Full Text of SB1114 101st General Assembly
SB1114sam001 101ST GENERAL ASSEMBLY | Sen. Melinda Bush Filed: 4/4/2019
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| 1 | | AMENDMENT TO SENATE BILL 1114
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1114 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Counties Code is amended by changing | 5 | | Section 5-1121 as follows:
| 6 | | (55 ILCS 5/5-1121)
| 7 | | Sec. 5-1121. Demolition, repair, or enclosure.
| 8 | | (a) The county board of each county may
demolish, repair, | 9 | | or enclose or cause the demolition, repair, or enclosure of
| 10 | | dangerous and unsafe buildings or uncompleted and abandoned | 11 | | buildings within
the territory of the county, but outside the | 12 | | territory of any municipality, and
may remove or cause the | 13 | | removal of garbage, debris, and other hazardous,
noxious, or | 14 | | unhealthy substances or materials from those buildings.
If a | 15 | | township within the county makes a formal request to the county | 16 | | board
as provided in Section 85-50 of the Township Code that |
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| 1 | | the county board
commence specified proceedings under this | 2 | | Section with respect to property
located within the township | 3 | | but outside the territory of any municipality,
then, at the | 4 | | next regular county board meeting occurring at least 10 days
| 5 | | after the formal request is made to the county board, the | 6 | | county board shall
either commence the requested proceedings or | 7 | | decline to do so (either
formally or by failing to commence the | 8 | | proceedings within 60 days after the request) and shall notify | 9 | | the township
board making the request of the county board's | 10 | | decision.
In any
county having adopted, by referendum or | 11 | | otherwise, a county health department
as provided by Division | 12 | | 5-25 of the Counties Code or its predecessor, the
county board | 13 | | of any such county may upon a formal request by the city, | 14 | | village,
or incorporated town demolish, repair or cause the | 15 | | demolition or repair of
dangerous and unsafe buildings or | 16 | | uncompleted and abandoned buildings within
the territory of any | 17 | | city, village, or incorporated town having a population of
less | 18 | | than 50,000.
| 19 | | The county board shall apply to the circuit court of the | 20 | | county
in which the building is located (i) for an order | 21 | | authorizing action to
be taken with respect to a building if | 22 | | the owner or owners of the building,
including the lien holders | 23 | | of record, after at least 15 days' written
notice by mail to do | 24 | | so, have failed to commence proceedings to put the
building in | 25 | | a safe
condition or to demolish it or (ii) for an order | 26 | | requiring the owner or
owners of record to demolish, repair, or |
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| 1 | | enclose the building or to remove
garbage, debris, and other | 2 | | hazardous, noxious, or unhealthy substances or
materials from | 3 | | the building. It is not a defense to the cause of action
that | 4 | | the building is boarded up or otherwise enclosed, although the | 5 | | court
may order the defendant to have the building boarded up | 6 | | or otherwise
enclosed. Where, upon diligent search, the | 7 | | identity or whereabouts of the
owner or owners of the building, | 8 | | including the lien holders of record,
is not ascertainable, | 9 | | notice mailed to the person or persons in whose name
the real | 10 | | estate was last assessed and the posting of such notice upon | 11 | | the
premises sought to be demolished or repaired is sufficient | 12 | | notice under this
Section.
| 13 | | The hearing upon the application to the circuit court shall | 14 | | be expedited
by the court and shall be given precedence over | 15 | | all other suits.
| 16 | | The cost of the demolition, repair, enclosure, or removal | 17 | | incurred by
the county, by an intervenor, or by a lien holder | 18 | | of record,
including court costs, attorney's fees, and other | 19 | | costs related to the
enforcement of this Section, is | 20 | | recoverable from the owner or owners of
the real estate or the | 21 | | previous owner or both if the property was transferred
during | 22 | | the 15 day notice period and is a lien on the real estate; the | 23 | | lien is
superior to all prior existing liens and encumbrances, | 24 | | except taxes, if, within
180 days after the repair, demolition, | 25 | | enclosure, or removal, the county,
the lien holder of record, | 26 | | or the intervenor who incurred the cost and expense
shall file |
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| 1 | | a notice of lien for the cost and expense incurred in the | 2 | | office of
the recorder in the county in which the real estate | 3 | | is located or in the office
of the registrar of titles of the | 4 | | county if the real estate affected is
registered under the | 5 | | Registered Titles (Torrens) Act.
