Full Text of SB2052 101st General Assembly
SB2052eng 101ST 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 Local Government Property Transfer Act is | 5 | | amended by changing Sections 1 and 2 as follows:
| 6 | | (50 ILCS 605/1) (from Ch. 30, par. 156)
| 7 | | Sec. 1. When used in this Act:
| 8 | | (a) The term "transferor municipality" shall mean a | 9 | | municipal
corporation transferring real estate or any interest | 10 | | therein, under the
provisions of this Act.
| 11 | | (b) The term "transferee municipality" shall mean a | 12 | | municipal
corporation or 2 or more school districts operating a | 13 | | cooperative or joint educational program pursuant to Section | 14 | | 10-22.31 of the School Code receiving a transfer of real estate | 15 | | or any interest therein
under provisions of this Act.
| 16 | | (c) The term "municipality" whether used by itself or in | 17 | | conjunction
with other words, as in (a) or (b) above, shall | 18 | | mean and include any
municipal corporation or political | 19 | | subdivision organized and existing
under the laws of the State | 20 | | of Illinois and including, but without
limitation, any city, | 21 | | village, or incorporated town, whether organized
under a | 22 | | special charter or under the General Act, or whether operating
| 23 | | under the commission or managerial form of government, county, |
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| 1 | | school
districts, trustees of schools, boards of education, 2 | 2 | | or more school districts operating a cooperative or joint | 3 | | educational program pursuant to Section 10-22.31 of the School | 4 | | Code, sanitary district or
sanitary district
trustees, forest | 5 | | preserve district or forest preserve district
commissioner, | 6 | | park district or park commissioners, airport authority and
| 7 | | township.
| 8 | | (d) The term "restriction" shall mean any condition, | 9 | | limitation,
qualification, reversion, possibility of | 10 | | reversion, covenant, agreement
or restraint of whatever kind or | 11 | | nature, the effect of which is to
restrict the use or ownership | 12 | | of real estate by a municipality as
defined in (c) above.
| 13 | | (e) The term "corporate authorities" shall mean the members | 14 | | of the
legislative body of any municipality as defined in (c) | 15 | | above.
| 16 | | (f) The term "held" or any form thereof, when used in | 17 | | reference to
the interest of a municipality in real estate | 18 | | shall be taken and
construed to refer to and include all of the | 19 | | right, title and interest
of such municipality of whatever kind | 20 | | or nature, in and to such real
estate.
| 21 | | (g) Each of the terms above defined and the terms contained | 22 | | in the
definition of each of said terms shall be taken and | 23 | | construed to include
the plural form thereof.
| 24 | | (h) The term "Local Improvement Act" shall mean an Act of | 25 | | the
General Assembly of the State of Illinois entitled "An Act | 26 | | concerning
local improvements," approved June 14, 1897, and the |
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| 1 | | amendments thereto.
| 2 | | (i) The term "State of Illinois" shall mean the State of | 3 | | Illinois or
any department, commission, board or other agency | 4 | | of the State.
| 5 | | (j) "Public agency" means a municipality or county of the | 6 | | State of Illinois and any combination of municipalities and | 7 | | counties pursuant to an intergovernmental agreement that | 8 | | includes provisions for a governing body of the agency created | 9 | | by the agreement. | 10 | | (Source: P.A. 96-783, eff. 8-28-09.)
| 11 | | (50 ILCS 605/2) (from Ch. 30, par. 157)
| 12 | | Sec. 2. If the territory of any municipality shall be | 13 | | wholly within,
coextensive with, or partly within and partly | 14 | | without the corporate
limits of any other municipality, or if | 15 | | the municipality is a school district
and the territory of the | 16 | | school district is adjacent to the boundaries of
any other | 17 | | school district, and the first mentioned municipality
(herein | 18 | | called "transferee municipality"), shall by ordinance declare
| 19 | | that it is necessary or convenient for it to use, occupy or | 20 | | improve any
real estate held by the last mentioned municipality | 21 | | (herein called the
"transferor municipality") in the making of | 22 | | any public improvement or
for any public purpose, the corporate | 23 | | authorities of the transferor
municipality shall have the power | 24 | | to transfer all of the right, title
and interest held by it | 25 | | immediately prior to such transfer, in and to
such real estate, |
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| 1 | | whether located within or without either or both of
said | 2 | | municipalities, to the transferee municipality upon such terms | 3 | | as
may be agreed upon by the corporate authorities of both | 4 | | municipalities,
in the manner and upon the conditions | 5 | | following:
| 6 | | (a) If such real estate shall be held by the transferor | 7 | | municipality
without restriction, the said municipality shall | 8 | | have power to grant or
convey such real estate or any portion | 9 | | thereof to the transferee
municipality upon such terms as may | 10 | | be agreed upon by the corporate
authorities of both | 11 | | municipalities, by an instrument of conveyance
signed by the | 12 | | mayor, president or other chief executive of the
transferor | 13 | | municipality, attested by its clerk or secretary and sealed
| 14 | | with its corporate seal, all duly authorized by a resolution | 15 | | passed by
the vote of 2/3 of the members of the legislative | 16 | | body of
the transferor municipality then holding office, and | 17 | | duly recorded in
the office of the recorder in the county in | 18 | | which said real
estate is located. Provided, however, that any | 19 | | municipality may, in the
manner above provided, convey real | 20 | | estate to a Public Building
Commission organized and existing | 21 | | pursuant to "An Act to authorize the
creation of Public | 22 | | Building Commissions and to define their rights,
powers and | 23 | | duties", approved July 5, 1955, as
amended, when duly | 24 | | authorized by a majority vote of the members of the
legislative | 25 | | body of such municipality then holding office whenever
| 26 | | provision is made in the conveyance for a reverter of the real |
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| 1 | | estate to
such transferor municipality. The transferee | 2 | | municipality shall
thereafter have the right to use, occupy or | 3 | | improve the real estate so
transferred for any municipal or | 4 | | public purpose and shall hold said real
estate by the same | 5 | | right, title and interest by which the transferor
municipality | 6 | | held said real estate immediately prior to said transfer.
