98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1020

 

Introduced , by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1121

    Amends the Counties Code. In a Section concerning the expedited removal of certain buildings that are a continuing hazard to the community in which they are located, repeals the requirement for a building to be residential and 2 stories or less in height. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by changing Section
55-1121 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
17the county board commence specified proceedings under this
18Section with respect to property located within the township
19but outside the territory of any municipality, then, at the
20next regular county board meeting occurring at least 10 days
21after the formal request is made to the county board, the
22county board shall either commence the requested proceedings or
23decline to do so (either formally or by failing to commence the

 

 

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1proceedings within 60 days after the request) and shall notify
2the township board making the request of the county board's
3decision. In any county having adopted, by referendum or
4otherwise, a county health department as provided by Division
55-25 of the Counties Code or its predecessor, the county board
6of any such county may upon a formal request by the city,
7village, or incorporated town demolish, repair or cause the
8demolition or repair of dangerous and unsafe buildings or
9uncompleted and abandoned buildings within the territory of any
10city, village, or incorporated town having a population of less
11than 50,000.
12    The county board shall apply to the circuit court of the
13county in which the building is located (i) for an order
14authorizing action to be taken with respect to a building if
15the owner or owners of the building, including the lien holders
16of record, after at least 15 days' written notice by mail to do
17so, have failed to commence proceedings to put the building in
18a safe condition or to demolish it or (ii) for an order
19requiring the owner or owners of record to demolish, repair, or
20enclose the building or to remove garbage, debris, and other
21hazardous, noxious, or unhealthy substances or materials from
22the building. It is not a defense to the cause of action that
23the building is boarded up or otherwise enclosed, although the
24court may order the defendant to have the building boarded up
25or otherwise enclosed. Where, upon diligent search, the
26identity or whereabouts of the owner or owners of the building,

 

 

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1including the lien holders of record, is not ascertainable,
2notice mailed to the person or persons in whose name the real
3estate was last assessed and the posting of such notice upon
4the premises sought to be demolished or repaired is sufficient
5notice under this Section.
6    The hearing upon the application to the circuit court shall
7be expedited by the court and shall be given precedence over
8all other suits.
9    The cost of the demolition, repair, enclosure, or removal
10incurred by the county, by an intervenor, or by a lien holder
11of record, including court costs, attorney's fees, and other
12costs related to the enforcement of this Section, is
13recoverable from the owner or owners of the real estate or the
14previous owner or both if the property was transferred during
15the 15 day notice period and is a lien on the real estate; the
16lien is superior to all prior existing liens and encumbrances,
17except taxes, if, within 180 days after the repair, demolition,
18enclosure, or removal, the county, the lien holder of record,
19or the intervenor who incurred the cost and expense shall file
20a notice of lien for the cost and expense incurred in the
21office of the recorder in the county in which the real estate
22is located or in the office of the registrar of titles of the
23county if the real estate affected is registered under the
24Registered Titles (Torrens) Act.
25    The notice must consist of a sworn statement setting out
26(1) a description of the real estate sufficient for its

 

 

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1identification, (2) the amount of money representing the cost
2and expense incurred, and (3) the date or dates when the cost
3and expense was incurred by the county, the lien holder of
4record, or the intervenor. Upon payment of the cost and expense
5by the owner of or persons interested in the property after the
6notice of lien has been filed, the lien shall be released by
7the county, the person in whose name the lien has been filed,
8or the assignee of the lien, and the release may be filed of
9record as in the case of filing notice of lien. Unless the lien
10is enforced under subsection (b), the lien may be enforced by
11foreclosure proceedings as in the case of mortgage foreclosures
12under Article XV of the Code of Civil Procedure or mechanics'
13lien foreclosures. An action to foreclose this lien may be
14commenced at any time after the date of filing of the notice of
15lien. The costs of foreclosure incurred by the county,
16including court costs, reasonable attorney's fees, advances to
17preserve the property, and other costs related to the
18enforcement of this subsection, plus statutory interest, are a
19lien on the real estate and are recoverable by the county from
20the owner or owners of the real estate.
21    All liens arising under this subsection (a) shall be
22assignable. The assignee of the lien shall have the same power
23to enforce the lien as the assigning party, except that the
24lien may not be enforced under subsection (b).
25    If the appropriate official of any county determines that
26any dangerous and unsafe building or uncompleted and abandoned

 

 

