[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
91_HB1978enr HB1978 Enrolled LRB9104006PTpk 1 AN ACT regarding property, amending named Acts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Counties Code is amended by changing 5 Section 5-1121 as follows: 6 (55 ILCS 5/5-1121) 7 Sec. 5-1121. Demolition, repair, or enclosure. 8 (a) The county board of each county mayupon a formal9request by the city, village or incorporated towndemolish, 10 repair, or enclose or cause the demolition, repair, or 11 enclosure of dangerous and unsafe buildings or uncompleted 12 and abandoned buildings within the territory of the county, 13 but outside the territory of any municipality, and may remove 14 or cause the removal of garbage, debris, and other hazardous, 15 noxious, or unhealthy substances or materials from those 16 buildings. In any county having adopted, by referendum or 17 otherwise, a county health department as provided by Division 18 5-25 of the Counties Code or its predecessor, the county 19 board of any such county may upon a formal request by the 20 city, village, or incorporated town demolish, repair or cause 21 the demolition or repair of dangerous and unsafe buildings or 22 uncompleted and abandoned buildings within the territory of 23 any city, village, or incorporated town having a population 24 of less than 50,000. 25 The county board shall apply to the circuit court of the 26 county in which the building is located (i) for an order 27 authorizing action to be taken with respect to a building if 28 the owner or owners of the building, including the lien 29 holders of record, after at least 15 days' written notice by 30 mail to do so, have failed to commence proceedings to put the 31 building in a safe condition or to demolish it or (ii) for an HB1978 Enrolled -2- LRB9104006PTpk 1 order requiring the owner or owners of record to demolish, 2 repair, or enclose the building or to remove garbage, debris, 3 and other hazardous, noxious, or unhealthy substances or 4 materials from the building. It is not a defense to the 5 cause of action that the building is boarded up or otherwise 6 enclosed, although the court may order the defendant to have 7 the building boarded up or otherwise enclosed. Where, upon 8 diligent search, the identity or whereabouts of the owner or 9 owners of the building, including the lien holders of record, 10 is not ascertainable, notice mailed to the person or persons 11 in whose name the real estate was last assessed and the 12 posting of such notice upon the premises sought to be 13 demolished or repaired is sufficient notice under this 14 Section. 15 The hearing upon the application to the circuit court 16 shall be expedited by the court and shall be given precedence 17 over all other suits. 18 The cost of the demolition, repair, enclosure, or removal 19 incurred by the county, by an intervenor, or by a lien holder 20 of record, including court costs, attorney's fees, and other 21 costs related to the enforcement of this Section, is 22 recoverable from the owner or owners of the real estate or 23 the previous owner or both if the property was transferred 24 during the 15 day notice period and is a lien on the real 25 estate; the lien is superior to all prior existing liens and 26 encumbrances, except taxes, if, within 180 days after the 27 repair, demolition, enclosure, or removal, the county, the 28 lien holder of record, or the intervenor who incurred the 29 cost and expense shall file a notice of lien for the cost and 30 expense incurred in the office of the recorder in the county 31 in which the real estate is located or in the office of the 32 registrar of titles of the county if the real estate affected 33 is registered under the Registered Titles (Torrens) Act. 34 The notice must consist of a sworn statement setting out HB1978 Enrolled -3- LRB9104006PTpk 1 (1) a description of the real estate sufficient for its 2 identification, (2) the amount of money representing the cost 3 and expense incurred, and (3) the date or dates when the cost 4 and expense was incurred by the county, the lien holder of 5 record, or the intervenor. Upon payment of the cost and 6 expense by the owner of or persons interested in the property 7 after the notice of lien has been filed, the lien shall be 8 released by the county, the person in whose name the lien has 9 been filed, or the assignee of the lien, and the release may 10 be filed of record as in the case of filing notice of lien. 11 Unless the lien is enforced under subsection (b), the lien 12 may be enforced by foreclosure proceedings as in the case of 13 mortgage foreclosures under Article XV of the Code of Civil 14 Procedure or mechanics' lien foreclosures. An action to 15 foreclose this lien may be commenced at any time after the 16 date of filing of the notice of lien. The costs of 17 foreclosure incurred by the county, including court costs, 18 reasonable attorney's fees, advances to preserve the 19 property, and other costs related to the enforcement of this 20 subsection, plus statutory interest, are a lien on the real 21 estate and are recoverable by the county from the owner or 22 owners of the real estate. 23 All liens arising under this subsection (a) shall be 24 assignable. The assignee of the lien shall have the same 25 power to enforce the lien as the assigning party, except that 26 the lien may not be enforced under subsection (b). 27 If the appropriate official of any county determines that 28 any dangerous and unsafe building or uncompleted and 29 abandoned building within its territory fulfills the 30 requirements for an action by the county under the Abandoned 31 Housing Rehabilitation Act, the county may petition under 32 that Act in a proceeding brought under this subsection. 33 (b) In any case where a county has obtained a lien under 34 subsection (a), the county may enforce the lien under this HB1978 Enrolled -4- LRB9104006PTpk 1 subsection (b) in the same proceeding in which the lien is 2 authorized. 