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90_HB1735eng
65 ILCS 5/Art. 11, Div. 31 heading
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
735 ILCS 5/7-119 from Ch. 110, par. 7-119
Amends the Illinois Municipal Code to apply the
provisions of demolition, repair, or enclosure of abandoned
or unsafe buildings by municipalities to the clean-up,
inspection, testing, and remediation of hazardous substances
in those buildings or on abandoned or unsafe property.
Amends the Code of Civil Procedure to provide that evidence
of environmental hazard, cost of clean-up, and effect on fair
market value are admissible in eminent domain proceedings.
LRB9002402PTcw
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1 AN ACT concerning environmental clean-up.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Municipal Code is amended by
5 changing the Article II, Division 31 heading and Section
6 11-31-1 as follows:
7 (65 ILCS 5/Art. II, Div. 31 heading)
8 Division 31. Unsafe Property Buildings.
9 (65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
10 Sec. 11-31-1. Demolition, repair, or enclosure, or
11 remediation.
12 (a) The corporate authorities of each municipality may
13 demolish, repair, or enclose or cause the demolition, repair,
14 or enclosure of dangerous and unsafe buildings or uncompleted
15 and abandoned buildings within the territory of the
16 municipality and may remove or cause the removal of garbage,
17 debris, and other hazardous, noxious, or unhealthy substances
18 or materials from those buildings. In any county having
19 adopted by referendum or otherwise a county health department
20 as provided by Division 5-25 of the Counties Code or its
21 predecessor, the county board of that county may exercise
22 those powers with regard to dangerous and unsafe buildings or
23 uncompleted and abandoned buildings within the territory of
24 any city, village, or incorporated town having less than
25 50,000 population.
26 The corporate authorities shall apply to the circuit
27 court of the county in which the building is located (i) for
28 an order authorizing action to be taken with respect to a
29 building if the owner or owners of the building, including
30 the lien holders of record, after at least 15 days' written
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1 notice by mail so to do, have failed to put the building in a
2 safe condition or to demolish it or (ii) for an order
3 requiring the owner or owners of record to demolish, repair,
4 or enclose the building or to remove garbage, debris, and
5 other hazardous, noxious, or unhealthy substances or
6 materials from the building. It is not a defense to the
7 cause of action that the building is boarded up or otherwise
8 enclosed, although the court may order the defendant to have
9 the building boarded up or otherwise enclosed. Where, upon
10 diligent search, the identity or whereabouts of the owner or
11 owners of the building, including the lien holders of record,
12 is not ascertainable, notice mailed to the person or persons
13 in whose name the real estate was last assessed is sufficient
14 notice under this Section.
15 The hearing upon the application to the circuit court
16 shall be expedited by the court and shall be given precedence
17 over all other suits. Any person entitled to bring an action
18 under subsection (b) shall have the right to intervene in an
19 action brought under this Section.
20 The cost of the demolition, repair, enclosure, or removal
21 incurred by the municipality, by an intervenor, or by a lien
22 holder of record, including court costs, attorney's fees, and
23 other costs related to the enforcement of this Section, is
24 recoverable from the owner or owners of the real estate or
25 the previous owner or both if the property was transferred
26 during the 15 day notice period and is a lien on the real
27 estate; the lien is superior to all prior existing liens and
28 encumbrances, except taxes, if, within 180 days after the
29 repair, demolition, enclosure, or removal, the municipality,
30 the lien holder of record, or the intervenor who incurred the
31 cost and expense shall file a notice of lien for the cost and
32 expense incurred in the office of the recorder in the county
33 in which the real estate is located or in the office of the
34 registrar of titles of the county if the real estate affected
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1 is registered under the Registered Titles (Torrens) Act.
