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Sen. Dave Syverson
Filed: 3/11/2015
| | 09900SB0118sam001 | | LRB099 05767 AWJ 32097 a |
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| 1 | | AMENDMENT TO SENATE BILL 118
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 118 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The Counties Code is amended by changing |
| 5 | | Section 5-1099 as follows:
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| 6 | | (55 ILCS 5/5-1099) (from Ch. 34, par. 5-1099)
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| 7 | | Sec. 5-1099. Regulation of property within residential |
| 8 | | subdivision Weed cutting on residential subdivision lots. In
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| 9 | | counties of less than 3,000,000 inhabitants, a county board may |
| 10 | | regulate vacant property within a residential subdivision |
| 11 | | outside the corporate limits of any municipality. A a county |
| 12 | | board also may provide for
the cutting of weeds on any lot lots |
| 13 | | in subdivisions in residential areas in the
unincorporated area |
| 14 | | of the county or any part thereof, when the owners of
the |
| 15 | | subdivision lot refuse or neglect to cut them, and may
collect |
| 16 | | from the owners the reasonable cost thereof. Notice of |
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| | 09900SB0118sam001 | - 2 - | LRB099 05767 AWJ 32097 a |
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| 1 | | intention to
cut weeds shall be given to the owners of |
| 2 | | subdivision lot involved at least
15 days before such action is |
| 3 | | intended to be taken, by mailing a written
copy of such notice |
| 4 | | to the last known address of each such owner or owners.
This |
| 5 | | cost is a lien upon the subdivision lot affected, superior to |
| 6 | | all
other liens and encumbrances, except tax liens; provided |
| 7 | | that within 60
days after such cost and expense is incurred the |
| 8 | | county, or person
performing the service by authority of the |
| 9 | | county in his or its own name,
files notice of lien in the |
| 10 | | office of the recorder in the county in which
such subdivision |
| 11 | | lot is located or in the office of the Registrar of Titles
of |
| 12 | | the county if the subdivision lot affected is registered under |
| 13 | | the
Torrens system. The notice shall consist of a sworn |
| 14 | | statement setting
out (1) a description of the subdivision lot |
| 15 | | sufficient for
identification thereof, (2) the amount of money |
| 16 | | representing the cost
and expense incurred or payable for the |
| 17 | | service, and (3) the date or
dates when such cost and expense |
| 18 | | was incurred by the county. However,
the lien of such county |
| 19 | | shall not be valid as to any purchaser whose
rights in and to |
| 20 | | such subdivision lot have arisen subsequent to the
weed-cutting |
| 21 | | and prior to the filing of such notice, and the lien of the
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| 22 | | county shall not be valid as to any mortgagee, judgment |
| 23 | | creditor or
other lienor whose rights in and to such |
| 24 | | subdivision lot arise prior to
the filing of such notice. Upon |
| 25 | | payment of the cost and expense by the
owner of or persons |
| 26 | | interested in such property after notice of lien has
been |