| 7 | | (b) If any such real estate shall be held by the transferor
| 8 | | municipality subject to or limited by any restriction, and the
| 9 | | transferee municipality shall desire the use, occupation or | 10 | | improvement
thereof free from said restriction, the transferor | 11 | | municipality (or the
transferee municipality, in the name of | 12 | | and for and on behalf of the
transferor municipality, but | 13 | | without subjecting the transferor
municipality to any expense | 14 | | without the consent of its corporate
authorities), shall have | 15 | | the power to secure from its grantor, or
grantors, their heirs, | 16 | | successors, assigns, or others, a release of any
or all of such | 17 | | restrictions upon such terms as may be agreed upon
between | 18 | | either of said municipalities and the person or persons | 19 | | entitled
to the benefit of said restrictions. Upon the | 20 | | recording of any such
release the transferor municipality shall | 21 | | then have the powers granted
in paragraph (a) of this Section.
| 22 | | (c) If either the transferor municipality or the transferee
| 23 | | municipality shall be unable to secure a release of any | 24 | | restriction as
above provided, the transferor municipality (or | 25 | | the transferee
municipality in the name of and for and in | 26 | | behalf of the transferor
municipality, but without subjecting |
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| 1 | | the transferor municipality to any
expense without the consent | 2 | | of its corporate authorities), shall have
the power to file in | 3 | | any circuit court a petition for the purpose of
removing or | 4 | | releasing said restriction and determining the compensation,
| 5 | | if any, to be paid in consequence thereof to the owner or | 6 | | owners of said
real estate, for any right, title or interest | 7 | | which they or any of them
may or might have in and to any such | 8 | | real estate arising out of said
restriction. If any | 9 | | compensation shall be awarded, the same shall be
measured by | 10 | | the actual damage, if any, to the owner or owners of said
real | 11 | | estate, resulting from the removal or release of said | 12 | | restriction,
and shall be determined as of the date of the | 13 | | filing of said petition.
Upon the payment of such compensation | 14 | | as may be awarded, if any, the
transferor municipality shall | 15 | | have the powers granted in paragraph (a)
of this Section, and | 16 | | said transferor municipality shall grant and convey
the said | 17 | | real estate to the transferee municipality upon the terms and
| 18 | | conditions theretofore agreed upon by the said municipalities | 19 | | and in the
manner provided for in paragraph (a) of this | 20 | | Section.
| 21 | | (d) If the transferor municipality shall hold an easement | 22 | | in any
real estate for a particular purpose different from the | 23 | | purpose for
which the transferee municipality shall desire to | 24 | | use, occupy or improve
said real estate, the transferor | 25 | | municipality (or the transferee
municipality in the name of and | 26 | | for and in behalf of the transferor
municipality, but without |
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| 1 | | subjecting the transferor municipality to any
expense without | 2 | | the consent of its corporate authorities), shall have
the power | 3 | | to file in any circuit court a petition for the purpose of
| 4 | | terminating said easement and securing the right to use, occupy | 5 | | and
improve any such real estate for the purpose or purposes | 6 | | set forth in
said petition, and for determining the | 7 | | compensation, if any, to be paid
in consequence thereof to the | 8 | | owner, or owners of said real estate. If
any compensation shall | 9 | | be awarded, the same shall be measured by the
actual damage, if | 10 | | any, to the owner or owners of said real estate,
resulting from | 11 | | the termination of the said easement and the granting of
the | 12 | | right sought in said petition, and shall be determined as of | 13 | | the
date of the filing of said petition. Upon the payment of | 14 | | such
compensation as may be awarded, if any, the easement held | 15 | | by the
transferor municipality shall in the final order entered | 16 | | in such
proceeding be declared terminated and the right of the | 17 | | transferee
municipality in said real estate shall be declared. | 18 | | If the transferee
municipality shall desire to use, occupy or | 19 | | improve said real estate for
the same purpose authorized by the | 20 | | easement held by the transferor
municipality, the transferor | 21 | | municipality shall have the power to
transfer said easement to | 22 | | the transferee municipality by instrument of
conveyance as | 23 | | provided for in paragraph (a).
| 24 | | (e) If such real estate shall have been acquired or | 25 | | improved by the
transferor municipality under the Local | 26 | | Improvements Act, or under the
said Act in conjunction with any |
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| 1 | | other Act, and the times fixed for the
payment of all | 2 | | installments of the special assessments therefor have not
| 3 | | elapsed at the time the transferor and transferee | 4 | | municipalities shall
have reached an agreement for the transfer | 5 | | of said real estate, the
transferee municipality shall deposit | 6 | | with the transferor municipality
to be placed in the special | 7 | | assessment funds authorized to be collected
to pay the cost of | 8 | | acquiring or improving said real estate, an amount
sufficient | 9 | | to pay (1) the installments of said special assessments not
due | 10 | | and payable at the time of the agreement for said transfer, and | 11 | | (2)
the amounts paid in advance by any property owner on | 12 | | account of said
special assessments, which, had such amounts | 13 | | not been paid in advance,
would have been due and payable after | 14 | | the date of such agreement, and
the transferor municipality | 15 | | shall upon the receipt of such amount cause
orders to be | 16 | | entered in the courts in which said special assessments
were | 17 | | confirmed, cancelling the installments becoming due and | 18 | | payable
after the said time at which the transferor and | 19 | | transferee
municipalities shall have reached an agreement for | 20 | | the transfer of said
real estate, and releasing the respective | 21 | | lots, tracts, and parcels of
real estate assessed in any such | 22 | | proceedings from the installments of
the said assessments in | 23 | | this paragraph authorized to be cancelled. The
transferor | 24 | | municipality shall after the entry of such orders of
| 25 | | cancellation refund to any property owner who has paid the same | 26 | | in
advance, any amounts which otherwise would have been due and |
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| 1 | | payable
after the said time at which the transferor and | 2 | | transferee
municipalities shall have reached an agreement for | 3 | | the transfer of said
real estate. Upon the entry of such orders | 4 | | of cancellation the
transferor municipality shall then have the | 5 | | powers granted in paragraph
(a) of this Section.