2 The notice must consist of a sworn statement setting out
3 (1) a description of the real estate sufficient for its
4 identification, (2) the amount of money representing the cost
5 and expense incurred, and (3) the date or dates when the cost
6 and expense was incurred by the municipality, the lien holder
7 of record, or the intervenor. Upon payment of the cost and
8 expense by the owner of or persons interested in the property
9 after the notice of lien has been filed, the lien shall be
10 released by the municipality, the person in whose name the
11 lien has been filed, or the assignee of the lien, and the
12 release may be filed of record as in the case of filing
13 notice of lien. Unless the lien is enforced under subsection
14 (c), the lien may be enforced by foreclosure proceedings as
15 in the case of mortgage foreclosures under Article XV of the
16 Code of Civil Procedure or mechanics' lien foreclosures. An
17 action to foreclose this lien may be commenced at any time
18 after the date of filing of the notice of lien. The costs of
19 foreclosure incurred by the municipality, including court
20 costs, reasonable attorney's fees, advances to preserve the
21 property, and other costs related to the enforcement of this
22 subsection, plus statutory interest, are a lien on the real
23 estate and are recoverable by the municipality from the owner
24 or owners of the real estate.
25 All liens arising under this subsection (a) shall be
26 assignable. The assignee of the lien shall have the same
27 power to enforce the lien as the assigning party, except that
28 the lien may not be enforced under subsection (c).
29 If the appropriate official of any municipality
30 determines that any dangerous and unsafe building or
31 uncompleted and abandoned building within its territory
32 fulfills the requirements for an action by the municipality
33 under the Abandoned Housing Rehabilitation Act, the
34 municipality may petition under that Act in a proceeding
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1 brought under this subsection.
2 (b) Any owner or tenant of real property within 1200
3 feet in any direction of any dangerous or unsafe building
4 located within the territory of a municipality with a
5 population of 500,000 or more may file with the appropriate
6 municipal authority a request that the municipality apply to
7 the circuit court of the county in which the building is
8 located for an order permitting the demolition, removal of
9 garbage, debris, and other noxious or unhealthy substances
10 and materials from, or repair or enclosure of the building in
11 the manner prescribed in subsection (a) of this Section. If
12 the municipality fails to institute an action in circuit
13 court within 90 days after the filing of the request, the
14 owner or tenant of real property within 1200 feet in any
15 direction of the building may institute an action in circuit
16 court seeking an order compelling the owner or owners of
17 record to demolish, remove garbage, debris, and other noxious
18 or unhealthy substances and materials from, repair or enclose
19 or to cause to be demolished, have garbage, debris, and other
20 noxious or unhealthy substances and materials removed from,
21 repaired, or enclosed the building in question. A private
22 owner or tenant who institutes an action under the preceding
23 sentence shall not be required to pay any fee to the clerk of
24 the circuit court. The cost of repair, removal, demolition,
25 or enclosure shall be borne by the owner or owners of record
26 of the building. In the event the owner or owners of record
27 fail to demolish, remove garbage, debris, and other noxious
28 or unhealthy substances and materials from, repair, or
29 enclose the building within 90 days of the date the court
30 entered its order, the owner or tenant who instituted the
31 action may request that the court join the municipality as a
32 party to the action. The court may order the municipality to
33 demolish, remove materials from, repair, or enclose the
34 building, or cause that action to be taken upon the request
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1 of any owner or tenant who instituted the action or upon the
2 municipality's request. The municipality may file, and the
3 court may approve, a plan for rehabilitating the building in
4 question. A court order authorizing the municipality to
5 demolish, remove materials from, repair, or enclose a
6 building, or cause that action to be taken, shall not
7 preclude the court from adjudging the owner or owners of
8 record of the building in contempt of court due to the
9 failure to comply with the order to demolish, remove garbage,
10 debris, and other noxious or unhealthy substances and
11 materials from, repair, or enclose the building.
