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Illinois Compiled Statutes
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MUNICIPALITIES (65 ILCS 5/) Illinois Municipal Code. 65 ILCS 5/11-29.3-1
(65 ILCS 5/11-29.3-1) (from Ch. 24, par. 11-29.3-1)
Sec. 11-29.3-1.
It being considered essential to the welfare of any
municipality that decent, safe and sanitary housing be provided for senior
citizens; any such municipality shall have the following powers with respect to
senior citizens housing:
(1) To construct, own, manage, acquire, lease, | | purchase, reconstruct, improve, or rehabilitate any real estate or personal property.
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(2) To employ or contract with others for management.
(3) To donate land.
(4) To acquire by any means, including eminent
| | domain, any property deemed necessary and convenient.
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(5) To mortgage real and personal property.
(6) To borrow money, and secure the payment of such
| | borrowing by a pledge of revenue.
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(7) To guarantee the repayment of money borrowed to
| | finance any purpose hereunder.
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(8) To sell or convey real and personal property upon
| | such terms as deemed necessary.
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(9) To accept grants, contributions, and gifts.
(10) To charge rents and fees of residents.
(11) To enter into leases.
(12) To expend municipal funds in the exercise of its
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(13) To make all such contracts as may be necessary
| | in the exercise of its powers hereunder.
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Senior citizen housing shall mean housing where at least 50% of the
tenants are intended to be of age 55 or older.
After the effective date of this amendatory Act of 1994, any municipality,
except for municipalities with a population in excess of 10,000 located within
a county having a population in excess of 2,000,000, may borrow money or
guarantee the repayment of money after the question has been submitted to the
electors of that municipality and has been approved by a majority of the
electors voting upon that question. The clerk shall certify the proposition of
the corporate authorities to the proper election authority who shall submit the
question at an election in accordance with the general election law. The
proposition shall be in substantially the following form:
Shall (name of municipality) be authorized to borrow
| | $(amount) to provide senior citizen housing under Division 29.3 of the Illinois Municipal Code?
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The votes shall be recorded as "Yes" or "No".
No municipality with a population in excess of 10,000 located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money unless it adopts an ordinance declaring its intention to do
so and directs that notice of such intention be published at least once in a
newspaper having a general circulation in the municipality. The notice shall
set forth (1) the intention of the municipality to borrow money or guarantee
the repayment of money; (2) the specific number of voters required to sign a
petition requesting that the proposition to borrow money or guarantee the
repayment of money be submitted to the voters of the municipality; (3) the time
within which a petition must be filed requesting the submission of the
proposition; and (4) the date of the prospective referendum. At the time of
publication of the notice and for 30 days thereafter, the Clerk shall provide a
petition form to any person requesting one. If within 30 days after the
publication a petition is filed with the Clerk, signed by not less than 10% of
the voters of the municipality requesting that the proposition to borrow money
or guarantee the repayment of money be submitted to the voters thereof then the
municipality shall not be authorized to so act until the proposition has been
certified to the proper election authorities and has been submitted to and
approved by a majority of the voters voting on the proposition at any
regularly scheduled election. If no such petition is so filed, or if any
and all petitions filed are invalid, the municipality may proceed to borrow
money or guarantee the repayment of money. In addition to the requirements
of the general election law the notice of the referendum election shall set
forth the intention of the municipality to borrow money or guarantee the
repayment of money under this Division. The proposition shall be in
substantially the following form:
Shall (name of village) be authorized to borrow
| | $(amount) (or guarantee the repayment of $(amount)) to provide senior citizen housing under Division 29.3 of the Illinois Municipal Code?
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The votes shall be recorded as "Yes" or "No".
Notwithstanding the provisions of this Section, municipalities with a
population in excess of 10,000 and less than 15,000 and located within a county
having a population in excess of 2,000,000 may borrow money or guarantee the
repayment of money for new construction of senior citizen housing only after
the question has been submitted to the electors of that municipality and has
been approved by a majority of the electors voting upon that question.
(Source: P.A. 87-1153; 87-1208; 88-45; 88-646, eff. 1-1-95.)
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65 ILCS 5/Art 11 prec Div 30
(65 ILCS 5/Art 11 prec Div 30 heading)
CONTROL OVER BUILDING AND CONSTRUCTION
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65 ILCS 5/Art. 11 Div. 30
(65 ILCS 5/Art. 11 Div. 30 heading)
DIVISION 30.
GENERAL REGULATORY POWERS
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65 ILCS 5/11-30-1
(65 ILCS 5/11-30-1) (from Ch. 24, par. 11-30-1)
Sec. 11-30-1.
The corporate authorities of each municipality may regulate
fences and party walls. Provisions of this act do not apply to railroad
right of way fences which are regulated under Section 57 of the Public
Utilities Act.
(Source: Laws 1965, p. 1027.)
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65 ILCS 5/11-30-2
(65 ILCS 5/11-30-2) (from Ch. 24, par. 11-30-2)
Sec. 11-30-2.
For the purpose of lessening or avoiding the hazards to
persons and damage to property resulting from flooding, the corporate
authorities of each municipality may prescribe rules and regulations for
the construction and alteration of buildings and structures and parts and
appurtenances thereof.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-30-3
(65 ILCS 5/11-30-3) (from Ch. 24, par. 11-30-3)
Sec. 11-30-3.
