99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB2435

 

Introduced 2/9/2016, by Sen. David Koehler

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1005  from Ch. 34, par. 5-1005
55 ILCS 5/5-1121
65 ILCS 5/11-31-1  from Ch. 24, par. 11-31-1
65 ILCS 5/11-76-4.3 new

    Amends the Counties Code. Provides that a county may petition the circuit court to have property declared abandoned if the county's petition specifies that the property is not being maintained as shown by the county having to abate a violation more than 3 times within a 12 month period. Provides that a county may transfer an irregular public parcel at no cost to adjoining property owners after receiving no bids after a public auction or no offers after adopting a resolution to sell the irregular public parcel. Defines "irregular public parcel". Amends the Illinois Municipal Code to make similar changes. Effective immediately.


LRB099 17889 AWJ 42251 b

 

 

A BILL FOR

 

SB2435LRB099 17889 AWJ 42251 b

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
5Sections 5-1005 and 5-1121 as follows:
 
6    (55 ILCS 5/5-1005)  (from Ch. 34, par. 5-1005)
7    Sec. 5-1005. Powers. Each county shall have power:
8        1. To purchase and hold the real and personal estate
9    necessary for the uses of the county, and to purchase and
10    hold, for the benefit of the county, real estate sold by
11    virtue of judicial proceedings in which the county is
12    plaintiff.
13        2. To sell and convey or lease any real or personal
14    estate owned by the county.
15        3. To make all contracts and do all other acts in
16    relation to the property and concerns of the county
17    necessary to the exercise of its corporate powers.
18        4. To take all necessary measures and institute
19    proceedings to enforce all laws for the prevention of
20    cruelty to animals.
21        5. To purchase and hold or lease real estate upon which
22    may be erected and maintained buildings to be utilized for
23    purposes of agricultural experiments and to purchase, hold

 

 

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1    and use personal property for the care and maintenance of
2    such real estate in connection with such experimental
3    purposes.
4        6. To cause to be erected, or otherwise provided,
5    suitable buildings for, and maintain a county hospital and
6    necessary branch hospitals and/or a county sheltered care
7    home or county nursing home for the care of such sick,
8    chronically ill or infirm persons as may by law be proper
9    charges upon the county, or upon other governmental units,
10    and to provide for the management of the same. The county
11    board may establish rates to be paid by persons seeking
12    care and treatment in such hospital or home in accordance
13    with their financial ability to meet such charges, either
14    personally or through a hospital plan or hospital
15    insurance, and the rates to be paid by governmental units,
16    including the State, for the care of sick, chronically ill
17    or infirm persons admitted therein upon the request of such
18    governmental units. Any hospital maintained by a county
19    under this Section is authorized to provide any service and
20    enter into any contract or other arrangement not prohibited
21    for a hospital that is licensed under the Hospital
22    Licensing Act, incorporated under the General
23    Not-For-Profit Corporation Act, and exempt from taxation
24    under paragraph (3) of subsection (c) of Section 501 of the
25    Internal Revenue Code.
26        7. To contribute such sums of money toward erecting,

 

 

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1    building, maintaining, and supporting any non-sectarian
2    public hospital located within its limits as the county
3    board of the county shall deem proper.
4        8. To purchase and hold real estate for the
5    preservation of forests, prairies and other natural areas
6    and to maintain and regulate the use thereof.
7        9. To purchase and hold real estate for the purpose of
8    preserving historical spots in the county, to restore,
9    maintain and regulate the use thereof and to donate any
10    historical spot to the State.
11        10. To appropriate funds from the county treasury to be
12    used in any manner to be determined by the board for the
13    suppression, eradication and control of tuberculosis among
14    domestic cattle in such county.
15        11. To take all necessary measures to prevent forest
16    fires and encourage the maintenance and planting of trees
17    and the preservation of forests.
18        12. To authorize the closing on Saturday mornings of
19    all offices of all county officers at the county seat of
20    each county, and to otherwise regulate and fix the days and
21    the hours of opening and closing of such offices, except
22    when the days and the hours of opening and closing of the
23    office of any county officer are otherwise fixed by law;
24    but the power herein conferred shall not apply to the
25    office of State's Attorney and the offices of judges and
26    clerks of courts and, in counties of 500,000 or more

 

 

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1    population, the offices of county clerk.
2        13. To provide for the conservation, preservation and
3    propagation of insectivorous birds through the expenditure
4    of funds provided for such purpose.
5        14. To appropriate funds from the county treasury and
6    expend the same for care and treatment of tuberculosis
7    residents.
8        15. In counties having less than 1,000,000
9    inhabitants, to take all necessary or proper steps for the
10    extermination of mosquitoes, flies or other insects within
11    the county.
12        16. To install an adequate system of accounts and
13    financial records in the offices and divisions of the
14    county, suitable to the needs of the office and in
15    accordance with generally accepted principles of
16    accounting for governmental bodies, which system may
17    include such reports as the county board may determine.
18        17. To purchase and hold real estate for the
19    construction and maintenance of motor vehicle parking
20    facilities for persons using county buildings, but the
21    purchase and use of such real estate shall not be for
22    revenue producing purposes.
23        18. To acquire and hold title to real property located
24    within the county, or partly within and partly outside the
25    county by dedication, purchase, gift, legacy or lease, for
26    park and recreational purposes and to charge reasonable

