Full Text of HB1384 97th General Assembly
HB1384eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 9-2-4.5 as follows: | 6 | | (65 ILCS 5/9-2-4.5) | 7 | | Sec. 9-2-4.5. Special assessment for payment of costs | 8 | | associated with certain ordinance violations. | 9 | | (a) For the purposes of this Section, the term "compliance | 10 | | lien" means: For purposes of this Section, "Code" means any | 11 | | municipal ordinance that requires, after notice, the cutting of | 12 | | grass and weeds, the removal of garbage and debris, the removal | 13 | | of inoperable motor vehicles, and rodent and vermin abatement.
| 14 | | (1) a lien filed under Division 20 of Article 11; | 15 | | (2) a situation in which (i) a property owner is cited | 16 | | with a Code violation under Division 31.1 of Article 11, | 17 | | (ii) non-compliance is found upon reinspection of the | 18 | | property after the due date for compliance with an order to | 19 | | correct the Code violation or with an order for abatement, | 20 | | (iii) costs for services rendered by the municipality to | 21 | | correct the Code violation remain unpaid at the point in | 22 | | time that they would become a debt due and owing the | 23 | | municipality, as provided in Division 31.1 of Article 11, |
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| 1 | | and (iv) a lien has been filed of record by the | 2 | | municipality in the office of the recorder in the county in | 3 | | which the property is located; or | 4 | | (3) a lien filed by the municipality with respect to | 5 | | any unpaid utility bills. | 6 | | (b) In addition to any other method authorized by law, if a | 7 | | compliance lien has been filed against a property (i) a | 8 | | property owner is cited with a Code violation, (ii) | 9 | | non-compliance is found upon reinspection of the property after | 10 | | the due date for compliance with an order to correct the Code | 11 | | violation or with an order for abatement, (iii) costs for | 12 | | services rendered by the municipality to correct the Code | 13 | | violation remain unpaid at the point in time that they would | 14 | | become a debt due and owing the municipality, as provided in | 15 | | Division 31.1 of Article 11 of the Illinois Municipal Code, and | 16 | | (iv) a lien has been filed of record by the municipality in the | 17 | | office of the recorder in the county in which the property is | 18 | | located , then those costs associated with the lien may be | 19 | | treated collected as an existing, judicially-approved a | 20 | | special assessment , as though an assessment warrant had been | 21 | | issued and all conditions precedent had been satisfied. The | 22 | | municipality may collect those costs as a special assessment on | 23 | | the property if it complies with the applicable procedures set | 24 | | forth under Section 9-2-80 through Section 9-2-98. In such | 25 | | cases, the county recorder or other officer of the county in | 26 | | which the municipality is located that has the authority to |
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| 1 | | receive State and county taxes and the court rendering judgment | 2 | | and ordering sale of the delinquent special assessment shall | 3 | | exempt the municipality from the otherwise applicable special | 4 | | assessment warrant and certified assessment roll requirements | 5 | | because the same will be deemed to have occurred by operation | 6 | | of law under this Division . Upon payment of the costs by the | 7 | | owner of record or persons interested in the property, | 8 | | including any cost incurred by the municipality for collecting | 9 | | the costs under this Section, the lien shall be released by the | 10 | | municipality and the release shall be filed of record in the | 11 | | same manner as the filing of notice of the lien.
| 12 | | (Source: P.A. 93-993, eff. 1-1-05.)
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.
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