In order to promote the public health and safety and the
health and safety of the occupants of the premises herein defined, the
corporate authorities may license, locate and regulate the use and
construction of rooming houses. In municipalities of more than 500,000
inhabitants the fee for any license authorized under this Section shall not
exceed the sum of $25 per year.
For the purposes of this section, the term "rooming house" means a
building or portion of a building other than a hotel, motel, apartment
hotel, or residential hotel, in which sleeping accommodations not
constituting an apartment are furnished at a fee for 4 or more persons
ordinarily renting such accommodations at a specified rate for a specified
time, and occupying the premises as a permanent place of abode rather than
on a transient basis for a short term period of occupancy. An apartment is
herein defined as a self-contained unit with private bath and cooking
facilities.
(Source: Laws 1961, p. 2614.)
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65 ILCS 5/11-30-4
(65 ILCS 5/11-30-4) (from Ch. 24, par. 11-30-4)
Sec. 11-30-4.
The corporate authorities of each municipality may prescribe
the strength and manner of constructing all buildings, structures and their
accessories and of the construction of fire escapes thereon.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-30-5
(65 ILCS 5/11-30-5) (from Ch. 24, par. 11-30-5)
Sec. 11-30-5.
In order to promote the public health and safety and the
health and safety of the occupants of the premises herein defined, the
corporate authorities of each municipality may regulate and provide for
supervision of every building, structure or any part thereof used or held
out to the public to be a place where sleeping accommodations are furnished
or maintained for 20 or more persons for a period of one day or more, and
in connection therewith, but not as a limitation thereon, to regulate and
provide for supervision of desk clerks in such buildings or structures.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-30-6
(65 ILCS 5/11-30-6) (from Ch. 24, par. 11-30-6)
Sec. 11-30-6.
The corporate authorities of each municipality may regulate
the lighting of stairs, vestibules, passageways and common ways in premises
containing more than 2 flats or apartments and to require the owner,
lessee, person, firm or corporation having control of such stairs,
vestibules, passageways and common ways to light the same.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-30-7
(65 ILCS 5/11-30-7) (from Ch. 24, par. 11-30-7)
Sec. 11-30-7.
In municipalities of 500,000 or more inhabitants or
municipalities lying wholly or partly within a radius of 30 miles from the
corporate limits of municipalities of 500,000 or more inhabitants, the
corporate authorities may prohibit the erection of buildings for habitation
on any lot or parcel of land within the municipality, unless a highway,
road, street or way for public service facilities improved with water mains
and sanitary sewers is provided to serve the lot or parcel of land.
(Source: Laws 1961, p. 576.)
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65 ILCS 5/11-30-8
(65 ILCS 5/11-30-8) (from Ch. 24, par. 11-30-8)
Sec. 11-30-8.
The corporate authorities may prescribe rules and regulations
for grading and draining of lots and construction of (1) paving for motor
vehicle driveways and parking areas, (2) terraces, (3) retaining walls of
masonry and other materials and for preserving drainage channels in
connection with building improvements or without such improvements.
(Source: Laws 1961, p. 2620.)
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65 ILCS 5/11-30-9
(65 ILCS 5/11-30-9) (from Ch. 24, par. 11-30-9)
Sec. 11-30-9.
The corporate authorities may prescribe rules and regulations for the
construction of privately owned artificial basins of water used for
swimming or wading, which use or need external buttresses or which are dug
into the ground, located on private residential property and intended for
the use of the owner and guests.
The corporate authorities may by ordinance require the construction of
fences around or protective covers over previously constructed artificial
basins of water dug in the
ground and used for swimming or wading, which are located on private
residential property and intended for the use of the owner and guests.
(Source: P.A. 86-1470.)
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65 ILCS 5/11-30-10
(65 ILCS 5/11-30-10)
Sec. 11-30-10.
Municipality of 500,000 or more; landlord compliance
program.
(a) This Section applies only to municipalities having 500,000 or more
inhabitants.
(b) If a person is a legal or beneficial owner of a building containing
rooms
or groups of rooms used or intended to be used as housekeeping units for
living, sleeping, cooking, and eating and rented to persons for those purposes
and if a court or municipal officer or administrative agency of competent
jurisdiction determines that the owner has violated a municipal ordinance or
code that establishes construction, plumbing, heating, electrical, fire
prevention, sanitation, or other health and safety standards that are
applicable to such buildings, then, in addition to any other action authorized
by law, the court, officer, or agency may offer the owner the option of
attending a program designed to encourage the owner's compliance with all
municipal ordinances and codes applicable to such buildings. The municipality
may prepare and present the program or may contract with a public or
private
entity for that purpose. If the owner states to the court, officer, or
agency that he or she intends to attend the program but then does not attend
the
program, then
the court, officer, or agency may impose against the owner a fine of twice
the amount that would have been imposed if the owner had not stated an
intention to attend the program,
except that the total fine may not exceed the maximum amount authorized by
law.
(Source: P.A. 89-599, eff. 8-2-96.)
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65 ILCS 5/Art. 11 Div. 31
(65 ILCS 5/Art. 11 Div. 31 heading)
DIVISION 31. UNSAFE PROPERTY
(Source: P.A. 103-154, eff. 6-30-23.) |
65 ILCS 5/11-31-1
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or remediation.
