A. In addition to any other remedy provided by law, the corporate authorities of the city may petition the circuit court to have property declared abandoned if:
1. The property has been tax delinquent for two (2) or more years or bills for water service for the property have been outstanding for two (2) or more years;
2. The property is unoccupied by persons legally in possession; and
3. The 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 Illinois code of civil procedure as in other cases affecting property.
B. The city, however, may proceed in a proceeding brought under any provision of this chapter. Notice of the petition shall be served in person or by certified or registered mail on all persons who were served notice as set forth above.
C. If the city proves that the conditions described exist and: 1) 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 2) 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, the court shall declare the property abandoned. Notwithstanding any waiver, the city may move to dismiss its petition at any time. In addition, any waiver in a proceeding does not serve as a waiver for any other proceeding under law or equity.
D. 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 city unless, within thirty (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 the dangerous or unsafe 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.
E. If the owner of record enters an appearance in the action within the thirty (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 building in safe condition, or specifically waive his or her rights, 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 city may amend its complaint in order to initiate proceedings, or it may request that the court order the owner to demolish the building or repair the dangerous or unsafe conditions of the building alleged in the petition or seek the appointment of a receiver or other equitable relief to correct the conditions at the property. The power and rights of a receiver appointed hereunder shall include all of the power and rights of a receiver appointed under section 11-31-2 of the Illinois municipal code.
F. If a request to demolish or repair the building is filed within the thirty (30) day period, the court shall grant permission to the requesting party to demolish the building within thirty (30) days or to restore the building to safe condition within sixty (60) days after the request is granted. An extension of that period for up to sixty (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 other interest of the highest priority.
G. 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 city of all costs incurred by the city in connection with the action including, but not limited to, court costs, attorney fees, administrative costs, the costs, if any, associated with building enclosure or removal, and receiver's certificates. The interest in the property so conveyed shall be subject to all liens and encumbrances in 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 said property tax code, 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. (Ord. 06-2011, 6-27-2011)
H. If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, 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 building in safe condition within the time specified by the court, the city may petition the court to issue a judicial deed for the property to the city. 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 Illinois property tax code. (Ord. 06-2011, 6-27-2011; amd. 2017 Code)