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1building within its territory fulfills the requirements for an
2action by the county under the Abandoned Housing Rehabilitation
3Act, the county may petition under that Act in a proceeding
4brought under this subsection.
5    (b) In any case where a county has obtained a lien under
6subsection (a), the county may enforce the lien under this
7subsection (b) in the same proceeding in which the lien is
8authorized.
9    A county desiring to enforce a lien under this subsection
10(b) shall petition the court to retain jurisdiction for
11foreclosure proceedings under this subsection. Notice of the
12petition shall be served, by certified or registered mail, on
13all persons who were served notice under subsection (a). The
14court shall conduct a hearing on the petition not less than 15
15days after the notice is served. If the court determines that
16the requirements of this subsection (b) have been satisfied, it
17shall grant the petition and retain jurisdiction over the
18matter until the foreclosure proceeding is completed. The costs
19of foreclosure incurred by the county, including court costs,
20reasonable attorneys' fees, advances to preserve the property,
21and other costs related to the enforcement of this subsection,
22plus statutory interest, are a lien on the real estate and are
23recoverable by the county from the owner or owners of the real
24estate. If the court denies the petition, the county may
25enforce the lien in a separate action as provided in subsection
26(a).

 

 

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1    All persons designated in Section 15-1501 of the Code of
2Civil Procedure as necessary parties in a mortgage foreclosure
3action shall be joined as parties before issuance of an order
4of foreclosure. Persons designated in Section 15-1501 of the
5Code of Civil Procedure as permissible parties may also be
6joined as parties in the action.
7    The provisions of Article XV of the Code of Civil Procedure
8applicable to mortgage foreclosures shall apply to the
9foreclosure of a lien under this subsection (b), except to the
10extent that those provisions are inconsistent with this
11subsection. For purposes of foreclosures of liens under this
12subsection, however, the redemption period described in
13subsection (b) of Section 15-1603 of the Code of Civil
14Procedure shall end 60 days after the date of entry of the
15order of foreclosure.
16    (c) In addition to any other remedy provided by law, the
17county board of any county may petition the circuit court to
18have property declared abandoned under this subsection (c) if:
19        (1) the property has been tax delinquent for 2 or more
20    years or bills for water service for the property have been
21    outstanding for 2 or more years;
22        (2) the property is unoccupied by persons legally in
23    possession; and
24        (3) the property contains a dangerous or unsafe
25    building.
26    All persons having an interest of record in the property,

 

 

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1including tax purchasers and beneficial owners of any Illinois
2land trust having title to the property, shall be named as
3defendants in the petition and shall be served with process. In
4addition, service shall be had under Section 2-206 of the Code
5of Civil Procedure as in other cases affecting property.
6    The county, however, may proceed under this subsection in a
7proceeding brought under subsection (a). Notice of the petition
8shall be served by certified or registered mail on all persons
9who were served notice under subsection (a).
10    If the county proves that the conditions described in this
11subsection exist and the owner of record of the property does
12not enter an appearance in the action, or, if title to the
13property is held by an Illinois land trust, if neither the
14owner of record nor the owner of the beneficial interest of the
15trust enters an appearance, the court shall declare the
16property abandoned.
17    If that determination is made, notice shall be sent by
18certified or registered mail to all persons having an interest
19of record in the property, including tax purchasers and
20beneficial owners of any Illinois land trust having title to
21the property, stating that title to the property will be
22transferred to the county unless, within 30 days of the notice,
23the owner of record enters an appearance in the action, or
24unless any other person having an interest in the property
25files with the court a request to demolish the dangerous or
26unsafe building or to put the building in safe condition.

 

 

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1    If the owner of record enters an appearance in the action
2within the 30 day period, the court shall vacate its order
3declaring the property abandoned. In that case, the county may
4amend its complaint in order to initiate proceedings under
5subsection (a).
6    If a request to demolish or repair the building is filed
7within the 30 day period, the court shall grant permission to
8the requesting party to demolish the building within 30 days or
9to restore the building to safe condition within 60 days after
10the request is granted. An extension of that period for up to
1160 additional days may be given for good cause. If more than
12one person with an interest in the property files a timely
13request, preference shall be given to the person with the lien
14or other interest of the highest priority.
15    If the requesting party proves to the court that the
16building has been demolished or put in a safe condition within
17the period of time granted by the court, the court shall issue
18a quitclaim judicial deed for the property to the requesting
19party, conveying only the interest of the owner of record, upon
20proof of payment to the county of all costs incurred by the
21county in connection with the action, including but not limited
22to court costs, attorney's fees, administrative costs, the
23costs, if any, associated with building enclosure or removal,
24and receiver's certificates. The interest in the property so
25conveyed shall be subject to all liens and encumbrances on the
26property. In addition, if the interest is conveyed to a person

 

 

