Rep. David R. Leitch

Filed: 2/22/2011

 

 


 

 


 
09700HB0242ham001LRB097 06393 KMW 50971 a

1
AMENDMENT TO HOUSE BILL 242

2    AMENDMENT NO. ______. Amend House Bill 242 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Counties Code is amended by changing
5Section 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 may demolish, repair,
9or enclose or cause the demolition, repair, or enclosure of
10dangerous and unsafe buildings or uncompleted and abandoned
11buildings within the territory of the county, but outside the
12territory of any municipality, and may remove or cause the
13removal of garbage, debris, and other hazardous, noxious, or
14unhealthy substances or materials from those buildings. If a
15township within the county makes a formal request to the county
16board as provided in Section 85-50 of the Township Code that

 

 

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1the county board commence specified proceedings under this
2Section with respect to property located within the township
3but outside the territory of any municipality, then, at the
4next regular county board meeting occurring at least 10 days
5after the formal request is made to the county board, the
6county board shall either commence the requested proceedings or
7decline to do so (either formally or by failing to commence the
8proceedings within 60 days after act on the request) and shall
9notify the township board making the request of the county
10board's decision. In any county having adopted, by referendum
11or otherwise, a county health department as provided by
12Division 5-25 of the Counties Code or its predecessor, the
13county board of any such county may upon a formal request by
14the city, village, or incorporated town demolish, repair or
15cause the demolition or repair of dangerous and unsafe
16buildings or uncompleted and abandoned buildings within the
17territory of any city, village, or incorporated town having a
18population of less than 50,000.
19    The county board shall apply to the circuit court of the
20county in which the building is located (i) for an order
21authorizing action to be taken with respect to a building if
22the owner or owners of the building, including the lien holders
23of record, after at least 15 days' written notice by mail to do
24so, have failed to commence proceedings to put the building in
25a safe condition or to demolish it or (ii) for an order
26requiring the owner or owners of record to demolish, repair, or

 

 

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1enclose the building or to remove garbage, debris, and other
2hazardous, noxious, or unhealthy substances or materials from
3the building. It is not a defense to the cause of action that
4the building is boarded up or otherwise enclosed, although the
5court may order the defendant to have the building boarded up
6or otherwise enclosed. Where, upon diligent search, the
7identity or whereabouts of the owner or owners of the building,
8including the lien holders of record, is not ascertainable,
9notice mailed to the person or persons in whose name the real
10estate was last assessed and the posting of such notice upon
11the premises sought to be demolished or repaired is sufficient
12notice under this Section.
13    The hearing upon the application to the circuit court shall
14be expedited by the court and shall be given precedence over
15all other suits.
16    The cost of the demolition, repair, enclosure, or removal
17incurred by the county, by an intervenor, or by a lien holder
18of record, including court costs, attorney's fees, and other
19costs related to the enforcement of this Section, is
20recoverable from the owner or owners of the real estate or the
21previous owner or both if the property was transferred during
22the 15 day notice period and is a lien on the real estate; the
23lien is superior to all prior existing liens and encumbrances,
24except taxes, if, within 180 days after the repair, demolition,
25enclosure, or removal, the county, the lien holder of record,
26or the intervenor who incurred the cost and expense shall file

 

 

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1a notice of lien for the cost and expense incurred in the
2office of the recorder in the county in which the real estate
3is located or in the office of the registrar of titles of the
4county if the real estate affected is registered under the
5Registered Titles (Torrens) Act.
6    The notice must consist of a sworn statement setting out
7(1) a description of the real estate sufficient for its
8identification, (2) the amount of money representing the cost
9and expense incurred, and (3) the date or dates when the cost
10and expense was incurred by the county, the lien holder of
11record, or the intervenor. Upon payment of the cost and expense
12by the owner of or persons interested in the property after the
13notice of lien has been filed, the lien shall be released by
14the county, the person in whose name the lien has been filed,
15or the assignee of the lien, and the release may be filed of
16record as in the case of filing notice of lien. Unless the lien
17is enforced under subsection (b), the lien may be enforced by
18foreclosure proceedings as in the case of mortgage foreclosures
19under Article XV of the Code of Civil Procedure or mechanics'
20lien foreclosures. An action to foreclose this lien may be
21commenced at any time after the date of filing of the notice of
22lien. The costs of foreclosure incurred by the county,
23including court costs, reasonable attorney's fees, advances to
24preserve the property, and other costs related to the
25enforcement of this subsection, plus statutory interest, are a
26lien on the real estate and are recoverable by the county from

