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Public Act 096-0564


 

Public Act 0564 96TH GENERAL ASSEMBLY



 


 
Public Act 096-0564
 
HB0621 Enrolled LRB096 03501 RLJ 13526 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 Township Code is amended by changing Section
105-15 as follows:
 
    (60 ILCS 1/105-15)
    Sec. 105-15. Weed cutting.
    (a) The township board may provide for the cutting of weeds
or grass, the trimming of trees or bushes, the removal of
nuisance bushes or trees, or the maintenance of a retention
pond or detention pond on any real estate in residential areas
in the township no sooner than 7 days after notifying the owner
or the appropriate property owners association by mail of the
intended weed or grass cutting, bush or tree trimming, nuisance
bush or tree removal, or pond maintenance when the owners of
the real estate refuse or neglect to cut the weeds or grass,
trim the trees or bushes, remove the nuisance bushes or trees,
or maintain the pond. The board may collect from the owners the
reasonable cost of cutting the weeds or grass, trimming the
trees or bushes, removing the nuisance bushes or trees, or
maintaining the pond.
    (b) This cost is a lien upon the real estate affected,
superior to all other liens and encumbrances except tax liens,
if within 60 days after the cost and expense is incurred, the
township or person performing the service by authority of the
township in his or its own name files a notice of lien in the
office of the recorder in the county in which the real estate
is located or in the office of the registrar of titles of the
county if the real estate affected is registered under the
Registered Titles (Torrens) Act. The notice shall consist of a
sworn statement setting out (i) a description of the real
estate sufficient for its identification, (ii) the amount of
money representing the cost and expense incurred or payable for
the service, and (iii) the date or dates when the cost and
expense was incurred by the township. The lien of the township
shall not be valid, however, as to any purchaser whose rights
in and to the real estate have arisen after the weed or grass
cutting, bush or tree trimming, nuisance bush or tree removal,
weed-cutting or pond maintenance and before the filing of the
notice, and the lien of the township shall not be valid as to
any mortgagee, judgment creditor, or other lienholder whose
rights in and to the real estate arise before the filing of the
notice. Upon payment of the cost and expense by the owner of or
persons interested in the property after the notice of lien has
been filed, the lien shall be released by the township or
person in whose name the lien has been filed. The release may
be filed of record as in the case of filing a notice of lien.
    (c) No provision of this Section applies to any nature
preserve or other area that has been designated as a
conservation area.
    (d) In addition to any lien or foreclosure action related
thereto, a township may institute a civil action or proceeding
to recover the amount of money owed for any service performed
pursuant to subsection (a).
(Source: P.A. 87-1194; 88-62.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/18/2009