Bill Text: IL HB3350 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may petition to have property declared abandoned if the property contains a dangerous or unsafe building or the property is not being maintained, as evidenced by more than 3 code violation abatements in a 12 month period. Amends the Property Tax Code. Provides that a county may convey its interest in vacant non-farm property to any adjacent property owner for no consideration.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3350 Detail]

Download: Illinois-2015-HB3350-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3350 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED:
35 ILCS 200/21-90
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may petition to have property declared abandoned if the property contains a dangerous or unsafe building or the property is not being maintained, as evidenced by more than 3 code violation abatements in a 12 month period. Amends the Property Tax Code. Provides that a county may convey its interest in vacant non-farm property to any adjacent property owner for no consideration.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 21-90 as follows:
(35 ILCS 200/21-90)
Sec. 21-90. Purchase and sale by county; distribution of
proceeds. When any property is delinquent, or is forfeited for
each of 2 or more years, and is offered for sale under any of
the provisions of this Code, the County Board of the County in
which the property is located, in its discretion, may bid, or,
in the case of forfeited property, may apply to purchase it, in
the name of the County as trustee for all taxing districts
having an interest in the property's taxes or special
assessments for the nonpayment of which the property is sold.
The presiding officer of the county board, with the advice and
consent of the Board, may appoint on its behalf some officer or
person to attend such sales and bid or, in the case of
forfeited property, to apply to the county clerk to purchase.
The County shall apply on the bid or purchase the unpaid taxes
and special assessments due upon the property. No cash need be
paid. The County shall take all steps necessary to acquire
title to the property and may manage and operate the property.

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When a county, or other taxing district within the county, is a
petitioner for a tax deed, no filing fee shall be required.
When a county or other taxing district within the county is the
petitioner for a tax deed, one petition may be filed including
all parcels that are tax delinquent within the county or taxing
district, and any publication made under Section 22-20 of this
Code may combine all such parcels within a single notice. The
notice shall list the street or common address, if known, of
the parcels for informational purposes. The county, as tax
creditor and as trustee for other tax creditors, or other
taxing district within the county, shall not be required to
allege and prove that all taxes and special assessments which
become due and payable after the sale to the county have been
paid nor shall the county be required to pay the subsequently
accruing taxes or special assessments at any time. The county
board or its designee may prohibit the county collector from
including the property in the tax sale of one or more
subsequent years. The lien of taxes and special assessments
which become due and payable after a sale to a county shall
merge in the fee title of the county, or other taxing district
within the county, on the issuance of a deed.
The County may sell or assign the property so acquired, or
the certificate of purchase to it, to any party, including
taxing districts. The proceeds of that sale or assignment, less
all costs of the county incurred in the acquisition and sale or
assignment of the property, shall be distributed to the taxing

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districts in proportion to their respective interests therein.
The county may convey its interest in any vacant non-farm
property of an irregular shape or size acquired under this
Section, including the certificate of purchase to that
property, to any adjacent property owner for no consideration,
provided that all adjacent property owners are notified by
certified mail of the county's intent to convey the property at
least 60 days prior to the conveyance.
Under Sections 21-110, 21-115, 21-120 and 21-405, a County
may bid or purchase only in the absence of other bidders.
(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
Section 10. The Illinois Municipal Code is amended by
changing Section 11-31-1 as follows:
(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

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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

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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

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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

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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

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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

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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

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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

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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

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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;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property contains a dangerous or unsafe
building for reasons specified in the petition, or the
property is not being maintained, as evidenced by the fact
that the corporate authorities of the municipality have
abated a code violation on the property, as defined under
Division 31.1 of this Article, more than 3 times within the
most recent 12 month period.
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.
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

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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 the dangerous or unsafe building 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

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the court a request to demolish the dangerous or unsafe
building or to put the building 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 the building or repair the dangerous or
unsafe conditions of the building 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 the building is filed
within the 30 day period, the court shall grant permission to
the requesting party to demolish the building within 30 days or
to restore the building to safe condition 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)

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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
building enclosure or removal, 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

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building or put the building 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.
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,

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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.
(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

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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.
(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.
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

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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

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dismissed for want of prosecution, then the dismissal is with
prejudice and the demolition, repair, enclosure, or removal may
proceed forthwith.
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

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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,

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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;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or
more years;
(B) the property is unoccupied by persons legally
in possession; and
(3) "unsafe" means property that presents an actual or
imminent threat to public health and safety caused by the
release of hazardous substances; and
(4) "hazardous substances" means the same as in Section
3.215 of the Environmental Protection Act.
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

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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

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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

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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

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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. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)