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92_HB0027enr
HB0027 Enrolled LRB9200661MWpk
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 Counties Code is amended by changing
5 Sections 5-1121 and 5-12017 as follows:
6 (55 ILCS 5/5-1121)
7 Sec. 5-1121. Demolition, repair, or enclosure.
8 (a) The county board of each county may demolish,
9 repair, or enclose or cause the demolition, repair, or
10 enclosure of dangerous and unsafe buildings or uncompleted
11 and abandoned buildings within the territory of the county,
12 but outside the territory of any municipality, and may remove
13 or cause the removal of garbage, debris, and other hazardous,
14 noxious, or unhealthy substances or materials from those
15 buildings. If a township within the county makes a formal
16 request to the county board as provided in Section 85-50 of
17 the Township Code that the county board commence specified
18 proceedings under this Section with respect to property
19 located within the township but outside the territory of any
20 municipality, then, at the next regular county board meeting
21 occurring at least 10 days after the formal request is made
22 to the county board, the county board shall either commence
23 the requested proceedings or decline to do so (either
24 formally or by failing to act on the request) and shall
25 notify the township board making the request of the county
26 board's decision. In any county having adopted, by referendum
27 or otherwise, a county health department as provided by
28 Division 5-25 of the Counties Code or its predecessor, the
29 county board of any such county may upon a formal request by
30 the city, village, or incorporated town demolish, repair or
31 cause the demolition or repair of dangerous and unsafe
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1 buildings or uncompleted and abandoned buildings within the
2 territory of any city, village, or incorporated town having a
3 population of less than 50,000.
4 The county board shall apply to the circuit court of the
5 county in which the building is located (i) for an order
6 authorizing action to be taken with respect to a building if
7 the owner or owners of the building, including the lien
8 holders of record, after at least 15 days' written notice by
9 mail to do so, have failed to commence proceedings to put the
10 building in a safe condition or to demolish it or (ii) for an
11 order requiring the owner or owners of record to demolish,
12 repair, or enclose the building or to remove garbage, debris,
13 and other hazardous, noxious, or unhealthy substances or
14 materials from the building. It is not a defense to the
15 cause of action that the building is boarded up or otherwise
16 enclosed, although the court may order the defendant to have
17 the building boarded up or otherwise enclosed. Where, upon
18 diligent search, the identity or whereabouts of the owner or
19 owners of the building, including the lien holders of record,
20 is not ascertainable, notice mailed to the person or persons
21 in whose name the real estate was last assessed and the
22 posting of such notice upon the premises sought to be
23 demolished or repaired is sufficient notice under this
24 Section.
25 The hearing upon the application to the circuit court
26 shall be expedited by the court and shall be given precedence
27 over all other suits.
28 The cost of the demolition, repair, enclosure, or removal
29 incurred by the county, by an intervenor, or by a lien holder
30 of record, including court costs, attorney's fees, and other
31 costs related to the enforcement of this Section, is
32 recoverable from the owner or owners of the real estate or
33 the previous owner or both if the property was transferred
34 during the 15 day notice period and is a lien on the real
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1 estate; the lien is superior to all prior existing liens and
2 encumbrances, except taxes, if, within 180 days after the
3 repair, demolition, enclosure, or removal, the county, the
4 lien holder of record, or the intervenor who incurred the
5 cost and expense shall file a notice of lien for the cost and
6 expense incurred in the office of the recorder in the county
7 in which the real estate is located or in the office of the
8 registrar of titles of the county if the real estate affected
9 is registered under the Registered Titles (Torrens) Act.
10 The notice must consist of a sworn statement setting out
11 (1) a description of the real estate sufficient for its
12 identification, (2) the amount of money representing the cost
13 and expense incurred, and (3) the date or dates when the cost
14 and expense was incurred by the county, the lien holder of
15 record, or the intervenor. Upon payment of the cost and
16 expense by the owner of or persons interested in the property
17 after the notice of lien has been filed, the lien shall be
18 released by the county, the person in whose name the lien has
19 been filed, or the assignee of the lien, and the release may
20 be filed of record as in the case of filing notice of lien.