12 If a municipality or a person or persons other than the
13 owner or owners of record pay the cost of demolition, removal
14 of garbage, debris, and other noxious or unhealthy substances
15 and materials, repair, or enclosure pursuant to a court
16 order, the cost, including court costs, attorney's fees, and
17 other costs related to the enforcement of this subsection, is
18 recoverable from the owner or owners of the real estate and
19 is a lien on the real estate; the lien is superior to all
20 prior existing liens and encumbrances, except taxes, if,
21 within 180 days after the repair, removal, demolition, or
22 enclosure, the municipality or the person or persons who paid
23 the costs of demolition, removal, repair, or enclosure shall
24 file a notice of lien of the cost and expense incurred in the
25 office of the recorder in the county in which the real estate
26 is located or in the office of the registrar of the county if
27 the real estate affected is registered under the Registered
28 Titles (Torrens) Act. The notice shall be in a form as is
29 provided in subsection (a). An owner or tenant who
30 institutes an action in circuit court seeking an order to
31 compel the owner or owners of record to demolish, remove
32 materials from, repair, or enclose any dangerous or unsafe
33 building, or to cause that action to be taken under this
34 subsection may recover court costs and reasonable attorney's
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1 fees for instituting the action from the owner or owners of
2 record of the building. Upon payment of the costs and
3 expenses by the owner of or a person interested in the
4 property after the notice of lien has been filed, the lien
5 shall be released by the municipality or the person in whose
6 name the lien has been filed or his or her assignee, and the
7 release may be filed of record as in the case of filing a
8 notice of lien. Unless the lien is enforced under subsection
9 (c), the lien may be enforced by foreclosure proceedings as
10 in the case of mortgage foreclosures under Article XV of the
11 Code of Civil Procedure or mechanics' lien foreclosures. An
12 action to foreclose this lien may be commenced at any time
13 after the date of filing of the notice of lien. The costs of
14 foreclosure incurred by the municipality, including court
15 costs, reasonable attorneys' fees, advances to preserve the
16 property, and other costs related to the enforcement of this
17 subsection, plus statutory interest, are a lien on the real
18 estate and are recoverable by the municipality from the owner
19 or owners of the real estate.
20 All liens arising under the terms of this subsection (b)
21 shall be assignable. The assignee of the lien shall have the
22 same power to enforce the lien as the assigning party, except
23 that the lien may not be enforced under subsection (c).
24 (c) In any case where a municipality has obtained a lien
25 under subsection (a), or (b), or (f), the municipality may
26 enforce the lien under this subsection (c) in the same
27 proceeding in which the lien is authorized.
28 A municipality desiring to enforce a lien under this
29 subsection (c) shall petition the court to retain
30 jurisdiction for foreclosure proceedings under this
31 subsection. Notice of the petition shall be served, by
32 certified or registered mail, on all persons who were served
33 notice under subsection (a), or (b), or (f). The court shall
34 conduct a hearing on the petition not less than 15 days after
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1 the notice is served. If the court determines that the
2 requirements of this subsection (c) have been satisfied, it
3 shall grant the petition and retain jurisdiction over the
4 matter until the foreclosure proceeding is completed. The
5 costs of foreclosure incurred by the municipality, including
6 court costs, reasonable attorneys' fees, advances to preserve
7 the property, and other costs related to the enforcement of
8 this subsection, plus statutory interest, are a lien on the
9 real estate and are recoverable by the municipality from the
10 owner or owners of the real estate. If the court denies the
11 petition, the municipality may enforce the lien in a separate
12 action as provided in subsection (a), or (b), or (f).
13 All persons designated in Section 15-1501 of the Code of
14 Civil Procedure as necessary parties in a mortgage
15 foreclosure action shall be joined as parties before issuance
16 of an order of foreclosure. Persons designated in Section
17 15-1501 of the Code of Civil Procedure as permissible parties
18 may also be joined as parties in the action.
19 The provisions of Article XV of the Code of Civil
20 Procedure applicable to mortgage foreclosures shall apply to
21 the foreclosure of a lien under this subsection (c), except
22 to the extent that those provisions are inconsistent with
23 this subsection. For purposes of foreclosures of liens
24 under this subsection, however, the redemption period
25 described in subsection (b) of Section 15-1603 of the Code of
26 Civil Procedure shall end 60 days after the date of entry of
27 the order of foreclosure.