 

 

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1the owner or owners of the real estate.
2    All liens arising under this subsection (a) shall be
3assignable. The assignee of the lien shall have the same power
4to enforce the lien as the assigning party, except that the
5lien may not be enforced under subsection (b).
6    If the appropriate official of any county determines that
7any dangerous and unsafe building or uncompleted and abandoned
8building within its territory fulfills the requirements for an
9action by the county under the Abandoned Housing Rehabilitation
10Act, the county may petition under that Act in a proceeding
11brought under this subsection.
12    (b) In any case where a county has obtained a lien under
13subsection (a), the county may enforce the lien under this
14subsection (b) in the same proceeding in which the lien is
15authorized.
16    A county desiring to enforce a lien under this subsection
17(b) shall petition the court to retain jurisdiction for
18foreclosure proceedings under this subsection. Notice of the
19petition shall be served, by certified or registered mail, on
20all persons who were served notice under subsection (a). The
21court shall conduct a hearing on the petition not less than 15
22days after the notice is served. If the court determines that
23the requirements of this subsection (b) have been satisfied, it
24shall grant the petition and retain jurisdiction over the
25matter until the foreclosure proceeding is completed. The costs
26of foreclosure incurred by the county, including court costs,

 

 

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1reasonable attorneys' fees, advances to preserve the property,
2and other costs related to the enforcement of this subsection,
3plus statutory interest, are a lien on the real estate and are
4recoverable by the county from the owner or owners of the real
5estate. If the court denies the petition, the county may
6enforce the lien in a separate action as provided in subsection
7(a).
8    All persons designated in Section 15-1501 of the Code of
9Civil Procedure as necessary parties in a mortgage foreclosure
10action shall be joined as parties before issuance of an order
11of foreclosure. Persons designated in Section 15-1501 of the
12Code of Civil Procedure as permissible parties may also be
13joined as parties in the action.
14    The provisions of Article XV of the Code of Civil Procedure
15applicable to mortgage foreclosures shall apply to the
16foreclosure of a lien under this subsection (b), except to the
17extent that those provisions are inconsistent with this
18subsection. For purposes of foreclosures of liens under this
19subsection, however, the redemption period described in
20subsection (b) of Section 15-1603 of the Code of Civil
21Procedure shall end 60 days after the date of entry of the
22order of foreclosure.
23    (c) In addition to any other remedy provided by law, the
24county board of any county may petition the circuit court to
25have property declared abandoned under this subsection (c) if:
26        (1) the property has been tax delinquent for 2 or more

 

 

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1    years or bills for water service for the property have been
2    outstanding for 2 or more years;
3        (2) the property is unoccupied by persons legally in
4    possession; and
5        (3) the property contains a dangerous or unsafe
6    building.
7    All persons having an interest of record in the property,
8including tax purchasers and beneficial owners of any Illinois
9land trust having title to the property, shall be named as
10defendants in the petition and shall be served with process. In
11addition, service shall be had under Section 2-206 of the Code
12of Civil Procedure as in other cases affecting property.
13    The county, however, may proceed under this subsection in a
14proceeding brought under subsection (a). Notice of the petition
15shall be served by certified or registered mail on all persons
16who were served notice under subsection (a).
17    If the county proves that the conditions described in this
18subsection exist and the owner of record of the property does
19not enter an appearance in the action, or, if title to the
20property is held by an Illinois land trust, if neither the
21owner of record nor the owner of the beneficial interest of the
22trust enters an appearance, the court shall declare the
23property abandoned.
24    If that determination is made, notice shall be sent by
25certified or registered mail to all persons having an interest
26of record in the property, including tax purchasers and

