Full Text of SB3633 102nd General Assembly
SB3633sam002 102ND GENERAL ASSEMBLY | Sen. David Koehler Filed: 2/18/2022
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| 1 | | AMENDMENT TO SENATE BILL 3633
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3633, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Freedom of Information Act is amended by | 6 | | adding Section 2.25 as follows: | 7 | | (5 ILCS 140/2.25 new) | 8 | | Sec. 2.25. Demolition, repair, enclosure, or remediation | 9 | | records. Demolition, repair, enclosure, or remediation records | 10 | | submitted to a county under Section 5-1121 of the Counties | 11 | | Code or a municipality under Section 11-31-1 of the Illinois | 12 | | Municipal Code are public records subject to inspection and | 13 | | copying in accordance with the provisions of this Act; except | 14 | | that contractors' employees' addresses, telephone numbers, and | 15 | | social security numbers must be redacted by the public body | 16 | | prior to disclosure. |
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| 1 | | Section 10. The Counties Code is amended by changing | 2 | | Section 5-1121 as follows:
| 3 | | (55 ILCS 5/5-1121)
| 4 | | Sec. 5-1121. Demolition, repair, or enclosure.
| 5 | | (a) The county board of each county may
demolish, repair, | 6 | | or enclose or cause the demolition, repair, or enclosure of
| 7 | | dangerous and unsafe buildings or uncompleted and abandoned | 8 | | buildings within
the territory of the county, but outside the | 9 | | territory of any municipality, and
may remove or cause the | 10 | | removal of garbage, debris, and other hazardous,
noxious, or | 11 | | unhealthy substances or materials from those buildings.
If a | 12 | | township within the county makes a formal request to the | 13 | | county board
as provided in Section 85-50 of the Township Code | 14 | | that the county board
commence specified proceedings under | 15 | | this Section with respect to property
located within the | 16 | | township but outside the territory of any municipality,
then, | 17 | | at the next regular county board meeting occurring at least 10 | 18 | | days
after the formal request is made to the county board, the | 19 | | county board shall
either commence the requested proceedings | 20 | | or decline to do so (either
formally or by failing to commence | 21 | | the proceedings within 60 days after the request) and shall | 22 | | notify the township
board making the request of the county | 23 | | board's decision.
In any
county having adopted, by referendum | 24 | | or otherwise, a county health department
as provided by |
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| 1 | | Division 5-25 of the Counties Code or its predecessor, the
| 2 | | county board of any such county may upon a formal request by | 3 | | the city, village,
or incorporated town demolish, repair or | 4 | | cause the demolition or repair of
dangerous and unsafe | 5 | | buildings or uncompleted and abandoned buildings within
the | 6 | | territory of any city, village, or incorporated town having a | 7 | | population of
less than 50,000.
| 8 | | The county board shall apply to the circuit court of the | 9 | | county
in which the building is located (i) for an order | 10 | | authorizing action to
be taken with respect to a building if | 11 | | the owner or owners of the building,
including the lien | 12 | | holders of record, after at least 15 days' written
notice by | 13 | | mail to do so, have failed to commence proceedings to put the
| 14 | | building in a safe
condition or to demolish it or (ii) for an | 15 | | order requiring the owner or
owners of record to demolish, | 16 | | repair, or enclose the building or to remove
garbage, debris, | 17 | | and other hazardous, noxious, or unhealthy substances or
| 18 | | materials from the building. It is not a defense to the cause | 19 | | of action
that the building is boarded up or otherwise | 20 | | enclosed, although the court
may order the defendant to have | 21 | | the building boarded up or otherwise
enclosed. Where, upon | 22 | | diligent search, the identity or whereabouts of the
owner or | 23 | | owners of the building, including the lien holders of record,
| 24 | | is not ascertainable, notice mailed to the person or persons | 25 | | in whose name
the real estate was last assessed and the posting | 26 | | of such notice upon the
premises sought to be demolished or |
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| 1 | | repaired is sufficient notice under this
Section.
| 2 | | The hearing upon the application to the circuit court | 3 | | shall be expedited
by the court and shall be given precedence | 4 | | over all other suits.
| 5 | | The cost of the demolition, repair, enclosure, or removal | 6 | | incurred by
the county, by an intervenor, or by a lien holder | 7 | | of record,
including court costs, attorney's fees, and other | 8 | | costs related to the
enforcement of this Section, is | 9 | | recoverable from the owner or owners of
the real estate or the | 10 | | previous owner or both if the property was transferred
during | 11 | | the 15 day notice period and is a lien on the real estate; the | 12 | | lien is
superior to all prior existing liens and encumbrances, | 13 | | except taxes, if, within
180 days after the repair, | 14 | | demolition, enclosure, or removal, the county,
the lien holder | 15 | | of record, or the intervenor who incurred the cost and expense
| 16 | | shall file a notice of lien for the cost and expense incurred | 17 | | in the office of
the recorder in the county in which the real | 18 | | estate is located or in the office
of the registrar of titles | 19 | | of the county if the real estate affected is
registered under | 20 | | the Registered Titles (Torrens) Act.
| 21 | | The notice must consist of a sworn statement setting out | 22 | | (1) a
description of the real estate sufficient for its | 23 | | identification, (2)
the amount of money representing the cost | 24 | | and expense incurred, and (3) the
date or dates when the cost | 25 | | and expense was incurred by the county,
the lien holder of | 26 | | record, or the intervenor. Upon payment of the cost and
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| 1 | | expense by the owner of or persons interested in the property | 2 | | after the
notice of lien has been filed, the lien shall be | 3 | | released by the
county, the person in whose name the lien has | 4 | | been filed, or the
assignee of the lien, and the release may be | 5 | | filed of record as in the case
of filing notice of lien. Unless | 6 | | the lien is enforced under subsection (b),
the lien may be | 7 | | enforced by foreclosure proceedings as in the case of
mortgage | 8 | | foreclosures under Article XV of the Code of Civil Procedure | 9 | | or
mechanics' lien foreclosures. An action to foreclose this | 10 | | lien
may be commenced at any time after the date of filing of | 11 | | the notice of
lien. The costs of foreclosure incurred by the | 12 | | county, including
court costs, reasonable attorney's fees, | 13 | | advances to preserve the property,
and other costs related to | 14 | | the enforcement of this subsection, plus
statutory interest, | 15 | | are a lien on the real estate and are recoverable by
the county | 16 | | from the owner or owners of the real estate.
| 17 | | All liens arising under this subsection (a) shall be | 18 | | assignable.
The assignee of the lien shall have the same power | 19 | | to enforce the lien
as the assigning party, except that the | 20 | | lien may not be
enforced under subsection (b).
| 21 | | If the appropriate official of any county determines that | 22 | | any
dangerous and unsafe building or uncompleted and abandoned | 23 | | building within
its territory fulfills the requirements for an | 24 | | action by the county
under the Abandoned Housing | 25 | | Rehabilitation Act, the county may
petition under that Act in | 26 | | a proceeding brought under this subsection.