28 (d) In addition to any other remedy provided by law, the
29 corporate authorities of any municipality may petition the
30 circuit court to have property declared abandoned under this
31 subsection (d) if:
32 (1) the property has been tax delinquent for 2 or
33 more years or bills for water service for the property
34 have been outstanding for 2 or more years;
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1 (2) the property is unoccupied by persons legally
2 in possession; and
3 (3) the property contains a dangerous or unsafe
4 building.
5 All persons having an interest of record in the property,
6 including tax purchasers and beneficial owners of any
7 Illinois land trust having title to the property, shall be
8 named as defendants in the petition and shall be served with
9 process. In addition, service shall be had under Section
10 2-206 of the Code of Civil Procedure as in other cases
11 affecting property.
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 by certified or
15 registered mail on all persons who were served notice under
16 subsection (a) or (b).
17 If the municipality proves that the conditions described
18 in this subsection exist and 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, the court shall
23 declare the property abandoned.
24 If that determination is made, notice shall be sent by
25 certified or registered mail to all persons having an
26 interest of record in the property, including tax purchasers
27 and beneficial owners of any Illinois land trust having title
28 to the property, stating that title to the property will be
29 transferred to the municipality unless, within 30 days of the
30 notice, the owner of record enters an appearance in the
31 action, or unless any other person having an interest in the
32 property files with the court a request to demolish the
33 dangerous or unsafe building or to put the building in safe
34 condition.
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1 If the owner of record enters an appearance in the action
2 within the 30 day period, the court shall vacate its order
3 declaring the property abandoned. In that case, the
4 municipality may amend its complaint in order to initiate
5 proceedings under subsection (a).
6 If a request to demolish or repair the building is filed
7 within the 30 day period, the court shall grant permission to
8 the requesting party to demolish the building within 30 days
9 or to restore the building to safe condition within 60 days
10 after the request is granted. An extension of that period
11 for up to 60 additional days may be given for good cause. If
12 more than one person with an interest in the property files a
13 timely request, preference shall be given to the person with
14 the lien or other interest of the highest priority.
15 If the requesting party proves to the court that the
16 building has been demolished or put in a safe condition
17 within the period of time granted by the court, the court
18 shall issue a quitclaim judicial deed for the property to the
19 requesting party, conveying only the interest of the owner of
20 record, upon proof of payment to the municipality of all
21 costs incurred by the municipality in connection with the
22 action, including but not limited to court costs, attorney's
23 fees, administrative costs, the costs, if any, associated
24 with building enclosure or removal, and receiver's
25 certificates. The interest in the property so conveyed shall
26 be subject to all liens and encumbrances on the property. In
27 addition, if the interest is conveyed to a person holding a
28 certificate of purchase for the property under the Property
29 Tax Code, the conveyance shall be subject to the rights of
30 redemption of all persons entitled to redeem under that Act,
31 including the original owner of record.
32 If no person with an interest in the property files a
33 timely request or if the requesting party fails to demolish
34 the building or put the building in safe condition within the
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1 time specified by the court, the municipality may petition
2 the court to issue a judicial deed for the property to the
3 municipality. A conveyance by judicial deed shall operate to
4 extinguish all existing ownership interests in, liens on, and
5 other interest in the property, including tax liens.
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 building is 2 stories or less in height
11 as defined by the municipality's building code, and the
12 corporate official designated to be in charge of enforcing
13 the municipality's building code determines that the building
14 is open and vacant and an immediate and continuing hazard to
15 the community in which the building is located, then the
16 official shall be authorized to post a notice not less than 2
17 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
21 hazardous, noxious, or unhealthy substances or materials are
22 removed so that an immediate and continuing hazard to the
23 community no longer exists, then the building may be
24 demolished, repaired, or enclosed, or any garbage, debris,
25 and other hazardous, noxious, or unhealthy substances or
26 materials may be removed, by the municipality.