 

 

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1beneficial owners of any Illinois land trust having title to
2the property, stating that title to the property will be
3transferred to the county unless, within 30 days of the notice,
4the owner of record enters an appearance in the action, or
5unless any other person having an interest in the property
6files with the court a request to demolish the dangerous or
7unsafe building or to put the building in safe condition.
8    If the owner of record enters an appearance in the action
9within the 30 day period, the court shall vacate its order
10declaring the property abandoned. In that case, the county may
11amend its complaint in order to initiate proceedings under
12subsection (a).
13    If a request to demolish or repair the building is filed
14within the 30 day period, the court shall grant permission to
15the requesting party to demolish the building within 30 days or
16to restore the building to safe condition within 60 days after
17the request is granted. An extension of that period for up to
1860 additional days may be given for good cause. If more than
19one person with an interest in the property files a timely
20request, preference shall be given to the person with the lien
21or other interest of the highest priority.
22    If the requesting party proves to the court that the
23building has been demolished or put in a safe condition within
24the period of time granted by the court, the court shall issue
25a quitclaim judicial deed for the property to the requesting
26party, conveying only the interest of the owner of record, upon

 

 

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1proof of payment to the county of all costs incurred by the
2county in connection with the action, including but not limited
3to court costs, attorney's fees, administrative costs, the
4costs, if any, associated with building enclosure or removal,
5and receiver's certificates. The interest in the property so
6conveyed shall be subject to all liens and encumbrances on the
7property. In addition, if the interest is conveyed to a person
8holding a certificate of purchase for the property under the
9Property Tax Code, the conveyance shall be subject to the
10rights of redemption of all persons entitled to redeem under
11that Act, including the original owner of record.
12    If no person with an interest in the property files a
13timely request or if the requesting party fails to demolish the
14building or put the building in safe condition within the time
15specified by the court, the county may petition the court to
16issue a judicial deed for the property to the county. A
17conveyance by judicial deed shall operate to extinguish all
18existing ownership interests in, liens on, and other interest
19in the property, including tax liens.
20    (d) Each county may use the provisions of this subsection
21to expedite the removal of certain buildings that are a
22continuing hazard to the community in which they are located.
23    If a residential building is 2 stories or less in height as
24defined by the county's building code, and the official
25designated to be in charge of enforcing the county's building
26code determines that the building is open and vacant and an

 

 

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1immediate and continuing hazard to the community in which the
2building is located, then the official shall be authorized to
3post a notice not less than 2 feet by 2 feet in size on the
4front of the building. The notice shall be dated as of the date
5of the posting and shall state that unless the building is
6demolished, repaired, or enclosed, and unless any garbage,
7debris, and other hazardous, noxious, or unhealthy substances
8or materials are removed so that an immediate and continuing
9hazard to the community no longer exists, then the building may
10be demolished, repaired, or enclosed, or any garbage, debris,
11and other hazardous, noxious, or unhealthy substances or
12materials may be removed, by the county.
13    Not later than 30 days following the posting of the notice,
14the county shall do both of the following:
15        (1) Cause to be sent, by certified mail, return receipt
16    requested, a notice to all owners of record of the
17    property, the beneficial owners of any Illinois land trust
18    having title to the property, and all lienholders of record
19    in the property, stating the intent of the county to
20    demolish, repair, or enclose the building or remove any
21    garbage, debris, or other hazardous, noxious, or unhealthy
22    substances or materials if that action is not taken by the
23    owner or owners.
24        (2) Cause to be published, in a newspaper published or
25    circulated in the county where the building is located, a
26    notice setting forth (i) the permanent tax index number and