3 A county desiring to enforce a lien under this subsection 4 (b) shall petition the court to retain jurisdiction for 5 foreclosure proceedings under this subsection. Notice of the 6 petition shall be served, by certified or registered mail, on 7 all persons who were served notice under subsection (a). The 8 court shall conduct a hearing on the petition not less than 9 15 days after the notice is served. If the court determines 10 that the requirements of this subsection (b) have been 11 satisfied, it shall grant the petition and retain 12 jurisdiction over the matter until the foreclosure proceeding 13 is completed. The costs of foreclosure incurred by the 14 county, including court costs, reasonable attorneys' fees, 15 advances to preserve the property, and other costs related to 16 the enforcement of this subsection, plus statutory interest, 17 are a lien on the real estate and are recoverable by the 18 county from the owner or owners of the real estate. If the 19 court denies the petition, the county may enforce the lien in 20 a separate action as provided in subsection (a). 21 All persons designated in Section 15-1501 of the Code of 22 Civil Procedure as necessary parties in a mortgage 23 foreclosure action shall be joined as parties before issuance 24 of an order of foreclosure. Persons designated in Section 25 15-1501 of the Code of Civil Procedure as permissible parties 26 may also be joined as parties in the action. 27 The provisions of Article XV of the Code of Civil 28 Procedure applicable to mortgage foreclosures shall apply to 29 the foreclosure of a lien under this subsection (b), except 30 to the extent that those provisions are inconsistent with 31 this subsection. For purposes of foreclosures of liens 32 under this subsection, however, the redemption period 33 described in subsection (b) of Section 15-1603 of the Code of 34 Civil Procedure shall end 60 days after the date of entry of HB1978 Enrolled -5- LRB9104006PTpk 1 the order of foreclosure. 2 (c) In addition to any other remedy provided by law, the 3 county board of any county may petition the circuit court to 4 have property declared abandoned under this subsection (c) 5 if: 6 (1) the property has been tax delinquent for 2 or 7 more years or bills for water service for the property 8 have been outstanding for 2 or more years; 9 (2) the property is unoccupied by persons legally 10 in possession; and 11 (3) the property contains a dangerous or unsafe 12 building. 13 All persons having an interest of record in the property, 14 including tax purchasers and beneficial owners of any 15 Illinois land trust having title to the property, shall be 16 named as defendants in the petition and shall be served with 17 process. In addition, service shall be had under Section 18 2-206 of the Code of Civil Procedure as in other cases 19 affecting property. 20 The county, however, may proceed under this subsection in 21 a proceeding brought under subsection (a). Notice of the 22 petition shall be served by certified or registered mail on 23 all persons who were served notice under subsection (a). 24 If the county proves that the conditions described in 25 this subsection exist and the owner of record of the property 26 does not enter an appearance in the action, or, if title to 27 the property is held by an Illinois land trust, if neither 28 the owner of record nor the owner of the beneficial interest 29 of the trust enters an appearance, the court shall declare 30 the property abandoned. 31 If that determination is made, notice shall be sent by 32 certified or registered mail to all persons having an 33 interest of record in the property, including tax purchasers 34 and beneficial owners of any Illinois land trust having title HB1978 Enrolled -6- LRB9104006PTpk 1 to the property, stating that title to the property will be 2 transferred to the county unless, within 30 days of the 3 notice, the owner of record enters an appearance in the 4 action, or unless any other person having an interest in the 5 property files with the court a request to demolish the 6 dangerous or unsafe building or to put the building in safe 7 condition. 8 If the owner of record enters an appearance in the action 9 within the 30 day period, the court shall vacate its order 10 declaring the property abandoned. In that case, the county 11 may amend its complaint in order to initiate proceedings 12 under subsection (a). 13 If a request to demolish or repair the building is filed 14 within the 30 day period, the court shall grant permission to 15 the requesting party to demolish the building within 30 days 16 or to restore the building to safe condition within 60 days 17 after the request is granted. An extension of that period 18 for up to 60 additional days may be given for good cause. If 19 more than one person with an interest in the property files a 20 timely request, preference shall be given to the person with 21 the lien or other interest of the highest priority. 22 If the requesting party proves to the court that the 23 building has been demolished or put in a safe condition 24 within the period of time granted by the court, the court 25 shall issue a quitclaim judicial deed for the property to the 26 requesting party, conveying only the interest of the owner of 27 record, upon proof of payment to the county of all costs 28 incurred by the county in connection with the action, 29 including but not limited to court costs, attorney's fees, 30 administrative costs, the costs, if any, associated with 31 building enclosure or removal, and receiver's certificates. 32 The interest in the property so conveyed shall be subject to 33 all liens and encumbrances on the property. In addition, if 34 the interest is conveyed to a person holding a certificate of HB1978 Enrolled -7- LRB9104006PTpk 1 purchase for the property under the Property Tax Code, the 2 conveyance shall be subject to the rights of redemption of 3 all persons entitled to redeem under that Act, including the 4 original owner of record. 5 If no person with an interest in the property files a 6 timely request or if the requesting party fails to demolish 7 the building or put the building in safe condition within the 8 time specified by the court, the county may petition the 9 court to issue a judicial deed for the property to the 10 county. A conveyance by judicial deed shall operate to 11 extinguish all existing ownership interests in, liens on, and 12 other interest in the property, including tax liens. 