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| 1 | | (b) In any case where a county has obtained a lien under
| 2 | | subsection (a), the county may enforce the lien under
this | 3 | | subsection (b) in the same proceeding in which the lien is | 4 | | authorized.
| 5 | | A county desiring to enforce a lien under this subsection | 6 | | (b) shall
petition the court to retain jurisdiction for | 7 | | foreclosure proceedings under
this subsection. Notice of the | 8 | | petition shall be served, by certified or
registered mail, on | 9 | | all persons who were served notice under subsection (a).
The | 10 | | court shall conduct a hearing on the petition not less than 15
| 11 | | days after the notice is served. If the court determines that | 12 | | the
requirements of this subsection (b) have been satisfied, | 13 | | it shall grant the
petition and retain jurisdiction over the | 14 | | matter until the foreclosure
proceeding is completed. The | 15 | | costs of foreclosure incurred by the
county, including court | 16 | | costs, reasonable attorneys' fees, advances
to preserve the | 17 | | property, and other costs related to the enforcement of
this | 18 | | subsection, plus statutory interest, are a lien on the real | 19 | | estate and
are recoverable by the county from the owner or | 20 | | owners of the real
estate. If the court denies the petition, | 21 | | the county may enforce the
lien in a separate action as | 22 | | provided in subsection (a).
| 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 | 4 | | Procedure applicable to
mortgage foreclosures shall apply to | 5 | | the foreclosure of a lien under
this subsection (b), except to | 6 | | the 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
60 days after the date of entry of the | 11 | | order of foreclosure.
| 12 | | (c) In addition to any other remedy provided by law, the | 13 | | county
board of any county may petition the circuit court to | 14 | | have
property declared abandoned under this subsection (c) if:
| 15 | | (1) the property has been tax delinquent for 2 or more | 16 | | years or bills
for water service for the property have | 17 | | been outstanding for 2 or more years;
| 18 | | (2) the property is unoccupied by persons legally in | 19 | | possession; and
| 20 | | (3) the property's condition impairs public health, | 21 | | safety, or welfare for reasons specified in the petition.
| 22 | | All persons having an interest of record in the property, | 23 | | including tax
purchasers and beneficial owners of any Illinois | 24 | | land trust having title to
the property, shall be named as | 25 | | defendants in the petition and shall be
served with process. | 26 | | In addition, service shall be had under Section
2-206 of the |
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| 1 | | Code of Civil Procedure as in other cases affecting property, | 2 | | including publication in a newspaper that is in circulation in | 3 | | the county in which the action is pending. At least 30 days | 4 | | prior to any declaration of abandonment, the county or its | 5 | | agent shall post a notice not less than 1 foot by 1 foot in | 6 | | size on the front of the subject building or property. The | 7 | | notice shall be dated as of the date of the posting and state | 8 | | that the county is seeking a declaration of abandonment for | 9 | | the property. The notice shall also include the case number | 10 | | for the underlying circuit court petition filed pursuant to | 11 | | this subsection and a notification that the owner should file | 12 | | an appearance in the matter if the property is not abandoned.
| 13 | | The county, however, may proceed under this subsection in | 14 | | a
proceeding brought under subsection (a). Notice of the | 15 | | petition
shall be served by certified or registered mail on | 16 | | all persons 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 | 4 | | notice, the owner of record enters an appearance in the | 5 | | action, or
unless any other person having an interest in the | 6 | | property files with the
court a request to demolish any or all | 7 | | dangerous or unsafe buildings or to put the property
in safe | 8 | | condition.
| 9 | | If the owner of record enters an appearance in the action | 10 | | within the 30
day period, the court shall vacate its order | 11 | | declaring the property
abandoned. In that case, the county may | 12 | | amend its complaint in order
to initiate proceedings under | 13 | | subsection (a).
| 14 | | If a request to demolish any or all dangerous or unsafe | 15 | | buildings or to otherwise put the property in safe condition | 16 | | is filed within the 30
day period, the court shall grant | 17 | | permission to the requesting party to
demolish the building | 18 | | within 30 days or to restore the property to safe
condition | 19 | | within 60 days after the request is granted. An extension of
| 20 | | that period for up to 60 additional days may be given for good | 21 | | cause. If
more than one person with an interest in the property | 22 | | files a timely
request, preference shall be given to the | 23 | | person with the lien or other
interest of the highest | 24 | | priority.
| 25 | | If the requesting party proves to the court that the | 26 | | building has been
demolished or put in a safe condition within |
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| 1 | | the period of time granted by
the court, the court shall issue | 2 | | a quitclaim judicial deed for the
property to the requesting | 3 | | party, conveying only the interest of the owner
of record, | 4 | | upon proof of payment to the county of all costs incurred
by | 5 | | the county in connection with the action, including but not
| 6 | | limited to court costs, attorney's fees, administrative costs, | 7 | | the
costs, if any, associated with property maintenance, and | 8 | | receiver's
certificates. The interest in the property so | 9 | | conveyed shall be subject to
all liens and encumbrances on the | 10 | | property. In addition, if the interest is
conveyed to a person | 11 | | holding a certificate of purchase for the property
under the | 12 | | Property Tax Code, the conveyance shall
be subject to the | 13 | | rights of redemption of all persons entitled to redeem under
| 14 | | that Act, including the original owner of record.
| 15 | | If no person with an interest in the property files a | 16 | | timely request or
if the requesting party fails to demolish | 17 | | the building or put the property
in safe condition within the | 18 | | time specified by the court, the county
may petition the court | 19 | | to issue a judicial deed for the property to the
county or | 20 | | another governmental body designated by the county in the | 21 | | petition. A conveyance by judicial deed shall operate to | 22 | | extinguish
all existing ownership interests in, liens on, and | 23 | | other interest in the
property, including tax liens.
| 24 | | (d) Each county may use the provisions of this subsection | 25 | | to expedite the
removal of certain buildings that are a | 26 | | continuing hazard to the community in
which they are located.
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| 1 | | If the official designated to be
in charge of enforcing | 2 | | the county's building code determines that a
building is open | 3 | | and vacant and an immediate and continuing hazard to the
| 4 | | community in which the building is located, then the official | 5 | | shall be
authorized to post a notice not less than 2 feet by 2 | 6 | | feet in size on the
front of the building. The notice shall be | 7 | | dated as of the date of the
posting and shall state that unless | 8 | | the building is demolished, repaired,
or enclosed, and unless | 9 | | any garbage, debris, and other hazardous, noxious,
or | 10 | | unhealthy substances or materials are removed so that an | 11 | | immediate and
continuing hazard to the community no longer | 12 | | exists, then the building may
be demolished, repaired, or | 13 | | enclosed, or any garbage, debris, and other
hazardous, | 14 | | noxious, or unhealthy substances or materials may be removed, | 15 | | by
the county.
| 16 | | Not later than 30 days following the posting of the | 17 | | notice, the
county shall do both of the following:
| 18 | | (1) Cause to be sent, by certified mail, return | 19 | | receipt requested,
a notice to all owners of
record of the | 20 | | property, the beneficial owners of any Illinois land trust
| 21 | | having title to the property, and all lienholders of | 22 | | record in the property,
stating the intent of the county | 23 | | to demolish,
repair, or enclose the building or remove any | 24 | | garbage, debris, or other
hazardous, noxious, or unhealthy | 25 | | substances or materials if that action is
not taken by the | 26 | | owner or owners.
