Bill Text: IL HB4971 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Illinois Municipal Code. Provides that any owner or tenant of real property within 1200 feet in any direction of any dangerous or unsafe building located within the territory of any municipality (rather than 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, and other noxious or unhealthy substances and materials from, or repair or enclosure of, the building under specified provisions of the Code.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4971 Detail]

Download: Illinois-2023-HB4971-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4971 Introduced 2/7/2024, by Rep. Patrick Windhorst SYNOPSIS AS INTRODUCED:
65 ILCS 5/11-31-1 from Ch. 24, par. 11-31-1
Amends the Illinois Municipal Code. Provides that any owner or tenant of real property within 1200 feet in any direction of any dangerous or unsafe building located within the territory of any municipality (rather than 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, and other noxious or unhealthy substances and materials from, or repair or enclosure of, the building under specified provisions of the Code.
LRB103 35367 AWJ 65432 b
A BILL FOR
HB4971 LRB103 35367 AWJ 65432 b
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 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

HB4971 - 2 - LRB103 35367 AWJ 65432 b
of the 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 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

HB4971 - 3 - LRB103 35367 AWJ 65432 b
other costs related to the enforcement of this Section, is
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 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

HB4971 - 4 - LRB103 35367 AWJ 65432 b
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 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

HB4971 - 5 - LRB103 35367 AWJ 65432 b
court of the county in which the building is located for an
order permitting the demolition, removal of garbage, debris,
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,

HB4971 - 6 - LRB103 35367 AWJ 65432 b
remove materials from, repair, or enclose the building, or
cause that action to be taken upon the request of any owner or
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

HB4971 - 7 - LRB103 35367 AWJ 65432 b
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
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

HB4971 - 8 - LRB103 35367 AWJ 65432 b
recoverable by the municipality from the owner or owners of
the real estate.
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.

HB4971 - 9 - LRB103 35367 AWJ 65432 b
If the court denies the petition, the municipality may enforce
the lien in a separate action as provided in subsection (a),
(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

HB4971 - 10 - LRB103 35367 AWJ 65432 b
possession; and
(3) the property's condition impairs public health,
safety, or welfare 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).

HB4971 - 11 - LRB103 35367 AWJ 65432 b
If the municipality proves that the conditions described
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 dangerous or unsafe buildings
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.

HB4971 - 12 - LRB103 35367 AWJ 65432 b
If the owner of record enters an appearance in the action
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 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 or repair the dangerous or unsafe
conditions of the property 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 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 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 with the lien or

HB4971 - 13 - LRB103 35367 AWJ 65432 b
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, 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,

HB4971 - 14 - LRB103 35367 AWJ 65432 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 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

HB4971 - 15 - LRB103 35367 AWJ 65432 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

HB4971 - 16 - LRB103 35367 AWJ 65432 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

HB4971 - 17 - LRB103 35367 AWJ 65432 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

HB4971 - 18 - LRB103 35367 AWJ 65432 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.
The municipality must maintain documentation submitted
from a contractor on the disposal of any demolition debris,
clean or general, or uncontaminated soil generated during the
demolition, repair, or enclosure of a building for a period of
3 years identifying the hauler, generator, place of origin of
the debris or soil, the weight or volume of the debris or soil,
and the location, owner, and operator of the facility where
the debris or soil was transferred, disposed, recycled, or
treated. The documentation required by this paragraph does not
apply to a permitted pollution control facility that transfers
or accepts construction or demolition debris, clean or
general, or uncontaminated soil for final disposal, recycling,
or treatment.
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,

HB4971 - 19 - LRB103 35367 AWJ 65432 b
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
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

HB4971 - 20 - LRB103 35367 AWJ 65432 b
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
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;

HB4971 - 21 - LRB103 35367 AWJ 65432 b
(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
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.

HB4971 - 22 - LRB103 35367 AWJ 65432 b
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
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

HB4971 - 23 - LRB103 35367 AWJ 65432 b
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.
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

HB4971 - 24 - LRB103 35367 AWJ 65432 b
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
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

HB4971 - 25 - LRB103 35367 AWJ 65432 b