| 6 | | (f) The procedure, for the removal of any restriction upon | 7 | | the real
estate of the transferor municipality, for the | 8 | | termination of any
easement of the transferor municipality in | 9 | | said real estate and the
declaration of another or different | 10 | | right in the transferee municipality
in said real estate, and | 11 | | for the ascertainment of just compensation
therefor, shall be | 12 | | as near as may be like that provided for the exercise
of the | 13 | | power of eminent domain under the Eminent Domain Act.
| 14 | | (g) If any property shall be damaged by the release or | 15 | | removal of
any restrictions upon, or the termination of any | 16 | | easement in, or the
granting of a new right in any real estate | 17 | | held by the transferor
municipality, the same shall be | 18 | | ascertained and paid as provided by law. | 19 | | (h) Notwithstanding any provision of law to the contrary, a | 20 | | municipality may convey property to a public agency subject | 21 | | only to the terms and conditions set forth in an | 22 | | intergovernmental agreement between the municipality and | 23 | | public agency.
| 24 | | (Source: P.A. 94-1055, eff. 1-1-07.)
| 25 | | Section 10. The Illinois Municipal Code is amended by |
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| 1 | | changing Section 11-31-1 as follows:
| 2 | | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| 3 | | Sec. 11-31-1. Demolition, repair, enclosure, or | 4 | | remediation.
| 5 | | (a) The corporate authorities of each municipality may | 6 | | demolish, repair,
or enclose or cause the demolition, repair, | 7 | | or enclosure of
dangerous and unsafe buildings or uncompleted | 8 | | and abandoned buildings
within the territory of the | 9 | | municipality and may remove or cause the
removal of garbage, | 10 | | debris, and other hazardous, noxious, or unhealthy
substances | 11 | | or materials from those buildings. In any county
having adopted | 12 | | by referendum or otherwise a county health department as
| 13 | | provided by Division 5-25 of the Counties Code or its | 14 | | predecessor, the
county board of that county may exercise those | 15 | | powers with regard to
dangerous and unsafe buildings or | 16 | | uncompleted and abandoned buildings
within the territory of any | 17 | | city, village, or incorporated town having less
than 50,000 | 18 | | population.
| 19 | | The corporate authorities shall apply to the circuit court | 20 | | of the 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 so to | 24 | | do, have failed to put the building in a safe
condition or to | 25 | | demolish it or (ii) for an order requiring the owner or
owners |
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| 1 | | of record to demolish, repair, or enclose the building or to | 2 | | remove
garbage, debris, and other hazardous, noxious, or | 3 | | unhealthy substances or
materials from the building. It is not | 4 | | a defense to the cause of action
that the building is boarded | 5 | | up or otherwise enclosed, although the court
may order the | 6 | | defendant to have the building boarded up or otherwise
| 7 | | enclosed. Where, upon diligent search, the identity or | 8 | | whereabouts of the
owner or owners of the building, including | 9 | | the lien holders of record,
is not ascertainable, notice mailed | 10 | | to the person or persons in whose name
the real estate was last | 11 | | assessed and posting notice on the property for 15 days is | 12 | | sufficient 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.
Any person entitled to bring an action under | 16 | | subsection (b) shall have
the right to intervene in an action | 17 | | brought under this Section.
| 18 | | The cost of the demolition, repair, enclosure, or removal | 19 | | incurred by
the municipality, by an intervenor, or by a lien | 20 | | holder of record,
including court costs, attorney's fees, and | 21 | | other costs related to the
enforcement of this Section, is | 22 | | recoverable from the owner or owners of
the real estate or the | 23 | | previous owner or both if the property was transferred
during | 24 | | the 15 day notice period and is a lien on the real estate; the | 25 | | lien is
superior to all prior existing liens and encumbrances, | 26 | | except taxes, if, within
180 days after the repair, demolition, |
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| 1 | | enclosure, or removal, the municipality,
the lien holder of | 2 | | record, or the intervenor who incurred the cost and expense
| 3 | | shall file a notice of lien for the cost and expense incurred | 4 | | in the office of
the recorder in the county in which the real | 5 | | estate is located or in the office
of the registrar of titles | 6 | | of the county if the real estate affected is
registered under | 7 | | the Registered Titles (Torrens) Act.
| 8 | | The notice must consist of a sworn statement setting out | 9 | | (1) a
description of the real estate sufficient for its | 10 | | identification, (2)
the amount of money representing the cost | 11 | | and expense incurred, and (3) the
date or dates when the cost | 12 | | and expense was incurred by the municipality,
the lien holder | 13 | | of record, or the intervenor. Upon payment of the cost and
| 14 | | expense by the owner of or persons interested in the property | 15 | | after the
notice of lien has been filed, the lien shall be | 16 | | released by the
municipality, the person in whose name the lien | 17 | | has been filed, or the
assignee of the lien, and the release | 18 | | may be filed of record as in the case
of filing notice of lien. | 19 | | Unless the lien is enforced under subsection (c),
the lien may | 20 | | be enforced by foreclosure proceedings as in the case of
| 21 | | mortgage foreclosures under Article XV of the Code of Civil | 22 | | Procedure or
mechanics' lien foreclosures. An action to | 23 | | foreclose this lien
may be commenced at any time after the date | 24 | | of filing of the notice of
lien. The costs of foreclosure | 25 | | incurred by the municipality, including
court costs, | 26 | | reasonable attorney's fees, advances to preserve the property,
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| 1 | | and other costs related to the enforcement of this subsection, | 2 | | plus
statutory interest, are a lien on the real estate and are | 3 | | recoverable by
the municipality from the owner or owners of the | 4 | | real estate.
| 5 | | All liens arising under this subsection (a) shall be | 6 | | assignable.
The assignee of the lien shall have the same power | 7 | | to enforce the lien
as the assigning party, except that the | 8 | | lien may not be
enforced under subsection (c).
| 9 | | If the appropriate official of any municipality determines | 10 | | that any
dangerous and unsafe building or uncompleted and | 11 | | abandoned building within
its territory fulfills the | 12 | | requirements for an action by the municipality under the | 13 | | Abandoned Housing Rehabilitation Act, the municipality may
| 14 | | petition under that Act in a proceeding brought under this | 15 | | subsection.
| 16 | | (b) Any owner or tenant of real property within 1200 feet | 17 | | in any
direction of any dangerous or unsafe building located | 18 | | within the territory
of a municipality with a population of | 19 | | 500,000 or more may file with the
appropriate municipal | 20 | | authority a request that the municipality apply to
the circuit | 21 | | court of the county in which the building is located for an
| 22 | | order permitting the demolition, removal of garbage, debris, | 23 | | and other
noxious or unhealthy substances and materials from, | 24 | | or repair or enclosure of
the building in the manner prescribed | 25 | | in subsection (a) of this Section.
