Bill Text: IL SB1721 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Property Tax Code. In provisions about delinquent property, provides that a county may take steps necessary (currently, shall take all steps necessary) to acquire title to the property and may manage and operate the property, including, but not limited to, mowing of grass, removal of nuisance greenery, removal of garbage, waste, debris or other materials, or the demolition, repair, or remediation of unsafe structures. Provides costs to be distributed to taxing districts, including operation and maintenance costs and all costs associated with county staff and overhead used to perform the duties of the trustees. Reduces the maximum penalty bids for the annual tax sale from 18% to 12%. In provisions about redemption of property, limits the assessments of penalties from every 6 months to 12 months. Makes conforming changes. Amends the Counties Code and Illinois Municipal Code. Modifies the requirements to have a circuit court declare property abandoned.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Passed) 2021-08-13 - Public Act . . . . . . . . . 102-0363 [SB1721 Detail]

Download: Illinois-2021-SB1721-Engrossed.html

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AN ACT concerning property.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 21-90, 21-215, and 21-355 as follows:
(35 ILCS 200/21-90)
Sec. 21-90. Purchase and sale by county; distribution of
proceeds. When any property is delinquent, or is forfeited
for each of 2 or more years, and is offered for sale under any
of the provisions of this Code, the County Board of the County
in which the property is located, in its discretion, may bid,
or, in the case of forfeited property, may apply to purchase
it, in the name of the County as trustee for all taxing
districts having an interest in the property's taxes or
special assessments for the nonpayment of which the property
is sold. The presiding officer of the county board, with the
advice and consent of the Board, may appoint on its behalf some
officer or person to attend such sales and bid or, in the case
of forfeited property, to apply to the county clerk to
purchase. The County shall apply on the bid or purchase the
unpaid taxes and special assessments due upon the property. No
cash need be paid. The County may shall take all steps
necessary to acquire title to the property and may manage and

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operate the property, including, but not limited to, mowing of
grass, removal of nuisance greenery, removal of garbage,
waste, debris or other materials, or the demolition, repair,
or remediation of unsafe structures. When a county, or other
taxing district within the county, is a petitioner for a tax
deed, no filing fee shall be required. When a county or other
taxing district within the county is the petitioner for a tax
deed, one petition may be filed including all parcels that are
tax delinquent within the county or taxing district, and any
publication made under Section 22-20 of this Code may combine
all such parcels within a single notice. The notice shall list
the street or common address, if known, of the parcels for
informational purposes. The county, as tax creditor and as
trustee for other tax creditors, or other taxing district
within the county, shall not be required to allege and prove
that all taxes and special assessments which become due and
payable after the sale to the county have been paid nor shall
the county be required to pay the subsequently accruing taxes
or special assessments at any time. The county board or its
designee may prohibit the county collector from including the
property in the tax sale of one or more subsequent years. The
lien of taxes and special assessments which become due and
payable after a sale to a county shall merge in the fee title
of the county, or other taxing district within the county, on
the issuance of a deed.
The County may sell or assign the property so acquired, or

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the certificate of purchase to it, to any party, including
taxing districts. The proceeds of that sale or assignment,
less all costs of the county incurred in the acquisition,
operation, maintenance, and sale or assignment of the
property, including all costs associated with county staff and
overhead used to perform the duties of the trustee set forth in
this Section, shall be distributed to the taxing districts in
proportion to their respective interests therein.
Under Sections 21-110, 21-115, 21-120 and 21-405, a County
may bid or purchase only in the absence of other bidders.
(Source: P.A. 88-455; 88-535; 89-412, eff. 11-17-95.)
(35 ILCS 200/21-215)
Sec. 21-215. Penalty bids. The person at the sale offering
to pay the amount due on each property for the least penalty
percentage shall be the purchaser of that property. No bid
shall be accepted for a penalty exceeding 12% 18% of the amount
of the tax or special assessment on property.
(Source: P.A. 86-1431; 86-1480; 88-455.)
(35 ILCS 200/21-355)
Sec. 21-355. Amount of redemption. Any person desiring to
redeem shall deposit an amount specified in this Section with
the county clerk of the county in which the property is
situated, in legal money of the United States, or by cashier's
check, certified check, post office money order or money order