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| 1 | | (2) Cause to be published, in a newspaper published or | 2 | | circulated in the
county where the building is located, a | 3 | | notice setting forth (i)
the permanent tax index number | 4 | | and the address of the building, (ii) a
statement that the | 5 | | property is open and vacant and constitutes an immediate | 6 | | and
continuing hazard to the community, and (iii) a | 7 | | statement that the county
intends to demolish, repair, or | 8 | | enclose the building or remove any garbage,
debris, or | 9 | | other hazardous, noxious, or unhealthy substances or | 10 | | materials if
the owner or owners or lienholders of record | 11 | | fail to do so. This notice shall
be published for 3 | 12 | | consecutive days.
| 13 | | A person objecting to the proposed actions of the county | 14 | | board may
file his or her objection in an appropriate form in a | 15 | | court of competent
jurisdiction.
| 16 | | If the building is not demolished, repaired, or enclosed, | 17 | | or the garbage,
debris, or other hazardous, noxious, or | 18 | | unhealthy substances or materials are
not removed, within 30 | 19 | | days of mailing the notice to the owners of record,
the | 20 | | beneficial owners of any Illinois land trust having title to | 21 | | the
property, and all lienholders of record in the property, | 22 | | or
within 30 days of the last day of publication of the notice, | 23 | | whichever is
later, the county board shall have the power to | 24 | | demolish, repair, or
enclose the building or to remove any | 25 | | garbage, debris, or other hazardous,
noxious, or unhealthy | 26 | | substances or materials.
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| 1 | | The county may proceed to demolish, repair, or enclose a | 2 | | building
or remove any garbage, debris, or other hazardous, | 3 | | noxious, or unhealthy
substances or materials under this | 4 | | subsection within a 120-day period
following the date of the | 5 | | mailing of the notice if the appropriate official
determines | 6 | | that the demolition, repair, enclosure, or removal of any | 7 | | garbage,
debris, or other hazardous, noxious, or unhealthy | 8 | | substances or materials is
necessary to remedy the immediate | 9 | | and continuing hazard. If, however, before
the county proceeds | 10 | | with any of the actions authorized by this
subsection, any | 11 | | person has sought a hearing under this subsection before a
| 12 | | court and has served a copy of the complaint on the chief | 13 | | executive officer of
the county, then the county shall not | 14 | | proceed with the demolition,
repair, enclosure, or removal of | 15 | | garbage, debris, or other substances until the
court | 16 | | determines that that action is necessary to remedy the hazard | 17 | | and issues
an order authorizing the county to do so.
| 18 | | The county must maintain documentation submitted from a | 19 | | contractor on the disposal of any demolition debris, clean or | 20 | | general, or uncontaminated soil generated during the | 21 | | demolition, repair, or enclosure of a building for a period of | 22 | | 3 years identifying the hauler, generator, place of origin of | 23 | | the debris or soil, the weight or volume of the debris or soil, | 24 | | and the location, owner, and operator of the facility where | 25 | | the debris or soil was transferred, disposed, recycled, or | 26 | | treated. The documentation required by this paragraph does not |
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| 1 | | apply to a permitted pollution control facility that transfers | 2 | | or accepts construction or demolition debris, clean or | 3 | | general, or uncontaminated soil for final disposal, recycling, | 4 | | or treatment. | 5 | | Following the demolition, repair, or enclosure of a | 6 | | building, or the
removal of garbage, debris, or other | 7 | | hazardous, noxious, or unhealthy
substances or materials under | 8 | | this subsection, the county may file a
notice of lien against | 9 | | the real estate for the cost of the demolition,
repair, | 10 | | enclosure, or removal within 180 days after the repair, | 11 | | demolition,
enclosure, or removal occurred, for the cost and | 12 | | expense incurred, in the
office of the recorder in the county | 13 | | in which the real estate is located or
in the office of the | 14 | | registrar of titles of the county if the real estate
affected | 15 | | is registered under the Registered Titles (Torrens) Act. The
| 16 | | notice of lien shall consist of a sworn statement setting | 17 | | forth (i) a
description of the real estate, such as the address | 18 | | or other description of
the property, sufficient for its | 19 | | identification; (ii) the expenses incurred
by the county in | 20 | | undertaking the remedial actions authorized under
this | 21 | | subsection; (iii) the date or dates the expenses were incurred | 22 | | by
the county; (iv) a statement by the official
responsible | 23 | | for enforcing the building code that the building was open and
| 24 | | vacant and constituted an immediate and continuing hazard
to | 25 | | the community; (v) a statement by the official that the
| 26 | | required sign was posted on the building, that notice was sent |
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| 1 | | by certified
mail to the owners of record, and that notice was | 2 | | published in accordance
with this subsection; and (vi) a | 3 | | statement as to when and where the notice
was published. The | 4 | | lien authorized by this subsection may thereafter be
released | 5 | | or enforced by the county as provided in subsection (a).
| 6 | | (e) In any case where a county has obtained a lien under | 7 | | subsection (a),
the county may also bring an action for a money | 8 | | judgment against the owner or
owners of the real estate in the | 9 | | amount of the lien in the same manner as
provided for bringing | 10 | | causes of action in Article II of the Code of Civil
Procedure | 11 | | and, upon obtaining a judgment, file a judgment lien against | 12 | | all of
the real estate of the owner or owners and enforce that | 13 | | lien as provided for in
Article XII of the Code of Civil | 14 | | Procedure. | 15 | | (f) In addition to any other remedy provided by law, if a | 16 | | county finds that within a residential property of 1 acre or | 17 | | less there is an accumulation or concentration of: garbage; | 18 | | organic materials in an active state of decomposition | 19 | | including, but not limited to, carcasses, food waste, or other | 20 | | spoiled or rotting materials; human or animal waste; debris; | 21 | | or other hazardous, noxious, or unhealthy substances or | 22 | | materials, which present an immediate threat to the public | 23 | | health or safety or the health and safety of the occupants of | 24 | | the property, the county may, without any administrative | 25 | | procedure to bond, petition the court for immediate injunctive | 26 | | relief to abate or cause the abatement of the condition that is |
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| 1 | | causing the threat to health or safety, including an order | 2 | | causing the removal of any unhealthy or unsafe accumulations | 3 | | or concentrations of the material or items listed in this | 4 | | subsection from the structure or property. The county shall | 5 | | file with the circuit court in which the property is located a | 6 | | petition for an order authorizing the abatement of the | 7 | | condition that is causing the threat to health or safety. A | 8 | | hearing on the petition shall be set within 5 days, not | 9 | | including weekends or holidays, from the date of filing. To | 10 | | provide notice of such hearing, the county shall make every | 11 | | effort to serve the property's owners of record with the | 12 | | petition and summons and, if such service cannot be had, shall | 13 | | provide an affidavit to the court at the hearing showing the | 14 | | service could not be had and the efforts taken to locate and | 15 | | serve the owners of record. The county shall also post a sign | 16 | | at the property notifying all persons of the court proceeding. | 17 | | Following the abatement actions, the county may file a notice | 18 | | of lien for the cost and expense of actions taken under this | 19 | | subsection as provided in subsection (a).