 

 

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1    fees for the use of or admission to any such park or
2    recreational area and to provide police protection for such
3    park or recreational area. Personnel employed to provide
4    such police protection shall be conservators of the peace
5    within such park or recreational area and shall have power
6    to make arrests on view of the offense or upon warrants for
7    violation of any of the ordinances governing such park or
8    recreational area or for any breach of the peace in the
9    same manner as the police in municipalities organized and
10    existing under the general laws of the State. All such real
11    property outside the county shall be contiguous to the
12    county and within the boundaries of the State of Illinois.
13        19. To appropriate funds from the county treasury to be
14    used to provide supportive social services designed to
15    prevent the unnecessary institutionalization of elderly
16    residents, or, for operation of, and equipment for, senior
17    citizen centers providing social services to elderly
18    residents.
19        20. To appropriate funds from the county treasury and
20    loan such funds to a county water commission created under
21    the "Water Commission Act", approved June 30, 1984, as now
22    or hereafter amended, in such amounts and upon such terms
23    as the county may determine or the county and the
24    commission may agree. The county shall not under any
25    circumstances be obligated to make such loans. The county
26    shall not be required to charge interest on any such loans.

 

 

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1        21. To appropriate and expend funds from the county
2    treasury for economic development purposes, including the
3    making of grants to any other governmental entity or
4    commercial enterprise deemed necessary or desirable for
5    the promotion of economic development in the county.
6        22. To lease space on a telecommunications tower to a
7    public or private entity.
8        23. In counties having a population of 100,000 or less
9    and a public building commission organized by the county
10    seat of the county, to cause to be erected or otherwise
11    provided, and to maintain or cause to be maintained,
12    suitable facilities to house students pursuing a
13    post-secondary education at an academic institution
14    located within the county. The county may provide for the
15    management of the facilities.
16        24. To sell or convey irregular public parcels by
17    ordinance or resolution as provided under Sections 11-76-2
18    and 11-76-4.3 of the Illinois Municipal Code. "Irregular
19    public parcel" means a parcel of vacant land of limited or
20    narrow size or configurations; parcels of irregular size or
21    shape that would be difficult to develop on a planned basis
22    and in a manner compatible with contemporary standards and
23    requirements; or platting that failed to create
24    rights-of-ways for streets or alleys or that created
25    inadequate right-of-way widths for streets, alleys, or
26    other public rights-of-way or that omitted easements for

 

 

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1    public utilities that is owned by a municipality.
2    All contracts for the purchase of coal under this Section
3shall be subject to the provisions of "An Act concerning the
4use of Illinois mined coal in certain plants and institutions",
5filed July 13, 1937, as amended.
6(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
796-622, eff. 8-24-09.)
 
8    (55 ILCS 5/5-1121)
9    Sec. 5-1121. Demolition, repair, or enclosure.
10    (a) The county board of each county may demolish, repair,
11or enclose or cause the demolition, repair, or enclosure of
12dangerous and unsafe buildings or uncompleted and abandoned
13buildings within the territory of the county, but outside the
14territory of any municipality, and may remove or cause the
15removal of garbage, debris, and other hazardous, noxious, or
16unhealthy substances or materials from those buildings. If a
17township within the county makes a formal request to the county
18board as provided in Section 85-50 of the Township Code that
19the county board commence specified proceedings under this
20Section with respect to property located within the township
21but outside the territory of any municipality, then, at the
22next regular county board meeting occurring at least 10 days
23after the formal request is made to the county board, the
24county board shall either commence the requested proceedings or
25decline 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 petition specifies:
25            (i) the property contains a dangerous or unsafe
26        building; or

 

 

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

 

 