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issued by a financial institution insured by an agency or
instrumentality of the United States, payable to the county
clerk of the proper county. The deposit shall be deemed timely
only if actually received in person at the county clerk's
office prior to the close of business as defined in Section
3-2007 of the Counties Code on or before the expiration of the
period of redemption or by United States mail with a post
office cancellation mark dated not less than one day prior to
the expiration of the period of redemption. The deposit shall
be in an amount equal to the total of the following:
(a) the certificate amount, which shall include all
tax principal, special assessments, interest and penalties
paid by the tax purchaser together with costs and fees of
sale and fees paid under Sections 21-295 and 21-315
through 21-335;
(b) the accrued penalty, computed through the date of
redemption as a percentage of the certificate amount, as
follows:
(1) if the redemption occurs on or before the
expiration of 12 6 months from the date of sale, the
certificate amount times the penalty bid at sale;
(2) if the redemption occurs after 12 6 months
from the date of sale, and on or before the expiration
of 24 12 months from the date of sale, the certificate
amount times 2 times the penalty bid at sale;
(3) if the redemption occurs after 24 12 months

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from the date of sale and on or before the expiration
of 36 18 months from the date of sale, the certificate
amount times 3 times the penalty bid at sale;
(4) if the redemption occurs after 18 months from
the date of sale and on or before the expiration of 24
months from the date of sale, the certificate amount
times 4 times the penalty bid at sale;
(5) if the redemption occurs after 24 months from
the date of sale and on or before the expiration of 30
months from the date of sale, the certificate amount
times 5 times the penalty bid at sale;
(6) if the redemption occurs after 30 months from
the date of sale and on or before the expiration of 36
months from the date of sale, the certificate amount
times 6 times the penalty bid at sale. In the event
that the property to be redeemed has been purchased
under Section 21-405, the penalty bid shall be 12% per
penalty period as set forth in subparagraphs (1)
through (3) (6) of this subsection (b). The changes to
this subdivision (b)(6) made by this amendatory Act of
the 91st General Assembly are not a new enactment, but
declaratory of existing law.
(c) The total of all taxes, special assessments,
accrued interest on those taxes and special assessments
and costs charged in connection with the payment of those
taxes or special assessments, which have been paid by the

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tax certificate holder on or after the date those taxes or
special assessments became delinquent together with 12%
penalty on each amount so paid for each year or portion
thereof intervening between the date of that payment and
the date of redemption. In counties with less than
3,000,000 inhabitants, however, a tax certificate holder
may not pay all or part of an installment of a subsequent
tax or special assessment for any year, nor shall any
tender of such a payment be accepted, until after the
second or final installment of the subsequent tax or
special assessment has become delinquent or until after
the holder of the certificate of purchase has filed a
petition for a tax deed under Section 22.30. The person
redeeming shall also pay the amount of interest charged on
the subsequent tax or special assessment and paid as a
penalty by the tax certificate holder. This amendatory Act
of 1995 applies to tax years beginning with the 1995
taxes, payable in 1996, and thereafter.
(d) Any amount paid to redeem a forfeiture occurring
subsequent to the tax sale together with 12% penalty
thereon for each year or portion thereof intervening
between the date of the forfeiture redemption and the date
of redemption from the sale.
(e) Any amount paid by the certificate holder for
redemption of a subsequently occurring tax sale.
(f) All fees paid to the county clerk under Section