| 20 | | (Source: P.A. 101-200, eff. 1-1-20; 102-363, eff. 1-1-22 .)
| 21 | | Section 15. The Illinois Municipal Code is amended by | 22 | | changing Section 11-31-1 as follows:
| 23 | | (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
| 24 | | Sec. 11-31-1. Demolition, repair, enclosure, or |
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| 1 | | remediation.
| 2 | | (a) The corporate authorities of each municipality may | 3 | | demolish, repair,
or enclose or cause the demolition, repair, | 4 | | or enclosure of
dangerous and unsafe buildings or uncompleted | 5 | | and abandoned buildings
within the territory of the | 6 | | municipality and may remove or cause the
removal of garbage, | 7 | | debris, and other hazardous, noxious, or unhealthy
substances | 8 | | or materials from those buildings. In any county
having | 9 | | adopted by referendum or otherwise a county health department | 10 | | as
provided by Division 5-25 of the Counties Code or its | 11 | | predecessor, the
county board of that county may exercise | 12 | | those powers with regard to
dangerous and unsafe buildings or | 13 | | uncompleted and abandoned buildings
within the territory of | 14 | | any city, village, or incorporated town having less
than | 15 | | 50,000 population.
| 16 | | The corporate authorities shall apply to the circuit court | 17 | | of the county
in which the building is located (i) for an order | 18 | | authorizing action to
be taken with respect to a building if | 19 | | the owner or owners of the building,
including the lien | 20 | | holders of record, after at least 15 days' written
notice by | 21 | | mail so to do, have failed to put the building in a safe
| 22 | | condition or to demolish it or (ii) for an order requiring the | 23 | | owner or
owners of record to demolish, repair, or enclose the | 24 | | building or to remove
garbage, debris, and other hazardous, | 25 | | noxious, or unhealthy substances or
materials from the | 26 | | building. It is not a defense to the cause of action
that the |
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| 1 | | building is boarded up or otherwise enclosed, although the | 2 | | court
may order the defendant to have the building boarded up | 3 | | or otherwise
enclosed. Where, upon diligent search, the | 4 | | identity or whereabouts of the
owner or owners of the | 5 | | building, including the lien holders of record,
is not | 6 | | ascertainable, notice mailed to the person or persons in whose | 7 | | name
the real estate was last assessed is sufficient notice | 8 | | under this Section.
| 9 | | The hearing upon the application to the circuit court | 10 | | shall be expedited
by the court and shall be given precedence | 11 | | over all other suits.
Any person entitled to bring an action | 12 | | under subsection (b) shall have
the right to intervene in an | 13 | | action brought under this Section.
| 14 | | The cost of the demolition, repair, enclosure, or removal | 15 | | incurred by
the municipality, by an intervenor, or by a lien | 16 | | holder of record,
including court costs, attorney's fees, and | 17 | | other costs related to the
enforcement of this Section, is | 18 | | recoverable from the owner or owners of
the real estate or the | 19 | | previous owner or both if the property was transferred
during | 20 | | the 15 day notice period and is a lien on the real estate; the | 21 | | lien is
superior to all prior existing liens and encumbrances, | 22 | | except taxes, if, within
180 days after the repair, | 23 | | demolition, enclosure, or removal, the municipality,
the lien | 24 | | holder of record, or the intervenor who incurred the cost and | 25 | | expense
shall file a notice of lien for the cost and expense | 26 | | incurred in the office of
the recorder in the county in which |
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| 1 | | the real estate is located or in the office
of the registrar of | 2 | | titles of the county if the real estate affected is
registered | 3 | | under the 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 | 6 | | identification, (2)
the amount of money representing the cost | 7 | | and expense incurred, and (3) the
date or dates when the cost | 8 | | and expense was incurred by the municipality,
the lien holder | 9 | | of record, or the intervenor. Upon payment of the cost and
| 10 | | expense by the owner of or persons interested in the property | 11 | | after the
notice of lien has been filed, the lien shall be | 12 | | released by the
municipality, the person in whose name the | 13 | | lien has been filed, or the
assignee of the lien, and the | 14 | | release may be filed of record as in the case
of filing notice | 15 | | of lien. Unless the lien is enforced under subsection (c),
the | 16 | | lien may be enforced by foreclosure proceedings as in the case | 17 | | of
mortgage foreclosures under Article XV of the Code of Civil | 18 | | Procedure or
mechanics' lien foreclosures. An action to | 19 | | foreclose this lien
may be commenced at any time after the date | 20 | | of filing of the notice of
lien. The costs of foreclosure | 21 | | incurred by the municipality, including
court costs, | 22 | | reasonable attorney's fees, advances to preserve the property,
| 23 | | and other costs related to the enforcement of this subsection, | 24 | | plus
statutory interest, are a lien on the real estate and are | 25 | | recoverable by
the municipality from the owner or owners of | 26 | | the real estate.
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| 1 | | All liens arising under this subsection (a) 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 | | If the appropriate official of any municipality determines | 6 | | that any
dangerous and unsafe building or uncompleted and | 7 | | abandoned building within
its territory fulfills the | 8 | | requirements for an action by the municipality
under the | 9 | | Abandoned Housing Rehabilitation Act, the municipality may
| 10 | | petition under that Act in a proceeding brought under this | 11 | | subsection.
| 12 | | (b) Any owner or tenant of real property within 1200 feet | 13 | | in any
direction of any dangerous or unsafe building located | 14 | | within the territory
of a municipality with a population of | 15 | | 500,000 or more may file with the
appropriate municipal | 16 | | authority a request that the municipality apply to
the circuit | 17 | | court of the county in which the building is located for an
| 18 | | order permitting the demolition, removal of garbage, debris, | 19 | | and other
noxious or unhealthy substances and materials from, | 20 | | or repair or enclosure of
the building in the manner | 21 | | prescribed in subsection (a) of this Section.
If the | 22 | | municipality fails to institute an action in circuit court | 23 | | within 90
days after the filing of the request, the owner or | 24 | | tenant of real property
within 1200 feet in any direction of | 25 | | the building may institute an action
in circuit court seeking | 26 | | an order compelling the owner or owners of record
to demolish, |
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| 1 | | remove garbage, debris, and other noxious or unhealthy
| 2 | | substances and materials from, repair or enclose or to cause | 3 | | to be
demolished, have garbage, debris, and other noxious or | 4 | | unhealthy substances
and materials removed from, repaired, or | 5 | | enclosed the building in question.