If the municipality fails to | 26 | | institute an action in circuit court within 90
days after the |
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| 1 | | filing of the request, the owner or tenant of real property
| 2 | | within 1200 feet in any direction of the building may institute | 3 | | an action
in circuit court seeking an order compelling the | 4 | | owner or owners of record
to demolish, remove garbage, debris, | 5 | | and other noxious or unhealthy
substances and materials from, | 6 | | repair or enclose or to cause to be
demolished, have garbage, | 7 | | debris, and other noxious or unhealthy substances
and materials | 8 | | removed from, repaired, or enclosed the building in question.
A | 9 | | private owner or tenant who institutes an action under the | 10 | | preceding sentence
shall not be required to pay any fee to the | 11 | | clerk of the circuit court.
The cost of repair, removal, | 12 | | demolition, or enclosure shall be borne by
the owner or owners | 13 | | of record of the building. In the event the owner or
owners of | 14 | | record fail to demolish, remove garbage, debris, and other | 15 | | noxious
or unhealthy substances and materials from, repair, or | 16 | | enclose the building
within 90 days of the date the court | 17 | | entered its order, the owner or tenant
who instituted the | 18 | | action may request that the court join the municipality
as a | 19 | | party to the action. The court may order the municipality to | 20 | | demolish,
remove materials from, repair, or enclose the | 21 | | building, or cause that action to
be taken upon the request of | 22 | | any owner or tenant who instituted the action or
upon the | 23 | | municipality's request. The municipality may file, and the | 24 | | court may
approve, a plan for rehabilitating the building in | 25 | | question. A court order
authorizing the municipality to | 26 | | demolish, remove materials from, repair, or
enclose a building, |
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| 1 | | or cause that action to be taken, shall not preclude the
court | 2 | | from adjudging the owner or owners of record of the building in | 3 | | contempt
of court due to the failure to comply with the order | 4 | | to demolish, remove
garbage, debris, and other noxious or | 5 | | unhealthy substances and materials from,
repair, or enclose the | 6 | | building.
| 7 | | If a municipality or a person or persons other than the | 8 | | owner or
owners of record pay the cost of demolition, removal | 9 | | of garbage, debris, and
other noxious or unhealthy substances | 10 | | and materials, repair, or enclosure
pursuant to a court order, | 11 | | the cost, including court costs, attorney's fees,
and other | 12 | | costs related to the enforcement of this subsection, is
| 13 | | recoverable from the owner or owners of the real estate and is | 14 | | a lien
on the real estate; the lien is superior to all prior | 15 | | existing liens and
encumbrances, except taxes, if, within 180 | 16 | | days after the
repair, removal, demolition, or enclosure, the | 17 | | municipality or the person or
persons who paid the costs of | 18 | | demolition, removal, repair, or enclosure
shall file a notice | 19 | | of lien of the cost and expense incurred in the office
of the | 20 | | recorder in the county in which the real estate is located or | 21 | | in the
office of the registrar of the county if the real estate | 22 | | affected is
registered under the Registered Titles (Torrens) | 23 | | Act. The notice shall be
in a form as is provided in subsection | 24 | | (a). An owner or tenant who
institutes an action in circuit | 25 | | court seeking an order to compel the owner
or owners of record | 26 | | to demolish, remove materials from, repair, or enclose any
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| 1 | | dangerous or unsafe building, or to cause that action to be | 2 | | taken under this
subsection may recover court costs and | 3 | | reasonable attorney's fees for
instituting the action from the | 4 | | owner or owners of record of the building.
Upon payment of the | 5 | | costs and expenses by the owner of or a person
interested in | 6 | | the property after the notice of lien has been filed, the
lien | 7 | | shall be released by the municipality or the person in whose | 8 | | name the
lien has been filed or his or her assignee, and the | 9 | | release may be filed of
record as in the case of filing a | 10 | | notice of lien. Unless the lien is
enforced under subsection | 11 | | (c), the lien may be enforced by foreclosure
proceedings as in | 12 | | the case of mortgage foreclosures under Article XV of the
Code | 13 | | of Civil Procedure or mechanics' lien foreclosures. An action | 14 | | to
foreclose this lien may be commenced at any time after the | 15 | | date of filing
of the notice of lien. The costs of foreclosure | 16 | | incurred by the
municipality, including court costs, | 17 | | reasonable attorneys' fees, advances
to preserve the property, | 18 | | and other costs related to the enforcement of
this subsection, | 19 | | plus statutory interest, are a lien on the real estate
and are | 20 | | recoverable by the municipality from the owner or owners of the
| 21 | | real estate.
| 22 | | All liens arising under the terms of this subsection (b) | 23 | | shall be
assignable. The assignee of the lien shall have the | 24 | | same power to
enforce the lien as the assigning party, except | 25 | | that the lien may not be
enforced under subsection (c).
| 26 | | (c) In any case where a municipality has obtained a lien |
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| 1 | | under
subsection (a), (b), or (f), the municipality may enforce | 2 | | the
lien
under
this subsection (c) in the same proceeding in | 3 | | which the lien is authorized.
| 4 | | A municipality desiring to enforce a lien under this | 5 | | subsection (c) shall
petition the court to retain jurisdiction | 6 | | for foreclosure proceedings under
this subsection. Notice of | 7 | | the petition shall be served, by certified or
registered mail, | 8 | | on all persons who were served notice under subsection
(a), | 9 | | (b), or (f). The court shall conduct a hearing on the petition | 10 | | not
less than 15
days after the notice is served. If the court | 11 | | determines that the
requirements of this subsection (c) have | 12 | | been satisfied, it shall grant the
petition and retain | 13 | | jurisdiction over the matter until the foreclosure
proceeding | 14 | | is completed. The costs of foreclosure incurred by the
| 15 | | municipality, including court costs, reasonable attorneys' | 16 | | fees, advances
to preserve the property, and other costs | 17 | | related to the enforcement of
this subsection, plus statutory | 18 | | interest, are a lien on the real estate and
are recoverable by | 19 | | the municipality from the owner or owners of the real
estate. | 20 | | If the court denies the petition, the municipality may enforce | 21 | | the
lien in a separate action as provided in subsection (a), | 22 | | (b), or
(f).