27 Not later than 30 days following the posting of the
28 notice, the municipality shall do both of the following:
29 (1) Cause to be sent, by certified mail, return
30 receipt requested, a notice to all owners of record of
31 the property, the beneficial owners of any Illinois land
32 trust having title to the property, and all lienholders
33 of record in the property, stating the intent of the
34 municipality to demolish, repair, or enclose the building
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1 or remove any garbage, debris, or other hazardous,
2 noxious, or unhealthy substances or materials if that
3 action is not taken by the owner or owners.
4 (2) Cause to be published, in a newspaper published
5 or circulated in the municipality where the building is
6 located, a notice setting forth (i) the permanent tax
7 index number and the address of the building, (ii) a
8 statement that the property is open and vacant and
9 constitutes an immediate and continuing hazard to the
10 community, and (iii) a statement that the municipality
11 intends to demolish, repair, or enclose the building or
12 remove any garbage, debris, or other hazardous, noxious,
13 or unhealthy substances or materials if the owner or
14 owners or lienholders of record fail to do so. This
15 notice shall be published for 3 consecutive days.
16 A person objecting to the proposed actions of the
17 corporate authorities may file his or her objection in an
18 appropriate form in a court of competent jurisdiction.
19 If the building is not demolished, repaired, or enclosed,
20 or the garbage, debris, or other hazardous, noxious, or
21 unhealthy substances or materials are not removed, within 30
22 days of mailing the notice to the owners of record, the
23 beneficial owners of any Illinois land trust having title to
24 the property, and all lienholders of record in the property,
25 or within 30 days of the last day of publication of the
26 notice, whichever is later, the corporate authorities shall
27 have the power to demolish, repair, or enclose the building
28 or to remove any garbage, debris, or other hazardous,
29 noxious, or unhealthy substances or materials.
30 The municipality may proceed to demolish, repair, or
31 enclose a building or remove any garbage, debris, or other
32 hazardous, noxious, or unhealthy substances or materials
33 under this subsection within a 120-day period following the
34 date of the mailing of the notice if the appropriate official
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1 determines that the demolition, repair, enclosure, or removal
2 of any garbage, debris, or other hazardous, noxious, or
3 unhealthy substances or materials is necessary to remedy the
4 immediate and continuing hazard. If, however, before the
5 municipality proceeds with any of the actions authorized by
6 this subsection, any person has sought a hearing under this
7 subsection before a court and has served a copy of the
8 complaint on the chief executive officer of the municipality,
9 then the municipality shall not proceed with the demolition,
10 repair, enclosure, or removal of garbage, debris, or other
11 substances until the court determines that that action is
12 necessary to remedy the hazard and issues an order
13 authorizing the municipality to do so.
14 Following the demolition, repair, or enclosure of a
15 building, or the removal of garbage, debris, or other
16 hazardous, noxious, or unhealthy substances or materials
17 under this subsection, the municipality may file a notice of
18 lien against the real estate for the cost of the demolition,
19 repair, enclosure, or removal within 180 days after the
20 repair, demolition, enclosure, or removal occurred, for the
21 cost and expense incurred, in the office of the recorder in
22 the county in which the real estate is located or in the
23 office of the registrar of titles of the county if the real
24 estate affected is registered under the Registered Titles
25 (Torrens) Act. The notice of lien shall consist of a sworn
26 statement setting forth (i) a description of the real estate,
27 such as the address or other description of the property,
28 sufficient for its identification; (ii) the expenses incurred
29 by the municipality in undertaking the remedial actions
30 authorized under this subsection; (iii) the date or dates the
31 expenses were incurred by the municipality; (iv) a statement
32 by the corporate official responsible for enforcing the
33 building code that the building was open and vacant and
34 constituted an immediate and continuing hazard to the
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1 community; (v) a statement by the corporate official that the
2 required sign was posted on the building, that notice was
3 sent by certified mail to the owners of record, and that
4 notice was published in accordance with this subsection; and
5 (vi) a statement as to when and where the notice was
6 published. The lien authorized by this subsection may
7 thereafter be released or enforced by the municipality as
8 provided in subsection (a).