(a) The corporate authorities of each municipality may demolish, repair,
or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of the municipality and may remove or cause the
removal of garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials from those buildings. In any county
having adopted by referendum or otherwise a county health department as
provided by Division 5-25 of the Counties Code or its predecessor, the
county board of that county may exercise those powers with regard to
dangerous and unsafe buildings or uncompleted and abandoned buildings
within the territory of any city, village, or incorporated town having less
than 50,000 population.
The corporate authorities shall apply to the circuit court of the county
in which the building is located (i) for an order authorizing action to
be taken with respect to a building if the owner or owners of the building,
including the lien holders of record, after at least 15 days' written
notice by mail so to do, have failed to put the building in a safe
condition or to demolish it or (ii) for an order requiring the owner or
owners of record to demolish, repair, or enclose the building or to remove
garbage, debris, and other hazardous, noxious, or unhealthy substances or
materials from the building. It is not a defense to the cause of action
that the building is boarded up or otherwise enclosed, although the court
may order the defendant to have the building boarded up or otherwise
enclosed. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose name
the real estate was last assessed is sufficient notice under this Section.
The hearing upon the application to the circuit court shall be expedited
by the court and shall be given precedence over all other suits.
Any person entitled to bring an action under subsection (b) shall have
the right to intervene in an action brought under this Section.
The cost of the demolition, repair, enclosure, or removal incurred by
the municipality, by an intervenor, or by a lien holder of record,
including court costs, attorney's fees, and other costs related to the
enforcement of this Section, is recoverable from the owner or owners of
the real estate or the previous owner or both if the property was transferred
during the 15 day notice period and is a lien on the real estate; the lien is
superior to all prior existing liens and encumbrances, except taxes, if, within
180 days after the repair, demolition, enclosure, or removal, the municipality,
the lien holder of record, or the intervenor who incurred the cost and expense
shall file a notice of lien for the cost and expense incurred in the office of
the recorder in the county in which the real estate is located or in the office
of the registrar of titles of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act.
The notice must consist of a sworn statement setting out (1) a
description of the real estate sufficient for its identification, (2)
the amount of money representing the cost and expense incurred, and (3) the
date or dates when the cost and expense was incurred by the municipality,
the lien holder of record, or the intervenor. Upon payment of the cost and
expense by the owner of or persons interested in the property after the
notice of lien has been filed, the lien shall be released by the
municipality, the person in whose name the lien has been filed, or the
assignee of the lien, and the release may be filed of record as in the case
of filing notice of lien. Unless the lien is enforced under subsection (c),
the lien may be enforced by foreclosure proceedings as in the case of
mortgage foreclosures under Article XV of the Code of Civil Procedure or
mechanics' lien foreclosures. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the municipality, including
court costs, reasonable attorney's fees, advances to preserve the property,
and other costs related to the enforcement of this subsection, plus
statutory interest, are a lien on the real estate and are recoverable by
the municipality from the owner or owners of the real estate.
All liens arising under this subsection (a) shall be assignable.
The assignee of the lien shall have the same power to enforce the lien
as the assigning party, except that the lien may not be
enforced under subsection (c).
If the appropriate official of any municipality determines that any
dangerous and unsafe building or uncompleted and abandoned building within
its territory fulfills the requirements for an action by the municipality
under the Abandoned Housing Rehabilitation Act, the municipality may
petition under that Act in a proceeding brought under this subsection.
(b) Any owner or tenant of real property within 1200 feet in any
direction of any dangerous or unsafe building located within the territory
of a municipality with a population of 500,000 or more may file with the
appropriate municipal authority a request that the municipality apply to
the circuit court of the county in which the building is located for an
order permitting the demolition, removal of garbage, debris, and other
noxious or unhealthy substances and materials from, or repair or enclosure of
the building in the manner prescribed in subsection (a) of this Section.
If the municipality fails to institute an action in circuit court within 90
days after the filing of the request, the owner or tenant of real property
within 1200 feet in any direction of the building may institute an action
in circuit court seeking an order compelling the owner or owners of record
to demolish, remove garbage, debris, and other noxious or unhealthy
substances and materials from, repair or enclose or to cause to be
demolished, have garbage, debris, and other noxious or unhealthy substances
and materials removed from, repaired, or enclosed the building in question.
A private owner or tenant who institutes an action under the preceding sentence
shall not be required to pay any fee to the clerk of the circuit court.
The cost of repair, removal, demolition, or enclosure shall be borne by
the owner or owners of record of the building. In the event the owner or
owners of record fail to demolish, remove garbage, debris, and other noxious
or unhealthy substances and materials from, repair, or enclose the building
within 90 days of the date the court entered its order, the owner or tenant
who instituted the action may request that the court join the municipality
as a party to the action. The court may order the municipality to demolish,
remove materials from, repair, or enclose the building, or cause that action to
be taken upon the request of any owner or tenant who instituted the action or
upon the municipality's request. The municipality may file, and the court may
approve, a plan for rehabilitating the building in question. A court order
authorizing the municipality to demolish, remove materials from, repair, or
enclose a building, or cause that action to be taken, shall not preclude the
court from adjudging the owner or owners of record of the building in contempt
of court due to the failure to comply with the order to demolish, remove
garbage, debris, and other noxious or unhealthy substances and materials from,
repair, or enclose the building.