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1holding a certificate of purchase for the property under the
2Property Tax Code, the conveyance shall be subject to the
3rights of redemption of all persons entitled to redeem under
4that Act, including the original owner of record.
5    If no person with an interest in the property files a
6timely request or if the requesting party fails to demolish the
7building or put the building in safe condition within the time
8specified by the court, the county may petition the court to
9issue a judicial deed for the property to the county. A
10conveyance by judicial deed shall operate to extinguish all
11existing ownership interests in, liens on, and other interest
12in the property, including tax liens.
13    (d) Each county may use the provisions of this subsection
14to expedite the removal of certain buildings that are a
15continuing hazard to the community in which they are located.
16    If a residential building is 2 stories or less in height as
17defined by the county's building code, and the official
18designated to be in charge of enforcing the county's building
19code determines that a the building is open and vacant and an
20immediate and continuing hazard to the community in which the
21building is located, then the official shall be authorized to
22post a notice not less than 2 feet by 2 feet in size on the
23front of the building. The notice shall be dated as of the date
24of the posting and shall state that unless the building is
25demolished, repaired, or enclosed, and unless any garbage,
26debris, and other hazardous, noxious, or unhealthy substances

 

 

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

 

 

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1    fail to do so. This notice shall be published for 3
2    consecutive days.
3    A person objecting to the proposed actions of the county
4board may file his or her objection in an appropriate form in a
5court of competent jurisdiction.
6    If the building is not demolished, repaired, or enclosed,
7or the garbage, debris, or other hazardous, noxious, or
8unhealthy substances or materials are not removed, within 30
9days of mailing the notice to the owners of record, the
10beneficial owners of any Illinois land trust having title to
11the property, and all lienholders of record in the property, or
12within 30 days of the last day of publication of the notice,
13whichever is later, the county board shall have the power to
14demolish, repair, or enclose the building or to remove any
15garbage, debris, or other hazardous, noxious, or unhealthy
16substances or materials.
17    The county may proceed to demolish, repair, or enclose a
18building or remove any garbage, debris, or other hazardous,
19noxious, or unhealthy substances or materials under this
20subsection within a 120-day period following the date of the
21mailing of the notice if the appropriate official determines
22that the demolition, repair, enclosure, or removal of any
23garbage, debris, or other hazardous, noxious, or unhealthy
24substances or materials is necessary to remedy the immediate
25and continuing hazard. If, however, before the county proceeds
26with any of the actions authorized by this subsection, any

 

 

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1person has sought a hearing under this subsection before a
2court and has served a copy of the complaint on the chief
3executive officer of the county, then the county shall not
4proceed with the demolition, repair, enclosure, or removal of
5garbage, debris, or other substances until the court determines
6that that action is necessary to remedy the hazard and issues
7an order authorizing the county to do so.
8    Following the demolition, repair, or enclosure of a
9building, or the removal of garbage, debris, or other
10hazardous, noxious, or unhealthy substances or materials under
11this subsection, the county may file a notice of lien against
12the real estate for the cost of the demolition, repair,
13enclosure, or removal within 180 days after the repair,
14demolition, enclosure, or removal occurred, for the cost and
15expense incurred, in the office of the recorder in the county
16in which the real estate is located or in the office of the
17registrar of titles of the county if the real estate affected
18is registered under the Registered Titles (Torrens) Act. The
19notice of lien shall consist of a sworn statement setting forth
20(i) a description of the real estate, such as the address or
21other description of the property, sufficient for its
22identification; (ii) the expenses incurred by the county in
23undertaking the remedial actions authorized under this
24subsection; (iii) the date or dates the expenses were incurred
25by the county; (iv) a statement by the official responsible for
26enforcing the building code that the building was open and

 

 

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1vacant and constituted an immediate and continuing hazard to
2the community; (v) a statement by the official that the
3required sign was posted on the building, that notice was sent
4by certified mail to the owners of record, and that notice was
5published in accordance with this subsection; and (vi) a
6statement as to when and where the notice was published. The
7lien authorized by this subsection may thereafter be released
8or enforced by the county as provided in subsection (a).
9    (e) In any case where a county has obtained a lien under
10subsection (a), the county may also bring an action for a money
11judgment against the owner or owners of the real estate in the
12amount of the lien in the same manner as provided for bringing
13causes of action in Article II of the Code of Civil Procedure
14and, upon obtaining a judgment, file a judgment lien against
15all of the real estate of the owner or owners and enforce that
16lien as provided for in Article XII of the Code of Civil
17Procedure.
18(Source: P.A. 97-549, eff. 8-25-11.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.