| 6 | | The notice must consist of a sworn statement setting out | 7 | | (1) a
description of the real estate sufficient for its | 8 | | identification, (2)
the amount of money representing the cost | 9 | | and expense incurred, and (3) the
date or dates when the cost | 10 | | and expense was incurred by the county,
the lien holder of | 11 | | record, or the intervenor. Upon payment of the cost and
expense | 12 | | by the owner of or persons interested in the property after the
| 13 | | notice of lien has been filed, the lien shall be released by | 14 | | the
county, the person in whose name the lien has been filed, | 15 | | or the
assignee of the lien, and the release may be filed of | 16 | | record as in the case
of filing notice of lien. Unless the lien | 17 | | is enforced under subsection (b),
the lien may be enforced by | 18 | | foreclosure proceedings as in the case of
mortgage foreclosures | 19 | | under Article XV of the Code of Civil Procedure or
mechanics' | 20 | | lien foreclosures. An action to foreclose this lien
may be | 21 | | commenced at any time after the date of filing of the notice of
| 22 | | lien. The costs of foreclosure incurred by the county, | 23 | | including
court costs, reasonable attorney's fees, advances to | 24 | | preserve the property,
and other costs related to the | 25 | | enforcement of this subsection, plus
statutory interest, are a | 26 | | lien on the real estate and are recoverable by
the county from |
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| 1 | | the owner or owners of the real estate.
| 2 | | All liens arising under this subsection (a) shall be | 3 | | assignable.
The assignee of the lien shall have the same power | 4 | | to enforce the lien
as the assigning party, except that the | 5 | | lien may not be
enforced under subsection (b).
| 6 | | If the appropriate official of any county determines that | 7 | | any
dangerous and unsafe building or uncompleted and abandoned | 8 | | building within
its territory fulfills the requirements for an | 9 | | action by the county
under the Abandoned Housing Rehabilitation | 10 | | Act, the county may
petition under that Act in a proceeding | 11 | | brought under this subsection.
| 12 | | (b) In any case where a county has obtained a lien under
| 13 | | subsection (a), the county may enforce the lien under
this | 14 | | subsection (b) in the same proceeding in which the lien is | 15 | | authorized.
| 16 | | A county desiring to enforce a lien under this subsection | 17 | | (b) shall
petition the court to retain jurisdiction for | 18 | | foreclosure proceedings under
this subsection. Notice of the | 19 | | petition shall be served, by certified or
registered mail, on | 20 | | all persons who were served notice under subsection (a).
The | 21 | | court shall conduct a hearing on the petition not less than 15
| 22 | | days after the notice is served. If the court determines that | 23 | | the
requirements of this subsection (b) have been satisfied, it | 24 | | shall grant the
petition and retain jurisdiction over the | 25 | | matter until the foreclosure
proceeding is completed. The costs | 26 | | of foreclosure incurred by the
county, including court costs, |
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| 1 | | reasonable attorneys' fees, advances
to preserve the property, | 2 | | and other costs related to the enforcement of
this subsection, | 3 | | plus statutory interest, are a lien on the real estate and
are | 4 | | recoverable by the county from the owner or owners of the real
| 5 | | estate. If the court denies the petition, the county may | 6 | | enforce the
lien in a separate action as provided in subsection | 7 | | (a).
| 8 | | All persons designated in Section 15-1501 of the Code of | 9 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 10 | | action shall be joined as
parties before issuance of an order | 11 | | of foreclosure. Persons designated
in Section 15-1501 of the | 12 | | Code of Civil Procedure as permissible parties
may also be | 13 | | joined as parties in the action.
| 14 | | The provisions of Article XV of the Code of Civil Procedure | 15 | | applicable to
mortgage foreclosures shall apply to the | 16 | | foreclosure of a lien under
this subsection (b), except to the | 17 | | extent that those provisions are
inconsistent with this | 18 | | subsection. For purposes of foreclosures
of liens under this | 19 | | subsection, however, the redemption period described in
| 20 | | subsection (b) of Section 15-1603 of the Code of Civil | 21 | | Procedure shall end
60 days after the date of entry of the | 22 | | order of foreclosure.