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22-5.
(g) All fees paid to the registrar of titles incident
to registering the tax certificate in compliance with the
Registered Titles (Torrens) Act.
(h) All fees paid to the circuit clerk and the
sheriff, a licensed or registered private detective, or
the coroner in connection with the filing of the petition
for tax deed and service of notices under Sections 22-15
through 22-30 and 22-40 in addition to (1) a fee of $35 if
a petition for tax deed has been filed, which fee shall be
posted to the tax judgement, sale, redemption, and
forfeiture record, to be paid to the purchaser or his or
her assignee; (2) a fee of $4 if a notice under Section
22-5 has been filed, which fee shall be posted to the tax
judgment, sale, redemption, and forfeiture record, to be
paid to the purchaser or his or her assignee; (3) all costs
paid to record a lis pendens notice in connection with
filing a petition under this Code; and (4) if a petition
for tax deed has been filed, all fees up to $150 per
redemption paid to a registered or licensed title
insurance company or title insurance agent for a title
search to identify all owners, parties interested, and
occupants of the property, to be paid to the purchaser or
his or her assignee. The fees in (1) and (2) of this
paragraph (h) shall be exempt from the posting
requirements of Section 21-360. The costs incurred in

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causing notices to be served by a licensed or registered
private detective under Section 22-15, may not exceed the
amount that the sheriff would be authorized by law to
charge if those notices had been served by the sheriff.
(i) All fees paid for publication of notice of the tax
sale in accordance with Section 22-20.
(j) All sums paid to any county, city, village or
incorporated town for reimbursement under Section 22-35.
(k) All costs and expenses of receivership under
Section 21-410, to the extent that these costs and
expenses exceed any income from the property in question,
if the costs and expenditures have been approved by the
court appointing the receiver and a certified copy of the
order or approval is filed and posted by the certificate
holder with the county clerk. Only actual costs expended
may be posted on the tax judgment, sale, redemption and
forfeiture record.
(Source: P.A. 98-1162, eff. 6-1-15.)
Section 10. The Counties Code is amended by changing
Section 5-1121 as follows:
(55 ILCS 5/5-1121)
Sec. 5-1121. Demolition, repair, or enclosure.
(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 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 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.
The county board shall apply to the circuit court of the

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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, 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.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits.
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

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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.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
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 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

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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 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.
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).
If the appropriate official of any county determines that
any dangerous and unsafe building or uncompleted and abandoned
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.
(b) In any case where a county has obtained a lien under
subsection (a), the county may enforce the lien under this
subsection (b) in the same proceeding in which the lien is
authorized.
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

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all persons who were served notice under subsection (a). The
court shall conduct a hearing on the petition not less than 15
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 estate. If the court denies the petition,
the county may enforce the lien in a separate action as
provided in subsection (a).
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.
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.
(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:
(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;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property's condition impairs public health,
safety, or welfare for reasons specified in the petition
property contains a dangerous or unsafe building.
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, 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,
including publication in a newspaper that is in circulation in
the county in which the action is pending. At least 30 days
prior to any declaration of abandonment, the county or its
agent shall post a notice not less than 1 foot by 1 foot in
size on the front of the subject building or property. The
notice shall be dated as of the date of the posting and state

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that the county is seeking a declaration of abandonment for
the property. The notice shall also include the case number
for the underlying circuit court petition filed pursuant to
this subsection and a notification that the owner should file
an appearance in the matter if the property is not abandoned.
The county, however, may proceed under this subsection in
a proceeding brought under subsection (a). Notice of the
petition shall be served by certified or registered mail on
all persons who were served notice under subsection (a).
If the county proves that the conditions described in this
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.
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 unless any other person having an interest in the
property files with the court a request to demolish any or all
the dangerous or unsafe buildings building or to put the

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property building in safe condition.
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).
If a request to demolish any or all dangerous or unsafe
buildings or to otherwise put the property in safe condition
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
property 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
request, preference shall be given to the person with the lien
or other interest of the highest priority.
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 costs, if any, associated with property maintenance

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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 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 that Act, including the
original owner of record.
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 property 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 or another governmental body designated by the
county in the petition. 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.
(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.
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 authorized to post a notice not less than 2 feet by 2

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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 continuing hazard to the community no longer
exists, then the 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.
Not later than 30 days following the posting of the
notice, the county shall do both of the following:
(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
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.
(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