A private owner or tenant | 6 | | who institutes an action under the preceding sentence
shall | 7 | | not be required to pay any fee to the clerk of the circuit | 8 | | court.
The cost of repair, removal, demolition, or enclosure | 9 | | shall be borne by
the owner or owners of record of the | 10 | | building. In the event the owner or
owners of record fail to | 11 | | demolish, remove garbage, debris, and other noxious
or | 12 | | unhealthy substances and materials from, repair, or enclose | 13 | | the building
within 90 days of the date the court entered its | 14 | | order, the owner or tenant
who instituted the action may | 15 | | request that the court join the municipality
as a party to the | 16 | | action. The court may order the municipality to demolish,
| 17 | | remove materials from, repair, or enclose the building, or | 18 | | cause that action to
be taken upon the request of any owner or | 19 | | tenant who instituted the action or
upon the municipality's | 20 | | request. The municipality may file, and the court may
approve, | 21 | | a plan for rehabilitating the building in question. A court | 22 | | order
authorizing the municipality to demolish, remove | 23 | | materials from, repair, or
enclose a building, or cause that | 24 | | action to be taken, shall not preclude the
court from | 25 | | adjudging the owner or owners of record of the building in | 26 | | contempt
of court due to the failure to comply with the order |
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| 1 | | to demolish, remove
garbage, debris, and other noxious or | 2 | | unhealthy substances and materials from,
repair, or enclose | 3 | | the building.
| 4 | | If a municipality or a person or persons other than the | 5 | | owner or
owners of record pay the cost of demolition, removal | 6 | | of garbage, debris, and
other noxious or unhealthy substances | 7 | | and materials, repair, or enclosure
pursuant to a court order, | 8 | | the cost, including court costs, attorney's fees,
and other | 9 | | costs related to the enforcement of this subsection, is
| 10 | | recoverable from the owner or owners of the real estate and is | 11 | | a lien
on the real estate; the lien is superior to all prior | 12 | | existing liens and
encumbrances, except taxes, if, within 180 | 13 | | days after the
repair, removal, demolition, or enclosure, the | 14 | | municipality or the person or
persons who paid the costs of | 15 | | demolition, removal, repair, or enclosure
shall file a notice | 16 | | of lien of the cost and expense incurred in the office
of the | 17 | | recorder in the county in which the real estate is located or | 18 | | in the
office of the registrar of the county if the real estate | 19 | | affected is
registered under the Registered Titles (Torrens) | 20 | | Act. The notice shall be
in a form as is provided in subsection | 21 | | (a). An owner or tenant who
institutes an action in circuit | 22 | | court seeking an order to compel the owner
or owners of record | 23 | | to demolish, remove materials from, repair, or enclose any
| 24 | | dangerous or unsafe building, or to cause that action to be | 25 | | taken under this
subsection may recover court costs and | 26 | | reasonable attorney's fees for
instituting the action from the |
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| 1 | | owner or owners of record of the building.
Upon payment of the | 2 | | costs and expenses by the owner of or a person
interested in | 3 | | the property after the notice of lien has been filed, the
lien | 4 | | shall be released by the municipality or the person in whose | 5 | | name the
lien has been filed or his or her assignee, and the | 6 | | release may be filed of
record as in the case of filing a | 7 | | notice of lien. Unless the lien is
enforced under subsection | 8 | | (c), the lien may be enforced by foreclosure
proceedings as in | 9 | | the case of mortgage foreclosures under Article XV of the
Code | 10 | | of Civil Procedure or mechanics' lien foreclosures. An action | 11 | | to
foreclose this lien may be commenced at any time after the | 12 | | date of filing
of the notice of lien. The costs of foreclosure | 13 | | incurred by the
municipality, including court costs, | 14 | | reasonable attorneys' fees, advances
to preserve the property, | 15 | | and other costs related to the enforcement of
this subsection, | 16 | | plus statutory interest, are a lien on the real estate
and are | 17 | | recoverable by the municipality from the owner or owners of | 18 | | the
real estate.
| 19 | | All liens arising under the terms of this subsection (b) | 20 | | shall be
assignable. The assignee of the lien shall have the | 21 | | same power to
enforce the lien as the assigning party, except | 22 | | that the lien may not be
enforced under subsection (c).
| 23 | | (c) In any case where a municipality has obtained a lien | 24 | | under
subsection (a), (b), or (f), the municipality may | 25 | | enforce the
lien
under
this subsection (c) in the same | 26 | | proceeding in which the lien is authorized.
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| 1 | | A municipality desiring to enforce a lien under this | 2 | | subsection (c) shall
petition the court to retain jurisdiction | 3 | | for foreclosure proceedings under
this subsection. Notice of | 4 | | the petition shall be served, by certified or
registered mail, | 5 | | on all persons who were served notice under subsection
(a), | 6 | | (b), or (f). The court shall conduct a hearing on the petition | 7 | | not
less than 15
days after the notice is served. If the court | 8 | | determines that the
requirements of this subsection (c) have | 9 | | been satisfied, it shall grant the
petition and retain | 10 | | jurisdiction over the matter until the foreclosure
proceeding | 11 | | is completed. The costs of foreclosure incurred by the
| 12 | | municipality, including court costs, reasonable attorneys' | 13 | | fees, advances
to preserve the property, and other costs | 14 | | related to the enforcement of
this subsection, plus statutory | 15 | | interest, are a lien on the real estate and
are recoverable by | 16 | | the municipality from the owner or owners of the real
estate. | 17 | | If the court denies the petition, the municipality may enforce | 18 | | the
lien in a separate action as provided in subsection (a), | 19 | | (b), or
(f).
| 20 | | All persons designated in Section 15-1501 of the Code of | 21 | | Civil Procedure
as necessary parties in a mortgage foreclosure | 22 | | action shall be joined as
parties before issuance of an order | 23 | | of foreclosure. Persons designated
in Section 15-1501 of the | 24 | | Code of Civil Procedure as permissible parties
may also be | 25 | | joined as parties in the action.
| 26 | | The provisions of Article XV of the Code of Civil |
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| 1 | | Procedure applicable to
mortgage foreclosures shall apply to | 2 | | the foreclosure of a lien under
this subsection (c), except to | 3 | | the extent that those provisions are
inconsistent with this | 4 | | subsection. For purposes of foreclosures
of liens under this | 5 | | subsection, however, the redemption period described in
| 6 | | subsection (b) of Section 15-1603 of the Code of Civil | 7 | | Procedure shall end
60 days after the date of entry of the | 8 | | order of foreclosure.
| 9 | | (d) In addition to any other remedy provided by law, the | 10 | | corporate
authorities of any municipality may petition the | 11 | | circuit court to have
property declared abandoned under this | 12 | | subsection (d) if:
| 13 | | (1) the property has been tax delinquent for 2 or more | 14 | | years or bills
for water service for the property have | 15 | | been outstanding for 2 or more years;
| 16 | | (2) the property is unoccupied by persons legally in | 17 | | possession; and
| 18 | | (3) the property's condition impairs public health, | 19 | | safety, or welfare for reasons specified in the petition.