| 23 | | (c) In addition to any other remedy provided by law, the | 24 | | county
board of any county may petition the circuit court to | 25 | | have
property declared abandoned under this subsection (c) if:
| 26 | | (1) the property has been tax delinquent for 2 or more |
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| 1 | | years or bills
for water service for the property have been | 2 | | outstanding for 2 or more years;
| 3 | | (2) the property is unoccupied by persons legally in | 4 | | possession; and
| 5 | | (3) the property contains a dangerous or unsafe | 6 | | building.
| 7 | | All persons having an interest of record in the property, | 8 | | including tax
purchasers and beneficial owners of any Illinois | 9 | | land trust having title to
the property, shall be named as | 10 | | defendants in the petition and shall be
served with process. In | 11 | | addition, service shall be had under Section
2-206 of the Code | 12 | | of Civil Procedure as in other cases affecting property.
| 13 | | The county, however, may proceed under this subsection in a
| 14 | | proceeding brought under subsection (a). Notice of the petition
| 15 | | shall be served by certified or registered mail on all persons | 16 | | who were
served notice under subsection (a).
| 17 | | If the county proves that the conditions described in this
| 18 | | subsection exist and the owner of record of the property does | 19 | | not enter
an appearance in the action, or, if title to the | 20 | | property is held by an
Illinois land trust, if neither the | 21 | | owner of record nor the owner of the
beneficial interest of the | 22 | | trust enters an appearance, the court
shall declare the | 23 | | property abandoned.
| 24 | | If that determination is made, notice shall be sent by | 25 | | certified or
registered mail to all persons having an interest | 26 | | of record in the
property, including tax purchasers and |
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| 1 | | beneficial owners of any Illinois
land trust having title to | 2 | | the property, stating that title to the
property will be | 3 | | transferred to the county unless, within 30 days of
the notice, | 4 | | the owner of record enters an appearance in the action, or
| 5 | | unless any other person having an interest in the property | 6 | | files with the
court a request to demolish the dangerous or | 7 | | unsafe building or to put the
building in safe condition.
| 8 | | If the owner of record enters an appearance in the action | 9 | | within the 30
day period, the court shall vacate its order | 10 | | declaring the property
abandoned. In that case, the county may | 11 | | amend its complaint in order
to initiate proceedings under | 12 | | subsection (a).
| 13 | | If a request to demolish or repair the building is filed | 14 | | within the 30
day period, the court shall grant permission to | 15 | | the requesting party to
demolish the building within 30 days or | 16 | | to restore the building to safe
condition within 60 days after | 17 | | the request is granted. An extension of
that period for up to | 18 | | 60 additional days may be given for good cause. If
more than | 19 | | one person with an interest in the property files a timely
| 20 | | request, preference shall be given to the person with the lien | 21 | | or other
interest of the highest priority.
| 22 | | If the requesting party proves to the court that the | 23 | | building has been
demolished or put in a safe condition within | 24 | | the period of time granted by
the court, the court shall issue | 25 | | a quitclaim judicial deed for the
property to the requesting | 26 | | party, conveying only the interest of the owner
of record, upon |
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| 1 | | proof of payment to the county of all costs incurred
by the | 2 | | county in connection with the action, including but not
limited | 3 | | to court costs, attorney's fees, administrative costs, the
| 4 | | costs, if any, associated with building enclosure or removal, | 5 | | and receiver's
certificates. The interest in the property so | 6 | | conveyed shall be subject to
all liens and encumbrances on the | 7 | | property. In addition, if the interest is
conveyed to a person | 8 | | holding a certificate of purchase for the property
under the | 9 | | Property Tax Code, the conveyance shall
be subject to the | 10 | | rights of redemption of all persons entitled to redeem under
| 11 | | that Act, including the original owner of record.
| 12 | | If no person with an interest in the property files a | 13 | | timely request or
if the requesting party fails to demolish the | 14 | | building or put the building
in safe condition within the time | 15 | | specified by the court, the county
may petition the court to | 16 | | issue a judicial deed for the property to the
county. A | 17 | | conveyance by judicial deed shall operate to extinguish
all | 18 | | existing ownership interests in, liens on, and other interest | 19 | | in the
property, including tax liens.