If a municipality or a person or persons other than the owner or
owners of record pay the cost of demolition, removal of garbage, debris, and
other noxious or unhealthy substances and materials, repair, or enclosure
pursuant to a court order, the cost, including court costs, attorney's fees,
and other costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate and is a lien
on the real estate; the lien is superior to all prior existing liens and
encumbrances, except taxes, if, within 180 days after the
repair, removal, demolition, or enclosure, the municipality or the person or
persons who paid the costs of demolition, removal, repair, or enclosure
shall file a notice of lien of the cost and expense incurred in the office
of the recorder in the county in which the real estate is located or in the
office of the registrar of the county if the real estate affected is
registered under the Registered Titles (Torrens) Act. The notice shall be
in a form as is provided in subsection (a). An owner or tenant who
institutes an action in circuit court seeking an order to compel the owner
or owners of record to demolish, remove materials from, repair, or enclose any
dangerous or unsafe building, or to cause that action to be taken under this
subsection may recover court costs and reasonable attorney's fees for
instituting the action from the owner or owners of record of the building.
Upon payment of the costs and expenses by the owner of or a person
interested in the property after the notice of lien has been filed, the
lien shall be released by the municipality or the person in whose name the
lien has been filed or his or her assignee, and the release may be filed of
record as in the case of filing a notice of lien. Unless the lien is
enforced under subsection (c), the lien may be enforced by foreclosure
proceedings as in the case of mortgage foreclosures under Article XV of the
Code of Civil Procedure or mechanics' lien foreclosures. An action to
foreclose this lien may be commenced at any time after the date of filing
of the notice of lien. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate
and are recoverable by the municipality from the owner or owners of the
real estate.
All liens arising under the terms of this subsection (b) shall be
assignable. The assignee of the lien shall have the same power to
enforce the lien as the assigning party, except that the lien may not be
enforced under subsection (c).
(c) In any case where a municipality has obtained a lien under
subsection (a), (b), or (f), the municipality may enforce the
lien
under
this subsection (c) in the same proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this subsection (c) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection
(a), (b), or (f). The court shall conduct a hearing on the petition not
less than 15
days after the notice is served. If the court determines that the
requirements of this subsection (c) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. The costs of foreclosure incurred by the
municipality, including court costs, reasonable attorneys' fees, advances
to preserve the property, and other costs related to the enforcement of
this subsection, plus statutory interest, are a lien on the real estate and
are recoverable by the municipality from the owner or owners of the real
estate. If the court denies the petition, the municipality may enforce the
lien in a separate action as provided in subsection (a), (b), or
(f).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties before issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien under
this subsection (c), except to the extent that those provisions are
inconsistent with this subsection. For purposes of foreclosures
of liens under this subsection, however, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(d) In addition to any other remedy provided by law, the corporate
authorities of any municipality may petition the circuit court to have
property declared abandoned under this subsection (d) if:
(1) the property has been tax delinquent for 2 or | | more years or bills for water service for the property have been outstanding for 2 or more years;
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(2) the property is unoccupied by persons legally in
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(3) the property's condition impairs public health,
| | safety, or welfare for reasons specified in the petition.
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All persons having an interest of record in the property, including tax
purchasers and beneficial owners of any Illinois land trust having title to
the property, shall be named as defendants in the petition and shall be
served with process. In addition, service shall be had under Section
2-206 of the Code of Civil Procedure as in other cases affecting property, including publication in a newspaper that is in circulation in the county in which the action is pending. At least 30 days prior to any declaration of abandonment, the municipality or its agent shall post a notice not less than 1 foot by 1 foot in size on the front of the subject building or property. The notice shall be dated as of the date of the posting and state that the municipality is seeking a declaration of abandonment for the property. The notice shall also include the case number for the underlying circuit court petition filed pursuant to this subsection and a notification that the owner should file an appearance in the matter if the property is not abandoned.
The municipality, however, may proceed under this subsection in a
proceeding brought under subsection (a) or (b). Notice of the petition
shall be served in person or by certified or registered mail on all persons who were
served notice under subsection (a) or (b).
If the municipality proves that the conditions described in this
subsection exist and (i) the owner of record of the property does not enter
an appearance in the action, or, if title to the property is held by an
Illinois land trust, if neither the owner of record nor the owner of the
beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, if title to the property is held by an Illinois land trust, enters an appearance and specifically waives his or her rights under this subsection (d), the court
shall declare the property abandoned. Notwithstanding any waiver, the municipality may move to dismiss its petition at any time. In addition, any waiver in a proceeding under this subsection (d) does not serve as a waiver for any other proceeding under law or equity.
If that determination is made, notice shall be sent in person or by certified or
registered mail to all persons having an interest of record in the
property, including tax purchasers and beneficial owners of any Illinois
land trust having title to the property, stating that title to the
property will be transferred to the municipality unless, within 30 days of
the notice, the owner of record or any other person having an interest in the property files with the
court a request to demolish any or all dangerous or unsafe buildings or to put the
building in safe condition, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property.