9 (f) The corporate authorities of each municipality may
10 remove or cause the removal of, or otherwise environmentally
11 remediate hazardous substances on, in, or under any abandoned
12 and unsafe property within the territory of a municipality.
13 In addition, where preliminary evidence indicates the
14 presence or likely presence of a hazardous substance or a
15 release or a substantial threat of a release of a hazardous
16 substance on, in, or under the property, the corporate
17 authorities of the municipality may inspect the property and
18 test for the presence or release of hazardous substances. In
19 any county having adopted by referendum or otherwise a county
20 health department as provided by Division 5-25 of the
21 Counties Code or its predecessor, the county board of that
22 county may exercise the above-described powers with regard to
23 property within the territory of any city, village, or
24 incorporated town having less than 50,000 population.
25 For purposes of this subsection (f):
26 (1) "property" or "real estate" means all real
27 property, whether or not improved by a structure;
28 (2) "abandoned" means;
29 (A) the property has been tax delinquent for 2
30 or more years or bills for water service for the
31 property have been outstanding for 2 or more years;
32 and
33 (B) the property is unoccupied by persons
34 legally in possession; and
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1 (3) "unsafe" means property that presents an actual
2 or imminent threat to public health and safety caused by
3 the release of contaminants, as that term is defined in
4 the Environmental Protection Act.
5 The corporate authorities shall apply to the circuit
6 court of the county in which the property is located (i) for
7 an order allowing the municipality to enter the property and
8 inspect and test substances on, in, or under the property; or
9 (ii) for an order requiring the owner or owners of record to
10 remediate the property; or (iii) for an order authorizing the
11 corporate authorities to take action with respect to a
12 property if the owner or owners of the property, including
13 the lien holders of record, after at least 30 days' written
14 notice by mail to do so, have failed to complete remediation
15 of the property; or (iv) for an order authorizing the
16 corporate authorities to take immediate action with respect
17 to the property if conditions on the property create an
18 emergency situation and the action is necessary to protect
19 public health and safety. Remediation shall be deemed
20 complete for purposes of paragraph (iii) above when the
21 property satisfies Tier I, II, or III remediation objectives
22 for the property's most recent usage, as established by the
23 Environmental Protection Act, and the rules and regulations
24 promulgated thereunder. Where, upon diligent search, the
25 identity or whereabouts of the owner or owners of the
26 property, including the lien holders of record, is not
27 ascertainable, notice mailed to the person or persons in
28 whose name the real estate was last assessed is sufficient
29 notice under this Section.
30 The court shall grant an order authorizing testing under
31 paragraph (i) above upon a showing of preliminary evidence
32 indicating the presence or likely presence of a hazardous
33 substance or a release of or a substantial threat of a
34 release of a hazardous substance on, in, or under abandoned
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1 property. The preliminary evidence may include, but is not
2 limited to, evidence of prior use, visual site inspection, or
3 records of prior environmental investigations. The testing
4 authorized by paragraph (i) above shall include any type of
5 investigation which is necessary for an environmental
6 professional to determine the environmental condition of the
7 property, including but not limited to performance of soil
8 borings and groundwater monitoring. The court shall grant a
9 remediation order under paragraphs (ii) or (iii) above where
10 testing of the property indicates that it fails to meet the
11 applicable remediation objectives. The hearing upon the
12 application to the circuit court shall be expedited by the
13 court and shall be given precedence over all other suits.