21 Unless the lien is enforced under subsection (b), the lien
22 may be enforced by foreclosure proceedings as in the case of
23 mortgage foreclosures under Article XV of the Code of Civil
24 Procedure or mechanics' lien foreclosures. An action to
25 foreclose this lien may be commenced at any time after the
26 date of filing of the notice of lien. The costs of
27 foreclosure incurred by the county, including court costs,
28 reasonable attorney's fees, advances to preserve the
29 property, and other costs related to the enforcement of this
30 subsection, plus statutory interest, are a lien on the real
31 estate and are recoverable by the county from the owner or
32 owners of the real estate.
33 All liens arising under this subsection (a) shall be
34 assignable. The assignee of the lien shall have the same
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1 power to enforce the lien as the assigning party, except that
2 the lien may not be enforced under subsection (b).
3 If the appropriate official of any county determines that
4 any dangerous and unsafe building or uncompleted and
5 abandoned building within its territory fulfills the
6 requirements for an action by the county under the Abandoned
7 Housing Rehabilitation Act, the county may petition under
8 that Act in a proceeding brought under this subsection.
9 (b) In any case where a county has obtained a lien under
10 subsection (a), the county may enforce the lien under this
11 subsection (b) in the same proceeding in which the lien is
12 authorized.
13 A county desiring to enforce a lien under this subsection
14 (b) shall petition the court to retain jurisdiction for
15 foreclosure proceedings under this subsection. Notice of the
16 petition shall be served, by certified or registered mail, on
17 all persons who were served notice under subsection (a). The
18 court shall conduct a hearing on the petition not less than
19 15 days after the notice is served. If the court determines
20 that the requirements of this subsection (b) have been
21 satisfied, it shall grant the petition and retain
22 jurisdiction over the matter until the foreclosure proceeding
23 is completed. The costs of foreclosure incurred by the
24 county, including court costs, reasonable attorneys' fees,
25 advances to preserve the property, and other costs related to
26 the enforcement of this subsection, plus statutory interest,
27 are a lien on the real estate and are recoverable by the
28 county from the owner or owners of the real estate. If the
29 court denies the petition, the county may enforce the lien in
30 a separate action as provided in subsection (a).
31 All persons designated in Section 15-1501 of the Code of
32 Civil Procedure as necessary parties in a mortgage
33 foreclosure action shall be joined as parties before issuance
34 of an order of foreclosure. Persons designated in Section
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1 15-1501 of the Code of Civil Procedure as permissible parties
2 may also be joined as parties in the action.
3 The provisions of Article XV of the Code of Civil
4 Procedure applicable to mortgage foreclosures shall apply to
5 the foreclosure of a lien under this subsection (b), except
6 to the extent that those provisions are inconsistent with
7 this subsection. For purposes of foreclosures of liens
8 under this subsection, however, the redemption period
9 described in subsection (b) of Section 15-1603 of the Code of
10 Civil Procedure shall end 60 days after the date of entry of
11 the order of foreclosure.
12 (c) In addition to any other remedy provided by law, the
13 county board of any county may petition the circuit court to
14 have property declared abandoned under this subsection (c)
15 if:
16 (1) the property has been tax delinquent for 2 or
17 more years or bills for water service for the property
18 have been outstanding for 2 or more years;
19 (2) the property is unoccupied by persons legally
20 in possession; and
21 (3) the property contains a dangerous or unsafe
22 building.
23 All persons having an interest of record in the property,
24 including tax purchasers and beneficial owners of any
25 Illinois land trust having title to the property, shall be
26 named as defendants in the petition and shall be served with
27 process. In addition, service shall be had under Section
28 2-206 of the Code of Civil Procedure as in other cases
29 affecting property.