13 (d) Each county may use the provisions of this 14 subsection to expedite the removal of certain buildings that 15 are a continuing hazard to the community in which they are 16 located. 17 If a residential building is 2 stories or less in height 18 as defined by the county's building code, and the official 19 designated to be in charge of enforcing the county's building 20 code determines that the building is open and vacant and an 21 immediate and continuing hazard to the community in which the 22 building is located, then the official shall be authorized to 23 post a notice not less than 2 feet by 2 feet in size on the 24 front of the building. The notice shall be dated as of the 25 date of the posting and shall state that unless the building 26 is demolished, repaired, or enclosed, and unless any garbage, 27 debris, and other hazardous, noxious, or unhealthy substances 28 or materials are removed so that an immediate and continuing 29 hazard to the community no longer exists, then the building 30 may be demolished, repaired, or enclosed, or any garbage, 31 debris, and other hazardous, noxious, or unhealthy substances 32 or materials may be removed, by the county. 33 Not later than 30 days following the posting of the 34 notice, the county shall do both of the following: HB1978 Enrolled -8- LRB9104006PTpk 1 (1) Cause to be sent, by certified mail, return 2 receipt requested, a notice to all owners of record of 3 the property, the beneficial owners of any Illinois land 4 trust having title to the property, and all lienholders 5 of record in the property, stating the intent of the 6 county to demolish, repair, or enclose the building or 7 remove any garbage, debris, or other hazardous, noxious, 8 or unhealthy substances or materials if that action is 9 not taken by the owner or owners. 10 (2) Cause to be published, in a newspaper published 11 or circulated in the county where the building is 12 located, a notice setting forth (i) the permanent tax 13 index number and the address of the building, (ii) a 14 statement that the property is open and vacant and 15 constitutes an immediate and continuing hazard to the 16 community, and (iii) a statement that the county intends 17 to demolish, repair, or enclose the building or remove 18 any garbage, debris, or other hazardous, noxious, or 19 unhealthy substances or materials if the owner or owners 20 or lienholders of record fail to do so. This notice 21 shall be published for 3 consecutive days. 22 A person objecting to the proposed actions of the county 23 board may file his or her objection in an appropriate form in 24 a court of competent jurisdiction. 25 If the building is not demolished, repaired, or enclosed, 26 or the garbage, debris, or other hazardous, noxious, or 27 unhealthy substances or materials are not removed, within 30 28 days of mailing the notice to the owners of record, the 29 beneficial owners of any Illinois land trust having title to 30 the property, and all lienholders of record in the property, 31 or within 30 days of the last day of publication of the 32 notice, whichever is later, the county board shall have the 33 power to demolish, repair, or enclose the building or to 34 remove any garbage, debris, or other hazardous, noxious, or HB1978 Enrolled -9- LRB9104006PTpk 1 unhealthy substances or materials. 2 The county may proceed to demolish, repair, or enclose a 3 building or remove any garbage, debris, or other hazardous, 4 noxious, or unhealthy substances or materials under this 5 subsection within a 120-day period following the date of the 6 mailing of the notice if the appropriate official determines 7 that the demolition, repair, enclosure, or removal of any 8 garbage, debris, or other hazardous, noxious, or unhealthy 9 substances or materials is necessary to remedy the immediate 10 and continuing hazard. If, however, before the county 11 proceeds with any of the actions authorized by this 12 subsection, any person has sought a hearing under this 13 subsection before a court and has served a copy of the 14 complaint on the chief executive officer of the county, then 15 the county shall not proceed with the demolition, repair, 16 enclosure, or removal of garbage, debris, or other substances 17 until the court determines that that action is necessary to 18 remedy the hazard and issues an order authorizing the county 19 to do so. 20 Following the demolition, repair, or enclosure of a 21 building, or the removal of garbage, debris, or other 22 hazardous, noxious, or unhealthy substances or materials 23 under this subsection, the county may file a notice of lien 24 against the real estate for the cost of the demolition, 25 repair, enclosure, or removal within 180 days after the 26 repair, demolition, enclosure, or removal occurred, for the 27 cost and expense incurred, in the office of the recorder in 28 the county in which the real estate is located or in the 29 office of the registrar of titles of the county if the real 30 estate affected is registered under the Registered Titles 31 (Torrens) Act. The notice of lien shall consist of a sworn 32 statement setting forth (i) a description of the real estate, 33 such as the address or other description of the property, 34 sufficient for its identification; (ii) the expenses incurred HB1978 Enrolled -10- LRB9104006PTpk 1 by the county in undertaking the remedial actions authorized 2 under this subsection; (iii) the date or dates the expenses 3 were incurred by the county; (iv) a statement by the official 4 responsible for enforcing the building code that the building 5 was open and vacant and constituted an immediate and 6 continuing hazard to the community; (v) a statement by the 7 official that the required sign was posted on the building, 8 that notice was sent by certified mail to the owners of 9 record, and that notice was published in accordance with this 10 subsection; and (vi) a statement as to when and where the 11 notice was published. The lien authorized by this subsection 12 may thereafter be released or enforced by the county as 13 provided in subsection (a). 