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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.
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.
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 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.
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

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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
court and has served a copy of the complaint on the chief
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 an order authorizing the county to do so.
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
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

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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
vacant and constituted an immediate and continuing hazard to
the community; (v) a statement by the official that the
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).
(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

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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
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

SB1721 Engrossed - 23 - LRB102 14259 AWJ 19611 b
subsection as provided in subsection (a).
(Source: P.A. 101-200, eff. 1-1-20.)
Section 15. The Illinois Municipal Code is amended by
changing Section 11-31-1 as follows:
(65 ILCS 5/11-31-1) (from Ch. 24, par. 11-31-1)
Sec. 11-31-1. Demolition, repair, enclosure, or
remediation.
(a) The corporate authorities of each municipality may
demolish, repair, or enclose or cause the demolition, repair,
or enclosure of dangerous and unsafe buildings or uncompleted
and abandoned buildings within the territory of the
municipality and may remove or cause the removal of garbage,
debris, and other hazardous, noxious, or unhealthy substances
or materials from those buildings. 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 that county may exercise
those powers with regard to dangerous and unsafe buildings or
uncompleted and abandoned buildings within the territory of
any city, village, or incorporated town having less than
50,000 population.
The corporate authorities 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

SB1721 Engrossed - 24 - LRB102 14259 AWJ 19611 b
the owner or owners of the building, including the lien
holders of record, after at least 15 days' written notice by
mail so to do, have failed 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, 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 is sufficient notice
under this Section.
The hearing upon the application to the circuit court
shall be expedited by the court and shall be given precedence
over all other suits. Any person entitled to bring an action
under subsection (b) shall have the right to intervene in an
action brought under this Section.
The cost of the demolition, repair, enclosure, or removal
incurred by the municipality, 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

SB1721 Engrossed - 25 - LRB102 14259 AWJ 19611 b
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 municipality, 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.
The notice must consist of a sworn statement setting out
(1) a description of the real estate sufficient for its
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 municipality, 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 notice of lien has been filed, the lien shall be
released by the municipality, 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 (c), 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

SB1721 Engrossed - 26 - LRB102 14259 AWJ 19611 b
foreclose this lien may be commenced at any time after the date
of filing of the notice of lien. The costs of foreclosure
incurred by the municipality, 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 municipality from the owner or owners of
the real estate.
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 (c).
If the appropriate official of any municipality determines
that any dangerous and unsafe building or uncompleted and
abandoned building within its territory fulfills the
requirements for an action by the municipality under the
Abandoned Housing Rehabilitation Act, the municipality may
petition under that Act in a proceeding brought under this
subsection.
(b) Any owner or tenant of real property within 1200 feet
in any direction of any dangerous or unsafe building located
within the territory of a municipality with a population of
500,000 or more may file with the appropriate municipal
authority a request that the municipality apply to the circuit
court of the county in which the building is located for an
order permitting the demolition, removal of garbage, debris,

SB1721 Engrossed - 27 - LRB102 14259 AWJ 19611 b
and other noxious or unhealthy substances and materials from,
or repair or enclosure of the building in the manner
prescribed in subsection (a) of this Section. If the
municipality fails to institute an action in circuit court
within 90 days after the filing of the request, the owner or
tenant of real property within 1200 feet in any direction of
the building may institute an action in circuit court seeking
an order compelling the owner or owners of record to demolish,
remove garbage, debris, and other noxious or unhealthy
substances and materials from, repair or enclose or to cause
to be demolished, have garbage, debris, and other noxious or
unhealthy substances and materials removed from, repaired, or
enclosed the building in question. A private owner or tenant
who institutes an action under the preceding sentence shall
not be required to pay any fee to the clerk of the circuit
court. The cost of repair, removal, demolition, or enclosure
shall be borne by the owner or owners of record of the
building. In the event the owner or owners of record fail to
demolish, remove garbage, debris, and other noxious or
unhealthy substances and materials from, repair, or enclose
the building within 90 days of the date the court entered its
order, the owner or tenant who instituted the action may
request that the court join the municipality as a party to the
action. The court may order the municipality to demolish,
remove materials from, repair, or enclose the building, or
cause that action to be taken upon the request of any owner or

