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91_HB4038
LRB9112192MWgc
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 11-20-7 and 11-20-13.
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 changing Sections 11-20-7 and 11-20-13 as follows:
7 (65 ILCS 5/11-20-7) (from Ch. 24, par. 11-20-7)
8 Sec. 11-20-7. The corporate authorities of each
9 municipality may provide for the cutting of weeds in the
10 municipality, when the owners of real estate refuse or
11 neglect to cut them, and may to collect from the owners of
12 private property the reasonable cost thereof and an
13 additional penalty in the amount of $200. This cost and
14 penalty are liens is a lien upon the real estate affected,
15 superior to all other liens and encumbrances, except tax
16 liens; provided that within 60 days after such cost and
17 expense is incurred or penalty imposed the municipality, or
18 person performing the service by authority of the
19 municipality, in his or its own name, files notice of lien in
20 the office of the recorder in the county in which such real
21 estate is located or in the office of the Registrar of Titles
22 of such county if the real estate affected is registered
23 under the Torrens system. The notice shall consist of a sworn
24 statement setting out (1) a description of the real estate
25 sufficient for identification thereof, (2) the amount of
26 money representing the cost and expense incurred or payable
27 for the service and any penalty, and (3) the date or dates
28 when such cost and expense was incurred by the municipality
29 or the date the penalty was imposed. However, the lien of
30 such municipality shall not be valid as to any purchaser
31 whose rights in and to such real estate have arisen
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1 subsequent to the weed-cutting and prior to the filing of
2 such notice, and the lien of such municipality shall not be
3 valid as to any mortgagee, judgment creditor or other lienor
4 whose rights in and to such real estate arise prior to the
5 filing of such notice. Upon payment of the cost and expense
6 and any penalty by the owner of or persons interested in such
7 property after notice of lien has been filed, the lien shall
8 be released by the municipality or person in whose name the
9 lien has been filed and the release may be filed of record as
10 in the case of filing notice of lien.
11 The cost of the cutting of weeds or any penalty shall not
12 be lien on the real estate affected unless a notice is
13 personally served on, or sent by certified mail to, the
14 person to whom was sent the tax bill for the general taxes on
15 the property for the last preceding year. The notice shall
16 be delivered or sent after the cutting of weeds on the
17 property. The notice shall state the substance of this
18 Section and the substance of any ordinance of the
19 municipality implementing this Section and shall identify the
20 property, by common description, and the location of the
21 weeds to be cut.
22 (Source: P.A. 88-355.)
23 (65 ILCS 5/11-20-13) (from Ch. 24, par. 11-20-13)
24 Sec. 11-20-13. The corporate authorities of each
25 municipality may provide for the removal of garbage, debris,
26 and graffiti from private property when the owner of such
27 property, after reasonable notice, refuses or neglects to
28 remove such garbage, debris, and graffiti and may collect
29 from such owner the reasonable cost thereof and an additional
30 penalty in the amount of $200, except in the case of
31 graffiti. This cost and penalty are liens is a lien upon the
32 real estate affected, superior to all subsequent liens and
33 encumbrances, except tax liens, if within 60 days after such
-3- LRB9112192MWgc
1 cost and expense is incurred or penalty imposed the
2 municipality, or person performing the service by authority
3 of the municipality, in his or its own name, files notice of
4 lien in the office of the recorder in the county in which
5 such real estate is located or in the office of the Registrar
6 of Titles of such county if the real estate affected is
7 registered under the Torrens system "An Act concerning land
8 titles", approved May 1, 1897, as amended. The notice shall
9 consist of a sworn statement setting out (1) a description of
10 the real estate sufficient for identification thereof, (2)
11 the amount of money representing the cost and expense
12 incurred or payable for the service and any penalty, and (3)
13 the date or dates when such cost and expense was incurred by
14 the municipality or the penalty was imposed. However, the
15 lien of such municipality shall not be valid as to any
16 purchaser whose rights in and to such real estate have arisen
17 subsequent to removal of the garbage and debris and prior to
18 the filing of such notice, and the lien of such municipality
19 shall not be valid as to any mortgagee, judgment creditor or
20 other lienor whose rights in and to such real estate arise
21 prior to the filing of such notice. Upon payment of the cost
22 and expense and any penalty by the owner of or persons
23 interested in such property after notice of lien has been
24 filed, the lien shall be released by the municipality or
25 person in whose name the lien has been filed and the release
26 may be filed of record as in the case of filing notice of
27 lien. The lien may be enforced by proceedings to foreclose as
28 in case of mortgages or mechanics' liens. An action to
29 foreclose this lien shall be commenced within 2 years after
30 the date of filing notice of lien.
31 This amendatory Act of 1973 does not apply to any
32 municipality which is a home rule unit.
33 (Source: P.A. 90-292, eff. 1-1-98.)