14 (e) In any case where a county has obtained a lien under 15 subsection (a), the county may also bring an action for a 16 money judgment against the owner or owners of the real estate 17 in the amount of the lien in the same manner as provided for 18 bringing causes of action in Article II of the Code of Civil 19 Procedure and, upon obtaining a judgment, file a judgment 20 lien against all of the real estate of the owner or owners 21 and enforce that lien as provided for in Article XII of the 22 Code of Civil Procedure. 23 (Source: P.A. 89-585, eff. 1-1-97; 90-14, eff. 7-1-97; 24 90-517, eff. 8-22-97; revised 3-4-99.) 25 Section 10. The Illinois Municipal Code is amended by 26 changing Section 11-31-1 as follows: 27 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1) 28 Sec. 11-31-1. Demolition, repair, enclosure, or 29 remediation. 30 (a) The corporate authorities of each municipality may 31 demolish, repair, or enclose or cause the demolition, repair, 32 or enclosure of dangerous and unsafe buildings or uncompleted HB1978 Enrolled -11- LRB9104006PTpk 1 and abandoned buildings within the territory of the 2 municipality and may remove or cause the removal of garbage, 3 debris, and other hazardous, noxious, or unhealthy substances 4 or materials from those buildings. In any county having 5 adopted by referendum or otherwise a county health department 6 as provided by Division 5-25 of the Counties Code or its 7 predecessor, the county board of that county may exercise 8 those powers with regard to dangerous and unsafe buildings or 9 uncompleted and abandoned buildings within the territory of 10 any city, village, or incorporated town having less than 11 50,000 population. 12 The corporate authorities shall apply to the circuit 13 court of the county in which the building is located (i) for 14 an order authorizing action to be taken with respect to a 15 building if the owner or owners of the building, including 16 the lien holders of record, after at least 15 days' written 17 notice by mail so to do, have failed to put the building in a 18 safe condition or to demolish it or (ii) for an order 19 requiring the owner or owners of record to demolish, repair, 20 or enclose the building or to remove garbage, debris, and 21 other hazardous, noxious, or unhealthy substances or 22 materials from the building. It is not a defense to the 23 cause of action that the building is boarded up or otherwise 24 enclosed, although the court may order the defendant to have 25 the building boarded up or otherwise enclosed. Where, upon 26 diligent search, the identity or whereabouts of the owner or 27 owners of the building, including the lien holders of record, 28 is not ascertainable, notice mailed to the person or persons 29 in whose name the real estate was last assessed is sufficient 30 notice under this Section. 31 The hearing upon the application to the circuit court 32 shall be expedited by the court and shall be given precedence 33 over all other suits. Any person entitled to bring an action 34 under subsection (b) shall have the right to intervene in an HB1978 Enrolled -12- LRB9104006PTpk 1 action brought under this Section. 2 The cost of the demolition, repair, enclosure, or removal 3 incurred by the municipality, by an intervenor, or by a lien 4 holder of record, including court costs, attorney's fees, and 5 other costs related to the enforcement of this Section, is 6 recoverable from the owner or owners of the real estate or 7 the previous owner or both if the property was transferred 8 during the 15 day notice period and is a lien on the real 9 estate; the lien is superior to all prior existing liens and 10 encumbrances, except taxes, if, within 180 days after the 11 repair, demolition, enclosure, or removal, the municipality, 12 the lien holder of record, or the intervenor who incurred the 13 cost and expense shall file a notice of lien for the cost and 14 expense incurred in the office of the recorder in the county 15 in which the real estate is located or in the office of the 16 registrar of titles of the county if the real estate affected 17 is registered under the Registered Titles (Torrens) Act. 18 The notice must consist of a sworn statement setting out 19 (1) a description of the real estate sufficient for its 20 identification, (2) the amount of money representing the cost 21 and expense incurred, and (3) the date or dates when the cost 22 and expense was incurred by the municipality, the lien holder 23 of record, or the intervenor. Upon payment of the cost and 24 expense by the owner of or persons interested in the property 25 after the notice of lien has been filed, the lien shall be 26 released by the municipality, the person in whose name the 27 lien has been filed, or the assignee of the lien, and the 28 release may be filed of record as in the case of filing 29 notice of lien. Unless the lien is enforced under subsection 30 (c), the lien may be enforced by foreclosure proceedings as 31 in the case of mortgage foreclosures under Article XV of the 32 Code of Civil Procedure or mechanics' lien foreclosures. An 33 action to foreclose this lien may be commenced at any time 34 after the date of filing of the notice of lien. The costs of HB1978 Enrolled -13- LRB9104006PTpk 1 foreclosure incurred by the municipality, including court 2 costs, reasonable attorney's fees, advances to preserve the 3 property, and other costs related to the enforcement of this 4 subsection, plus statutory interest, are a lien on the real 5 estate and are recoverable by the municipality from the owner 6 or owners of the real estate. 7 All liens arising under this subsection (a) shall be 8 assignable. The assignee of the lien shall have the same 9 power to enforce the lien as the assigning party, except that 10 the lien may not be enforced under subsection (c). 11 If the appropriate official of any municipality 12 determines that any dangerous and unsafe building or 13 uncompleted and abandoned building within its territory 14 fulfills the requirements for an action by the municipality 15 under the Abandoned Housing Rehabilitation Act, the 16 municipality may petition under that Act in a proceeding 17 brought under this subsection. 