30 The county, however, may proceed under this subsection in
31 a proceeding brought under subsection (a). Notice of the
32 petition shall be served by certified or registered mail on
33 all persons who were served notice under subsection (a).
34 If the county proves that the conditions described in
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1 this subsection exist and the owner of record of the property
2 does not enter an appearance in the action, or, if title to
3 the property is held by an Illinois land trust, if neither
4 the owner of record nor the owner of the beneficial interest
5 of the trust enters an appearance, the court shall declare
6 the property abandoned.
7 If that determination is made, notice shall be sent by
8 certified or registered mail to all persons having an
9 interest of record in the property, including tax purchasers
10 and beneficial owners of any Illinois land trust having title
11 to the property, stating that title to the property will be
12 transferred to the county unless, within 30 days of the
13 notice, the owner of record enters an appearance in the
14 action, or unless any other person having an interest in the
15 property files with the court a request to demolish the
16 dangerous or unsafe building or to put the building in safe
17 condition.
18 If the owner of record enters an appearance in the action
19 within the 30 day period, the court shall vacate its order
20 declaring the property abandoned. In that case, the county
21 may amend its complaint in order to initiate proceedings
22 under subsection (a).
23 If a request to demolish or repair the building is filed
24 within the 30 day period, the court shall grant permission to
25 the requesting party to demolish the building within 30 days
26 or to restore the building to safe condition within 60 days
27 after the request is granted. An extension of that period
28 for up to 60 additional days may be given for good cause. If
29 more than one person with an interest in the property files a
30 timely request, preference shall be given to the person with
31 the lien or other interest of the highest priority.
32 If the requesting party proves to the court that the
33 building has been demolished or put in a safe condition
34 within the period of time granted by the court, the court
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1 shall issue a quitclaim judicial deed for the property to the
2 requesting party, conveying only the interest of the owner of
3 record, upon proof of payment to the county of all costs
4 incurred by the county in connection with the action,
5 including but not limited to court costs, attorney's fees,
6 administrative costs, the costs, if any, associated with
7 building enclosure or removal, and receiver's certificates.
8 The interest in the property so conveyed shall be subject to
9 all liens and encumbrances on the property. In addition, if
10 the interest is conveyed to a person holding a certificate of
11 purchase for the property under the Property Tax Code, the
12 conveyance shall be subject to the rights of redemption of
13 all persons entitled to redeem under that Act, including the
14 original owner of record.
15 If no person with an interest in the property files a
16 timely request or if the requesting party fails to demolish
17 the building or put the building in safe condition within the
18 time specified by the court, the county may petition the
19 court to issue a judicial deed for the property to the
20 county. A conveyance by judicial deed shall operate to
21 extinguish all existing ownership interests in, liens on, and
22 other interest in the property, including tax liens.
23 (d) Each county may use the provisions of this
24 subsection to expedite the removal of certain buildings that
25 are a continuing hazard to the community in which they are
26 located.
27 If a residential building is 2 stories or less in height
28 as defined by the county's building code, and the official
29 designated to be in charge of enforcing the county's building
30 code determines that the building is open and vacant and an
31 immediate and continuing hazard to the community in which the
32 building is located, then the official shall be authorized to
33 post a notice not less than 2 feet by 2 feet in size on the
34 front of the building. The notice shall be dated as of the
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1 date of the posting and shall state that unless the building
2 is demolished, repaired, or enclosed, and unless any garbage,
3 debris, and other hazardous, noxious, or unhealthy substances
4 or materials are removed so that an immediate and continuing
5 hazard to the community no longer exists, then the building
6 may be demolished, repaired, or enclosed, or any garbage,
7 debris, and other hazardous, noxious, or unhealthy substances
8 or materials may be removed, by the county.
