[ Search ] [ Legislation ] [ Bill Summary ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ House Amendment 001 ] | [ House Amendment 002 ] | [ House Amendment 003 ] |
| [ House Amendment 007 ] | [ Senate Amendment 001 ] |
90_SB0106ham004
LRB9000653PTsbam
1 AMENDMENT TO SENATE BILL 106
2 AMENDMENT NO. . Amend Senate Bill 106, AS AMENDED,
3 with reference to page and line numbers of House Amendment
4 No. 1, on page 1, line 9, by replacing "Sections 3-6036 and
5 5-1060" with "Sections 3-6036, 5-1060, and 5-1121"; and
6 on page 3, immediately below line 5, by inserting the
7 following:
8 "(55 ILCS 5/5-1121)
9 Sec. 5-1121. Demolition, repair, or enclosure.
10 (a) The county board of each county may upon a formal
11 request by the city, village or incorporated town demolish,
12 repair, or enclose or cause the demolition, repair, or
13 enclosure of dangerous and unsafe buildings or uncompleted
14 and abandoned buildings within the territory of the county,
15 but outside not within the territory of any municipality, and
16 may remove or cause the removal of garbage, debris, and other
17 hazardous, noxious, or unhealthy substances or materials from
18 those buildings. In any county having adopted, by referendum
19 or otherwise, a county health department as provided by
20 Division 5-25 of the Counties Code or its predecessor, the
21 county board of any such county may upon a formal request by
22 the city, village, or incorporated town demolish, repair or
-2- LRB9000653PTsbam
1 cause the demolition or repair of dangerous and unsafe
2 buildings or uncompleted and abandoned buildings within the
3 territory of any city, village, or incorporated town having a
4 population of less than 50,000.
5 The county board shall apply to the circuit court of the
6 county in which the building is located (i) for an order
7 authorizing action to be taken with respect to a building if
8 the owner or owners of the building, including the lien
9 holders of record, after at least 15 days' written notice by
10 mail to do so, have failed to put the building in a safe
11 condition or to demolish it or (ii) for an order requiring
12 the owner or owners of record to demolish, repair, or enclose
13 the building or to remove garbage, debris, and other
14 hazardous, noxious, or unhealthy substances or materials from
15 the building. It is not a defense to the cause of action
16 that the building is boarded up or otherwise enclosed,
17 although the court may order the defendant to have the
18 building boarded up or otherwise enclosed. Where, upon
19 diligent search, the identity or whereabouts of the owner or
20 owners of the building, including the lien holders of record,
21 is not ascertainable, notice mailed to the person or persons
22 in whose name the real estate was last assessed is sufficient
23 notice under this Section.
24 The hearing upon the application to the circuit court
25 shall be expedited by the court and shall be given precedence
26 over all other suits.
27 The cost of the demolition, repair, enclosure, or removal
28 incurred by the county, by an intervenor, or by a lien holder
29 of record, including court costs, attorney's fees, and other
30 costs related to the enforcement of this Section, is
31 recoverable from the owner or owners of the real estate or
32 the previous owner or both if the property was transferred
33 during the 15 day notice period and is a lien on the real
34 estate; the lien is superior to all prior existing liens and
-3- LRB9000653PTsbam
1 encumbrances, except taxes, if, within 180 days after the
2 repair, demolition, enclosure, or removal, the county, the
3 lien holder of record, or the intervenor who incurred the
4 cost and expense shall file a notice of lien for the cost and
5 expense incurred in the office of the recorder in the county
6 in which the real estate is located or in the office of the
7 registrar of titles of the county if the real estate affected
8 is registered under the Registered Titles (Torrens) Act.
9 The notice must consist of a sworn statement setting out
10 (1) a description of the real estate sufficient for its
11 identification, (2) the amount of money representing the cost
12 and expense incurred, and (3) the date or dates when the cost
13 and expense was incurred by the county, the lien holder of
14 record, or the intervenor. Upon payment of the cost and
15 expense by the owner of or persons interested in the property
16 after the notice of lien has been filed, the lien shall be
17 released by the county, the person in whose name the lien has
18 been filed, or the assignee of the lien, and the release may
19 be filed of record as in the case of filing notice of lien.