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1the owner of record enters an appearance in the action, or
2unless any other person having an interest in the property
3files with the court a request to demolish the dangerous or
4unsafe building or to put the building in safe condition.
5    If the owner of record enters an appearance in the action
6within the 30 day period, the court shall vacate its order
7declaring the property abandoned. In that case, the county may
8amend its complaint in order to initiate proceedings under
9subsection (a).
10    If a request to demolish or repair the building is filed
11within the 30 day period, the court shall grant permission to
12the requesting party to demolish the building within 30 days or
13to restore the building to safe condition within 60 days after
14the request is granted. An extension of that period for up to
1560 additional days may be given for good cause. If more than
16one person with an interest in the property files a timely
17request, preference shall be given to the person with the lien
18or other interest of the highest priority.
19    If the requesting party proves to the court that the
20building has been demolished or put in a safe condition within
21the period of time granted by the court, the court shall issue
22a quitclaim judicial deed for the property to the requesting
23party, conveying only the interest of the owner of record, upon
24proof of payment to the county of all costs incurred by the
25county in connection with the action, including but not limited
26to court costs, attorney's fees, administrative costs, the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1by the county; (iv) a statement by the official responsible for
2enforcing the building code that the building was open and
3vacant and constituted an immediate and continuing hazard to
4the community; (v) a statement by the official that the
5required sign was posted on the building, that notice was sent
6by certified mail to the owners of record, and that notice was
7published in accordance with this subsection; and (vi) a
8statement as to when and where the notice was published. The
9lien authorized by this subsection may thereafter be released
10or enforced by the county as provided in subsection (a).
11    (e) In any case where a county has obtained a lien under
12subsection (a), the county may also bring an action for a money
13judgment against the owner or owners of the real estate in the
14amount of the lien in the same manner as provided for bringing
15causes of action in Article II of the Code of Civil Procedure
16and, upon obtaining a judgment, file a judgment lien against
17all of the real estate of the owner or owners and enforce that
18lien as provided for in Article XII of the Code of Civil
19Procedure.
20(Source: P.A. 97-549, eff. 8-25-11; 98-138, eff. 8-2-13.)
 
21    Section 10. The Illinois Municipal Code is amended by
22changing Section 11-31-1 and by adding Section 11-76-4.3 as
23follows:
 
24    (65 ILCS 5/11-31-1)  (from Ch. 24, par. 11-31-1)

 

 

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1    Sec. 11-31-1. Demolition, repair, enclosure, or
2remediation.
3    (a) The corporate authorities of each municipality may
4demolish, repair, or enclose or cause the demolition, repair,
5or enclosure of dangerous and unsafe buildings or uncompleted
6and abandoned buildings within the territory of the
7municipality and may remove or cause the removal of garbage,
8debris, and other hazardous, noxious, or unhealthy substances
9or materials from those buildings. In any county having adopted
10by referendum or otherwise a county health department as
11provided by Division 5-25 of the Counties Code or its
12predecessor, the county board of that county may exercise those
13powers with regard to dangerous and unsafe buildings or
14uncompleted and abandoned buildings within the territory of any
15city, village, or incorporated town having less than 50,000
16population.
17    The corporate authorities shall apply to the circuit court
18of the county in which the building is located (i) for an order
19authorizing action to be taken with respect to a building if
20the owner or owners of the building, including the lien holders
21of record, after at least 15 days' written notice by mail so to
22do, have failed to put the building in a safe condition or to
23demolish it or (ii) for an order requiring the owner or owners
24of record to demolish, repair, or enclose the building or to
25remove garbage, debris, and other hazardous, noxious, or
26unhealthy substances or materials from the building. It is not

 

 

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

 

 

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

 

 

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1    All liens arising under this subsection (a) shall be
2assignable. The assignee of the lien shall have the same power
3to enforce the lien as the assigning party, except that the
4lien may not be enforced under subsection (c).
5    If the appropriate official of any municipality determines
6that any dangerous and unsafe building or uncompleted and
7abandoned building within its territory fulfills the
8requirements for an action by the municipality under the
9Abandoned Housing Rehabilitation Act, the municipality may
10petition under that Act in a proceeding brought under this
11subsection.
12    (b) Any owner or tenant of real property within 1200 feet
13in any direction of any dangerous or unsafe building located
14within the territory of a municipality with a population of
15500,000 or more may file with the appropriate municipal
16authority a request that the municipality apply to the circuit
17court of the county in which the building is located for an
18order permitting the demolition, removal of garbage, debris,
19and other noxious or unhealthy substances and materials from,
20or repair or enclosure of the building in the manner prescribed
21in subsection (a) of this Section. If the municipality fails to
22institute an action in circuit court within 90 days after the
23filing of the request, the owner or tenant of real property
24within 1200 feet in any direction of the building may institute
25an action in circuit court seeking an order compelling the
26owner or owners of record to demolish, remove garbage, debris,

 

 

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1and other noxious or unhealthy substances and materials from,
2repair or enclose or to cause to be demolished, have garbage,
3debris, and other noxious or unhealthy substances and materials
4removed from, repaired, or enclosed the building in question. A
5private owner or tenant who institutes an action under the
6preceding sentence shall not be required to pay any fee to the
7clerk of the circuit court. The cost of repair, removal,
8demolition, or enclosure shall be borne by the owner or owners
9of record of the building. In the event the owner or owners of
10record fail to demolish, remove garbage, debris, and other
11noxious or unhealthy substances and materials from, repair, or
12enclose the building within 90 days of the date the court
13entered its order, the owner or tenant who instituted the
14action may request that the court join the municipality as a
15party to the action. The court may order the municipality to
16demolish, remove materials from, repair, or enclose the
17building, or cause that action to be taken upon the request of
18any owner or tenant who instituted the action or upon the
19municipality's request. The municipality may file, and the
20court may approve, a plan for rehabilitating the building in
21question. A court order authorizing the municipality to
22demolish, remove materials from, repair, or enclose a building,
23or cause that action to be taken, shall not preclude the court
24from adjudging the owner or owners of record of the building in
25contempt of court due to the failure to comply with the order
26to demolish, remove garbage, debris, and other noxious or