| 20 | | All persons having an interest of record in the property, | 21 | | including tax
purchasers and beneficial owners of any Illinois | 22 | | land trust having title to
the property, shall be named as | 23 | | defendants in the petition and shall be
served with process. | 24 | | In addition, service shall be had under Section
2-206 of the | 25 | | Code of Civil Procedure as in other cases affecting property, | 26 | | including publication in a newspaper that is in circulation in |
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| 1 | | the county in which the action is pending. At least 30 days | 2 | | prior to any declaration of abandonment, the municipality or | 3 | | its agent shall post a notice not less than 1 foot by 1 foot in | 4 | | size on the front of the subject building or property. The | 5 | | notice shall be dated as of the date of the posting and state | 6 | | that the municipality is seeking a declaration of abandonment | 7 | | for the property. The notice shall also include the case | 8 | | number for the underlying circuit court petition filed | 9 | | pursuant to this subsection and a notification that the owner | 10 | | should file an appearance in the matter if the property is not | 11 | | abandoned.
| 12 | | The municipality, however, may proceed under this | 13 | | subsection in a
proceeding brought under subsection (a) or | 14 | | (b). Notice of the petition
shall be served in person or by | 15 | | certified or registered mail on all persons who were
served | 16 | | notice under subsection (a) or (b).
| 17 | | If the municipality proves that the conditions described | 18 | | in this
subsection exist and (i) the owner of record of the | 19 | | property does not enter
an appearance in the action, or, if | 20 | | title to the property is held by an
Illinois land trust, if | 21 | | neither the owner of record nor the owner of the
beneficial | 22 | | interest of the trust enters an appearance, or (ii) if the | 23 | | owner of record or the beneficiary of a land trust, if title to | 24 | | the property is held by an Illinois land trust, enters an | 25 | | appearance and specifically waives his or her rights under | 26 | | this subsection (d), the court
shall declare the property |
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| 1 | | abandoned. Notwithstanding any waiver, the municipality may | 2 | | move to dismiss its petition at any time. In addition, any | 3 | | waiver in a proceeding under this subsection (d) does not | 4 | | serve as a waiver for any other proceeding under law or equity.
| 5 | | If that determination is made, notice shall be sent in | 6 | | person or by certified or
registered mail to all persons | 7 | | having an interest of record in the
property, including tax | 8 | | purchasers and beneficial owners of any Illinois
land trust | 9 | | having title to the property, stating that title to the
| 10 | | property will be transferred to the municipality unless, | 11 | | within 30 days of
the notice, the owner of record or any other | 12 | | person having an interest in the property files with the
court | 13 | | a request to demolish any or all dangerous or unsafe buildings | 14 | | or to put the
building in safe condition, or unless the owner | 15 | | of record enters an appearance and proves that the owner does | 16 | | not intend to abandon the property.
| 17 | | If the owner of record enters an appearance in the action | 18 | | within the 30
day period, but does not at that time file with | 19 | | the court a request to demolish the dangerous or unsafe | 20 | | building or to put the property in safe condition, or | 21 | | specifically waive his or her rights under this subsection | 22 | | (d), the court shall vacate its order declaring the property
| 23 | | abandoned if it determines that the owner of record does not | 24 | | intend to abandon the property. In that case, the municipality | 25 | | may amend its complaint in order
to initiate proceedings under | 26 | | subsection (a), or it may request that the court order the |
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| 1 | | owner to demolish buildings or repair the dangerous or unsafe | 2 | | conditions of the property alleged in the petition or seek the | 3 | | appointment of a receiver or other equitable relief to correct | 4 | | the conditions at the property. The powers and rights of a | 5 | | receiver appointed under this subsection (d) shall include all | 6 | | of the powers and rights of a receiver appointed under Section | 7 | | 11-31-2 of this Code.
| 8 | | If a request to demolish or repair a building or property | 9 | | is filed within the 30
day period, the court shall grant | 10 | | permission to the requesting party to
demolish the building or | 11 | | repair the property within 60 days after the request is | 12 | | 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 safety | 21 | | codes within the period of time granted by
the court, the court | 22 | | shall issue a quitclaim judicial deed for the
property to the | 23 | | requesting party, conveying only the interest of the owner
of | 24 | | record, upon proof of payment to the municipality of all costs | 25 | | incurred
by the municipality in connection with the action, | 26 | | including but not
limited to court costs, attorney's fees, |
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| 1 | | administrative costs, the
costs, if any, associated with | 2 | | property maintenance, and receiver's
certificates. The | 3 | | interest in the property so conveyed shall be subject to
all | 4 | | liens and encumbrances on the property. In addition, if the | 5 | | interest is
conveyed to a person holding a certificate of | 6 | | purchase for the property
under the Property Tax Code, the | 7 | | conveyance shall
be subject to the rights of redemption of all | 8 | | persons entitled to redeem under
that Act, including the | 9 | | original owner of record. If the requesting party is the owner | 10 | | of record and proves to the court that the building has been | 11 | | demolished or put in a safe condition in accordance with the | 12 | | local safety codes within the period of time granted by the | 13 | | court, the court shall dismiss the proceeding under this | 14 | | subsection (d).
| 15 | | If the owner of record has not entered an appearance and | 16 | | proven that the owner did not intend to abandon the property, | 17 | | and if no person with an interest in the property files a | 18 | | timely request or
if the requesting party fails to demolish | 19 | | the building or put the property
in safe condition within the | 20 | | time specified by the court, the municipality
may petition the | 21 | | court to issue a judicial deed for the property to the
| 22 | | municipality or another governmental body designated by the | 23 | | municipality in the petition. A conveyance by judicial deed | 24 | | shall operate to extinguish
all existing ownership interests | 25 | | in, liens on, and other interest in the
property, including | 26 | | tax liens, and shall extinguish the rights and
interests of |
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| 1 | | any and all holders of a bona fide certificate of purchase of | 2 | | the
property for delinquent taxes. Any such bona fide | 3 | | certificate of purchase
holder shall be
entitled to a sale in | 4 | | error as prescribed under Section 21-310 of the Property
Tax | 5 | | 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
they are | 9 | | 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 | 2 | | notice, the
municipality shall do all of the following:
| 3 | | (1) Cause to be sent, by certified mail, return | 4 | | receipt requested,
a Notice to Remediate to all owners of
| 5 | | record of the property, the beneficial owners of any | 6 | | Illinois land trust
having title to the property, and all | 7 | | lienholders of record in the property,
stating the intent | 8 | | of the municipality to demolish,
repair, or enclose the | 9 | | building or remove any garbage, debris, or other
| 10 | | hazardous, noxious, or unhealthy substances or materials | 11 | | if that action is
not 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 | 15 | | index number and the address of the building, (ii) a
| 16 | | statement that the property is open and vacant and | 17 | | constitutes an immediate and
continuing hazard to the | 18 | | community, and (iii) a statement that the municipality
| 19 | | intends to demolish, repair, or enclose the building or | 20 | | remove any garbage,
debris, or other hazardous, noxious, | 21 | | or unhealthy substances or materials if
the owner or | 22 | | owners or lienholders of record fail to do so. This notice | 23 | | shall
be published for 3 consecutive days.