9 Not later than 30 days following the posting of the
10 notice, the county shall do both of the following:
11 (1) Cause to be sent, by certified mail, return
12 receipt requested, a notice to all owners of record of
13 the property, the beneficial owners of any Illinois land
14 trust having title to the property, and all lienholders
15 of record in the property, stating the intent of the
16 county to demolish, repair, or enclose the building or
17 remove any garbage, debris, or other hazardous, noxious,
18 or unhealthy substances or materials if that action is
19 not taken by the owner or owners.
20 (2) Cause to be published, in a newspaper published
21 or circulated in the county where the building is
22 located, a notice setting forth (i) the permanent tax
23 index number and the address of the building, (ii) a
24 statement that the property is open and vacant and
25 constitutes an immediate and continuing hazard to the
26 community, and (iii) a statement that the county intends
27 to demolish, repair, or enclose the building or remove
28 any garbage, debris, or other hazardous, noxious, or
29 unhealthy substances or materials if the owner or owners
30 or lienholders of record fail to do so. This notice
31 shall be published for 3 consecutive days.
32 A person objecting to the proposed actions of the county
33 board may file his or her objection in an appropriate form in
34 a court of competent jurisdiction.
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1 If the building is not demolished, repaired, or enclosed,
2 or the garbage, debris, or other hazardous, noxious, or
3 unhealthy substances or materials are not removed, within 30
4 days of mailing the notice to the owners of record, the
5 beneficial owners of any Illinois land trust having title to
6 the property, and all lienholders of record in the property,
7 or within 30 days of the last day of publication of the
8 notice, whichever is later, the county board shall have the
9 power to demolish, repair, or enclose the building or to
10 remove any garbage, debris, or other hazardous, noxious, or
11 unhealthy substances or materials.
12 The county may proceed to demolish, repair, or enclose a
13 building or remove any garbage, debris, or other hazardous,
14 noxious, or unhealthy substances or materials under this
15 subsection within a 120-day period following the date of the
16 mailing of the notice if the appropriate official determines
17 that the demolition, repair, enclosure, or removal of any
18 garbage, debris, or other hazardous, noxious, or unhealthy
19 substances or materials is necessary to remedy the immediate
20 and continuing hazard. If, however, before the county
21 proceeds with any of the actions authorized by this
22 subsection, any person has sought a hearing under this
23 subsection before a court and has served a copy of the
24 complaint on the chief executive officer of the county, then
25 the county shall not proceed with the demolition, repair,
26 enclosure, or removal of garbage, debris, or other substances
27 until the court determines that that action is necessary to
28 remedy the hazard and issues an order authorizing the county
29 to do so.
30 Following the demolition, repair, or enclosure of a
31 building, or the removal of garbage, debris, or other
32 hazardous, noxious, or unhealthy substances or materials
33 under this subsection, the county may file a notice of lien
34 against the real estate for the cost of the demolition,
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1 repair, enclosure, or removal within 180 days after the
2 repair, demolition, enclosure, or removal occurred, for the
3 cost and expense incurred, in the office of the recorder in
4 the county in which the real estate is located or in the
5 office of the registrar of titles of the county if the real
6 estate affected is registered under the Registered Titles
7 (Torrens) Act. The notice of lien shall consist of a sworn
8 statement setting forth (i) a description of the real estate,
9 such as the address or other description of the property,
10 sufficient for its identification; (ii) the expenses incurred
11 by the county in undertaking the remedial actions authorized
12 under this subsection; (iii) the date or dates the expenses
13 were incurred by the county; (iv) a statement by the official
14 responsible for enforcing the building code that the building
15 was open and vacant and constituted an immediate and
16 continuing hazard to the community; (v) a statement by the
17 official that the required sign was posted on the building,
18 that notice was sent by certified mail to the owners of
19 record, and that notice was published in accordance with this
20 subsection; and (vi) a statement as to when and where the
21 notice was published. The lien authorized by this subsection
22 may thereafter be released or enforced by the county as
23 provided in subsection (a).
