Bill Text: IL HB2937 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Municipal Code. Defines "compliance lien". Provides that if a compliance lien has been filed against a property, then those costs associated with the lien may be treated as an existing, judicially-approved special assessment, as though an assessment warrant had been issued. Further provides that the municipality may collect the costs as a special assessment if it complies with applicable procedures. Requires that the owner of record or persons interested in the property shall pay the costs incurred by the municipality for collecting the costs associated with the lien. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2937 Detail]

Download: Illinois-2013-HB2937-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB2937 Introduced , by Rep. Jehan A. Gordon-Booth SYNOPSIS AS INTRODUCED:
65 ILCS 5/9-2-4.5
Amends the Illinois Municipal Code. Defines "compliance lien". Provides that if a compliance lien has been filed against a property, then those costs associated with the lien may be treated as an existing, judicially-approved special assessment, as though an assessment warrant had been issued. Further provides that the municipality may collect the costs as a special assessment if it complies with applicable procedures. Requires that the owner of record or persons interested in the property shall pay the costs incurred by the municipality for collecting the costs associated with the lien. Effective immediately.
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FISCAL 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 Illinois Municipal Code is amended by
changing Section 9-2-4.5 as follows:
(65 ILCS 5/9-2-4.5)
Sec. 9-2-4.5. Special assessment for payment of costs
associated with certain ordinance violations.
(a) For the purposes of this Section, the term "compliance
lien" means: For purposes of this Section, "Code" means any
municipal ordinance that requires, after notice, the cutting of
grass and weeds, the removal of garbage and debris, the removal
of inoperable motor vehicles, and rodent and vermin abatement.
(1) a lien filed under Division 20 of Article 11;
(2) a situation in which (i) a property owner is cited
with a Code violation under Division 31.1 of Article 11,
(ii) non-compliance is found upon reinspection of the
property after the due date for compliance with an order to
correct the Code violation or with an order for abatement,
(iii) costs for services rendered by the municipality to
correct the Code violation remain unpaid at the point in
time that they would become a debt due and owing the
municipality, as provided in Division 31.1 of Article 11,

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and (iv) a lien has been filed of record by the
municipality in the office of the recorder in the county in
which the property is located; or
(3) a lien filed by the municipality with respect to
any unpaid utility bills.
(b) In addition to any other method authorized by law, if a
compliance lien has been filed against a property (i) a
property owner is cited with a Code violation, (ii)
non-compliance is found upon reinspection of the property after
the due date for compliance with an order to correct the Code
violation or with an order for abatement, (iii) costs for
services rendered by the municipality to correct the Code
violation remain unpaid at the point in time that they would
become a debt due and owing the municipality, as provided in
Division 31.1 of Article 11 of the Illinois Municipal Code, and
(iv) a lien has been filed of record by the municipality in the
office of the recorder in the county in which the property is
located, then those costs associated with the lien may be
treated collected as an existing, judicially-approved a
special assessment, as though an assessment warrant had been
issued and all conditions precedent had been satisfied. The
municipality may collect those costs as a special assessment on
the property if it complies with the applicable procedures set
forth under Section 9-2-80 through Section 9-2-98. In such
cases, the county recorder or other officer of the county in
which the municipality is located that has the authority to

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receive State and county taxes and the court rendering judgment
and ordering sale of the delinquent special assessment shall
exempt the municipality from the otherwise applicable special
assessment warrant and certified assessment roll requirements
because the same will be deemed to have occurred by operation
of law under this Division. Upon payment of the costs by the
owner of record or persons interested in the property,
including any cost incurred by the municipality for collecting
the costs under this Section, the lien shall be released by the
municipality and the release shall be filed of record in the
same manner as the filing of notice of the lien.
(Source: P.A. 93-993, eff. 1-1-05.)
Section 99. Effective date. This Act takes effect upon
becoming law.