 

 

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1unhealthy substances and materials from, repair, or enclose the
2building.
3    If a municipality or a person or persons other than the
4owner or owners of record pay the cost of demolition, removal
5of garbage, debris, and other noxious or unhealthy substances
6and materials, repair, or enclosure pursuant to a court order,
7the cost, including court costs, attorney's fees, and other
8costs related to the enforcement of this subsection, is
9recoverable from the owner or owners of the real estate and is
10a lien on the real estate; the lien is superior to all prior
11existing liens and encumbrances, except taxes, if, within 180
12days after the repair, removal, demolition, or enclosure, the
13municipality or the person or persons who paid the costs of
14demolition, removal, repair, or enclosure shall file a notice
15of lien of the cost and expense incurred in the office of the
16recorder in the county in which the real estate is located or
17in the office of the registrar of the county if the real estate
18affected is registered under the Registered Titles (Torrens)
19Act. The notice shall be in a form as is provided in subsection
20(a). An owner or tenant who institutes an action in circuit
21court seeking an order to compel the owner or owners of record
22to demolish, remove materials from, repair, or enclose any
23dangerous or unsafe building, or to cause that action to be
24taken under this subsection may recover court costs and
25reasonable attorney's fees for instituting the action from the
26owner or owners of record of the building. Upon payment of the

 

 

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1costs and expenses by the owner of or a person interested in
2the property after the notice of lien has been filed, the lien
3shall be released by the municipality or the person in whose
4name the lien has been filed or his or her assignee, and the
5release may be filed of record as in the case of filing a
6notice of lien. Unless the lien is enforced under subsection
7(c), the lien may be enforced by foreclosure proceedings as in
8the case of mortgage foreclosures under Article XV of the Code
9of Civil Procedure or mechanics' lien foreclosures. An action
10to foreclose this lien may be commenced at any time after the
11date of filing of the notice of lien. The costs of foreclosure
12incurred by the municipality, including court costs,
13reasonable attorneys' fees, advances to preserve the property,
14and other costs related to the enforcement of this subsection,
15plus statutory interest, are a lien on the real estate and are
16recoverable by the municipality from the owner or owners of the
17real estate.
18    All liens arising under the terms of this subsection (b)
19shall be assignable. The assignee of the lien shall have the
20same power to enforce the lien as the assigning party, except
21that the lien may not be enforced under subsection (c).
22    (c) In any case where a municipality has obtained a lien
23under subsection (a), (b), or (f), the municipality may enforce
24the lien under this subsection (c) in the same proceeding in
25which the lien is authorized.
26    A municipality desiring to enforce a lien under this

 

 

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1subsection (c) shall petition the court to retain jurisdiction
2for foreclosure proceedings under this subsection. Notice of
3the petition shall be served, by certified or registered mail,
4on all persons who were served notice under subsection (a),
5(b), or (f). The court shall conduct a hearing on the petition
6not less than 15 days after the notice is served. If the court
7determines that the requirements of this subsection (c) have
8been satisfied, it shall grant the petition and retain
9jurisdiction over the matter until the foreclosure proceeding
10is completed. The costs of foreclosure incurred by the
11municipality, including court costs, reasonable attorneys'
12fees, advances to preserve the property, and other costs
13related to the enforcement of this subsection, plus statutory
14interest, are a lien on the real estate and are recoverable by
15the municipality from the owner or owners of the real estate.
16If the court denies the petition, the municipality may enforce
17the lien in a separate action as provided in subsection (a),
18(b), or (f).
19    All persons designated in Section 15-1501 of the Code of
20Civil Procedure as necessary parties in a mortgage foreclosure
21action shall be joined as parties before issuance of an order
22of foreclosure. Persons designated in Section 15-1501 of the
23Code of Civil Procedure as permissible parties may also be
24joined as parties in the action.
25    The provisions of Article XV of the Code of Civil Procedure
26applicable to mortgage foreclosures shall apply to the

 

 

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1foreclosure of a lien under this subsection (c), except to the
2extent that those provisions are inconsistent with this
3subsection. For purposes of foreclosures of liens under this
4subsection, however, the redemption period described in
5subsection (b) of Section 15-1603 of the Code of Civil
6Procedure shall end 60 days after the date of entry of the
7order of foreclosure.
8    (d) In addition to any other remedy provided by law, the
9corporate authorities of any municipality may petition the
10circuit court to have property declared abandoned under this
11subsection (d) if:
12        (1) the property has been tax delinquent for 2 or more
13    years or bills for water service for the property have been
14    outstanding for 2 or more years;
15        (2) the property is unoccupied by persons legally in
16    possession; and
17        (3) the petition specifies:
18            (i) the property contains a dangerous or unsafe
19        building; or
20            (ii) the property is not being maintained as shown
21        by the municipality having to abate a violation more
22        than 3 times within a 12-month period for reasons
23        specified in the petition.
24    All persons having an interest of record in the property,
25including tax purchasers and beneficial owners of any Illinois
26land trust having title to the property, shall be named as