SB1721 Engrossed - 28 - LRB102 14259 AWJ 19611 b
tenant who instituted the action or upon the municipality's
request. The municipality may file, and the court may approve,
a plan for rehabilitating the building in question. A court
order authorizing the municipality to demolish, remove
materials from, repair, or enclose a building, or cause that
action to be taken, shall not preclude the court from
adjudging the owner or owners of record of the building in
contempt of court due to the failure to comply with the order
to demolish, remove garbage, debris, and other noxious or
unhealthy substances and materials from, repair, or enclose
the building.
If a municipality or a person or persons other than the
owner or owners of record pay the cost of demolition, removal
of garbage, debris, and other noxious or unhealthy substances
and materials, repair, or enclosure pursuant to a court order,
the cost, including court costs, attorney's fees, and other
costs related to the enforcement of this subsection, is
recoverable from the owner or owners of the real estate 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, removal, demolition, or enclosure, the
municipality or the person or persons who paid the costs of
demolition, removal, repair, or enclosure shall file a notice
of lien of 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 the county if the real estate

SB1721 Engrossed - 29 - LRB102 14259 AWJ 19611 b
affected is registered under the Registered Titles (Torrens)
Act. The notice shall be in a form as is provided in subsection
(a). An owner or tenant who institutes an action in circuit
court seeking an order to compel the owner or owners of record
to demolish, remove materials from, repair, or enclose any
dangerous or unsafe building, or to cause that action to be
taken under this subsection may recover court costs and
reasonable attorney's fees for instituting the action from the
owner or owners of record of the building. Upon payment of the
costs and expenses by the owner of or a person interested in
the property after the notice of lien has been filed, the lien
shall be released by the municipality or the person in whose
name the lien has been filed or his or her assignee, and the
release may be filed of record as in the case of filing a
notice of lien. Unless the lien is enforced under subsection
(c), 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 lien. The costs of foreclosure
incurred by the municipality, 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 municipality from the owner or owners of
the real estate.

SB1721 Engrossed - 30 - LRB102 14259 AWJ 19611 b
All liens arising under the terms of this subsection (b)
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 (c).
(c) In any case where a municipality has obtained a lien
under subsection (a), (b), or (f), the municipality may
enforce the lien under this subsection (c) in the same
proceeding in which the lien is authorized.
A municipality desiring to enforce a lien under this
subsection (c) 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),
(b), or (f). The court shall conduct a hearing on the petition
not less than 15 days after the notice is served. If the court
determines that the requirements of this subsection (c) 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
municipality, 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 municipality from the owner or owners of the real estate.
If the court denies the petition, the municipality may enforce
the lien in a separate action as provided in subsection (a),

SB1721 Engrossed - 31 - LRB102 14259 AWJ 19611 b
(b), or (f).
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.
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 (c), 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
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.
(d) In addition to any other remedy provided by law, the
corporate authorities of any municipality may petition the
circuit court to have property declared abandoned under this
subsection (d) if:
(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;
(2) the property is unoccupied by persons legally in
possession; and
(3) the property's condition impairs public health,

SB1721 Engrossed - 32 - LRB102 14259 AWJ 19611 b
safety, or welfare property contains a dangerous or unsafe
building for reasons specified in the petition.
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, 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,
including publication in a newspaper that is in circulation in
the county in which the action is pending. At least 30 days
prior to any declaration of abandonment, the municipality or
its agent shall post a notice not less than 1 foot by 1 foot in
size on the front of the subject building or property. The
notice shall be dated as of the date of the posting and state
that the municipality is seeking a declaration of abandonment
for the property. The notice shall also include the case
number for the underlying circuit court petition filed
pursuant to this subsection and a notification that the owner
should file an appearance in the matter if the property is not
abandoned.
The municipality, however, may proceed under this
subsection in a proceeding brought under subsection (a) or
(b). Notice of the petition shall be served in person or by
certified or registered mail on all persons who were served
notice under subsection (a) or (b).
If the municipality proves that the conditions described