| 24 | | (3) Cause to be recorded the Notice to Remediate | 25 | | mailed under paragraph
(1) in
the office of the recorder | 26 | | in the county in which the real estate is located or
in the
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| 1 | | office of the registrar of titles of the county if the real | 2 | | estate is
registered under the
Registered Title (Torrens) | 3 | | Act.
| 4 | | Any person or persons with a current legal or equitable | 5 | | interest in the
property objecting to the proposed actions of | 6 | | the corporate authorities may
file his or her objection in an | 7 | | appropriate form in a court of competent
jurisdiction.
| 8 | | If the building is not demolished, repaired, or enclosed, | 9 | | or the garbage,
debris, or other hazardous, noxious, or | 10 | | unhealthy substances or materials are
not removed, within 30 | 11 | | days of mailing the notice to the owners of record,
the | 12 | | beneficial owners of any Illinois land trust having title to | 13 | | the
property, and all lienholders of record in the property, | 14 | | or
within 30 days of the last day of publication of the notice, | 15 | | whichever is
later, the corporate authorities shall have the | 16 | | power to demolish, repair, or
enclose the building or to | 17 | | remove any garbage, debris, or other hazardous,
noxious, or | 18 | | unhealthy substances or materials.
| 19 | | The municipality may proceed to demolish, repair, or | 20 | | enclose a building
or remove any garbage, debris, or other | 21 | | hazardous, noxious, or unhealthy
substances or materials under | 22 | | this subsection within a 120-day period
following the date of | 23 | | the mailing of the notice if the appropriate official
| 24 | | determines that the demolition, repair, enclosure, or removal | 25 | | of any garbage,
debris, or other hazardous, noxious, or | 26 | | unhealthy substances or materials is
necessary to remedy the |
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| 1 | | immediate and continuing hazard. If, however, before
the | 2 | | municipality proceeds with any of the actions authorized by | 3 | | this
subsection, any person with a legal or equitable interest | 4 | | in the property has
sought a hearing under this subsection | 5 | | before a
court and has served a copy of the complaint on the | 6 | | chief executive officer of
the municipality, then the | 7 | | municipality shall not proceed with the demolition,
repair, | 8 | | enclosure, or removal of garbage, debris, or other substances | 9 | | until the
court determines that that action is necessary to | 10 | | remedy the hazard and issues
an order authorizing the | 11 | | municipality to do so.
If the court dismisses the action for | 12 | | want of prosecution, the municipality
must send the objector a | 13 | | copy of the dismissal
order and a letter stating that the | 14 | | demolition, repair, enclosure, or
removal of garbage, debris, | 15 | | or other substances will proceed unless, within 30
days after | 16 | | the copy of the order and the letter are mailed, the
objector
| 17 | | moves to vacate the dismissal and serves a
copy of the
motion | 18 | | on the chief executive officer of the municipality. | 19 | | Notwithstanding
any other law to the contrary, if the objector | 20 | | does not file a motion and give
the required notice, if the | 21 | | motion is denied by the court, or if the action is
again | 22 | | dismissed for want of prosecution, then the dismissal is with | 23 | | prejudice
and the demolition, repair, enclosure, or removal | 24 | | may proceed forthwith.
| 25 | | The municipality must maintain documentation submitted | 26 | | from a contractor on the disposal of any demolition debris, |
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| 1 | | clean or general, or uncontaminated soil generated during the | 2 | | demolition, repair, or enclosure of a building for a period of | 3 | | 3 years identifying the hauler, generator, place of origin of | 4 | | the debris or soil, the weight or volume of the debris or soil, | 5 | | and the location, owner, and operator of the facility where | 6 | | the debris or soil was transferred, disposed, recycled, or | 7 | | treated. The documentation required by this paragraph does not | 8 | | apply to a permitted pollution control facility that transfers | 9 | | or accepts construction or demolition debris, clean or | 10 | | general, or uncontaminated soil for final disposal, recycling, | 11 | | or treatment. | 12 | | Following the demolition, repair, or enclosure of a | 13 | | building, or the
removal of garbage, debris, or other | 14 | | hazardous, noxious, or unhealthy
substances or materials under | 15 | | this subsection, the municipality may file a
notice of lien | 16 | | against the real estate for the cost of the demolition,
| 17 | | repair, enclosure, or removal within 180 days after the | 18 | | repair, demolition,
enclosure, or removal occurred, for the | 19 | | cost and expense incurred, in the
office of the recorder in the | 20 | | county in which the real estate is located or
in the office of | 21 | | the registrar of titles of the county if the real estate
| 22 | | affected is registered under the Registered Titles (Torrens) | 23 | | Act; this
lien has priority over the interests of those | 24 | | parties named in the
Notice to
Remediate mailed under | 25 | | paragraph (1), but not over the interests of third party
| 26 | | purchasers
or encumbrancers for value who obtained their |
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| 1 | | interests in the property before
obtaining
actual or | 2 | | constructive notice of the lien.
The
notice of lien shall | 3 | | consist of a sworn statement setting forth (i) a
description | 4 | | of the real estate, such as the address or other description of
| 5 | | the property, sufficient for its identification; (ii) the | 6 | | expenses incurred
by the municipality in undertaking the | 7 | | remedial actions authorized under
this subsection; (iii) the | 8 | | date or dates the expenses were incurred by
the municipality; | 9 | | (iv) a statement by the corporate official
responsible for | 10 | | enforcing the building code that the building was open and
| 11 | | vacant and constituted an immediate and continuing hazard
to | 12 | | the community; (v) a statement by the corporate official that | 13 | | the
required sign was posted on the building, that notice was | 14 | | sent by certified
mail to the owners of record, and that notice | 15 | | was published in accordance
with this subsection; and (vi) a | 16 | | statement as to when and where the notice
was published. The | 17 | | lien authorized by this subsection may thereafter be
released | 18 | | or enforced by the municipality as provided in subsection (a).
| 19 | | (f) The corporate authorities of each municipality may | 20 | | remove or cause the
removal of, or otherwise environmentally | 21 | | remediate hazardous substances and
petroleum products on, in,
| 22 | | or under any abandoned and unsafe property within the | 23 | | territory of a
municipality. In addition, where preliminary | 24 | | evidence indicates the presence
or likely presence of a | 25 | | hazardous substance or a petroleum product or a release
or a | 26 | | substantial
threat of a release of a hazardous substance or a |
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| 1 | | petroleum product on, in, or
under the property, the
corporate | 2 | | authorities of the municipality may inspect the property and | 3 | | test for
the presence or release of hazardous substances and | 4 | | petroleum products. In any
county having adopted
by referendum | 5 | | or otherwise a county health department as provided by | 6 | | Division
5-25 of the Counties Code or its predecessor, the | 7 | | county board of that county
may exercise the above-described | 8 | | powers with regard to property within the
territory of any | 9 | | city, village, or incorporated town having less than 50,000
| 10 | | population.