| 23 | | All persons designated in Section 15-1501 of the Code of | 24 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 25 | | action shall be joined as
parties before issuance of an order | 26 | | of foreclosure. Persons designated
in Section 15-1501 of the |
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| 1 | | Code of Civil Procedure as permissible parties
may also be | 2 | | joined as parties in the action.
| 3 | | The provisions of Article XV of the Code of Civil Procedure | 4 | | applicable to
mortgage foreclosures shall apply to the | 5 | | foreclosure of a lien under
this subsection (c), except to the | 6 | | extent that those provisions are
inconsistent with this | 7 | | subsection. For purposes of foreclosures
of liens under this | 8 | | subsection, however, the redemption period described in
| 9 | | subsection (b) of Section 15-1603 of the Code of Civil | 10 | | Procedure shall end 30
60 days after the date of entry of the | 11 | | order of foreclosure.
| 12 | | (d) In addition to any other remedy provided by law, the | 13 | | corporate
authorities of any municipality may petition the | 14 | | circuit court to have
property declared abandoned under this | 15 | | subsection (d) if: | 16 | | (1) the property is unoccupied by persons legally in | 17 | | possession; | 18 | | (2) the property has 2 or more years of delinquent | 19 | | taxes or the property has had no water use for the past | 20 | | year; and | 21 | | (3) the property's condition impairs public health, | 22 | | safety, or welfare for reasons specified in the petition.
| 23 | | (1) the property has been tax delinquent for 2 or more | 24 | | years or bills
for water service for the property have been | 25 | | outstanding for 2 or more years;
| 26 | | (2) the property is unoccupied by persons legally in |
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| 1 | | possession; and
| 2 | | (3) the property contains a dangerous or unsafe | 3 | | building for reasons specified in the petition.
| 4 | | All persons having an interest of record in the property, | 5 | | including tax
purchasers and beneficial owners of any Illinois | 6 | | land trust having title to
the property, shall be named as | 7 | | defendants in the petition and shall be
served with process. In | 8 | | addition, service shall be had under Section
2-206 of the Code | 9 | | of Civil Procedure as in other cases affecting property.
| 10 | | The municipality, however, may proceed under this | 11 | | subsection in a
proceeding brought under subsection (a) or (b). | 12 | | Notice of the petition
shall be served in person or by | 13 | | certified or registered mail on all persons who were
served | 14 | | notice under subsection (a) or (b).
| 15 | | If the municipality proves that the conditions described in | 16 | | this
subsection exist and (i) the owner of record of the | 17 | | property does not enter
an appearance in the action, or, if | 18 | | title to the property is held by an
Illinois land trust, if | 19 | | neither the owner of record nor the owner of the
beneficial | 20 | | interest of the trust enters an appearance, or (ii) if the | 21 | | owner of record or the beneficiary of a land trust, if title to | 22 | | the property is held by an Illinois land trust, enters an | 23 | | appearance and specifically waives his or her rights under this | 24 | | subsection (d), the court
shall declare the property abandoned. | 25 | | Notwithstanding any waiver, the municipality may move to | 26 | | dismiss its petition at any time. In addition, any waiver in a |
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| 1 | | proceeding under this subsection (d) does not serve as a waiver | 2 | | for any other proceeding under law or equity.
| 3 | | If that determination is made, notice shall be sent in | 4 | | person or by certified or
registered mail to all persons having | 5 | | an interest of record in the
property, including tax purchasers | 6 | | and beneficial owners of any Illinois
land trust having title | 7 | | to the property, stating that title to the
property will be | 8 | | transferred to the municipality unless, within 30 days of
the | 9 | | notice, the owner of record or any other person having an | 10 | | interest in the property files with the
court a request to | 11 | | demolish all the dangerous or unsafe buildings building or to | 12 | | put the property
building in safe condition, or unless the | 13 | | owner of record enters an appearance and proves that the owner | 14 | | does not intend to abandon the property.
| 15 | | If the owner of record enters an appearance in the action | 16 | | within the 30
day period, but does not at that time file with | 17 | | the court a request to demolish any the dangerous or unsafe | 18 | | building or to put the property building in safe condition, or | 19 | | specifically waive his or her rights under this subsection (d), | 20 | | the court shall vacate its order declaring the property
| 21 | | abandoned if it determines that the owner of record does not | 22 | | intend to abandon the property. In that case, the municipality | 23 | | may amend its complaint in order
to initiate proceedings under | 24 | | subsection (a), or it may request that the court order the | 25 | | owner to demolish any unsafe or dangerous the building or | 26 | | repair any the dangerous or unsafe conditions of the property |
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| 1 | | building alleged in the petition or seek the appointment of a | 2 | | receiver or other equitable relief to correct the conditions at | 3 | | the property. The powers and rights of a receiver appointed | 4 | | under this subsection (d) shall include all of the powers and | 5 | | rights of a receiver appointed under Section 11-31-2 of this | 6 | | Code.
| 7 | | If a request to demolish a building or repair the property | 8 | | building is filed within the 30
day period, the court shall | 9 | | grant permission to the requesting party to
demolish the | 10 | | building or repair the property within 30 days or to restore | 11 | | the building to safe
condition within 60 days after the request | 12 | | is granted. An extension of
that period for up to 60 additional | 13 | | days may be given for good cause. If
more than one person with | 14 | | an interest in the property files a timely
request, preference | 15 | | shall be given to the owner of record if the owner filed a | 16 | | request or, if the owner did not, the person with the lien or | 17 | | other
interest of the highest priority.