20 Unless the lien is enforced under subsection (b), the lien
21 may be enforced by foreclosure proceedings as in the case of
22 mortgage foreclosures under Article XV of the Code of Civil
23 Procedure or mechanics' lien foreclosures. An action to
24 foreclose this lien may be commenced at any time after the
25 date of filing of the notice of lien. The costs of
26 foreclosure incurred by the county, including court costs,
27 reasonable attorney's fees, advances to preserve the
28 property, and other costs related to the enforcement of this
29 subsection, plus statutory interest, are a lien on the real
30 estate and are recoverable by the county from the owner or
31 owners of the real estate.
32 All liens arising under this subsection (a) shall be
33 assignable. The assignee of the lien shall have the same
34 power to enforce the lien as the assigning party, except that
-4- LRB9000653PTsbam
1 the lien may not be enforced under subsection (b).
2 If the appropriate official of any county determines that
3 any dangerous and unsafe building or uncompleted and
4 abandoned building within its territory fulfills the
5 requirements for an action by the county under the Abandoned
6 Housing Rehabilitation Act, the county may petition under
7 that Act in a proceeding brought under this subsection.
8 (b) In any case where a county has obtained a lien under
9 subsection (a), the county may enforce the lien under this
10 subsection (b) in the same proceeding in which the lien is
11 authorized.
12 A county desiring to enforce a lien under this subsection
13 (b) shall petition the court to retain jurisdiction for
14 foreclosure proceedings under this subsection. Notice of the
15 petition shall be served, by certified or registered mail, on
16 all persons who were served notice under subsection (a). The
17 court shall conduct a hearing on the petition not less than
18 15 days after the notice is served. If the court determines
19 that the requirements of this subsection (b) have been
20 satisfied, it shall grant the petition and retain
21 jurisdiction over the matter until the foreclosure proceeding
22 is completed. The costs of foreclosure incurred by the
23 county, including court costs, reasonable attorneys' fees,
24 advances to preserve the property, and other costs related to
25 the enforcement of this subsection, plus statutory interest,
26 are a lien on the real estate and are recoverable by the
27 county from the owner or owners of the real estate. If the
28 court denies the petition, the county may enforce the lien in
29 a separate action as provided in subsection (a).
30 All persons designated in Section 15-1501 of the Code of
31 Civil Procedure as necessary parties in a mortgage
32 foreclosure action shall be joined as parties before issuance
33 of an order of foreclosure. Persons designated in Section
34 15-1501 of the Code of Civil Procedure as permissible parties
-5- LRB9000653PTsbam
1 may also be joined as parties in the action.
2 The provisions of Article XV of the Code of Civil
3 Procedure applicable to mortgage foreclosures shall apply to
4 the foreclosure of a lien under this subsection (b), except
5 to the extent that those provisions are inconsistent with
6 this subsection. For purposes of foreclosures of liens
7 under this subsection, however, the redemption period
8 described in subsection (b) of Section 15-1603 of the Code of
9 Civil Procedure shall end 60 days after the date of entry of
10 the order of foreclosure.
11 (c) In addition to any other remedy provided by law, the
12 county board of any county may petition the circuit court to
13 have property declared abandoned under this subsection (c)
14 if:
15 (1) the property has been tax delinquent for 2 or
16 more years or bills for water service for the property
17 have been outstanding for 2 or more years;
18 (2) the property is unoccupied by persons legally
19 in possession; and
20 (3) the property contains a dangerous or unsafe
21 building.
22 All persons having an interest of record in the property,
23 including tax purchasers and beneficial owners of any
24 Illinois land trust having title to the property, shall be
25 named as defendants in the petition and shall be served with
26 process. In addition, service shall be had under Section
27 2-206 of the Code of Civil Procedure as in other cases
28 affecting property.
29 The county, however, may proceed under this subsection in
30 a proceeding brought under subsection (a). Notice of the
31 petition shall be served by certified or registered mail on
32 all persons who were served notice under subsection (a).