| 20 | | (d) Each county may use the provisions of this subsection | 21 | | to expedite the
removal of certain buildings that are a | 22 | | continuing hazard to the community in
which they are located.
| 23 | | If the official designated to be
in charge of enforcing the | 24 | | county's building code determines that a
building is open and | 25 | | vacant and an immediate and continuing hazard to the
community | 26 | | in which the building is located, then the official shall be
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| 1 | | authorized to post a notice not less than 2 feet by 2 feet in | 2 | | size on the
front of the building. The notice shall be dated as | 3 | | of the date of the
posting and shall state that unless the | 4 | | building is demolished, repaired,
or enclosed, and unless any | 5 | | garbage, debris, and other hazardous, noxious,
or unhealthy | 6 | | substances or materials are removed so that an immediate and
| 7 | | continuing hazard to the community no longer exists, then the | 8 | | building may
be demolished, repaired, or enclosed, or any | 9 | | garbage, debris, and other
hazardous, noxious, or unhealthy | 10 | | substances or materials may be removed, by
the county.
| 11 | | Not later than 30 days following the posting of the notice, | 12 | | the
county shall do both of the following:
| 13 | | (1) Cause to be sent, by certified mail, return receipt | 14 | | requested,
a notice to all owners of
record of the | 15 | | property, the beneficial owners of any Illinois land trust
| 16 | | having title to the property, and all lienholders of record | 17 | | in the property,
stating the intent of the county to | 18 | | demolish,
repair, or enclose the building or remove any | 19 | | garbage, debris, or other
hazardous, noxious, or unhealthy | 20 | | substances or materials if that action is
not taken by the | 21 | | owner or owners.
| 22 | | (2) Cause to be published, in a newspaper published or | 23 | | circulated in the
county where the building is located, a | 24 | | notice setting forth (i)
the permanent tax index number and | 25 | | the address of the building, (ii) a
statement that the | 26 | | property is open and vacant and constitutes an immediate |
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| 1 | | and
continuing hazard to the community, and (iii) a | 2 | | statement that the county
intends to demolish, repair, or | 3 | | enclose the building or remove any garbage,
debris, or | 4 | | other hazardous, noxious, or unhealthy substances or | 5 | | materials if
the owner or owners or lienholders of record | 6 | | fail to do so. This notice shall
be published for 3 | 7 | | consecutive days.
| 8 | | A person objecting to the proposed actions of the county | 9 | | board may
file his or her objection in an appropriate form in a | 10 | | court of competent
jurisdiction.
| 11 | | If the building is not demolished, repaired, or enclosed, | 12 | | or the garbage,
debris, or other hazardous, noxious, or | 13 | | unhealthy substances or materials are
not removed, within 30 | 14 | | days of mailing the notice to the owners of record,
the | 15 | | beneficial owners of any Illinois land trust having title to | 16 | | the
property, and all lienholders of record in the property, or
| 17 | | within 30 days of the last day of publication of the notice, | 18 | | whichever is
later, the county board shall have the power to | 19 | | demolish, repair, or
enclose the building or to remove any | 20 | | garbage, debris, or other hazardous,
noxious, or unhealthy | 21 | | substances or materials.
| 22 | | The county may proceed to demolish, repair, or enclose a | 23 | | building
or remove any garbage, debris, or other hazardous, | 24 | | noxious, or unhealthy
substances or materials under this | 25 | | subsection within a 120-day period
following the date of the | 26 | | mailing of the notice if the appropriate official
determines |
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| 1 | | that the demolition, repair, enclosure, or removal of any | 2 | | garbage,
debris, or other hazardous, noxious, or unhealthy | 3 | | substances or materials is
necessary to remedy the immediate | 4 | | and continuing hazard. If, however, before
the county proceeds | 5 | | with any of the actions authorized by this
subsection, any | 6 | | person has sought a hearing under this subsection before a
| 7 | | court and has served a copy of the complaint on the chief | 8 | | executive officer of
the county, then the county shall not | 9 | | proceed with the demolition,
repair, enclosure, or removal of | 10 | | garbage, debris, or other substances until the
court determines | 11 | | that that action is necessary to remedy the hazard and issues
| 12 | | an order authorizing the county to do so.
