Bill Text: IL HB5167 | 2025-2026 | 104th General Assembly | Enrolled
Bill Title: Amends the Township Code. In a provision that authorizes a township board to provide for the cutting of weeds or grass, the trimming of trees or bushes, the removal of nuisance bushes or trees, or the maintenance of a retention pond or detention pond on any real estate in areas within the township, specifies that the required 7-day advance notice to the property owner may be served by certified mail, by personal service, or by posting the notice on the property in a prominent location.
Sponsorship: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2026-07-31 - Public Act . . . . . . . . . 104-0694 [HB5167 Detail]
Download: Illinois-2025-HB5167-Enrolled.html
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| 1 | AN ACT concerning local government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Township Code is amended by changing | ||||||
| 5 | Section 105-15 as follows: | ||||||
| 6 | (60 ILCS 1/105-15) | ||||||
| 7 | Sec. 105-15. Weed cutting. | ||||||
| 8 | (a) The township board may provide for the cutting of | ||||||
| 9 | weeds or grass, the trimming of trees or bushes, the removal of | ||||||
| 10 | nuisance bushes or trees, or the maintenance of a retention | ||||||
| 11 | pond or detention pond on any real estate in residential areas | ||||||
| 12 | in the township no sooner than 7 days after notifying the owner | ||||||
| 13 | or the appropriate property owners association by a means of | ||||||
| 14 | notice listed below mail of the intended weed or grass | ||||||
| 15 | cutting, bush or tree trimming, nuisance bush or tree removal, | ||||||
| 16 | or pond maintenance when the owners of the real estate refuse | ||||||
| 17 | or neglect to cut the weeds or grass, trim the trees or bushes, | ||||||
| 18 | remove the nuisance bushes or trees, or maintain the pond. The | ||||||
| 19 | board may collect from the owners the reasonable cost of | ||||||
| 20 | cutting the weeds or grass, trimming the trees or bushes, | ||||||
| 21 | removing the nuisance bushes or trees, or maintaining the | ||||||
| 22 | pond. The 7-day advance notice required under this Section may | ||||||
| 23 | be served by certified mail, by personal service, or by | ||||||
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| 1 | posting the notice on the property in a prominent location. | ||||||
| 2 | The service of the notice by posting on the property is legally | ||||||
| 3 | sufficient if the posting and date of the notice are proven by | ||||||
| 4 | introduction of a date-stamped photograph showing the notice | ||||||
| 5 | posted on the property. | ||||||
| 6 | (b) This cost is a lien upon the real estate affected, | ||||||
| 7 | superior to all other liens and encumbrances except tax liens, | ||||||
| 8 | if within 60 days after the cost and expense is incurred, the | ||||||
| 9 | township or person performing the service by authority of the | ||||||
| 10 | township in his or its own name files a notice of lien in the | ||||||
| 11 | office of the recorder in the county in which the real estate | ||||||
| 12 | is located or in the office of the registrar of titles of the | ||||||
| 13 | county if the real estate affected is registered under the | ||||||
| 14 | Registered Titles (Torrens) Act. The notice shall consist of a | ||||||
| 15 | sworn statement setting out (i) a description of the real | ||||||
| 16 | estate sufficient for its identification, (ii) the amount of | ||||||
| 17 | money representing the cost and expense incurred or payable | ||||||
| 18 | for the service, and (iii) the date or dates when the cost and | ||||||
| 19 | expense was incurred by the township. The lien of the township | ||||||
| 20 | shall not be valid, however, as to any purchaser whose rights | ||||||
| 21 | in and to the real estate have arisen after the weed or grass | ||||||
| 22 | cutting, bush or tree trimming, nuisance bush or tree removal, | ||||||
| 23 | or pond maintenance and before the filing of the notice, and | ||||||
| 24 | the lien of the township shall not be valid as to any | ||||||
| 25 | mortgagee, judgment creditor, or other lienholder whose rights | ||||||
| 26 | in and to the real estate arise before the filing of the | ||||||
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| 1 | notice. Upon payment of the cost and expense by the owner of or | ||||||
| 2 | persons interested in the property after the notice of lien | ||||||
| 3 | has been filed, the lien shall be released by the township or | ||||||
| 4 | person in whose name the lien has been filed. The release may | ||||||
| 5 | be filed of record as in the case of filing a notice of lien. | ||||||
| 6 | (c) No provision of this Section applies to any nature | ||||||
| 7 | preserve or other area that has been designated as a | ||||||
| 8 | conservation area. | ||||||
| 9 | (d) In addition to any lien or foreclosure action related | ||||||
| 10 | thereto, a township may institute a civil action or proceeding | ||||||
| 11 | to recover the amount of money owed for any service performed | ||||||
| 12 | pursuant to subsection (a). | ||||||
| 13 | (Source: P.A. 96-564, eff. 8-18-09.) | ||||||