24 (e) In any case where a county has obtained a lien under
25 subsection (a), the county may also bring an action for a
26 money judgment against the owner or owners of the real estate
27 in the amount of the lien in the same manner as provided for
28 bringing causes of action in Article II of the Code of Civil
29 Procedure and, upon obtaining a judgment, file a judgment
30 lien against all of the real estate of the owner or owners
31 and enforce that lien as provided for in Article XII of the
32 Code of Civil Procedure.
33 (Source: P.A. 90-14, eff. 7-1-97; 90-517, eff. 8-22-97;
34 91-533, eff. 8-13-99; 91-561, eff. 1-1-00.)
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1 (55 ILCS 5/5-12017) (from Ch. 34, par. 5-12017)
2 Sec. 5-12017. Violations. In case any building or
3 structure is erected, constructed, reconstructed, altered,
4 repaired, converted or maintained or any building, structure
5 or land is used in violation of this Division or of any
6 ordinance, resolution or other regulation made under
7 authority conferred thereby, the proper authorities of the
8 county or of the township in which the building, structure,
9 or land is located, or any person the value or use of whose
10 property is or may be affected by such violation, in addition
11 to other remedies, may institute any appropriate action or
12 proceedings in the circuit court to prevent such unlawful
13 erection, construction, reconstruction, alteration, repair,
14 conversion, maintenance or use, to restrain, correct, or
15 abate such violation, to prevent the occupancy of said
16 building, structure or land or to prevent any illegal act,
17 conduct, business, or use in or about such premises.
18 Any person who violates the terms of any ordinance
19 adopted under the authority of this Division shall be guilty
20 of a petty offense punishable by a fine not to exceed $500,
21 with each week the violation remains uncorrected constituting
22 a separate offense.
23 (Source: P.A. 86-962.)
24 Section 10. The Township Code is amended by adding
25 Section 85-50 as follows:
26 (60 ILCS 1/85-50 new)
27 Sec. 85-50. Demolition, repair, or enclosure of
28 buildings.
29 (a) The township board of any township may formally
30 request the county board to commence specified proceedings
31 with respect to property located within the township but
32 outside the territory of any municipality as provided in
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1 Section 5-1121 of the Counties Code. If the county board
2 declines the request as provided in Section 5-1121 of the
3 Counties Code, the township may exercise its powers under
4 this Section.
5 (b) The township board of each township may demolish,
6 repair, or enclose or cause the demolition, repair, or
7 enclosure of dangerous and unsafe buildings or uncompleted
8 and abandoned buildings within the territory of the township
9 and may remove or cause the removal of garbage, debris, and
10 other hazardous, noxious, or unhealthy substances or
11 materials from those buildings.
12 The township board shall apply to the circuit court of
13 the county in which the building is located (i) for an order
14 authorizing action to be taken with respect to a building if
15 the owner or owners of the building, including the lien
16 holders of record, after at least 15 days' written notice by
17 mail to do so, have failed to commence proceedings to put the
18 building in a safe condition or to demolish it or (ii) for an
19 order requiring the owner or owners of record to demolish,
20 repair, or enclose the building or to remove garbage, debris,
21 and other hazardous, noxious, or unhealthy substances or
22 materials from the building. It is not a defense to the
23 cause of action that the building is boarded up or otherwise
24 enclosed, although the court may order the defendant to have
25 the building boarded up or otherwise enclosed. Where, upon
26 diligent search, the identity or whereabouts of the owner or
27 owners of the building, including the lien holders of record,
28 is not ascertainable, notice mailed to the person or persons
29 in whose name the real estate was last assessed and the
30 posting of the notice upon the premises sought to be
31 demolished or repaired is sufficient notice under this
32 Section.
33 The hearing upon the application to the circuit court
34 shall be expedited by the court and shall be given precedence
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1 over all other suits.