18 (b) Any owner or tenant of real property within 1200 19 feet in any direction of any dangerous or unsafe building 20 located within the territory of a municipality with a 21 population of 500,000 or more may file with the appropriate 22 municipal authority a request that the municipality apply to 23 the circuit court of the county in which the building is 24 located for an order permitting the demolition, removal of 25 garbage, debris, and other noxious or unhealthy substances 26 and materials from, or repair or enclosure of the building in 27 the manner prescribed in subsection (a) of this Section. If 28 the municipality fails to institute an action in circuit 29 court within 90 days after the filing of the request, the 30 owner or tenant of real property within 1200 feet in any 31 direction of the building may institute an action in circuit 32 court seeking an order compelling the owner or owners of 33 record to demolish, remove garbage, debris, and other noxious 34 or unhealthy substances and materials from, repair or enclose HB1978 Enrolled -14- LRB9104006PTpk 1 or to cause to be demolished, have garbage, debris, and other 2 noxious or unhealthy substances and materials removed from, 3 repaired, or enclosed the building in question. A private 4 owner or tenant who institutes an action under the preceding 5 sentence shall not be required to pay any fee to the clerk of 6 the circuit court. The cost of repair, removal, demolition, 7 or enclosure shall be borne by the owner or owners of record 8 of the building. In the event the owner or owners of record 9 fail to demolish, remove garbage, debris, and other noxious 10 or unhealthy substances and materials from, repair, or 11 enclose the building within 90 days of the date the court 12 entered its order, the owner or tenant who instituted the 13 action may request that the court join the municipality as a 14 party to the action. The court may order the municipality to 15 demolish, remove materials from, repair, or enclose the 16 building, or cause that action to be taken upon the request 17 of any owner or tenant who instituted the action or upon the 18 municipality's request. The municipality may file, and the 19 court may approve, a plan for rehabilitating the building in 20 question. A court order authorizing the municipality to 21 demolish, remove materials from, repair, or enclose a 22 building, or cause that action to be taken, shall not 23 preclude the court from adjudging the owner or owners of 24 record of the building in contempt of court due to the 25 failure to comply with the order to demolish, remove garbage, 26 debris, and other noxious or unhealthy substances and 27 materials from, repair, or enclose the building. 28 If a municipality or a person or persons other than the 29 owner or owners of record pay the cost of demolition, removal 30 of garbage, debris, and other noxious or unhealthy substances 31 and materials, repair, or enclosure pursuant to a court 32 order, the cost, including court costs, attorney's fees, and 33 other costs related to the enforcement of this subsection, is 34 recoverable from the owner or owners of the real estate and HB1978 Enrolled -15- LRB9104006PTpk 1 is a lien on the real estate; the lien is superior to all 2 prior existing liens and encumbrances, except taxes, if, 3 within 180 days after the repair, removal, demolition, or 4 enclosure, the municipality or the person or persons who paid 5 the costs of demolition, removal, repair, or enclosure shall 6 file a notice of lien of the cost and expense incurred in the 7 office of the recorder in the county in which the real estate 8 is located or in the office of the registrar of the county if 9 the real estate affected is registered under the Registered 10 Titles (Torrens) Act. The notice shall be in a form as is 11 provided in subsection (a). An owner or tenant who 12 institutes an action in circuit court seeking an order to 13 compel the owner or owners of record to demolish, remove 14 materials from, repair, or enclose any dangerous or unsafe 15 building, or to cause that action to be taken under this 16 subsection may recover court costs and reasonable attorney's 17 fees for instituting the action from the owner or owners of 18 record of the building. Upon payment of the costs and 19 expenses by the owner of or a person interested in the 20 property after the notice of lien has been filed, the lien 21 shall be released by the municipality or the person in whose 22 name the lien has been filed or his or her assignee, and the 23 release may be filed of record as in the case of filing a 24 notice of lien. Unless the lien is enforced under subsection 25 (c), the lien may be enforced by foreclosure proceedings as 26 in the case of mortgage foreclosures under Article XV of the 27 Code of Civil Procedure or mechanics' lien foreclosures. An 28 action to foreclose this lien may be commenced at any time 29 after the date of filing of the notice of lien. The costs of 30 foreclosure incurred by the municipality, including court 31 costs, reasonable attorneys' fees, advances to preserve the 32 property, and other costs related to the enforcement of this 33 subsection, plus statutory interest, are a lien on the real 34 estate and are recoverable by the municipality from the owner HB1978 Enrolled -16- LRB9104006PTpk 1 or owners of the real estate. 2 All liens arising under the terms of this subsection (b) 3 shall be assignable. The assignee of the lien shall have the 4 same power to enforce the lien as the assigning party, except 5 that the lien may not be enforced under subsection (c). 6 (c) In any case where a municipality has obtained a lien 7 under subsection (a), (b), or (f), the municipality may 8 enforce the lien under this subsection (c) in the same 9 proceeding in which the lien is authorized. 