 

 

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1defendants in the petition and shall be served with process. In
2addition, service shall be had under Section 2-206 of the Code
3of Civil Procedure as in other cases affecting property.
4    The municipality, however, may proceed under this
5subsection in a proceeding brought under subsection (a) or (b).
6Notice of the petition shall be served in person or by
7certified or registered mail on all persons who were served
8notice under subsection (a) or (b).
9    If the municipality proves that the conditions described in
10this subsection exist and (i) the owner of record of the
11property does not enter an appearance in the action, or, if
12title to the property is held by an Illinois land trust, if
13neither the owner of record nor the owner of the beneficial
14interest of the trust enters an appearance, or (ii) if the
15owner of record or the beneficiary of a land trust, if title to
16the property is held by an Illinois land trust, enters an
17appearance and specifically waives his or her rights under this
18subsection (d), the court shall declare the property abandoned.
19Notwithstanding any waiver, the municipality may move to
20dismiss its petition at any time. In addition, any waiver in a
21proceeding under this subsection (d) does not serve as a waiver
22for any other proceeding under law or equity.
23    If that determination is made, notice shall be sent in
24person or by certified or registered mail to all persons having
25an interest of record in the property, including tax purchasers
26and beneficial owners of any Illinois land trust having title

 

 

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1to the property, stating that title to the property will be
2transferred to the municipality unless, within 30 days of the
3notice, the owner of record or any other person having an
4interest in the property files with the court a request to
5demolish the dangerous or unsafe building or to put the
6building in safe condition, or unless the owner of record
7enters an appearance and proves that the owner does not intend
8to abandon the property.
9    If the owner of record enters an appearance in the action
10within the 30 day period, but does not at that time file with
11the court a request to demolish the dangerous or unsafe
12building or to put the building in safe condition, or
13specifically waive his or her rights under this subsection (d),
14the court shall vacate its order declaring the property
15abandoned if it determines that the owner of record does not
16intend to abandon the property. In that case, the municipality
17may amend its complaint in order to initiate proceedings under
18subsection (a), or it may request that the court order the
19owner to demolish the building or repair the dangerous or
20unsafe conditions of the building alleged in the petition or
21seek the appointment of a receiver or other equitable relief to
22correct the conditions at the property. The powers and rights
23of a receiver appointed under this subsection (d) shall include
24all of the powers and rights of a receiver appointed under
25Section 11-31-2 of this Code.
26    If a request to demolish or repair the building is filed

 

 

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1within the 30 day period, the court shall grant permission to
2the requesting party to demolish the building within 30 days or
3to restore the building to safe condition within 60 days after
4the request is granted. An extension of that period for up to
560 additional days may be given for good cause. If more than
6one person with an interest in the property files a timely
7request, preference shall be given to the owner of record if
8the owner filed a request or, if the owner did not, the person
9with the lien or other interest of the highest priority.
10    If the requesting party (other than the owner of record)
11proves to the court that the building has been demolished or
12put in a safe condition in accordance with the local safety
13codes within the period of time granted by the court, the court
14shall issue a quitclaim judicial deed for the property to the
15requesting party, conveying only the interest of the owner of
16record, upon proof of payment to the municipality of all costs
17incurred by the municipality in connection with the action,
18including but not limited to court costs, attorney's fees,
19administrative costs, the costs, if any, associated with
20building enclosure or removal, and receiver's certificates.
21The interest in the property so conveyed shall be subject to
22all liens and encumbrances on the property. In addition, if the
23interest is conveyed to a person holding a certificate of
24purchase for the property under the Property Tax Code, the
25conveyance shall be subject to the rights of redemption of all
26persons entitled to redeem under that Act, including the

 

 

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1original owner of record. If the requesting party is the owner
2of record and proves to the court that the building has been
3demolished or put in a safe condition in accordance with the
4local safety codes within the period of time granted by the
5court, the court shall dismiss the proceeding under this
6subsection (d).
7    If the owner of record has not entered an appearance and
8proven that the owner did not intend to abandon the property,
9and if no person with an interest in the property files a
10timely request or if the requesting party fails to demolish the
11building or put the building in safe condition within the time
12specified by the court, the municipality may petition the court
13to issue a judicial deed for the property to the municipality.
14A conveyance by judicial deed shall operate to extinguish all
15existing ownership interests in, liens on, and other interest
16in the property, including tax liens, and shall extinguish the
17rights and interests of any and all holders of a bona fide
18certificate of purchase of the property for delinquent taxes.
19Any such bona fide certificate of purchase holder shall be
20entitled to a sale in error as prescribed under Section 21-310
21of the Property Tax Code.
22    (e) Each municipality may use the provisions of this
23subsection to expedite the removal of certain buildings that
24are a continuing hazard to the community in which they are
25located.
26    If a residential or commercial building is 3 stories or