14 The cost of the inspection, testing, or remediation
15 incurred by the municipality or by a lien holder of record,
16 including court costs, attorney's fees, and other costs
17 related to the enforcement of this Section, is a lien on the
18 real estate; except that in any instances where a
19 municipality incurs costs of inspection and testing but finds
20 no hazardous substances on the property that present an
21 actual or imminent threat to public health and safety, such
22 costs are not recoverable from the owners nor are such costs
23 a lien on the real estate. The lien is superior to all prior
24 existing liens and encumbrances, except taxes and any lien
25 obtained under subsection (a) or (e), if, within 180 days
26 after the completion of the inspection, testing, or
27 remediation, the municipality or the lien holder of record
28 who incurred the cost and expense shall file a notice of lien
29 for the cost and expense incurred in the office of the
30 recorder in the county in which the real estate is located or
31 in the office of the registrar of titles of the county if the
32 real estate affected is registered under the Registered
33 Titles (Torrens) Act.
34 The notice must consist of a sworn statement setting out
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1 (i) a description of the real estate sufficient for its
2 identification, (ii) the amount of money representing the
3 cost and expense incurred, and (iii) the date or dates when
4 the cost and expense was incurred by the municipality or the
5 lien holder of record. Upon payment of the lien amount by
6 the owner of or persons interested in the property after the
7 notice of lien has been filed, a release of lien shall be
8 issued by the municipality, the person in whose name the lien
9 has been filed, or the assignee of the lien, and the release
10 may be filed of record as in the case of filing notice of
11 lien.
12 The lien may be enforced under subsection (c) or by
13 foreclosure proceedings as in the case of mortgage
14 foreclosures under Article XV of the Code of Civil Procedure
15 or mechanics' lien foreclosures; provided that where the lien
16 is enforced by foreclosure under either statute, the
17 municipality may not proceed against the other assets of the
18 owner or owners of the real estate for any costs that
19 otherwise would be recoverable under this Section but that
20 remain unsatisfied after foreclosure except where such
21 additional recovery is authorized by separate environmental
22 laws. An action to foreclose this lien may be commenced at
23 any time after the date of filing of the notice of lien. The
24 costs of foreclosure incurred by the municipality, including
25 court costs, reasonable attorney's fees, advances to preserve
26 the property, and other costs related to the enforcement of
27 this subsection, plus statutory interest, are a lien on the
28 real estate.
29 All liens arising under this subsection (f) shall be
30 assignable. The assignee of the lien shall have the same
31 power to enforce the lien as the assigning party, except that
32 the lien may not be enforced under subsection (c).
33 In the event that a No Further Remediation Letter has
34 been issued and is in effect in accordance with Title XVII of
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1 the Environmental Protection Act for the property and for the
2 remedial action taken by the municipality, the municipality
3 shall recover the costs of the inspection, testing, and
4 remediation taken pursuant to this subsection (f) in
5 accordance with Section 58.9 of the Environmental Protection
6 Act.
7 (Source: P.A. 88-646, eff. 1-1-95; 88-658, eff. 1-1-95;
8 88-670, eff. 12-2-94; 89-235, eff. 8-4-95; 89-303, eff.
9 1-1-96.)
10 Section 10. The Illinois Code of Civil Procedure is
11 amended by changing Section 7-119 as follows:
12 (735 ILCS 5/7-119) (from Ch. 110, par. 7-119)
13 Sec. 7-119. Admissibility of evidence. Evidence is
14 admissible as to (1) any benefit to the landowner that will
15 result from the public improvement for which the eminent
16 domain proceedings were instituted; (2) any unsafe,
17 unsanitary, substandard or other illegal condition, use or
18 occupancy of the property, including but not limited to any
19 violation of any environmental law or regulation; (3) the
20 effect of such condition on income from or the fair market
21 value of the property; and (4) the reasonable cost of causing
22 the property to be placed in a legal condition, use or
23 occupancy, including but not limited to complying with
24 environmental laws and regulations. Such evidence is
25 admissible notwithstanding the absence of any official action
26 taken to require the correction or abatement of such illegal
27 condition, use or occupancy.
28 In addition, where the property contains an adverse
29 environmental condition which does not rise to the level of
30 an illegal condition but which may affect its fair market
31 value, evidence shall be admissible as to the nature and
32 extent of such condition and the costs of environmental
HB1735 Engrossed -18- LRB9002402PTcw
1 remediation.
2 (Source: P.A. 82-280.)