| 18 | | If the requesting party (other than the owner of record) | 19 | | proves to the court that the building has been
demolished or | 20 | | put in a safe condition in accordance with the local property | 21 | | maintenance and building safety codes within the period of time | 22 | | granted by
the court, the court shall issue a quitclaim | 23 | | judicial deed for the
property to the requesting party, | 24 | | conveying only the interest of the owner
of record, upon proof | 25 | | of payment to the municipality of all costs incurred
by the | 26 | | municipality in connection with the action, including but not
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| 1 | | limited to court costs, attorney's fees, administrative costs, | 2 | | the
costs, if any, associated with any property maintenance | 3 | | building enclosure or removal , and receiver's
certificates. | 4 | | The interest in the property so conveyed shall be subject to
| 5 | | all liens and encumbrances on the property. In addition, if the | 6 | | interest is
conveyed to a person holding a certificate of | 7 | | purchase for the property
under the Property Tax Code, the | 8 | | conveyance shall
be subject to the rights of redemption of all | 9 | | persons entitled to redeem under
that Act, including the | 10 | | original owner of record. If the requesting party is the owner | 11 | | of record and proves to the court that the building has been | 12 | | demolished or put in a safe condition in accordance with the | 13 | | local safety codes within the period of time granted by the | 14 | | court, the court shall dismiss the proceeding under this | 15 | | subsection (d).
| 16 | | If the owner of record has not entered an appearance and | 17 | | proven that the owner did not intend to abandon the property, | 18 | | and if no person with an interest in the property files a | 19 | | timely request or
if the requesting party fails to demolish the | 20 | | building or put the property building
in safe condition within | 21 | | the time specified by the court, the municipality may petition | 22 | | the court to issue a judicial deed for the property to the
| 23 | | municipality or its designee, if the designee is a public | 24 | | agency . A conveyance by judicial deed shall operate to | 25 | | extinguish
all existing ownership interests in, liens on, and | 26 | | other interest in the
property, including tax liens, and shall |
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| 1 | | extinguish the rights and
interests of any and all holders of a | 2 | | bona fide certificate of purchase of the
property for | 3 | | delinquent taxes. Any such bona fide certificate of purchase
| 4 | | holder shall be
entitled to a sale in error as prescribed under | 5 | | Section 21-310 of the Property
Tax Code.
| 6 | | (e) Each municipality may use the provisions of this | 7 | | subsection to expedite
the removal
of certain buildings that | 8 | | are a continuing hazard to the community in which the buildings
| 9 | | they are located.
| 10 | | If a residential or commercial building is 3 stories or | 11 | | less in height as
defined by the
municipality's building code, | 12 | | and the corporate official designated to be
in charge of | 13 | | enforcing the municipality's building code determines that the
| 14 | | building is open and vacant and an immediate and continuing | 15 | | hazard to the
community in which the building is located, then | 16 | | the official shall be
authorized to post a notice not less than | 17 | | 2 feet by 2 feet in size on the
front of the building. The | 18 | | notice shall be dated as of the date of the
posting and shall | 19 | | state that unless the building is demolished, repaired,
or | 20 | | enclosed, and unless any garbage, debris, and other hazardous, | 21 | | noxious,
or unhealthy substances or materials are removed so | 22 | | that an immediate and
continuing hazard to the community no | 23 | | longer exists, then the building may
be demolished, repaired, | 24 | | or enclosed, or any garbage, debris, and other
hazardous, | 25 | | noxious, or unhealthy substances or materials may be removed, | 26 | | by
the municipality.
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| 1 | | Not later than 30 days following the posting of the notice, | 2 | | the
municipality shall do all of the following:
| 3 | | (1) Cause to be sent, by certified mail, return receipt | 4 | | requested,
a Notice to Remediate to all owners of
record of | 5 | | the property, the beneficial owners of any Illinois land | 6 | | trust
having title to the property, and all lienholders of | 7 | | record in the property,
stating the intent of the | 8 | | municipality to demolish,
repair, or enclose the building | 9 | | or remove any garbage, debris, or other
hazardous, noxious, | 10 | | or unhealthy substances or materials if that action is
not | 11 | | taken by the owner or owners.
| 12 | | (2) Cause to be published, in a newspaper published or | 13 | | circulated in the
municipality where the building is | 14 | | located, a notice setting forth (i)
the permanent tax index | 15 | | number and the address of the building, (ii) a
statement | 16 | | that the property is open and vacant and constitutes an | 17 | | immediate and
continuing hazard to the community, and (iii) | 18 | | a statement that the municipality
intends to demolish, | 19 | | repair, or enclose the building or remove any garbage,
| 20 | | debris, or other hazardous, noxious, or unhealthy | 21 | | substances or materials if
the owner or owners or | 22 | | lienholders of record fail to do so. This notice shall
be | 23 | | published for 3 consecutive days.
| 24 | | (3) Cause to be recorded the Notice to Remediate mailed | 25 | | under paragraph
(1) in
the office of the recorder in the | 26 | | county in which the real estate is located or
in the
office |
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| 1 | | of the registrar of titles of the county if the real estate | 2 | | is
registered under the
Registered Title (Torrens) Act.
| 3 | | Any person or persons with a current legal or equitable | 4 | | interest in the
property objecting to the proposed actions of | 5 | | the corporate authorities may
file his or her objection in an | 6 | | appropriate form in a court of competent
jurisdiction.
| 7 | | If the building is not demolished, repaired, or enclosed, | 8 | | or the garbage,
debris, or other hazardous, noxious, or | 9 | | unhealthy substances or materials are
not removed, within 30 | 10 | | days of mailing the notice to the owners of record,
the | 11 | | beneficial owners of any Illinois land trust having title to | 12 | | the
property, and all lienholders of record in the property, or
| 13 | | within 30 days of the last day of publication of the notice, | 14 | | whichever is
later, the corporate authorities shall have the | 15 | | power to demolish, repair, or
enclose the building or to remove | 16 | | any garbage, debris, or other hazardous,
noxious, or unhealthy | 17 | | substances or materials.