SB1721 Engrossed - 33 - LRB102 14259 AWJ 19611 b
in this subsection exist and (i) 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, or (ii) if the
owner of record or the beneficiary of a land trust, if title to
the property is held by an Illinois land trust, enters an
appearance and specifically waives his or her rights under
this subsection (d), the court shall declare the property
abandoned. Notwithstanding any waiver, the municipality may
move to dismiss its petition at any time. In addition, any
waiver in a proceeding under this subsection (d) does not
serve as a waiver for any other proceeding under law or equity.
If that determination is made, notice shall be sent in
person or 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 municipality unless,
within 30 days of the notice, the owner of record or any other
person having an interest in the property files with the court
a request to demolish any or all the dangerous or unsafe
buildings building or to put the building in safe condition,
or unless the owner of record enters an appearance and proves
that the owner does not intend to abandon the property.
If the owner of record enters an appearance in the action

SB1721 Engrossed - 34 - LRB102 14259 AWJ 19611 b
within the 30 day period, but does not at that time file with
the court a request to demolish the dangerous or unsafe
building or to put the property building in safe condition, or
specifically waive his or her rights under this subsection
(d), the court shall vacate its order declaring the property
abandoned if it determines that the owner of record does not
intend to abandon the property. In that case, the municipality
may amend its complaint in order to initiate proceedings under
subsection (a), or it may request that the court order the
owner to demolish buildings the building or repair the
dangerous or unsafe conditions of the property building
alleged in the petition or seek the appointment of a receiver
or other equitable relief to correct the conditions at the
property. The powers and rights of a receiver appointed under
this subsection (d) shall include all of the powers and rights
of a receiver appointed under Section 11-31-2 of this Code.
If a request to demolish or repair a the building or
property is filed within the 30 day period, the court shall
grant permission to the requesting party to demolish the
building or repair the property 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
request, preference shall be given to the owner of record if
the owner filed a request or, if the owner did not, the person

SB1721 Engrossed - 35 - LRB102 14259 AWJ 19611 b
with the lien or other interest of the highest priority.
If the requesting party (other than the owner of record)
proves to the court that the building has been demolished or
put in a safe condition in accordance with the local safety
codes 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 municipality of all costs
incurred by the municipality in connection with the action,
including but not limited to court costs, attorney's fees,
administrative costs, the costs, if any, associated with
property maintenance 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
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
that Act, including the original owner of record. If the
requesting party is the owner of record and proves to the court
that the building has been demolished or put in a safe
condition in accordance with the local safety codes within the
period of time granted by the court, the court shall dismiss
the proceeding under this subsection (d).
If the owner of record has not entered an appearance and
proven that the owner did not intend to abandon the property,

SB1721 Engrossed - 36 - LRB102 14259 AWJ 19611 b
and 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 property building in safe condition
within the time specified by the court, the municipality may
petition the court to issue a judicial deed for the property to
the municipality or another governmental body designated by
the municipality in the petition. 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, and shall extinguish the rights and
interests of any and all holders of a bona fide certificate of
purchase of the property for delinquent taxes. Any such bona
fide certificate of purchase holder shall be entitled to a
sale in error as prescribed under Section 21-310 of the
Property Tax Code.
(e) Each municipality 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.
If a residential or commercial building is 3 stories or
less in height as defined by the municipality's building code,
and the corporate official designated to be in charge of
enforcing the municipality's building code determines that the
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 authorized to post a notice not less than