10 A municipality desiring to enforce a lien under this 11 subsection (c) shall petition the court to retain 12 jurisdiction for foreclosure proceedings under this 13 subsection. Notice of the petition shall be served, by 14 certified or registered mail, on all persons who were served 15 notice under subsection (a), (b), or (f). The court shall 16 conduct a hearing on the petition not less than 15 days after 17 the notice is served. If the court determines that the 18 requirements of this subsection (c) have been satisfied, it 19 shall grant the petition and retain jurisdiction over the 20 matter until the foreclosure proceeding is completed. The 21 costs of foreclosure incurred by the municipality, including 22 court costs, reasonable attorneys' fees, advances to preserve 23 the property, and other costs related to the enforcement of 24 this subsection, plus statutory interest, are a lien on the 25 real estate and are recoverable by the municipality from the 26 owner or owners of the real estate. If the court denies the 27 petition, the municipality may enforce the lien in a separate 28 action as provided in subsection (a), (b), or (f). 29 All persons designated in Section 15-1501 of the Code of 30 Civil Procedure as necessary parties in a mortgage 31 foreclosure action shall be joined as parties before issuance 32 of an order of foreclosure. Persons designated in Section 33 15-1501 of the Code of Civil Procedure as permissible parties 34 may also be joined as parties in the action. HB1978 Enrolled -17- LRB9104006PTpk 1 The provisions of Article XV of the Code of Civil 2 Procedure applicable to mortgage foreclosures shall apply to 3 the foreclosure of a lien under this subsection (c), except 4 to the extent that those provisions are inconsistent with 5 this subsection. For purposes of foreclosures of liens 6 under this subsection, however, the redemption period 7 described in subsection (b) of Section 15-1603 of the Code of 8 Civil Procedure shall end 60 days after the date of entry of 9 the order of foreclosure. 10 (d) In addition to any other remedy provided by law, the 11 corporate authorities of any municipality may petition the 12 circuit court to have property declared abandoned under this 13 subsection (d) if: 14 (1) the property has been tax delinquent for 2 or 15 more years or bills for water service for the property 16 have been outstanding for 2 or more years; 17 (2) the property is unoccupied by persons legally 18 in possession; and 19 (3) the property contains a dangerous or unsafe 20 building. 21 All persons having an interest of record in the property, 22 including tax purchasers and beneficial owners of any 23 Illinois land trust having title to the property, shall be 24 named as defendants in the petition and shall be served with 25 process. In addition, service shall be had under Section 26 2-206 of the Code of Civil Procedure as in other cases 27 affecting property. 28 The municipality, however, may proceed under this 29 subsection in a proceeding brought under subsection (a) or 30 (b). Notice of the petition shall be served by certified or 31 registered mail on all persons who were served notice under 32 subsection (a) or (b). 33 If the municipality proves that the conditions described 34 in this subsection exist and the owner of record of the HB1978 Enrolled -18- LRB9104006PTpk 1 property does not enter an appearance in the action, or, if 2 title to the property is held by an Illinois land trust, if 3 neither the owner of record nor the owner of the beneficial 4 interest of the trust enters an appearance, the court shall 5 declare 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 municipality 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 20 municipality may amend its complaint in order to initiate 21 proceedings 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 HB1978 Enrolled -19- LRB9104006PTpk 1 requesting party, conveying only the interest of the owner of 2 record, upon proof of payment to the municipality of all 3 costs incurred by the municipality in connection with the 4 action, including but not limited to court costs, attorney's 5 fees, administrative costs, the costs, if any, associated 6 with building enclosure or removal, and receiver's 7 certificates. The interest in the property so conveyed shall 8 be subject to all liens and encumbrances on the property. In 9 addition, if the interest is conveyed to a person holding a 10 certificate of purchase for the property under the Property 11 Tax Code, the conveyance shall be subject to the rights of 12 redemption of all persons entitled to redeem under that Act, 13 including the 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 municipality may petition 18 the court to issue a judicial deed for the property to the 19 municipality. 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 (e) Each municipality 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 or commercial building is 3 stories or 27 less in height as defined by the municipality's building 28 code, and the corporate official designated to be in charge 29 of enforcing the municipality's building code determines that 30 the building is open and vacant and an immediate and 31 continuing hazard to the community in which the building is 32 located, then the official shall be authorized to post a 33 notice not less than 2 feet by 2 feet in size on the front of 34 the building. The notice shall be dated as of the date of HB1978 Enrolled -20- LRB9104006PTpk 1 the posting and shall state that unless the building is 2 demolished, repaired, or enclosed, and unless any garbage, 3 debris, and other hazardous, noxious, or unhealthy substances 4 or materials are removed so that an immediate and continuing 5 hazard to the community no longer exists, then the building 6 may be demolished, repaired, or enclosed, or any garbage, 7 debris, and other hazardous, noxious, or unhealthy substances 8 or materials may be removed, by the municipality. 9 Not later than 30 days following the posting of the 10 notice, the municipality shall do both of the following: 11 (1) Cause to be sent, by certified mail, return 12 receipt requested, a notice to all owners of record of 13 the property, the beneficial owners of any Illinois land 14 trust having title to the property, and all lienholders 15 of record in the property, stating the intent of the 16 municipality to demolish, repair, or enclose the building 17 or remove any garbage, debris, or other hazardous, 18 noxious, or unhealthy substances or materials if that 19 action is not taken by the owner or owners. 