 

 

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1less in height as defined by the municipality's building code,
2and the corporate official designated to be in charge of
3enforcing the municipality's building code determines that the
4building is open and vacant and an immediate and continuing
5hazard to the community in which the building is located, then
6the official shall be authorized to post a notice not less than
72 feet by 2 feet in size on the front of the building. The
8notice shall be dated as of the date of the posting and shall
9state that unless the building is demolished, repaired, or
10enclosed, and unless any garbage, debris, and other hazardous,
11noxious, or unhealthy substances or materials are removed so
12that an immediate and continuing hazard to the community no
13longer exists, then the building may be demolished, repaired,
14or enclosed, or any garbage, debris, and other hazardous,
15noxious, or unhealthy substances or materials may be removed,
16by the municipality.
17    Not later than 30 days following the posting of the notice,
18the municipality shall do all of the following:
19        (1) Cause to be sent, by certified mail, return receipt
20    requested, a Notice to Remediate to all owners of record of
21    the property, the beneficial owners of any Illinois land
22    trust having title to the property, and all lienholders of
23    record in the property, stating the intent of the
24    municipality to demolish, repair, or enclose the building
25    or remove any garbage, debris, or other hazardous, noxious,
26    or unhealthy substances or materials if that action is not

 

 

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1    taken by the owner or owners.
2        (2) Cause to be published, in a newspaper published or
3    circulated in the municipality where the building is
4    located, a notice setting forth (i) the permanent tax index
5    number and the address of the building, (ii) a statement
6    that the property is open and vacant and constitutes an
7    immediate and continuing hazard to the community, and (iii)
8    a statement that the municipality intends to demolish,
9    repair, or enclose the building or remove any garbage,
10    debris, or other hazardous, noxious, or unhealthy
11    substances or materials if the owner or owners or
12    lienholders of record fail to do so. This notice shall be
13    published for 3 consecutive days.
14        (3) Cause to be recorded the Notice to Remediate mailed
15    under paragraph (1) in the office of the recorder in the
16    county in which the real estate is located or in the office
17    of the registrar of titles of the county if the real estate
18    is registered under the Registered Title (Torrens) Act.
19    Any person or persons with a current legal or equitable
20interest in the property objecting to the proposed actions of
21the corporate authorities may file his or her objection in an
22appropriate form in a court of competent jurisdiction.
23    If the building is not demolished, repaired, or enclosed,
24or the garbage, debris, or other hazardous, noxious, or
25unhealthy substances or materials are not removed, within 30
26days of mailing the notice to the owners of record, the

 

 

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1beneficial owners of any Illinois land trust having title to
2the property, and all lienholders of record in the property, or
3within 30 days of the last day of publication of the notice,
4whichever is later, the corporate authorities shall have the
5power to demolish, repair, or enclose the building or to remove
6any garbage, debris, or other hazardous, noxious, or unhealthy
7substances or materials.
8    The municipality may proceed to demolish, repair, or
9enclose a building or remove any garbage, debris, or other
10hazardous, noxious, or unhealthy substances or materials under
11this subsection within a 120-day period following the date of
12the mailing of the notice if the appropriate official
13determines that the demolition, repair, enclosure, or removal
14of any garbage, debris, or other hazardous, noxious, or
15unhealthy substances or materials is necessary to remedy the
16immediate and continuing hazard. If, however, before the
17municipality proceeds with any of the actions authorized by
18this subsection, any person with a legal or equitable interest
19in the property has sought a hearing under this subsection
20before a court and has served a copy of the complaint on the
21chief executive officer of the municipality, then the
22municipality shall not proceed with the demolition, repair,
23enclosure, or removal of garbage, debris, or other substances
24until the court determines that that action is necessary to
25remedy the hazard and issues an order authorizing the
26municipality to do so. If the court dismisses the action for

 

 

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1want of prosecution, the municipality must send the objector a
2copy of the dismissal order and a letter stating that the
3demolition, repair, enclosure, or removal of garbage, debris,
4or other substances will proceed unless, within 30 days after
5the copy of the order and the letter are mailed, the objector
6moves to vacate the dismissal and serves a copy of the motion
7on the chief executive officer of the municipality.
8Notwithstanding any other law to the contrary, if the objector
9does not file a motion and give the required notice, if the
10motion is denied by the court, or if the action is again
11dismissed for want of prosecution, then the dismissal is with
12prejudice and the demolition, repair, enclosure, or removal may
13proceed forthwith.
14    Following the demolition, repair, or enclosure of a
15building, or the removal of garbage, debris, or other
16hazardous, noxious, or unhealthy substances or materials under
17this subsection, the municipality may file a notice of lien
18against the real estate for the cost of the demolition, repair,
19enclosure, or removal within 180 days after the repair,
20demolition, enclosure, or removal occurred, for the cost and
21expense incurred, in the office of the recorder in the county
22in which the real estate is located or in the office of the
23registrar of titles of the county if the real estate affected
24is registered under the Registered Titles (Torrens) Act; this
25lien has priority over the interests of those parties named in
26the Notice to Remediate mailed under paragraph (1), but not