33 If the county proves that the conditions described in
34 this subsection exist and the owner of record of the property
-6- LRB9000653PTsbam
1 does not enter an appearance in the action, or, if title to
2 the property is held by an Illinois land trust, if neither
3 the owner of record nor the owner of the beneficial interest
4 of the trust enters an appearance, the court shall declare
5 the property abandoned.
6 If that determination is made, notice shall be sent by
7 certified or registered mail to all persons having an
8 interest of record in the property, including tax purchasers
9 and beneficial owners of any Illinois land trust having title
10 to the property, stating that title to the property will be
11 transferred to the county unless, within 30 days of the
12 notice, the owner of record enters an appearance in the
13 action, or unless any other person having an interest in the
14 property files with the court a request to demolish the
15 dangerous or unsafe building or to put the building in safe
16 condition.
17 If the owner of record enters an appearance in the action
18 within the 30 day period, the court shall vacate its order
19 declaring the property abandoned. In that case, the county
20 may amend its complaint in order to initiate proceedings
21 under subsection (a).
22 If a request to demolish or repair the building is filed
23 within the 30 day period, the court shall grant permission to
24 the requesting party to demolish the building within 30 days
25 or to restore the building to safe condition within 60 days
26 after the request is granted. An extension of that period
27 for up to 60 additional days may be given for good cause. If
28 more than one person with an interest in the property files a
29 timely request, preference shall be given to the person with
30 the lien or other interest of the highest priority.
31 If the requesting party proves to the court that the
32 building has been demolished or put in a safe condition
33 within the period of time granted by the court, the court
34 shall issue a quitclaim judicial deed for the property to the
-7- LRB9000653PTsbam
1 requesting party, conveying only the interest of the owner of
2 record, upon proof of payment to the county of all costs
3 incurred by the county in connection with the action,
4 including but not limited to court costs, attorney's fees,
5 administrative costs, the costs, if any, associated with
6 building enclosure or removal, and receiver's certificates.
7 The interest in the property so conveyed shall be subject to
8 all liens and encumbrances on the property. In addition, if
9 the interest is conveyed to a person holding a certificate of
10 purchase for the property under the Property Tax Code, the
11 conveyance shall be subject to the rights of redemption of
12 all persons entitled to redeem under that Act, including the
13 original owner of record.
14 If no person with an interest in the property files a
15 timely request or if the requesting party fails to demolish
16 the building or put the building in safe condition within the
17 time specified by the court, the county may petition the
18 court to issue a judicial deed for the property to the
19 county. A conveyance by judicial deed shall operate to
20 extinguish all existing ownership interests in, liens on, and
21 other interest in the property, including tax liens.
22 (d) Each county may use the provisions of this
23 subsection to expedite the removal of certain buildings that
24 are a continuing hazard to the community in which they are
25 located.
26 If a residential building is 2 stories or less in height
27 as defined by the county's building code, and the official
28 designated to be in charge of enforcing the county's building
29 code determines that the building is open and vacant and an
30 immediate and continuing hazard to the community in which the
31 building is located, then the official shall be authorized to
32 post a notice not less than 2 feet by 2 feet in size on the
33 front of the building. The notice shall be dated as of the
34 date of the posting and shall state that unless the building
-8- LRB9000653PTsbam
1 is demolished, repaired, or enclosed, and unless any garbage,
2 debris, and other hazardous, noxious, or unhealthy substances
3 or materials are removed so that an immediate and continuing
4 hazard to the community no longer exists, then the building
5 may be demolished, repaired, or enclosed, or any garbage,
6 debris, and other hazardous, noxious, or unhealthy substances
7 or materials may be removed, by the county.
8 Not later than 30 days following the posting of the
9 notice, the county shall do both of the following:
10 (1) Cause to be sent, by certified mail, return
11 receipt requested, a notice to all owners of record of
12 the property, the beneficial owners of any Illinois land
13 trust having title to the property, and all lienholders
14 of record in the property, stating the intent of the
15 county to demolish, repair, or enclose the building or
16 remove any garbage, debris, or other hazardous, noxious,
17 or unhealthy substances or materials if that action is
18 not taken by the owner or owners.
