A. Statute Authority; Procedure: Pursuant to section 5/11-31-1 of the Illinois municipal code, the city council may demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings within the territory of the city and may remove or cause the removal of garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from those buildings. The city shall apply to the county circuit court: 1) for an order authorizing action to be taken with respect to a building if the owner or owners of the building, including the lienholders of record, after at least fifteen (15) days' written notice by mail so to do, have failed to put the building in a safe condition or to demolish it; or 2) 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 lienholders 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.
B. Costs; Lien Provisions:
1. The cost of the demolition, repair, enclosure, or removal incurred by the city, by an intervenor, or by a lienholder of record, including court costs, attorney fees, and 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 fifteen (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 one hundred eighty (180) days after the repair, demolition, enclosure, or removal, the city, the lienholder 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 county recorder's office.
2. The notice must consist of a sworn statement setting out: a) a description of the real estate sufficient for its identification; b) the amount of money representing the cost and expense incurred; and c) the date or dates when the cost and expense was incurred by the city, the lienholder 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 city, 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 by way of the method and proceedings set forth in 65 Illinois Compiled Statutes 5/11-31-1. (Ord. 06-2011, 6-27-2011)