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91st General Assembly
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Public Act 91-0162

SB844 Enrolled                                 LRB9103737MWpr

    AN ACT to amend the Illinois Municipal Code  by  changing
Sections 11-31-1 and 11-31.1-1.

    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 11-31-1 and 11-31.1-1 as follows:

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

    (65 ILCS 5/11-31.1-1) (from Ch. 24, par. 11-31.1-1)
    Sec.  11-31.1-1.  Definitions.  As used in this Division,
unless the context requires otherwise:
    (a)  "Code" means any municipal ordinance,  law,  housing
or   building  code  or  zoning  ordinance  that  establishes
construction, plumbing, heating, electrical, fire prevention,
sanitation or other health  and  safety  standards  that  are
applicable  to  structures in a municipality or any municipal
ordinance that requires, after notice, the cutting of  weeds,
the  removal of garbage and debris, the removal of inoperable
motor vehicles, or the abatement of  nuisances  from  private
property;
    (b)  "Building inspector" means a full time state, county
or  municipal employee whose duties include the inspection or
examination of structures or property in  a  municipality  to
determine if zoning or other code violations exist;
    (c)  "Property owner" means the legal or beneficial owner
of a structure;
    (d)  "Hearing  officer"  means a municipal employee or an
officer or agent of a municipality,  other  than  a  building
inspector or law enforcement officer, whose duty it is to:
         (1)  preside  at an administrative hearing called to
    determine whether or not a code violation exists;
         (2)  hear testimony and  accept  evidence  from  the
    building inspector, the building owner and all interested
    parties relevant to the existence of a code violation;
         (3)  preserve  and  authenticate  the transcript and
    record of the  hearing  and  all  exhibits  and  evidence
    introduced at the hearing;
         (4)  issue  and sign a written finding, decision and
    order stating whether a code violation exists.
(Source: P.A. 89-372, eff. 1-1-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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