20 (2) Cause to be published, in a newspaper published 21 or circulated in the municipality where the building is 22 located, a notice setting forth (i) the permanent tax 23 index number and the address of the building, (ii) a 24 statement that the property is open and vacant and 25 constitutes an immediate and continuing hazard to the 26 community, and (iii) a statement that the municipality 27 intends to demolish, repair, or enclose the building or 28 remove any garbage, debris, or other hazardous, noxious, 29 or unhealthy substances or materials if the owner or 30 owners or lienholders of record fail to do so. This 31 notice shall be published for 3 consecutive days. 32 A person objecting to the proposed actions of the 33 corporate authorities may file his or her objection in an 34 appropriate form in a court of competent jurisdiction. HB1978 Enrolled -21- LRB9104006PTpk 1 If the building is not demolished, repaired, or enclosed, 2 or the garbage, debris, or other hazardous, noxious, or 3 unhealthy substances or materials are not removed, within 30 4 days of mailing the notice to the owners of record, the 5 beneficial owners of any Illinois land trust having title to 6 the property, and all lienholders of record in the property, 7 or within 30 days of the last day of publication of the 8 notice, whichever is later, the corporate authorities shall 9 have the power to demolish, repair, or enclose the building 10 or to remove any garbage, debris, or other hazardous, 11 noxious, or unhealthy substances or materials. 12 The municipality may proceed to demolish, repair, or 13 enclose a building or remove any garbage, debris, or other 14 hazardous, noxious, or unhealthy substances or materials 15 under this subsection within a 120-day period following the 16 date of the mailing of the notice if the appropriate official 17 determines that the demolition, repair, enclosure, or removal 18 of any garbage, debris, or other hazardous, noxious, or 19 unhealthy substances or materials is necessary to remedy the 20 immediate and continuing hazard. If, however, before the 21 municipality proceeds with any of the actions authorized by 22 this subsection, any person has sought a hearing under this 23 subsection before a court and has served a copy of the 24 complaint on the chief executive officer of the municipality, 25 then the municipality shall not proceed with the demolition, 26 repair, enclosure, or removal of garbage, debris, or other 27 substances until the court determines that that action is 28 necessary to remedy the hazard and issues an order 29 authorizing the municipality to do so. 30 Following the demolition, repair, or enclosure of a 31 building, or the removal of garbage, debris, or other 32 hazardous, noxious, or unhealthy substances or materials 33 under this subsection, the municipality may file a notice of 34 lien against the real estate for the cost of the demolition, HB1978 Enrolled -22- LRB9104006PTpk 1 repair, enclosure, or removal within 180 days after the 2 repair, demolition, enclosure, or removal occurred, for the 3 cost and expense incurred, in the office of the recorder in 4 the county in which the real estate is located or in the 5 office of the registrar of titles of the county if the real 6 estate affected is registered under the Registered Titles 7 (Torrens) Act. The notice of lien shall consist of a sworn 8 statement setting forth (i) a description of the real estate, 9 such as the address or other description of the property, 10 sufficient for its identification; (ii) the expenses incurred 11 by the municipality in undertaking the remedial actions 12 authorized under this subsection; (iii) the date or dates the 13 expenses were incurred by the municipality; (iv) a statement 14 by the corporate official responsible for enforcing the 15 building code that the building was open and vacant and 16 constituted an immediate and continuing hazard to the 17 community; (v) a statement by the corporate official that the 18 required sign was posted on the building, that notice was 19 sent by certified mail to the owners of record, and that 20 notice was published in accordance with this subsection; and 21 (vi) a statement as to when and where the notice was 22 published. The lien authorized by this subsection may 23 thereafter be released or enforced by the municipality as 24 provided in subsection (a). 25 (f) The corporate authorities of each municipality may 26 remove or cause the removal of, or otherwise environmentally 27 remediate hazardous substances on, in, or under any abandoned 28 and unsafe property within the territory of a municipality. 29 In addition, where preliminary evidence indicates the 30 presence or likely presence of a hazardous substance or a 31 release or a substantial threat of a release of a hazardous 32 substance on, in, or under the property, the corporate 33 authorities of the municipality may inspect the property and 34 test for the presence or release of hazardous substances. In HB1978 Enrolled -23- LRB9104006PTpk 1 any county having adopted by referendum or otherwise a county 2 health department as provided by Division 5-25 of the 3 Counties Code or its predecessor, the county board of that 4 county may exercise the above-described powers with regard to 5 property within the territory of any city, village, or 6 incorporated town having less than 50,000 population. 