State of Illinois
90th General Assembly
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90_HB1901

      55 ILCS 5/5-12003         from Ch. 34, par. 5-12003
          Amends the Counties Code by making technical  changes  to
      the Section concerning special flood hazard areas.
                                                     LRB9005227MWcd
                                               LRB9005227MWcd
 1        AN  ACT  to  amend  the Counties Code by changing Section
 2    5-12003.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Counties  Code  is amended by changing
 6    Section 5-12003 as follows:
 7        (55 ILCS 5/5-12003) (from Ch. 34, par. 5-12003)
 8        Sec. 5-12003. Special flood hazard areas. In those  areas
 9    within the territory of a county with a population  in excess
10    of  500,000 and fewer than 3 million inhabitants, and outside
11    any city,  village  or  incorporated  town,  that  which  are
12    identified  as  "Special  Flood Hazard Areas" under the terms
13    and provisions of any ordinance adopted under  this  Division
14    the unauthorized excavation or filling of such an area by any
15    person  shall  cause the county board to apply to the circuit
16    court in that county for an order  to  remove  the  fill  and
17    restore  the  parcel  to  its  natural  elevation in order to
18    lessen or avoid the imminent threat  to  the  public  health,
19    safety  or  welfare and damage to property resulting from the
20    accumulation or run-off of storm  or  flood  waters.   Where,
21    upon  diligent  search,  the  identity  or whereabouts of the
22    owner of any such parcel, including lien holders  of  record,
23    are  not  ascertainable, notice mailed to the person in whose
24    name such real estate was last assessed for taxes,  as  shown
25    by  the  county  collector's  books,  constitutes  sufficient
26    notice under this Section.  The hearing upon such application
27    to  the  circuit  court  shall  be expedited by the court and
28    given precedence over all other suits.  The cost  of  removal
29    or  restoration  incurred  by the county board is recoverable
30    from the owner of such real estate and  is  a  lien  thereon,
31    which  lien  is  superior  to  all  prior  existing liens and
                            -2-                LRB9005227MWcd
 1    encumbrances, except taxes;  provided  that  within  60  days
 2    after  such  removal  of fill or restoration of the parcel to
 3    its natural elevation, the county board shall file notice  or
 4    lien  such  cost  and  expense  incurred in the office of the
 5    recorder of the county.  The notice must consist of  a  sworn
 6    statement  setting  out  (1) a description of the real estate
 7    sufficient for identification  thereof,  (2)  the  amount  of
 8    money representing the cost and expense incurred, and (3) the
 9    date  on  which  the  cost  was incurred by the county.  Upon
10    payment of the costs and expenses by  the  owner  or  persons
11    interested in the property, the lien shall be released by the
12    county  in whose name the lien has been filed and the release
13    may  be  filed  of  record.  The  lien  may  be  enforced  by
14    proceedings of foreclosure as in the  case  of  mortgages  or
15    mechanics'  liens,  which  action  must be commenced within 3
16    years after the date of filing notice of lien.
17    (Source: P.A. 86-962.)

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