If the owner of record enters an appearance in the action within the 30
day period, but does not at that time file with the court a request to demolish the dangerous or unsafe building or to put the property in safe condition, or specifically waive his or her rights under this subsection (d), the court shall vacate its order declaring the property
abandoned if it determines that the owner of record does not intend to abandon the property. In that case, the municipality may amend its complaint in order
to initiate proceedings under subsection (a), or it may request that the court order the owner to demolish buildings or repair the dangerous or unsafe conditions of the property alleged in the petition or seek the appointment of a receiver or other equitable relief to correct the conditions at the property. The powers and rights of a receiver appointed under this subsection (d) shall include all of the powers and rights of a receiver appointed under Section 11-31-2 of this Code.
If a request to demolish or repair a building or property is filed within the 30
day period, the court shall grant permission to the requesting party to
demolish the building or repair the property within 60 days after the request is granted. An extension of
that period for up to 60 additional days may be given for good cause. If
more than one person with an interest in the property files a timely
request, preference shall be given to the owner of record if the owner filed a request or, if the owner did not, the person with the lien or other
interest of the highest priority.
If the requesting party (other than the owner of record) proves to the court that the building has been
demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by
the court, the court shall issue a quitclaim judicial deed for the
property to the requesting party, conveying only the interest of the owner
of record, upon proof of payment to the municipality of all costs incurred
by the municipality in connection with the action, including but not
limited to court costs, attorney's fees, administrative costs, the
costs, if any, associated with property maintenance, and receiver's
certificates. The interest in the property so conveyed shall be subject to
all liens and encumbrances on the property. In addition, if the interest is
conveyed to a person holding a certificate of purchase for the property
under the Property Tax Code, the conveyance shall
be subject to the rights of redemption of all persons entitled to redeem under
that Act, including the original owner of record. If the requesting party is the owner of record and proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by the court, the court shall dismiss the proceeding under this subsection (d).
If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, and if no person with an interest in the property files a timely request or
if the requesting party fails to demolish the building or put the property
in safe condition within the time specified by the court, the municipality
may petition the court to issue a judicial deed for the property to the
municipality or another governmental body designated by the municipality in the petition. A conveyance by judicial deed shall operate to extinguish
all existing ownership interests in, liens on, and other interest in the
property, including tax liens, and shall extinguish the rights and
interests of any and all holders of a bona fide certificate of purchase of the
property for delinquent taxes. Any such bona fide certificate of purchase
holder shall be
entitled to a sale in error as prescribed under Section 21-310 of the Property
Tax Code.
(e) Each municipality may use the provisions of this subsection to expedite
the removal
of certain buildings that are a continuing hazard to the community in which
they are located.
If a residential or commercial building is 3 stories or less in height as
defined by the
municipality's building code, and the corporate official designated to be
in charge of enforcing the municipality's building code determines that the
building is open and vacant and an immediate and continuing hazard to the
community in which the building is located, then the official shall be
authorized to post a notice not less than 2 feet by 2 feet in size on the
front of the building. The notice shall be dated as of the date of the
posting and shall state that unless the building is demolished, repaired,
or enclosed, and unless any garbage, debris, and other hazardous, noxious,
or unhealthy substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the building may
be demolished, repaired, or enclosed, or any garbage, debris, and other
hazardous, noxious, or unhealthy substances or materials may be removed, by
the municipality.
Not later than 30 days following the posting of the notice, the
municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return
| | receipt requested, a Notice to Remediate to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the municipality to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if that action is not taken by the owner or owners.
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(2) Cause to be published, in a newspaper published
| | or circulated in the municipality where the building is located, a notice setting forth (i) the permanent tax index number and the address of the building, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and (iii) a statement that the municipality intends to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for 3 consecutive days.
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(3) Cause to be recorded the Notice to Remediate
| | mailed under paragraph (1) in the office of the recorder in the county in which the real estate is located or in the office of the registrar of titles of the county if the real estate is registered under the Registered Title (Torrens) Act.
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Any person or persons with a current legal or equitable interest in the
property objecting to the proposed actions of the corporate authorities may
file his or her objection in an appropriate form in a court of competent
jurisdiction.
If the building is not demolished, repaired, or enclosed, or the garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials are
not removed, within 30 days of mailing the notice to the owners of record,
the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice, whichever is
later, the corporate authorities shall have the power to demolish, repair, or
enclose the building or to remove any garbage, debris, or other hazardous,
noxious, or unhealthy substances or materials.
The municipality may proceed to demolish, repair, or enclose a building
or remove any garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection within a 120-day period
following the date of the mailing of the notice if the appropriate official
determines that the demolition, repair, enclosure, or removal of any garbage,
debris, or other hazardous, noxious, or unhealthy substances or materials is
necessary to remedy the immediate and continuing hazard. If, however, before
the municipality proceeds with any of the actions authorized by this
subsection, any person with a legal or equitable interest in the property has
sought a hearing under this subsection before a
court and has served a copy of the complaint on the chief executive officer of
the municipality, then the municipality shall not proceed with the demolition,
repair, enclosure, or removal of garbage, debris, or other substances until the
court determines that that action is necessary to remedy the hazard and issues
an order authorizing the municipality to do so.