7 For purposes of this subsection (f): 8 (1) "property" or "real estate" means all real 9 property, whether or not improved by a structure; 10 (2) "abandoned" means; 11 (A) the property has been tax delinquent for 2 12 or more years; 13 (B) the property is unoccupied by persons 14 legally in possession; and 15 (3) "unsafe" means property that presents an actual 16 or imminent threat to public health and safety caused by 17 the release of hazardous substances; and 18 (4) "hazardous substances" means the same as in 19 Section 3.14 of the Environmental Protection Act. 20 The corporate authorities shall apply to the circuit 21 court of the county in which the property is located (i) for 22 an order allowing the municipality to enter the property and 23 inspect and test substances on, in, or under the property; or 24 (ii) for an order authorizing the corporate authorities to 25 take action with respect to remediation of the property if 26 conditions on the property, based on the inspection and 27 testing authorized in paragraph (i), indicate the presence of 28 hazardous substances. Remediation shall be deemed complete 29 for purposes of paragraph (ii) above when the property 30 satisfies Tier I, II, or III remediation objectives for the 31 property's most recent usage, as established by the 32 Environmental Protection Act, and the rules and regulations 33 promulgated thereunder. Where, upon diligent search, the 34 identity or whereabouts of the owner or owners of the HB1978 Enrolled -24- LRB9104006PTpk 1 property, including the lien holders of record, is not 2 ascertainable, notice mailed to the person or persons in 3 whose name the real estate was last assessed is sufficient 4 notice under this Section. 5 The court shall grant an order authorizing testing under 6 paragraph (i) above upon a showing of preliminary evidence 7 indicating the presence or likely presence of a hazardous 8 substance or a release of or a substantial threat of a 9 release of a hazardous substance on, in, or under abandoned 10 property. The preliminary evidence may include, but is not 11 limited to, evidence of prior use, visual site inspection, or 12 records of prior environmental investigations. The testing 13 authorized by paragraph (i) above shall include any type of 14 investigation which is necessary for an environmental 15 professional to determine the environmental condition of the 16 property, including but not limited to performance of soil 17 borings and groundwater monitoring. The court shall grant a 18 remediation order under paragraph (ii) above where testing of 19 the property indicates that it fails to meet the applicable 20 remediation objectives. The hearing upon the application to 21 the circuit court shall be expedited by the court and shall 22 be given precedence over all other suits. 23 The cost of the inspection, testing, or remediation 24 incurred by the municipality or by a lien holder of record, 25 including court costs, attorney's fees, and other costs 26 related to the enforcement of this Section, is a lien on the 27 real estate; except that in any instances where a 28 municipality incurs costs of inspection and testing but finds 29 no hazardous substances on the property that present an 30 actual or imminent threat to public health and safety, such 31 costs are not recoverable from the owners nor are such costs 32 a lien on the real estate. The lien is superior to all prior 33 existing liens and encumbrances, except taxes and any lien 34 obtained under subsection (a) or (e), if, within 180 days HB1978 Enrolled -25- LRB9104006PTpk 1 after the completion of the inspection, testing, or 2 remediation, the municipality or the lien holder of record 3 who incurred the cost and expense shall file a notice of lien 4 for the cost and expense incurred in the office of the 5 recorder in the county in which the real estate is located or 6 in the office of the registrar of titles of the county if the 7 real estate affected is registered under the Registered 8 Titles (Torrens) Act. 9 The notice must consist of a sworn statement setting out 10 (i) a description of the real estate sufficient for its 11 identification, (ii) the amount of money representing the 12 cost and expense incurred, and (iii) the date or dates when 13 the cost and expense was incurred by the municipality or the 14 lien holder of record. Upon payment of the lien amount by 15 the owner of or persons interested in the property after the 16 notice of lien has been filed, a release of lien shall be 17 issued by the municipality, the person in whose name the lien 18 has been filed, or the assignee of the lien, and the release 19 may be filed of record as in the case of filing notice of 20 lien. 21 The lien may be enforced under subsection (c) or by 22 foreclosure proceedings as in the case of mortgage 23 foreclosures under Article XV of the Code of Civil Procedure 24 or mechanics' lien foreclosures; provided that where the lien 25 is enforced by foreclosure under subsection (c) or under 26 either statute, the municipality may not proceed against the 27 other assets of the owner or owners of the real estate for 28 any costs that otherwise would be recoverable under this 29 Section but that remain unsatisfied after foreclosure except 30 where such additional recovery is authorized by separate 31 environmental laws. An action to foreclose this lien may be 32 commenced at any time after the date of filing of the notice 33 of lien. The costs of foreclosure incurred by the 34 municipality, including court costs, reasonable attorney's HB1978 Enrolled -26- LRB9104006PTpk 1 fees, advances to preserve the property, and other costs 2 related to the enforcement of this subsection, plus statutory 3 interest, are a lien on the real estate. 4 All liens arising under this subsection (f) shall be 5 assignable. The assignee of the lien shall have the same 6 power to enforce the lien as the assigning party, except that 7 the lien may not be enforced under subsection (c). 8 (g) In any case where a municipality has obtained a lien 9 under subsection (a), the municipality may also bring an 10 action for a money judgment against the owner or owners of 11 the real estate in the amount of the lien in the same manner 12 as provided for bringing causes of action in Article II of 13 the Code of Civil Procedure and, upon obtaining a judgment, 14 file a judgment lien against all of the real estate of the 15 owner or owners and enforce that lien as provided for in 16 Article XII of the Code of Civil Procedure. 17 (Source: P.A. 89-235, eff. 8-4-95; 89-303, eff. 1-1-96; 18 90-393, eff. 1-1-98; 90-597, eff. 6-25-98; revised 9-16-98.)