 

 

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1over the interests of third party purchasers or encumbrancers
2for value who obtained their interests in the property before
3obtaining actual or constructive notice of the lien. The notice
4of lien shall consist of a sworn statement setting forth (i) a
5description of the real estate, such as the address or other
6description of the property, sufficient for its
7identification; (ii) the expenses incurred by the municipality
8in undertaking the remedial actions authorized under this
9subsection; (iii) the date or dates the expenses were incurred
10by the municipality; (iv) a statement by the corporate official
11responsible for enforcing the building code that the building
12was open and vacant and constituted an immediate and continuing
13hazard to the community; (v) a statement by the corporate
14official that the required sign was posted on the building,
15that notice was sent by certified mail to the owners of record,
16and that notice was published in accordance with this
17subsection; and (vi) a statement as to when and where the
18notice was published. The lien authorized by this subsection
19may thereafter be released or enforced by the municipality as
20provided in subsection (a).
21    (f) The corporate authorities of each municipality may
22remove or cause the removal of, or otherwise environmentally
23remediate hazardous substances and petroleum products on, in,
24or under any abandoned and unsafe property within the territory
25of a municipality. In addition, where preliminary evidence
26indicates the presence or likely presence of a hazardous

 

 

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1substance or a petroleum product or a release or a substantial
2threat of a release of a hazardous substance or a petroleum
3product on, in, or under the property, the corporate
4authorities of the municipality may inspect the property and
5test for the presence or release of hazardous substances and
6petroleum products. In any county having adopted by referendum
7or otherwise a county health department as provided by Division
85-25 of the Counties Code or its predecessor, the county board
9of that county may exercise the above-described powers with
10regard to property within the territory of any city, village,
11or incorporated town having less than 50,000 population.
12    For purposes of this subsection (f):
13        (1) "property" or "real estate" means all real
14    property, whether or not improved by a structure;
15        (2) "abandoned" means;
16            (A) the property has been tax delinquent for 2 or
17        more years;
18            (B) the property is unoccupied by persons legally
19        in possession; and
20        (3) "unsafe" means property that presents an actual or
21    imminent threat to public health and safety caused by the
22    release of hazardous substances; and
23        (4) "hazardous substances" means the same as in Section
24    3.215 of the Environmental Protection Act.
25    The corporate authorities shall apply to the circuit court
26of the county in which the property is located (i) for an order

 

 

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1allowing the municipality to enter the property and inspect and
2test substances on, in, or under the property; or (ii) for an
3order authorizing the corporate authorities to take action with
4respect to remediation of the property if conditions on the
5property, based on the inspection and testing authorized in
6paragraph (i), indicate the presence of hazardous substances or
7petroleum products. Remediation shall be deemed complete for
8purposes of paragraph (ii) above when the property satisfies
9Tier I, II, or III remediation objectives for the property's
10most recent usage, as established by the Environmental
11Protection Act, and the rules and regulations promulgated
12thereunder. Where, upon diligent search, the identity or
13whereabouts of the owner or owners of the property, including
14the lien holders of record, is not ascertainable, notice mailed
15to the person or persons in whose name the real estate was last
16assessed is sufficient notice under this Section.
17    The court shall grant an order authorizing testing under
18paragraph (i) above upon a showing of preliminary evidence
19indicating the presence or likely presence of a hazardous
20substance or a petroleum product or a release of or a
21substantial threat of a release of a hazardous substance or a
22petroleum product on, in, or under abandoned property. The
23preliminary evidence may include, but is not limited to,
24evidence of prior use, visual site inspection, or records of
25prior environmental investigations. The testing authorized by
26paragraph (i) above shall include any type of investigation

 

 

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1which is necessary for an environmental professional to
2determine the environmental condition of the property,
3including but not limited to performance of soil borings and
4groundwater monitoring. The court shall grant a remediation
5order under paragraph (ii) above where testing of the property
6indicates that it fails to meet the applicable remediation
7objectives. The hearing upon the application to the circuit
8court shall be expedited by the court and shall be given
9precedence over all other suits.
10    The cost of the inspection, testing, or remediation
11incurred by the municipality or by a lien holder of record,
12including court costs, attorney's fees, and other costs related
13to the enforcement of this Section, is a lien on the real
14estate; except that in any instances where a municipality
15incurs costs of inspection and testing but finds no hazardous
16substances or petroleum products on the property that present
17an actual or imminent threat to public health and safety, such
18costs are not recoverable from the owners nor are such costs a
19lien on the real estate. The lien is superior to all prior
20existing liens and encumbrances, except taxes and any lien
21obtained under subsection (a) or (e), if, within 180 days after
22the completion of the inspection, testing, or remediation, the
23municipality or the lien holder of record who incurred the cost
24and expense shall file a notice of lien for the cost and
25expense incurred in the office of the recorder in the county in
26which the real estate is located or in the office of the