| 18 | | The municipality may proceed to demolish, repair, or | 19 | | enclose a building
or remove any garbage, debris, or other | 20 | | hazardous, noxious, or unhealthy
substances or materials under | 21 | | this subsection within a 180-day 120-day period
following the | 22 | | date of the mailing of the notice if the appropriate official
| 23 | | determines that the demolition, repair, enclosure, or removal | 24 | | of any garbage,
debris, or other hazardous, noxious, or | 25 | | unhealthy substances or materials is
necessary to remedy the | 26 | | immediate and continuing hazard. If, however, before
the |
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| 1 | | municipality proceeds with any of the actions authorized by | 2 | | this
subsection, any person with a legal or equitable interest | 3 | | in the property has
sought a hearing under this subsection | 4 | | before a
court and has served a copy of the complaint on the | 5 | | chief executive officer of
the municipality, then the | 6 | | municipality shall not proceed with the demolition,
repair, | 7 | | enclosure, or removal of garbage, debris, or other substances | 8 | | until the
court determines that that action is necessary to | 9 | | remedy the hazard and issues
an order authorizing the | 10 | | municipality to do so. If the court dismisses the action for | 11 | | want of prosecution, the municipality
must send the objector a | 12 | | copy of the dismissal
order and a letter stating that the | 13 | | demolition, repair, enclosure, or
removal of garbage, debris, | 14 | | or other substances will proceed unless, within 30
days after | 15 | | the copy of the order and the letter are mailed, the
objector
| 16 | | moves to vacate the dismissal and serves a
copy of the
motion | 17 | | on the chief executive officer of the municipality. | 18 | | Notwithstanding
any other law to the contrary, if the objector | 19 | | does not file a motion and give
the required notice, if the | 20 | | motion is denied by the court, or if the action is
again | 21 | | dismissed for want of prosecution, then the dismissal is with | 22 | | prejudice
and the demolition, repair, enclosure, or removal may | 23 | | proceed forthwith.
| 24 | | Following the demolition, repair, or enclosure of a | 25 | | building, or the
removal of garbage, debris, or other | 26 | | hazardous, noxious, or unhealthy
substances or materials under |
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| 1 | | this subsection, the municipality may file a
notice of lien | 2 | | against the real estate for the cost of the demolition,
repair, | 3 | | enclosure, or removal incurred by the municipality or its | 4 | | agent, including court costs, attorney's fees, and other costs | 5 | | related to the enforcement of this Section, including, but not | 6 | | limited to: appraisals; environmental reviews; costs assessing | 7 | | the risks; police and public safety costs; and building | 8 | | inspector costs. The notice must be filed within 180 days after | 9 | | the completion of the repair, demolition,
enclosure, or removal | 10 | | occurred , for the cost and expense incurred, in the
office of | 11 | | the recorder in the county in which the real estate is located | 12 | | or
in the office of the registrar of titles of the county if | 13 | | the real estate
affected is registered under the Registered | 14 | | Titles (Torrens) Act . The costs incurred by a municipality is a | 15 | | lien on the real estate. Liens under this paragraph have ; this
| 16 | | lien has priority over the interests of those parties named in | 17 | | the
Notice to
Remediate mailed under paragraph (1), but not | 18 | | over the interests of third party
purchasers
or encumbrancers | 19 | | for value who obtained their interests in the property before
| 20 | | obtaining
actual or constructive notice of the lien. Costs | 21 | | incurred under this subsection (e) are also recoverable from | 22 | | the owner or owners of the real estate, or from the previous | 23 | | owner if the property is transferred following the recording of | 24 | | the notice of intent to demolish as provided for under this | 25 | | Section, in the manner as provided for in subsection (g).
The
| 26 | | notice of lien shall consist of a sworn statement setting forth |
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| 1 | | (i) a
description of the real estate, such as the address or | 2 | | other description of
the property, sufficient for its | 3 | | identification; (ii) the expenses incurred
by the municipality | 4 | | in undertaking the remedial actions authorized under
this | 5 | | subsection; (iii) the date or dates the expenses were incurred | 6 | | by
the municipality; (iv) a statement by the corporate official
| 7 | | responsible for enforcing the building code that the building | 8 | | was open and
vacant and constituted an immediate and continuing | 9 | | hazard
to the community; (v) a statement by the corporate | 10 | | official that the
required sign was posted on the building, | 11 | | that notice was sent by certified
mail to the owners of record, | 12 | | and that notice was published in accordance
with this | 13 | | subsection; and (vi) a statement as to when and where the | 14 | | notice
was published. The lien authorized by this subsection | 15 | | may thereafter be
released or enforced by the municipality as | 16 | | provided in subsection (a).
| 17 | | (f) The corporate authorities of each municipality may | 18 | | remove or cause the
removal of, or otherwise environmentally | 19 | | remediate hazardous substances and
petroleum products on, in,
| 20 | | or under any abandoned and unsafe property within the territory | 21 | | of a
municipality. In addition, where preliminary evidence | 22 | | indicates the presence
or likely presence of a hazardous | 23 | | substance or a petroleum product or a release
or a substantial
| 24 | | threat of a release of a hazardous substance or a petroleum | 25 | | product on, in, or
under the property, the
corporate | 26 | | authorities of the municipality may inspect the property and |
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| 1 | | test for
the presence or release of hazardous substances and | 2 | | petroleum products. In any
county having adopted
by referendum | 3 | | or otherwise a county health department as provided by Division
| 4 | | 5-25 of the Counties Code or its predecessor, the county board | 5 | | of that county
may exercise the above-described powers with | 6 | | regard to property within the
territory of any city, village, | 7 | | or incorporated town having less than 50,000
population.
| 8 | | For purposes of this subsection (f):
| 9 | | (1) "property" or "real estate" means all real | 10 | | property, whether or
not improved by a structure;
| 11 | | (2) "abandoned" means;
| 12 | | (A) the property has been tax delinquent for 2 or | 13 | | more years;
| 14 | | (B) the property is unoccupied by persons legally | 15 | | in possession; and
| 16 | | (3) "unsafe" means property that presents an actual or | 17 | | imminent
threat to public health and safety caused by
the | 18 | | release of hazardous substances; and
| 19 | | (4) "hazardous substances" means the same as in Section | 20 | | 3.215 of the
Environmental Protection Act.
| 21 | | The corporate authorities shall apply to the circuit court | 22 | | of the county in
which the property is located (i) for an order | 23 | | allowing the municipality to
enter the property and inspect and | 24 | | test substances on, in, or under
the property; or (ii) for an | 25 | | order authorizing the
corporate authorities to take action with | 26 | | respect to remediation of the
property if conditions on the |
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| 1 | | property, based on the inspection and testing
authorized in | 2 | | paragraph (i), indicate the presence of hazardous substances or
| 3 | | petroleum products.
