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Public Act 095-0183


 

Public Act 0183 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0183
 
HB1881 Enrolled LRB095 03849 HLH 23880 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Municipal Code is amended by
changing Sections 11-20-7 and 11-20-12 as follows:
 
    (65 ILCS 5/11-20-7)  (from Ch. 24, par. 11-20-7)
    Sec. 11-20-7. The corporate authorities of each
municipality may provide for the cutting of weeds or grass, the
trimming of trees or bushes, and the removal of nuisance bushes
or trees in the municipality, when the owners of real estate
refuse or neglect to cut, trim, or remove them and to collect
from the owners of private property the reasonable cost
thereof. This cost is a lien upon the real estate affected,
superior to all other liens and encumbrances, except tax liens;
provided that within 60 days after such cost and expense is
incurred the municipality, or person performing the service by
authority of the municipality, in his or its own name, files
notice of lien in the office of the recorder in the county in
which such real estate is located or in the office of the
Registrar of Titles of such county if the real estate affected
is registered under the Torrens system. The notice shall
consist of a sworn statement setting out (1) a description of
the real estate sufficient for identification thereof, (2) the
amount of money representing the cost and expense incurred or
payable for the service, and (3) the date or dates when such
cost and expense was incurred by the municipality. However, the
lien of such municipality shall not be valid as to any
purchaser whose rights in and to such real estate have arisen
subsequent to the cutting of weeds or grass, the trimming of
trees or bushes, or the removal of nuisance bushes or trees
weed-cutting and prior to the filing of such notice, and the
lien of such municipality shall not be valid as to any
mortgagee, judgment creditor or other lienor whose rights in
and to such real estate arise prior to the filing of such
notice. Upon payment of the cost and expense by the owner of or
persons interested in such property after notice of lien has
been filed, the lien shall be released by the municipality or
person in whose name the lien has been filed and the release
may be filed of record as in the case of filing notice of lien.
    The cost of the cutting, trimming, or removal of weeds,
grass, trees, or bushes shall not be lien on the real estate
affected unless a notice is personally served on, or sent by
certified mail to, the person to whom was sent the tax bill for
the general taxes on the property for the last preceding year.
The notice shall be delivered or sent after the cutting,
trimming, or removal of weeds, grass, trees, or bushes on the
property. The notice shall state the substance of this Section
and the substance of any ordinance of the municipality
implementing this Section and shall identify the property, by
common description, and the location of the weeds to be cut.
(Source: P.A. 88-355.)
 
    (65 ILCS 5/11-20-12)  (from Ch. 24, par. 11-20-12)
    Sec. 11-20-12. The corporate authorities of each
municipality may provide for the removal of elm trees infected
with Dutch elm disease or ash trees infected with the emerald
ash borer (Agrilus planipennis Fairmaire) from property not
owned by the municipality or dedicated for public use when the
owner of such property refuses or neglects to remove any such
tree, and to collect from the property owner the reasonable
cost thereof. This cost is a lien upon the real estate
affected, superior to all other liens and encumbrances, except
tax liens; provided that notice has been given as hereinafter
described, and further provided that within 60 days after such
cost and expense is incurred the municipality, or person
performing the service by authority of the municipality, in his
or its own name, files notice of lien in the office of the
recorder in the county in which such real estate is located or
in the office of the Registrar of Titles of such county if the
real estate affected is registered under "An Act concerning
land titles", approved May 1, 1897, as amended. The notice
shall consist of a sworn statement setting out (1) a
description of the real estate sufficient for identification
thereof, (2) the amount of money representing the cost and
expense incurred or payable for the service, and (3) the date
or dates when such cost and expense was incurred by the
municipality. However, the lien of such municipality shall not
be valid as to any purchaser whose rights in and to such real
estate have arisen subsequent to the tree removal and prior to
the filing of such notice, and the lien of such municipality
shall not be valid as to any mortgagee, judgment creditor or
other lienor whose rights in and to such real estate arise
prior to the filing of such notice. Upon payment of the cost
and expense by the owner of or persons interested in such
property after notice of lien has been filed, the lien shall be
released by the municipality or person in whose name the lien
has been filed and the release may be filed of record as in the
case of filing notice of lien.
    The cost of such tree removal shall not be a lien upon the
real estate affected unless a notice shall be personally served
or sent by registered mail to the person to whom was sent the
tax bill for the general taxes for the last preceding year on
the property, such notice to be delivered or sent not less than
30 days prior to the removal of the tree or trees located
thereon. The notice shall contain the substance of this
section, and of any ordinance of the municipality implementing
its provisions, and identify the property, by common
description, and the tree or trees affected.
(Source: P.A. 83-358.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/14/2007