HB5263 94TH GENERAL ASSEMBLY

LRB094 15375 AJO 50566 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
HB5263

Introduced 1/25/2006, by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

65 ILCS 5/9-2-4.5

Amends the Illinois Municipal Code. Provides lien enforcement procedures concerning liens on real property filed by a municipality to recover costs incurred by the municipality to enforce ordinances that prohibit the presence of garbage, inoperable vehicles, vermin, and unmown grass and weeds on real property. Effective immediately.

A BILL FOR

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) Definitions. 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.

"Code enforcement lien" means a lien against a parcel of property, filed of record by a municipality in the office of the recorder in the county in which the property is located, for the costs that the municipality incurred to correct a code violation on that property.

(b) In addition to any other method authorized by law, with the consent of the county collector, in any calender year code enforcement liens may be collected under this Division 2 as a special assessment on the property if the attorney for the municipality signs and delivers a certificate to the county collector 60 days or more before the annual tax sale stating the following with respect to each code enforcement lien submitted to the county collector for collection under this Division:

(1) The permanent index number or parcel number of the property, with the corresponding amount to be assessed.

(2) That the person in whose name general real estate taxes were last assessed on the property was given a written notice of a code violation existing on the property and a directive to correct the code violation by a designated date, together with a legal description of the property, in accordance with the municipality's relevant ordinance.

(3) That upon reinspection of the property after the compliance deadline date, the code violation still exists.

(4) That the municipality incurred costs in the amount of $ (insert amount) to correct or abate the code violation on the property.

(5) That the municipality has sent the person in whose name general real estate taxes were last assessed a written notice of lien in substantially the following form, by certified mail, postage pre-paid, to the address appearing on the last real estate tax bill for the property:

TO: (insert name of person in whose name general real estate taxes were last assessed)

You are hereby notified that (insert name of municipality), a municipality, has filed a lien against the following described property: (insert legal description and common street address). A copy of the lien is attached. The property owner may contest whether the lien was properly authorized under the relevant statute or ordinance or may contest the amount of the lien, by filing a written notice of contest with the municipal clerk within 15 days after the date of this notice. If a notice of contest is filed, the property owner will be afforded a hearing before a hearing officer or his or her designee.

(6) That the amount of the lien remains unpaid 15 days after the notice of lien was mailed or, if the property owner requests a hearing within the time allotted, that an amount due remains unpaid 15 days after the municipality mailed the property owner a written decision by the mayor or his or her designee stating that the amount of the costs stated in the lien are affirmed or that, after modification by the written decision, there remains a different amount due. if (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 may be collected as a special assessment on the property under this Division.

(c) Upon payment of the amount of costs due that is stated in the code enforcement lien, or if the property owner requests a hearing, the amount of costs due that is stated in the written decision, and the recording fees costs by the owner of record or persons interested in the property, 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.