| 11 | | For purposes of this subsection (f):
| 12 | | (1) "property" or "real estate" means all real | 13 | | property, whether or
not improved by a structure;
| 14 | | (2) "abandoned" means;
| 15 | | (A) the property has been tax delinquent for 2 or | 16 | | more years;
| 17 | | (B) the property is unoccupied by persons legally | 18 | | in possession; and
| 19 | | (3) "unsafe" means property that presents an actual or | 20 | | imminent
threat to public health and safety caused by
the | 21 | | release of hazardous substances; and
| 22 | | (4) "hazardous substances" means the same as in | 23 | | Section 3.215 of the
Environmental Protection Act.
| 24 | | The corporate authorities shall apply to the circuit court | 25 | | of the county in
which the property is located (i) for an order | 26 | | allowing the municipality to
enter the property and inspect |
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| 1 | | and test substances on, in, or under
the property; or (ii) for | 2 | | an order authorizing the
corporate authorities to take action | 3 | | with respect to remediation of the
property if conditions on | 4 | | the property, based on the inspection and testing
authorized | 5 | | in paragraph (i), indicate the presence of hazardous | 6 | | substances or
petroleum products.
Remediation shall be deemed
| 7 | | complete for purposes of
paragraph (ii) above when the | 8 | | property satisfies Tier
I,
II, or
III
remediation objectives | 9 | | for the property's most recent usage, as established by
the | 10 | | Environmental Protection Act, and the rules and regulations | 11 | | promulgated
thereunder. Where, upon diligent search, the | 12 | | identity or whereabouts of the
owner or owners of the | 13 | | property, including the lien holders of record, is not
| 14 | | ascertainable, notice mailed to the person or persons in whose | 15 | | name the real
estate was last assessed is sufficient notice | 16 | | under this Section.
| 17 | | The court shall grant an order authorizing testing under | 18 | | paragraph (i) above
upon a
showing of preliminary evidence | 19 | | indicating the presence or likely presence of a
hazardous | 20 | | substance or a petroleum product or a release of
or a | 21 | | substantial threat of a release of a hazardous substance or a | 22 | | petroleum
product on, in, or under
abandoned property. The | 23 | | preliminary evidence may include, but is not limited
to, | 24 | | evidence of prior use, visual site inspection, or records of | 25 | | prior
environmental investigations. The testing authorized by | 26 | | paragraph (i) above
shall include any type of investigation |
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| 1 | | which is necessary for an environmental
professional to | 2 | | determine the environmental condition of the property,
| 3 | | including but not limited to performance of soil borings and | 4 | | groundwater
monitoring. The court shall grant a remediation | 5 | | order under paragraph (ii)
above where testing of the property | 6 | | indicates that it fails to meet the
applicable remediation | 7 | | objectives. The hearing upon the application to the
circuit | 8 | | court shall be expedited by the court and shall be given | 9 | | precedence
over
all other suits.
| 10 | | The cost of the inspection, testing, or remediation | 11 | | incurred by the
municipality or by a lien holder of record, | 12 | | including court costs, attorney's
fees, and other costs | 13 | | related to the enforcement of this Section,
is a lien on the | 14 | | real estate; except that in any instances where a
municipality
| 15 | | incurs costs
of inspection and testing but finds no hazardous | 16 | | substances or petroleum
products on the property
that present | 17 | | an actual or imminent
threat to public health and safety, such | 18 | | costs are not recoverable from the
owners nor are such costs a | 19 | | lien on the real estate. The lien is superior to
all prior | 20 | | existing liens and encumbrances, except taxes and any lien | 21 | | obtained
under subsection (a) or (e), if, within 180 days | 22 | | after the completion of the
inspection, testing, or | 23 | | remediation, the municipality or the lien holder of
record who
| 24 | | incurred the cost and expense shall file a notice of lien for | 25 | | the cost and
expense incurred in the office of the recorder in | 26 | | the 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 | | affected is registered under the Registered Titles (Torrens)
| 3 | | Act.
| 4 | | The notice must consist of a sworn statement setting out | 5 | | (i) a description of
the real estate sufficient for its | 6 | | identification, (ii) the amount of money
representing the cost | 7 | | and expense incurred, and (iii) the date or dates when
the
cost | 8 | | and expense was incurred by the municipality or the lien | 9 | | holder of record.
Upon payment of the lien amount by the owner | 10 | | of or persons interested in the
property after the notice of | 11 | | lien has been filed, a release of lien shall be
issued by the | 12 | | municipality, the person in whose name the lien has been | 13 | | filed,
or the assignee of the lien, and the release may be | 14 | | filed of record as in the
case of filing notice of lien.
| 15 | | The lien may be enforced under subsection (c) or by | 16 | | foreclosure proceedings
as
in the case of mortgage | 17 | | foreclosures under Article XV of the Code of Civil
Procedure | 18 | | or mechanics' lien foreclosures; provided that where the lien | 19 | | is
enforced by foreclosure under subsection (c) or under | 20 | | either statute, the
municipality may
not proceed against the | 21 | | other assets of the owner or owners of the real estate
for any | 22 | | costs that otherwise would be recoverable under this Section | 23 | | but that
remain unsatisfied after foreclosure except where | 24 | | such additional recovery is
authorized by separate | 25 | | environmental laws. An action to foreclose this lien
may be | 26 | | commenced at any time after the date of filing of the notice of |
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| 1 | | lien.
The costs of foreclosure incurred by the municipality, | 2 | | including court costs,
reasonable attorney's fees, advances to | 3 | | preserve the property, and other costs
related to the | 4 | | enforcement of this subsection, plus statutory interest, are a
| 5 | | lien on the real estate.
| 6 | | All liens arising under this subsection (f) shall be | 7 | | assignable. The
assignee of the lien shall have the same power | 8 | | to enforce the lien as the
assigning party, except that the | 9 | | lien may not be enforced under subsection
(c).
| 10 | | (g) In any case where a municipality has obtained a lien | 11 | | under subsection
(a), the municipality may also bring an | 12 | | action for a money judgment against the
owner or owners of the | 13 | | real estate in the amount of the lien in the same manner
as | 14 | | provided for bringing causes of action in Article II of the | 15 | | Code of Civil
Procedure and, upon obtaining a judgment, file a | 16 | | judgment lien against all of
the real estate of the owner or | 17 | | owners and enforce that lien as provided for in
Article XII of | 18 | | the Code of Civil Procedure.
| 19 | | (Source: P.A. 102-363, eff. 1-1-22 .)
| 20 | | Section 99. Effective date. This Act takes effect upon | 21 | | becoming law.".
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