If the court dismisses the action for want of prosecution, the municipality
must send the objector a copy of the dismissal
order and a letter stating that the demolition, repair, enclosure, or
removal of garbage, debris, or other substances will proceed unless, within 30
days after the copy of the order and the letter are mailed, the
objector
moves to vacate the dismissal and serves a
copy of the
motion on the chief executive officer of the municipality. Notwithstanding
any other law to the contrary, if the objector does not file a motion and give
the required notice, if the motion is denied by the court, or if the action is
again dismissed for want of prosecution, then the dismissal is with prejudice
and the demolition, repair, enclosure, or removal may proceed forthwith.
The municipality must maintain documentation submitted from a contractor on the disposal of any demolition debris, clean or general, or uncontaminated soil generated during the demolition, repair, or enclosure of a building for a period of 3 years identifying the hauler, generator, place of origin of the debris or soil, the weight or volume of the debris or soil, and the location, owner, and operator of the facility where the debris or soil was transferred, disposed, recycled, or treated. The documentation required by this paragraph does not apply to a permitted pollution control facility that transfers or accepts construction or demolition debris, clean or general, or uncontaminated soil for final disposal, recycling, or treatment.
Following the demolition, repair, or enclosure of a building, or the
removal of garbage, debris, or other hazardous, noxious, or unhealthy
substances or materials under this subsection, the municipality may file a
notice of lien against the real estate for the cost of the demolition,
repair, enclosure, or removal within 180 days after the repair, demolition,
enclosure, or removal occurred, for the cost and expense incurred, in the
office of the recorder in the county in which the real estate is located or
in the office of the registrar of titles of the county if the real estate
affected is registered under the Registered Titles (Torrens) Act; this
lien has priority over the interests of those parties named in the
Notice to
Remediate mailed under paragraph (1), but not over the interests of third party
purchasers
or encumbrancers for value who obtained their interests in the property before
obtaining
actual or constructive notice of the lien.
The
notice of lien shall consist of a sworn statement setting forth (i) a
description of the real estate, such as the address or other description of
the property, sufficient for its identification; (ii) the expenses incurred
by the municipality in undertaking the remedial actions authorized under
this subsection; (iii) the date or dates the expenses were incurred by
the municipality; (iv) a statement by the corporate official
responsible for enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard
to the community; (v) a statement by the corporate official that the
required sign was posted on the building, that notice was sent by certified
mail to the owners of record, and that notice was published in accordance
with this subsection; and (vi) a statement as to when and where the notice
was published. The lien authorized by this subsection may thereafter be
released or enforced by the municipality as provided in subsection (a).
(f) The corporate authorities of each municipality may remove or cause the
removal of, or otherwise environmentally remediate hazardous substances and
petroleum products on, in,
or under any abandoned and unsafe property within the territory of a
municipality. In addition, where preliminary evidence indicates the presence
or likely presence of a hazardous substance or a petroleum product or a release
or a substantial
threat of a release of a hazardous substance or a petroleum product on, in, or
under the property, the
corporate authorities of the municipality may inspect the property and test for
the presence or release of hazardous substances and petroleum products. In any
county having adopted
by referendum or otherwise a county health department as provided by Division
5-25 of the Counties Code or its predecessor, the county board of that county
may exercise the above-described powers with regard to property within the
territory of any city, village, or incorporated town having less than 50,000
population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
| | property, whether or not improved by a structure;
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(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or
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(B) the property is unoccupied by persons legally
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(3) "unsafe" means property that presents an actual
| | or imminent threat to public health and safety caused by the release of hazardous substances; and
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(4) "hazardous substances" means the same as in
| | Section 3.215 of the Environmental Protection Act.
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The corporate authorities shall apply to the circuit court of the county in
which the property is located (i) for an order allowing the municipality to
enter the property and inspect and test substances on, in, or under
the property; or (ii) for an order authorizing the
corporate authorities to take action with respect to remediation of the
property if conditions on the property, based on the inspection and testing
authorized in paragraph (i), indicate the presence of hazardous substances or
petroleum products.
Remediation shall be deemed
complete for purposes of
paragraph (ii) above when the property satisfies Tier
I,
II, or
III
remediation objectives for the property's most recent usage, as established by
the Environmental Protection Act, and the rules and regulations promulgated
thereunder. Where, upon diligent search, the identity or whereabouts of the
owner or owners of the property, including the lien holders of record, is not
ascertainable, notice mailed to the person or persons in whose name the real
estate was last assessed is sufficient notice under this Section.
The court shall grant an order authorizing testing under paragraph (i) above
upon a
showing of preliminary evidence indicating the presence or likely presence of a
hazardous substance or a petroleum product or a release of
or a substantial threat of a release of a hazardous substance or a petroleum
product on, in, or under
abandoned property. The preliminary evidence may include, but is not limited
to, evidence of prior use, visual site inspection, or records of prior
environmental investigations. The testing authorized by paragraph (i) above
shall include any type of investigation which is necessary for an environmental
professional to determine the environmental condition of the property,
including but not limited to performance of soil borings and groundwater
monitoring. The court shall grant a remediation order under paragraph (ii)
above where testing of the property indicates that it fails to meet the
applicable remediation objectives. The hearing upon the application to the
circuit court shall be expedited by the court and shall be given precedence
over
all other suits.
