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| Public Act 101-0200
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| SB1114 Enrolled | LRB101 04096 AWJ 49104 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Counties Code is amended by changing Section |
5-1121 as follows:
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(55 ILCS 5/5-1121)
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Sec. 5-1121. Demolition, repair, or enclosure.
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(a) The county board of each county may
demolish, repair, |
or enclose or cause the demolition, repair, or enclosure of
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dangerous and unsafe buildings or uncompleted and abandoned |
buildings within
the territory of the county, but outside the |
territory of any municipality, and
may remove or cause the |
removal of garbage, debris, and other hazardous,
noxious, or |
unhealthy substances or materials from those buildings.
If a |
township within the county makes a formal request to the county |
board
as provided in Section 85-50 of the Township Code that |
the county board
commence specified proceedings under this |
Section with respect to property
located within the township |
but outside the territory of any municipality,
then, at the |
next regular county board meeting occurring at least 10 days
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after the formal request is made to the county board, the |
county board shall
either commence the requested proceedings or |
decline to do so (either
formally or by failing to commence the |
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proceedings within 60 days after the request) and shall notify |
the township
board making the request of the county board's |
decision.
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 any such county may upon a formal request by the city, |
village,
or incorporated town demolish, repair or cause the |
demolition or repair of
dangerous and unsafe buildings or |
uncompleted and abandoned buildings within
the territory of any |
city, village, or incorporated town having a population of
less |
than 50,000.
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The county board 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 to do |
so, have failed to commence proceedings 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, |
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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 and the posting of such notice upon |
the
premises sought to be demolished or repaired is sufficient |
notice under this
Section.
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The hearing upon the application to the circuit court shall |
be expedited
by the court and shall be given precedence over |
all other suits.
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The cost of the demolition, repair, enclosure, or removal |
incurred by
the county, 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 county,
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.
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The notice must consist of a sworn statement setting out |
(1) a
description of the real estate sufficient for its |
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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 county,
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
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notice of lien has been filed, the lien shall be released by |
the
county, 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 (b),
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
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lien. The costs of foreclosure incurred by the county, |
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 county from |
the owner or owners of the real estate.
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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 (b).
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If the appropriate official of any county determines that |
any
dangerous and unsafe building or uncompleted and abandoned |
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building within
its territory fulfills the requirements for an |
action by the county
under the Abandoned Housing Rehabilitation |
Act, the county may
petition under that Act in a proceeding |
brought under this subsection.
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(b) In any case where a county has obtained a lien under
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subsection (a), the county may enforce the lien under
this |
subsection (b) in the same proceeding in which the lien is |
authorized.
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A county 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
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days after the 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. The costs |
of foreclosure incurred by the
county, 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 county from the owner or owners of the real
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estate. If the court denies the petition, the county may |
enforce the
lien in a separate action as provided in subsection |
(a).
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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.
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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 (b), 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
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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.
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(c) In addition to any other remedy provided by law, the |
county
board of any county may petition the circuit court to |
have
property declared abandoned under this subsection (c) if:
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(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 |
possession; and
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(3) the property contains a dangerous or unsafe |
building.
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All persons having an interest of record in the property, |
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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.
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The county, however, may proceed under this subsection in a
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proceeding brought under subsection (a). Notice of the petition
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shall be served by certified or registered mail on all persons |
who were
served notice under subsection (a).
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If the county proves that the conditions described in this
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subsection exist and 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, the court
shall declare the |
property abandoned.
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If that determination is made, notice shall be sent 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 county unless, within 30 days of
the notice, |
the owner of record enters an appearance in the action, or
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unless 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.
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If the owner of record enters an appearance in the action |
within the 30
day period, the court shall vacate its order |
declaring the property
abandoned. In that case, the county may |
amend its complaint in order
to initiate proceedings under |
subsection (a).
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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
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request, preference shall be given to the person with the lien |
or other
interest of the highest priority.
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If the requesting party proves to the court that the |
building has been
demolished or put in a safe condition 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 county of all costs incurred
by the |
county in connection with the action, including but not
limited |
to court costs, attorney's fees, administrative costs, the
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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 |
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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
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that Act, including the original owner of record.
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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 building
in safe condition within the time |
specified by the court, the county
may petition the court to |
issue a judicial deed for the property to the
county. 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.
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(d) Each county 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.
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If the official designated to be
in charge of enforcing the |
county's building code determines that a
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
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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
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continuing hazard to the community no longer exists, then the |
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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 county.
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Not later than 30 days following the posting of the notice, |
the
county shall do both of the following:
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(1) Cause to be sent, by certified mail, return receipt |
requested,
a notice to all owners of
record of the |
property, the beneficial owners of any Illinois land trust
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having title to the property, and all lienholders of record |
in the property,
stating the intent of the county 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
county 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 county
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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A person objecting to the proposed actions of the county |
board may
file his or her objection in an appropriate form in a |
court of competent
jurisdiction.
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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
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within 30 days of the last day of publication of the notice, |
whichever is
later, the county board 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.
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The county 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 county proceeds |
with any of the actions authorized by this
subsection, any |
person has sought a hearing under this subsection before a
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court and has served a copy of the complaint on the chief |
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executive officer of
the county, then the county 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
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an order authorizing the county to do so.
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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 county 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. The
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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 county in |
undertaking the remedial actions authorized under
this |
subsection; (iii) the date or dates the expenses were incurred |
by
the county; (iv) a statement by the official
responsible for |
enforcing the building code that the building was open and
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vacant and constituted an immediate and continuing hazard
to |
the community; (v) a statement by the official that the
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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 county as provided in subsection (a).
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(e) In any case where a county has obtained a lien under |
subsection (a),
the county 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. |
(f) In addition to any other remedy provided by law, if a |
county finds that within a residential property of 1 acre or |
less there is an accumulation or concentration of: garbage; |
organic materials in an active state of decomposition |
including, but not limited to, carcasses, food waste, or other |
spoiled or rotting materials; human or animal waste; debris; or |
other hazardous, noxious, or unhealthy substances or |
materials, which present an immediate threat to the public |
health or safety or the health and safety of the occupants of |
the property, the county may, without any administrative |
procedure to bond, petition the court for immediate injunctive |
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relief to abate or cause the abatement of the condition that is |
causing the threat to health or safety, including an order |
causing the removal of any unhealthy or unsafe accumulations or |
concentrations of the material or items listed in this |
subsection from the structure or property. The county shall |
file with the circuit court in which the property is located a |
petition for an order authorizing the abatement of the |
condition that is causing the threat to health or safety. A |
hearing on the petition shall be set within 5 days, not |
including weekends or holidays, from the date of filing. To |
provide notice of such hearing, the county shall make every |
effort to serve the property's owners of record with the |
petition and summons and, if such service cannot be had, shall |
provide an affidavit to the court at the hearing showing the |
service could not be had and the efforts taken to locate and |
serve the owners of record. The county shall also post a sign |
at the property notifying all persons of the court proceeding. |
Following the abatement actions, the county may file a notice |
of lien for the cost and expense of actions taken under this |
subsection as provided in subsection (a).
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(Source: P.A. 97-549, eff. 8-25-11; 98-138, eff. 8-2-13.)
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