2 The cost of the demolition, repair, enclosure, or removal
3 incurred by the township, by an intervenor, or by a lien
4 holder of record, including court costs, attorney's fees, and
5 other costs related to the enforcement of this Section, is
6 recoverable from the owner or owners of the real estate or
7 the previous owner or both if the property was transferred
8 during the 15-day notice period and is a lien on the real
9 estate if, within 180 days after the repair, demolition,
10 enclosure, or removal, the township, the lien holder of
11 record, or the intervenor who incurred the cost and expense
12 shall file a notice of lien for the cost and expense incurred
13 in the office of the recorder in the county in which the real
14 estate is located or in the office of the registrar of titles
15 of the county if the real estate affected is registered under
16 the Registered Titles (Torrens) Act. The lien becomes
17 effective at the time of filing.
18 The notice must consist of a sworn statement setting out
19 (1) a description of the real estate sufficient for its
20 identification, (2) the amount of money representing the cost
21 and expense incurred, and (3) the date or dates when the cost
22 and expense was incurred by the township, the lien holder of
23 record, or the intervenor. Upon payment of the cost and
24 expense by the owner of or persons interested in the property
25 after the notice of lien has been filed, the lien shall be
26 released by the township, the person in whose name the lien
27 has been filed, or the assignee of the lien, and the release
28 may be filed of record as in the case of filing notice of
29 lien. Unless the lien is enforced under subsection (c), the
30 lien may be enforced by foreclosure proceedings as in the
31 case of mortgage foreclosures under Article XV of the Code of
32 Civil Procedure or mechanics' lien foreclosures. An action to
33 foreclose this lien may be commenced at any time after the
34 date of filing of the notice of lien. The costs of
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1 foreclosure incurred by the township, including court costs,
2 reasonable attorney's fees, advances to preserve the
3 property, and other costs related to the enforcement of this
4 subsection, plus statutory interest, are a lien on the real
5 estate and are recoverable by the township from the owner or
6 owners of the real estate.
7 All liens arising under this subsection (b) shall be
8 assignable. The assignee of the lien shall have the same
9 power to enforce the lien as the assigning party, except that
10 the lien may not be enforced under subsection (c).
11 (c) In any case where a township has obtained a lien
12 under subsection (b), the township may enforce the lien under
13 this subsection (c) in the same proceeding in which the lien
14 is authorized.
15 A township desiring to enforce a lien under this
16 subsection (c) shall petition the court to retain
17 jurisdiction for foreclosure proceedings under this
18 subsection. Notice of the petition shall be served, by
19 certified or registered mail, on all persons who were served
20 notice under subsection (b). The court shall conduct a
21 hearing on the petition not less than 15 days after the
22 notice is served. If the court determines that the
23 requirements of this subsection (c) have been satisfied, it
24 shall grant the petition and retain jurisdiction over the
25 matter until the foreclosure proceeding is completed. The
26 costs of foreclosure incurred by the township, including
27 court costs, reasonable attorneys' fees, advances to preserve
28 the property, and other costs related to the enforcement of
29 this subsection, plus statutory interest, are a lien on the
30 real estate and are recoverable by the township from the
31 owner or owners of the real estate. If the court denies the
32 petition, the township may enforce the lien in a separate
33 action as provided in subsection (b).
34 All persons designated in Section 15-1501 of the Code of
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1 Civil Procedure as necessary parties in a mortgage
2 foreclosure action shall be joined as parties before issuance
3 of an order of foreclosure. Persons designated in Section
4 15-1501 of the Code of Civil Procedure as permissible parties
5 may also be joined as parties in the action.
6 The provisions of Article XV of the Code of Civil
7 Procedure applicable to mortgage foreclosures shall apply to
8 the foreclosure of a lien under this subsection (c), except
9 to the extent that those provisions are inconsistent with
10 this subsection. For purposes of foreclosures of liens
11 under this subsection, however, the redemption period
12 described in subsection (c) of Section 15-1603 of the Code of
13 Civil Procedure shall end 60 days after the date of entry of
14 the order of foreclosure.