19 (2) Cause to be published, in a newspaper published
20 or circulated in the county where the building is
21 located, a notice setting forth (i) the permanent tax
22 index number and the address of the building, (ii) a
23 statement that the property is open and vacant and
24 constitutes an immediate and continuing hazard to the
25 community, and (iii) a statement that the county intends
26 to demolish, repair, or enclose the building or remove
27 any garbage, debris, or other hazardous, noxious, or
28 unhealthy substances or materials if the owner or owners
29 or lienholders of record fail to do so. This notice
30 shall be published for 3 consecutive days.
31 A person objecting to the proposed actions of the county
32 board may file his or her objection in an appropriate form in
33 a court of competent jurisdiction.
34 If the building is not demolished, repaired, or enclosed,
-9- LRB9000653PTsbam
1 or the garbage, debris, or other hazardous, noxious, or
2 unhealthy substances or materials are not removed, within 30
3 days of mailing the notice to the owners of record, the
4 beneficial owners of any Illinois land trust having title to
5 the property, and all lienholders of record in the property,
6 or within 30 days of the last day of publication of the
7 notice, whichever is later, the county board shall have the
8 power to demolish, repair, or enclose the building or to
9 remove any garbage, debris, or other hazardous, noxious, or
10 unhealthy substances or materials.
11 The county may proceed to demolish, repair, or enclose a
12 building or remove any garbage, debris, or other hazardous,
13 noxious, or unhealthy substances or materials under this
14 subsection within a 120-day period following the date of the
15 mailing of the notice if the appropriate official determines
16 that the demolition, repair, enclosure, or removal of any
17 garbage, debris, or other hazardous, noxious, or unhealthy
18 substances or materials is necessary to remedy the immediate
19 and continuing hazard. If, however, before the county
20 proceeds with any of the actions authorized by this
21 subsection, any person has sought a hearing under this
22 subsection before a court and has served a copy of the
23 complaint on the chief executive officer of the county, then
24 the county shall not proceed with the demolition, repair,
25 enclosure, or removal of garbage, debris, or other substances
26 until the court determines that that action is necessary to
27 remedy the hazard and issues an order authorizing the county
28 to do so.
29 Following the demolition, repair, or enclosure of a
30 building, or the removal of garbage, debris, or other
31 hazardous, noxious, or unhealthy substances or materials
32 under this subsection, the county may file a notice of lien
33 against the real estate for the cost of the demolition,
34 repair, enclosure, or removal within 180 days after the
-10- LRB9000653PTsbam
1 repair, demolition, enclosure, or removal occurred, for the
2 cost and expense incurred, in the office of the recorder in
3 the county in which the real estate is located or in the
4 office of the registrar of titles of the county if the real
5 estate affected is registered under the Registered Titles
6 (Torrens) Act. The notice of lien shall consist of a sworn
7 statement setting forth (i) a description of the real estate,
8 such as the address or other description of the property,
9 sufficient for its identification; (ii) the expenses incurred
10 by the county in undertaking the remedial actions authorized
11 under this subsection; (iii) the date or dates the expenses
12 were incurred by the county; (iv) a statement by the official
13 responsible for enforcing the building code that the building
14 was open and vacant and constituted an immediate and
15 continuing hazard to the community; (v) a statement by the
16 official that the required sign was posted on the building,
17 that notice was sent by certified mail to the owners of
18 record, and that notice was published in accordance with this
19 subsection; and (vi) a statement as to when and where the
20 notice was published. The lien authorized by this subsection
21 may thereafter be released or enforced by the county as
22 provided in subsection (a).
23 (Source: P.A. 89-585, eff. 1-1-97; revised 8-15-96.)
24 (55 ILCS 5/5-1080 rep.)
25 Section 7. The Counties Code is amended by repealing
26 Section 5-1080. The repeal of Section 5-1080 shall not
27 affect any cause of action brought under Section 5-1080
28 before the effective date of this amendatory Act of 1997.".