 

 

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1    the address of the building, (ii) a statement that the
2    property is open and vacant and constitutes an immediate
3    and continuing hazard to the community, and (iii) a
4    statement that the county intends to demolish, repair, or
5    enclose the building or remove any garbage, debris, or
6    other hazardous, noxious, or unhealthy substances or
7    materials if the owner or owners or lienholders of record
8    fail to do so. This notice shall be published for 3
9    consecutive days.
10    A person objecting to the proposed actions of the county
11board may file his or her objection in an appropriate form in a
12court of competent jurisdiction.
13    If the building is not demolished, repaired, or enclosed,
14or the garbage, debris, or other hazardous, noxious, or
15unhealthy substances or materials are not removed, within 30
16days of mailing the notice to the owners of record, the
17beneficial owners of any Illinois land trust having title to
18the property, and all lienholders of record in the property, or
19within 30 days of the last day of publication of the notice,
20whichever is later, the county board shall have the power to
21demolish, repair, or enclose the building or to remove any
22garbage, debris, or other hazardous, noxious, or unhealthy
23substances or materials.
24    The county may proceed to demolish, repair, or enclose a
25building or remove any garbage, debris, or other hazardous,
26noxious, or unhealthy substances or materials under this

 

 

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1subsection within a 120-day period following the date of the
2mailing of the notice if the appropriate official determines
3that the demolition, repair, enclosure, or removal of any
4garbage, debris, or other hazardous, noxious, or unhealthy
5substances or materials is necessary to remedy the immediate
6and continuing hazard. If, however, before the county proceeds
7with any of the actions authorized by this subsection, any
8person has sought a hearing under this subsection before a
9court and has served a copy of the complaint on the chief
10executive officer of the county, then the county shall not
11proceed with the demolition, repair, enclosure, or removal of
12garbage, debris, or other substances until the court determines
13that that action is necessary to remedy the hazard and issues
14an order authorizing the county to do so.
15    Following the demolition, repair, or enclosure of a
16building, or the removal of garbage, debris, or other
17hazardous, noxious, or unhealthy substances or materials under
18this subsection, the county may file a notice of lien against
19the real estate for the cost of the demolition, repair,
20enclosure, or removal within 180 days after the repair,
21demolition, enclosure, or removal occurred, for the cost and
22expense incurred, in the office of the recorder in the county
23in which the real estate is located or in the office of the
24registrar of titles of the county if the real estate affected
25is registered under the Registered Titles (Torrens) Act. The
26notice of lien shall consist of a sworn statement setting forth

 

 

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1(i) a description of the real estate, such as the address or
2other description of the property, sufficient for its
3identification; (ii) the expenses incurred by the county in
4undertaking the remedial actions authorized under this
5subsection; (iii) the date or dates the expenses were incurred
6by the county; (iv) a statement by the official responsible for
7enforcing the building code that the building was open and
8vacant and constituted an immediate and continuing hazard to
9the community; (v) a statement by the official that the
10required sign was posted on the building, that notice was sent
11by certified mail to the owners of record, and that notice was
12published in accordance with this subsection; and (vi) a
13statement as to when and where the notice was published. The
14lien authorized by this subsection may thereafter be released
15or enforced by the county as provided in subsection (a).
16    (e) In any case where a county has obtained a lien under
17subsection (a), the county may also bring an action for a money
18judgment against the owner or owners of the real estate in the
19amount of the lien in the same manner as provided for bringing
20causes of action in Article II of the Code of Civil Procedure
21and, upon obtaining a judgment, file a judgment lien against
22all of the real estate of the owner or owners and enforce that
23lien as provided for in Article XII of the Code of Civil
24Procedure.
25(Source: P.A. 91-533, eff. 8-13-99; 91-561, eff. 1-1-00;
2692-347, eff. 8-15-01.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".