15 (d) In addition to any other remedy provided by law, the
16 township board of any township may petition the circuit court
17 to have property declared abandoned under this subsection (d)
18 if:
19 (1) the property has been tax delinquent for 2 or
20 more years or bills for water service for the property
21 have been outstanding for 2 or more years;
22 (2) the property is unoccupied by persons legally
23 in possession; and
24 (3) the property contains a dangerous or unsafe
25 building.
26 All persons having an interest of record in the property,
27 including tax purchasers and beneficial owners of any
28 Illinois land trust having title to the property, shall be
29 named as defendants in the petition and shall be served with
30 process. In addition, service shall be had under Section
31 2-206 of the Code of Civil Procedure as in other cases
32 affecting property.
33 The township, however, may proceed under this subsection
34 in a proceeding brought under subsection (b). Notice of the
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1 petition shall be served by certified or registered mail on
2 all persons who were served notice under subsection (b).
3 If the township proves that the conditions described in
4 this subsection exist and the owner of record of the property
5 does not enter an appearance in the action, or, if title to
6 the property is held by an Illinois land trust, if neither
7 the owner of record nor the owner of the beneficial interest
8 of the trust enters an appearance, the court shall declare
9 the property abandoned.
10 If that determination is made, notice shall be sent by
11 certified or registered mail to all persons having an
12 interest of record in the property, including tax purchasers
13 and beneficial owners of any Illinois land trust having title
14 to the property, stating that title to the property will be
15 transferred to the township unless, within 30 days of the
16 notice, the owner of record enters an appearance in the
17 action, or unless any other person having an interest in the
18 property files with the court a request to demolish the
19 dangerous or unsafe building or to put the building in safe
20 condition.
21 If the owner of record enters an appearance in the action
22 within the 30-day period, the court shall vacate its order
23 declaring the property abandoned. In that case, the township
24 may amend its complaint in order to initiate proceedings
25 under subsection (b).
26 If a request to demolish or repair the building is filed
27 within the 30-day period, the court shall grant permission to
28 the requesting party to demolish the building within 30 days
29 or to restore the building to safe condition within 60 days
30 after the request is granted. An extension of that period
31 for up to 60 additional days may be given for good cause. If
32 more than one person with an interest in the property files a
33 timely request, preference shall be given to the person with
34 the lien or other interest of the highest priority.
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1 If the requesting party proves to the court that the
2 building has been demolished or put in a safe condition
3 within the period of time granted by the court, the court
4 shall issue a quitclaim judicial deed for the property to the
5 requesting party, conveying only the interest of the owner of
6 record, upon proof of payment to the township of all costs
7 incurred by the township in connection with the action,
8 including but not limited to court costs, attorney's fees,
9 administrative costs, the costs, if any, associated with
10 building enclosure or removal, and receiver's certificates.
11 The interest in the property so conveyed shall be subject to
12 all liens and encumbrances on the property. In addition, if
13 the interest is conveyed to a person holding a certificate of
14 purchase for the property under the Property Tax Code, the
15 conveyance shall be subject to the rights of redemption of
16 all persons entitled to redeem under that Act, including the
17 original owner of record.
18 If no person with an interest in the property files a
19 timely request or if the requesting party fails to demolish
20 the building or put the building in safe condition within the
21 time specified by the court, the township may petition the
22 court to issue a judicial deed for the property to the
23 county. A conveyance by judicial deed shall operate to
24 extinguish all existing ownership interests in, liens on, and
25 other interest in the property, including tax liens.
26 (e) This Section applies only to requests made by
27 townships under subsection (a) before January 1, 2006 and
28 proceedings to implement or enforce this Section with respect
29 to matters related to or arising from those requests.
30 Section 99. Effective date. This Act takes effect upon
31 becoming law.
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