The cost of the inspection, testing, or remediation incurred by the
municipality or by a lien holder of record, including court costs, attorney's
fees, and other costs related to the enforcement of this Section,
is a lien on the real estate; except that in any instances where a
municipality
incurs costs
of inspection and testing but finds no hazardous substances or petroleum
products on the property
that present an actual or imminent
threat to public health and safety, such costs are not recoverable from the
owners nor are such costs a lien on the real estate. The lien is superior to
all prior existing liens and encumbrances, except taxes and any lien obtained
under subsection (a) or (e), if, within 180 days after the completion of the
inspection, testing, or remediation, the municipality or the lien holder of
record who
incurred the cost and expense shall file a notice of lien for the cost and
expense incurred in the office of the recorder in the county in which the real
estate is located or in the office of the registrar of titles of the county if
the real estate affected is registered under the Registered Titles (Torrens)
Act.
The notice must consist of a sworn statement setting out (i) a description of
the real estate sufficient for its identification, (ii) the amount of money
representing the cost and expense incurred, and (iii) the date or dates when
the
cost and expense was incurred by the municipality or the lien holder of record.
Upon payment of the lien amount by the owner of or persons interested in the
property after the notice of lien has been filed, a release of lien shall be
issued by the municipality, the person in whose name the lien has been filed,
or the assignee of the lien, and the release may be filed of record as in the
case of filing notice of lien.
The lien may be enforced under subsection (c) or by foreclosure proceedings
as
in the case of mortgage foreclosures under Article XV of the Code of Civil
Procedure or mechanics' lien foreclosures; provided that where the lien is
enforced by foreclosure under subsection (c) or under either statute, the
municipality may
not proceed against the other assets of the owner or owners of the real estate
for any costs that otherwise would be recoverable under this Section but that
remain unsatisfied after foreclosure except where such additional recovery is
authorized by separate environmental laws. An action to foreclose this lien
may be commenced at any time after the date of filing of the notice of lien.
The costs of foreclosure incurred by the municipality, including court costs,
reasonable attorney's fees, advances to preserve the property, and other costs
related to the enforcement of this subsection, plus statutory interest, are a
lien on the real estate.
All liens arising under this subsection (f) shall be assignable. The
assignee of the lien shall have the same power to enforce the lien as the
assigning party, except that the lien may not be enforced under subsection
(c).
(g) In any case where a municipality has obtained a lien under subsection
(a), the municipality may also bring an action for a money judgment against the
owner or owners of the real estate in the amount of the lien in the same manner
as provided for bringing causes of action in Article II of the Code of Civil
Procedure and, upon obtaining a judgment, file a judgment lien against all of
the real estate of the owner or owners and enforce that lien as provided for in
Article XII of the Code of Civil Procedure.
(Source: P.A. 102-363, eff. 1-1-22; 102-847, eff. 5-13-22.)
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65 ILCS 5/11-31-1.01 (65 ILCS 5/11-31-1.01)
Sec. 11-31-1.01. Securing or enclosing abandoned residential property. (a) In the case of securing or enclosing an abandoned residential property as defined in Section 11-20-15.1, the municipality may elect to secure or enclose the exterior of a building or the underlying parcel on which it is located under this Section without application to the circuit court, in which case the provisions of Section 11-20-15.1 shall be the exclusive remedy for the recovery of the costs of such activity. (b) For the purposes of this Section: (1) "Secure" or "securing" means boarding up, closing | | off, or locking windows or entrances or otherwise making the interior of a building inaccessible to the general public; and
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| (2) "Enclose" or "enclosing" means surrounding part
| | or all of the abandoned residential property's underlying parcel with a fence or wall or otherwise making part or all of the abandoned residential property's underlying parcel inaccessible to the general public.
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| (c) This Section is repealed upon certification by the Secretary of the Illinois Department of Financial and Professional Regulation, after consultation with the United States Department of Housing and Urban Development, that the Mortgage Electronic Registration System program is effectively registering substantially all mortgaged residential properties located in the State of Illinois, is available for access by all municipalities located in the State of Illinois without charge to them, and such registration includes the telephone number for the mortgage servicer.
(Source: P.A. 96-856, eff. 3-1-10.)
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65 ILCS 5/11-31-1.1
(65 ILCS 5/11-31-1.1) (from Ch. 24, par. 11-31-1.1)
Sec. 11-31-1.1.
No owner of property who held title to the property when
property taxes became delinquent and which taxes were still delinquent at
the time of the foreclosure of a demolition lien by the corporate authorities of a
municipality or the acceptance of a deed of conveyance in lieu of foreclosing
such lien and no person, firm, association, corporation or other entity
related to or associated with any such owner shall within 10 years after
title vests in the municipality reacquire any right, title or interest in
or to such property.
(Source: P.A. 80-1386.)
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65 ILCS 5/11-31-2
(65 ILCS 5/11-31-2) (from Ch. 24, par. 11-31-2)
Sec. 11-31-2.
(a) If the appropriate official of any municipality
determines, upon due investigation, that any building or structure therein
fails to conform to the minimum standards of health and safety as set forth
in the applicable ordinances of such municipality, and the owner or owners
of such building or structure fails, after due notice, to cause such
property so to conform, the municipality may make application to
the circuit court for an injunction requiring compliance with such
ordinances or for such other order as the court may deem necessary or
appropriate to secure such compliance.
