any individual, partnership, corporation,
26 trustee, or other registered entity.
27 (b) The corporate authorities of a municipality may by
28 ordinance require a person entering into a contract for the
29 sale or purchase of real estate located within its corporate
30 boundaries to obtain an inspection form approved by the
31 municipality with established health, safety, and property
-2- LRB9000661PTcw
1 maintenance codes for the real estate to be transferred. The
2 seller of the real property entering into the contract for
3 transfer of real estate shall obtain from the appropriate
4 municipal office an inspection form for the real estate to be
5 transferred and pay the fees established by the corporate
6 authorities for the inspection.
7 If the real estate to be transferred is found to be in
8 compliance with the municipality's established health,
9 safety, and property maintenance codes, a certificate shall
10 be issued indicating that the property is in compliance with
11 the health, safety, and property maintenance codes
12 established by ordinance. This certificate shall be valid for
13 90 days.
14 If the real estate to be transferred is found not to be
15 in compliance with the municipality's established health,
16 safety, and property maintenance codes, the seller or
17 purchaser must put the real estate into compliance before the
18 closing date of the real estate transaction. If the seller
19 finds that the repairs cannot be made prior to the closing
20 date, the purchaser must accept responsibility, sworn before
21 a notary public, to make corrective measures within a
22 reasonable time established by the designated municipal
23 official. The corporate authorities may also require that an
24 escrow account be established to ensure that all corrective
25 measures are made to the real property being transferred.
26 If the corrective measures are not made within the
27 designated time frame, the municipality may exercise any and
28 all legal or equitable remedies available.
29 If the designated municipal official finds the real
30 property unfit for human occupancy, the official may order
31 that the property remain unoccupied until the corrective
32 measures are made. After the corrective measures are made,
33 the municipal official may issue the necessary certificate of
34 compliance.