SB1721 Engrossed - 37 - LRB102 14259 AWJ 19611 b
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 continuing hazard to the community no
longer exists, then the 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 municipality.
Not later than 30 days following the posting of the
notice, the municipality shall do all of the following:
(1) Cause to be sent, by certified mail, return
receipt requested, a Notice to Remediate to all owners of
record of the property, the beneficial owners of any
Illinois land trust having title to the property, and all
lienholders of record in the property, stating the intent
of the municipality 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.
(2) Cause to be published, in a newspaper published or
circulated in the municipality 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

SB1721 Engrossed - 38 - LRB102 14259 AWJ 19611 b
constitutes an immediate and continuing hazard to the
community, and (iii) a statement that the municipality
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.
(3) Cause to be recorded the Notice to Remediate
mailed under paragraph (1) 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 is registered under the Registered Title (Torrens)
Act.
Any person or persons with a current legal or equitable
interest in the property objecting to the proposed actions of
the corporate authorities may file his or her objection in an
appropriate form in a court of competent jurisdiction.
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 within 30 days of the last day of publication of the notice,
whichever is later, the corporate authorities shall have the
power to demolish, repair, or enclose the building or to

SB1721 Engrossed - 39 - LRB102 14259 AWJ 19611 b
remove any garbage, debris, or other hazardous, noxious, or
unhealthy substances or materials.
The municipality 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
municipality proceeds with any of the actions authorized by
this subsection, any person with a legal or equitable interest
in the property has sought a hearing under this subsection
before a court and has served a copy of the complaint on the
chief executive officer of the municipality, then the
municipality 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 an order authorizing the
municipality to do so. If the court dismisses the action for
want of prosecution, the municipality must send the objector a
copy of the dismissal order and a letter stating that the
demolition, repair, enclosure, or removal of garbage, debris,
or other substances will proceed unless, within 30 days after
the copy of the order and the letter are mailed, the objector

SB1721 Engrossed - 40 - LRB102 14259 AWJ 19611 b
moves to vacate the dismissal and serves a copy of the motion
on the chief executive officer of the municipality.
Notwithstanding any other law to the contrary, if the objector
does not file a motion and give the required notice, if the
motion is denied by the court, or if the action is again
dismissed for want of prosecution, then the dismissal is with
prejudice and the demolition, repair, enclosure, or removal
may proceed forthwith.
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 municipality 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; this lien has priority over the interests of those
parties named in the Notice to Remediate mailed under
paragraph (1), but not over the interests of third party
purchasers or encumbrancers for value who obtained their
interests in the property before obtaining actual or
constructive notice of the lien. The notice of lien shall
consist of a sworn statement setting forth (i) a description

SB1721 Engrossed - 41 - LRB102 14259 AWJ 19611 b
of the real estate, such as the address or other description of
the property, sufficient for its identification; (ii) the
expenses incurred by the municipality in undertaking the
remedial actions authorized under this subsection; (iii) the
date or dates the expenses were incurred by the municipality;
(iv) a statement by the corporate official responsible for
enforcing the building code that the building was open and
vacant and constituted an immediate and continuing hazard to
the community; (v) a statement by the corporate official that
the 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 municipality as provided in subsection (a).
(f) The corporate authorities of each municipality may
remove or cause the removal of, or otherwise environmentally
remediate hazardous substances and petroleum products on, in,
or under any abandoned and unsafe property within the
territory of a municipality. In addition, where preliminary
evidence indicates the presence or likely presence of a
hazardous substance or a petroleum product or a release or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under the property, the corporate
authorities of the municipality may inspect the property and
test for the presence or release of hazardous substances and

SB1721 Engrossed - 42 - LRB102 14259 AWJ 19611 b
petroleum products. 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 that county may exercise the above-described
powers with regard to property within the territory of any
city, village, or incorporated town having less than 50,000
population.
For purposes of this subsection (f):
(1) "property" or "real estate" means all real
property, whether or not improved by a structure;
(2) "abandoned" means;
(A) the property has been tax delinquent for 2 or
more years;
(B) the property is unoccupied by persons legally
in possession; and
(3) "unsafe" means property that presents an actual or
imminent threat to public health and safety caused by the
release of hazardous substances; and
(4) "hazardous substances" means the same as in
Section 3.215 of the Environmental Protection Act.
The corporate authorities shall apply to the circuit court
of the county in which the property is located (i) for an order
allowing the municipality to enter the property and inspect
and test substances on, in, or under the property; or (ii) for
an order authorizing the corporate authorities to take action
with respect to remediation of the property if conditions on