If the appropriate official of any municipality determines, upon due
investigation, that any building or structure located within the area
affected by a conservation plan, adopted by the municipality pursuant to
the Urban Community Conservation Act,
fails to conform to the standards and provisions of such plan, and the
owner or owners of such building or structure fails, after due notice, to
cause such property so to conform, the municipality has the power to make
application to the circuit court for an injunction requiring compliance
with such plan or for such other order as the court may deem necessary or
appropriate to secure such compliance.
The hearing upon such suit shall be expedited by the court and shall be
given precedence over all other actions.
If, upon application hereunder, the court orders the appointment of a
receiver to cause such building or structure to conform, such receiver may
use the rents and issues of such property toward maintenance, repair
and rehabilitation of the property prior to and despite any assignment of
rents; and the court may further authorize the receiver to recover the cost
of such maintenance, repair and rehabilitation by the issuance and sale of
notes or receiver's certificates bearing such interest as the court may
fix, and such notes or certificates, after their initial issuance and
transfer by the receiver, shall be freely transferable and when sold or
transferred by the receiver in return for a valuable consideration in
money, material, labor or services, shall be a first lien upon the real
estate and the rents and issues thereof, and shall be superior to all prior
assignments of rents and all prior existing liens and encumbrances, except
taxes; provided, that within 90 days of such sale or transfer for value by
the receiver of such note or certificate, the holder thereof shall file
notice of lien in the office of the recorder in the county in which the
real estate is located, or in the office of the registrar of titles of such
county if the real estate affected is registered under the Registered Titles
(Torrens) Act. The notice of the lien
filed shall set forth (1) a description of the real estate affected
sufficient for the identification thereof, (2) the face amount of the
receiver's note or certificate, together with the interest payable thereon,
and (3) the date when the receiver's note or certificate was sold or
transferred for value by the receiver. Upon payment to the holder of the
receiver's note or certificate of the face amount thereof together with any
interest thereon to such date of payment, and upon the filing of record of
a sworn statement of such payment, the lien of such certificate shall be
released. Unless the lien is enforced pursuant to subsection (b), the lien
may be enforced by proceedings to foreclose as in the case of mortgages or
mechanics' liens, and such action to foreclose such lien may be commenced
at any time after the date of default. For the purposes of this subsection
(a), the date of default shall be deemed to occur 90 days from the date of
issuance of the receiver's certificate if at that time the certificate
remains unpaid in whole or in part.
In the event a receiver appointed under this subsection (a) completes a
feasibility study which study finds that the property cannot be economically
brought into compliance with the minimum standards of health and safety as set
forth in the applicable ordinances of the municipality, the receiver may
petition the court for reimbursement for the cost of the feasibility study from
the receivership feasibility study and fee fund. The court shall review the
petition and authorize reimbursement from the fund to the receiver if the court
finds that the findings in the feasibility report are reasonable, that the fee
for the feasibility report is reasonable, and that the receiver is unable to
obtain reimbursement other than by foreclosure of a lien on the property. If
the court grants the petition for reimbursement from the fund and, upon
receiving certification from the court of the amount to be paid, the county
treasurer shall order that amount paid from the fund to the receiver. If the
court grants the petition for reimbursement from the fund, the court shall also
authorize and direct the receiver to issue a certificate of lien against title.
The recorded lien shall be a first lien upon the real estate and shall be
superior to all prior liens and encumbrances except real estate taxes. The
court shall also order the receiver to reimburse the fund to the extent that
the receiver is reimbursed upon foreclosure of the receiver's lien upon sale of
the property.
In any proceedings hereunder in which the court orders the appointment
of a receiver, the court may further authorize the receiver to enter into
such agreements and to do such acts as may be required to obtain first
mortgage insurance on the receiver's notes or certificates from an agency
of the Federal Government.
(b) In any case where a municipality has obtained a lien pursuant to
subsection (a), the municipality may enforce such lien pursuant to
this subsection (b) in the same proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this subsection (b) shall
petition the court to retain jurisdiction for foreclosure proceedings under
this subsection. Notice of the petition shall be served, by certified or
registered mail, on all persons who were served notice under subsection (a).
The court shall conduct a hearing on the petition not less than 15
days after such notice is served. If the court determines that the
requirements of this subsection (b) have been satisfied, it shall grant the
petition and retain jurisdiction over the matter until the foreclosure
proceeding is completed. If the court denies the petition, the municipality
may enforce the lien in a separate action as provided in subsection (a).
All persons designated in Section 15-1501 of the Code of Civil Procedure
as necessary parties in a mortgage foreclosure action shall be joined as
parties prior to issuance of an order of foreclosure. Persons designated
in Section 15-1501 of the Code of Civil Procedure as permissible parties
may also be joined as parties in the action.
The provisions of Article XV of the Code of Civil Procedure applicable to
mortgage foreclosures shall apply to the foreclosure of a lien pursuant to
this subsection (b), except to the extent that such provisions are
inconsistent with this subsection. However, for purposes of foreclosures
of liens pursuant to this subsection, the redemption period described in
subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end
60 days after the date of entry of the order of foreclosure.
(Source: P.A. 91-554, eff. 8-14-99.)
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