| 13 | | Following the demolition, repair, or enclosure of a | 14 | | building, or the
removal of garbage, debris, or other | 15 | | hazardous, noxious, or unhealthy
substances or materials under | 16 | | this subsection, the county may file a
notice of lien against | 17 | | the real estate for the cost of the demolition,
repair, | 18 | | enclosure, or removal within 180 days after the repair, | 19 | | demolition,
enclosure, or removal occurred, for the cost and | 20 | | expense incurred, in the
office of the recorder in the county | 21 | | in which the real estate is located or
in the office of the | 22 | | registrar of titles of the county if the real estate
affected | 23 | | is registered under the Registered Titles (Torrens) Act. The
| 24 | | notice of lien shall consist of a sworn statement setting forth | 25 | | (i) a
description of the real estate, such as the address or | 26 | | other description of
the property, sufficient for its |
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| 1 | | identification; (ii) the expenses incurred
by the county in | 2 | | undertaking the remedial actions authorized under
this | 3 | | subsection; (iii) the date or dates the expenses were incurred | 4 | | by
the county; (iv) a statement by the official
responsible for | 5 | | enforcing the building code that the building was open and
| 6 | | vacant and constituted an immediate and continuing hazard
to | 7 | | the community; (v) a statement by the official that the
| 8 | | required sign was posted on the building, that notice was sent | 9 | | by certified
mail to the owners of record, and that notice was | 10 | | published in accordance
with this subsection; and (vi) a | 11 | | statement as to when and where the notice
was published. The | 12 | | lien authorized by this subsection may thereafter be
released | 13 | | or enforced by the county as provided in subsection (a).
| 14 | | (e) In any case where a county has obtained a lien under | 15 | | subsection (a),
the county may also bring an action for a money | 16 | | judgment against the owner or
owners of the real estate in the | 17 | | amount of the lien in the same manner as
provided for bringing | 18 | | causes of action in Article II of the Code of Civil
Procedure | 19 | | and, upon obtaining a judgment, file a judgment lien against | 20 | | all of
the real estate of the owner or owners and enforce that | 21 | | lien as provided for in
Article XII of the Code of Civil | 22 | | Procedure. | 23 | | (f) In addition to any other remedy provided by law, if a | 24 | | county finds that within a residential property of 1 acre or | 25 | | less there is an accumulation or concentration of: garbage; | 26 | | organic materials in an active state of decomposition |
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| 1 | | including, but not limited to, carcasses, food waste, or other | 2 | | spoiled or rotting materials; human or animal waste; debris; or | 3 | | other hazardous, noxious, or unhealthy substances or | 4 | | materials, which present an immediate threat to the public | 5 | | health or safety or the health and safety of the occupants of | 6 | | the property, the county may, without any administrative | 7 | | procedure to bond, petition the court for immediate injunctive | 8 | | relief to abate or cause the abatement of the condition that is | 9 | | causing the threat to health or safety, including an order | 10 | | causing the removal of any unhealthy or unsafe accumulations or | 11 | | concentrations of the material or items listed in this | 12 | | subsection from the structure or property. The county shall | 13 | | file with the circuit court in which the property is located a | 14 | | petition for an order authorizing the abatement of the | 15 | | condition that is causing the threat to health or safety. A | 16 | | hearing on the petition shall be set within 5 days, not | 17 | | including weekends or holidays, from the date of filing. To | 18 | | provide notice of such hearing, the county shall make every | 19 | | effort to serve the property's owners of record with the | 20 | | petition and summons and, if such service cannot be had, shall | 21 | | provide an affidavit to the court at the hearing showing the | 22 | | service could not be had and the efforts taken to locate and | 23 | | serve the owners of record. The county shall also post a sign | 24 | | at the property notifying all persons of the court proceeding. | 25 | | Following the abatement actions, the county may file a notice | 26 | | of lien for the cost and expense of actions taken under this |
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| 1 | | subsection as provided in subsection (a).
| 2 | | (Source: P.A. 97-549, eff. 8-25-11; 98-138, eff. 8-2-13.)".
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