 

 

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1registrar of titles of the county if the real estate affected
2is registered under the Registered Titles (Torrens) Act.
3    The notice must consist of a sworn statement setting out
4(i) a description of the real estate sufficient for its
5identification, (ii) the amount of money representing the cost
6and expense incurred, and (iii) the date or dates when the cost
7and expense was incurred by the municipality or the lien holder
8of record. Upon payment of the lien amount by the owner of or
9persons interested in the property after the notice of lien has
10been filed, a release of lien shall be issued by the
11municipality, the person in whose name the lien has been filed,
12or the assignee of the lien, and the release may be filed of
13record as in the case of filing notice of lien.
14    The lien may be enforced under subsection (c) or by
15foreclosure proceedings as in the case of mortgage foreclosures
16under Article XV of the Code of Civil Procedure or mechanics'
17lien foreclosures; provided that where the lien is enforced by
18foreclosure under subsection (c) or under either statute, the
19municipality may not proceed against the other assets of the
20owner or owners of the real estate for any costs that otherwise
21would be recoverable under this Section but that remain
22unsatisfied after foreclosure except where such additional
23recovery is authorized by separate environmental laws. An
24action to foreclose this lien may be commenced at any time
25after the date of filing of the notice of lien. The costs of
26foreclosure incurred by the municipality, including court

 

 

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1costs, reasonable attorney's fees, advances to preserve the
2property, and other costs related to the enforcement of this
3subsection, plus statutory interest, are a lien on the real
4estate.
5    All liens arising under this subsection (f) shall be
6assignable. The assignee of the lien shall have the same power
7to enforce the lien as the assigning party, except that the
8lien may not be enforced under subsection (c).
9    (g) In any case where a municipality has obtained a lien
10under subsection (a), the municipality may also bring an action
11for a money judgment against the owner or owners of the real
12estate in the amount of the lien in the same manner as provided
13for bringing causes of action in Article II of the Code of
14Civil Procedure and, upon obtaining a judgment, file a judgment
15lien against all of the real estate of the owner or owners and
16enforce that lien as provided for in Article XII of the Code of
17Civil Procedure.
18(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
 
19    (65 ILCS 5/11-76-4.3 new)
20    Sec. 11-76-4.3. Irregular parcels; method of sale or
21transfer.
22    (a) For purposes of this Section:
23    "Irregular public parcel" means a parcel of vacant land of
24limited or narrow size or configurations; parcels of irregular
25size or shape that would be difficult to develop on a planned

 

 

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1basis and in a manner compatible with contemporary standards
2and requirements; or platting that failed to create
3rights-of-ways for streets or alleys or that created inadequate
4right-of-way widths for streets, alleys, or other public
5rights-of-way or that omitted easements for public utilities
6that is owned by a municipality.
7    (b) The corporate authorities of a municipality by
8resolution may authorize the sale or public auction of an
9irregular public parcel. The value of the real estate shall be
10determined by a written MAI certified appraisal or by a written
11certified appraisal of a State certified or licensed real
12estate appraiser. The appraisal shall be available for public
13inspection. The resolution may direct the sale to be conducted
14by the staff of the municipality; by listing with local
15licensed real estate agencies, in which case the terms of the
16agent's compensation shall be included in the resolution; or by
17public auction. The resolution shall be published at the first
18opportunity following its passage in a newspaper published in
19the municipality or, if none, then in a newspaper published in
20the county where the municipality is located. The resolution
21shall also contain pertinent information concerning the size,
22use, and zoning of the real estate and the terms of sale. The
23corporate authorities may accept any contract proposal
24determined by them to be in the best interest of the
25municipality by a vote of two-thirds of the corporate
26authorities then holding office.

 

 

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1    (c) If a municipality has either:
2        (1) adopted an ordinance to sell an irregular public
3    parcel under Section 11-76-2 and has received no bid on the
4    irregular public parcel, or
5        (2) adopted a resolution to sell an irregular public
6    parcel under subsection (b) of this Section and has
7    received no offer on an irregular public parcel within 6
8    months after adoption of the resolution,
9then that irregular public parcel may be transferred at no cost
10to any adjoining property owner of the irregular public parcel
11by ordinance of the corporate authorities of the municipality
12by two-thirds vote.
13    (d) When the ordinance to transfer an irregular public
14parcel at no cost has been adopted and passed pursuant to
15subsection (c) of this Section, the mayor or president, and the
16municipal clerk, may convey the irregular public parcel by
17proper deed of conveyance, stating therein the consideration
18therefor, with the seal of the municipality.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.