Remediation shall be deemed
complete for | 4 | | purposes of
paragraph (ii) above when the property satisfies | 5 | | Tier
I,
II, or
III
remediation objectives for the property's | 6 | | most recent usage, as established by
the Environmental | 7 | | Protection Act, and the rules and regulations promulgated
| 8 | | thereunder. Where, upon diligent search, the identity or | 9 | | whereabouts of the
owner or owners of the property, including | 10 | | the lien holders of record, is not
ascertainable, notice mailed | 11 | | to the person or persons in whose name the real
estate was last | 12 | | assessed is sufficient notice under this Section.
| 13 | | The court shall grant an order authorizing testing under | 14 | | paragraph (i) above
upon a
showing of preliminary evidence | 15 | | indicating the presence or likely presence of a
hazardous | 16 | | substance or a petroleum product or a release of
or a | 17 | | substantial threat of a release of a hazardous substance or a | 18 | | petroleum
product on, in, or under
abandoned property. The | 19 | | preliminary evidence may include, but is not limited
to, | 20 | | evidence of prior use, visual site inspection, or records of | 21 | | prior
environmental investigations. The testing authorized by | 22 | | paragraph (i) above
shall include any type of investigation | 23 | | which is necessary for an environmental
professional to | 24 | | determine the environmental condition of the property,
| 25 | | including but not limited to performance of soil borings and | 26 | | groundwater
monitoring. The court shall grant a remediation |
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| 1 | | order under paragraph (ii)
above where testing of the property | 2 | | indicates that it fails to meet the
applicable remediation | 3 | | objectives. The hearing upon the application to the
circuit | 4 | | court shall be expedited by the court and shall be given | 5 | | precedence
over
all other suits.
| 6 | | The cost of the inspection, testing, or remediation | 7 | | incurred by the
municipality or by a lien holder of record, | 8 | | including court costs, attorney's
fees, and other costs related | 9 | | to the enforcement of this Section,
is a lien on the real | 10 | | estate; except that in any instances where a
municipality
| 11 | | incurs costs
of inspection and testing but finds no hazardous | 12 | | substances or petroleum
products on the property
that present | 13 | | an actual or imminent
threat to public health and safety, such | 14 | | costs are not recoverable from the
owners nor are such costs a | 15 | | lien on the real estate. The lien is superior to
all prior | 16 | | existing liens and encumbrances, except taxes and any lien | 17 | | obtained
under subsection (a) or (e), if, within 180 days after | 18 | | the completion of the
inspection, testing, or remediation, the | 19 | | municipality or the lien holder of
record who
incurred the cost | 20 | | and expense shall file a notice of lien for the cost and
| 21 | | expense incurred in the office of the recorder in the county in | 22 | | which the real
estate is located or in the office of the | 23 | | registrar of titles of the county if
the real estate affected | 24 | | is registered under the Registered Titles (Torrens)
Act.
| 25 | | The notice must consist of a sworn statement setting out | 26 | | (i) a description of
the real estate sufficient for its |
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| 1 | | identification, (ii) the amount of money
representing the cost | 2 | | and expense incurred, and (iii) the date or dates when
the
cost | 3 | | and expense was incurred by the municipality or the lien holder | 4 | | of record.
Upon payment of the lien amount by the owner of or | 5 | | persons interested in the
property after the notice of lien has | 6 | | been filed, a release of lien shall be
issued by the | 7 | | municipality, the person in whose name the lien has been filed,
| 8 | | or the assignee of the lien, and the release may be filed of | 9 | | record as in the
case of filing notice of lien.
| 10 | | The lien may be enforced under subsection (c) or by | 11 | | foreclosure proceedings
as
in the case of mortgage foreclosures | 12 | | under Article XV of the Code of Civil
Procedure or mechanics' | 13 | | lien foreclosures; provided that where the lien is
enforced by | 14 | | foreclosure under subsection (c) or under either statute, the
| 15 | | municipality may
not proceed against the other assets of the | 16 | | owner or owners of the real estate
for any costs that otherwise | 17 | | would be recoverable under this Section but that
remain | 18 | | unsatisfied after foreclosure except where such additional | 19 | | recovery is
authorized by separate environmental laws. An | 20 | | action to foreclose this lien
may be commenced at any time | 21 | | after the date of filing of the notice of lien.
The costs of | 22 | | foreclosure incurred by the municipality, including court | 23 | | costs,
reasonable attorney's fees, advances to preserve the | 24 | | property, and other costs
related to the enforcement of this | 25 | | subsection, plus statutory interest, are a
lien on the real | 26 | | estate.
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| 1 | | All liens arising under this subsection (f) shall be | 2 | | assignable. The
assignee of the lien shall have the same power | 3 | | to enforce the lien as the
assigning party, except that the | 4 | | lien may not be enforced under subsection
(c).
| 5 | | (g) In any case where a municipality has obtained a lien | 6 | | under subsection
(a) or (e) , the municipality may also bring an | 7 | | action for a money judgment against the
owner or owners of the | 8 | | real estate in the amount of the lien in the same manner
as | 9 | | provided for bringing causes of action in Article II of the | 10 | | Code of Civil
Procedure and, upon obtaining a judgment, file a | 11 | | judgment lien against all of
the real estate of the owner or | 12 | | owners and enforce that lien as provided for in
Article XII of | 13 | | the Code of Civil Procedure.
| 14 | | (h) Under this Section: | 15 | | "Demolition" includes, but is not limited to: the | 16 | | destruction and removal of structures on a certain parcel, | 17 | | including accessory structures and any foundation, | 18 | | disconnection of any utilities, repair of the soils to grade | 19 | | level and installation of grass or other greenery on the | 20 | | parcel. | 21 | | "Public agency" means a municipality or county of the State | 22 | | of Illinois and any combination of municipalities and counties | 23 | | pursuant to an intergovernmental agreement that includes | 24 | | provisions for a governing body of the agency created by the | 25 | | agreement. | 26 | | (Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)
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