State of Illinois

Public Acts

90th General Assembly

Public Act 90-0292

HB0661 Enrolled LRB9003553PTcw

AN ACT to amend the Illinois Municipal Code by changing Section 11-20-13.

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 11-20-13 as follows:

(65 ILCS 5/11-20-13) (From Ch. 24, par. 11-20-13)

Sec. 11-20-13. The corporate authorities of each municipality may provide for the removal of garbage, and debris, and graffiti from private property when the owner of such property, after reasonable notice, refuses or neglects to remove such garbage, and debris, and graffiti and may collect from such owner the reasonable cost thereof except in the case of graffiti. This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred the municipality, or person performing the service by authority of the municipality, in his or its own name, files notice of lien in the office of the recorder in the county in which such real estate is located or in the office of the Registrar of Titles of such county if the real estate affected is registered under "An Act concerning land titles", approved May 1, 1897, as amended. The notice shall consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred or payable for the service, and (3) the date or dates when such cost and expense was incurred by the municipality. However, the lien of such municipality shall not be valid as to any purchaser whose rights in and to such real estate have arisen subsequent to removal of the garbage and debris and prior to the filing of such notice, and the lien of such municipality shall not be valid as to any mortgagee, judgment creditor or other lien or whose rights in and to such real estate arise prior to the filing of such notice. Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics' liens. An action to foreclose this lien shall be commenced within 2 years after the date of filing notice of lien. This amendatory Act of 1973 does not apply to any municipality, which is a home rule unit. (Source: P.A. 83-358.)