SB1721 Engrossed - 43 - LRB102 14259 AWJ 19611 b
the property, based on the inspection and testing authorized
in paragraph (i), indicate the presence of hazardous
substances or petroleum products. Remediation shall be deemed
complete for purposes of paragraph (ii) above when the
property satisfies Tier I, II, or III remediation objectives
for the property's most recent usage, as established by the
Environmental Protection Act, and the rules and regulations
promulgated thereunder. Where, upon diligent search, the
identity or whereabouts of the owner or owners of the
property, 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 is sufficient notice
under this Section.
The court shall grant an order authorizing testing under
paragraph (i) above upon a showing of preliminary evidence
indicating the presence or likely presence of a hazardous
substance or a petroleum product or a release of or a
substantial threat of a release of a hazardous substance or a
petroleum product on, in, or under abandoned property. The
preliminary evidence may include, but is not limited to,
evidence of prior use, visual site inspection, or records of
prior environmental investigations. The testing authorized by
paragraph (i) above shall include any type of investigation
which is necessary for an environmental professional to
determine the environmental condition of the property,
including but not limited to performance of soil borings and

SB1721 Engrossed - 44 - LRB102 14259 AWJ 19611 b
groundwater monitoring. The court shall grant a remediation
order under paragraph (ii) above where testing of the property
indicates that it fails to meet the applicable remediation
objectives. The hearing upon the application to the circuit
court shall be expedited by the court and shall be given
precedence over all other suits.
The cost of the inspection, testing, or remediation
incurred by the municipality or by a lien holder of record,
including court costs, attorney's fees, and other costs
related to the enforcement of this Section, is a lien on the
real estate; except that in any instances where a municipality
incurs costs of inspection and testing but finds no hazardous
substances or petroleum products on the property that present
an actual or imminent threat to public health and safety, such
costs are not recoverable from the owners nor are such costs a
lien on the real estate. The lien is superior to all prior
existing liens and encumbrances, except taxes and any lien
obtained under subsection (a) or (e), if, within 180 days
after the completion of the inspection, testing, or
remediation, the municipality or the lien holder of record 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
(i) a description of the real estate sufficient for its
identification, (ii) the amount of money representing the cost
and expense incurred, and (iii) the date or dates when the cost
and expense was incurred by the municipality or the lien
holder of record. Upon payment of the lien amount by the owner
of or persons interested in the property after the notice of
lien has been filed, a release of lien shall be issued by the
municipality, 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.
The lien may be enforced under subsection (c) or by
foreclosure proceedings as in the case of mortgage
foreclosures under Article XV of the Code of Civil Procedure
or mechanics' lien foreclosures; provided that where the lien
is enforced by foreclosure under subsection (c) or under
either statute, the municipality may not proceed against the
other assets of the owner or owners of the real estate for any
costs that otherwise would be recoverable under this Section
but that remain unsatisfied after foreclosure except where
such additional recovery is authorized by separate
environmental laws. An action to foreclose this lien may be
commenced at any time after the date of filing of the notice of
lien. The costs of foreclosure incurred by the municipality,
including court costs, reasonable attorney's fees, advances to
preserve the property, and other costs related to the

SB1721 Engrossed - 46 - LRB102 14259 AWJ 19611 b
enforcement of this subsection, plus statutory interest, are a
lien on the real estate.
All liens arising under this subsection (f) 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 (c).
(g) In any case where a municipality has obtained a lien
under subsection (a), the municipality 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.
(Source: P.A. 95-331, eff. 8-21-07; 95-931, eff. 1-1-09.)