(A) If the notice sent to the owner or occupant is to inform him or her of violation of § 93.040(A)(4) of this chapter, and said owner or occupant fails to remedy the situation within 15 days from the time when the notice was served upon him, her or them, the Health Officer or the Building Official may proceed to remedy the condition by having the building enclosed through boarding up or any other means.
(B) If the building is enclosed or boarded up by the city, the cost and expenses thereof shall become a lien on the property and the notice of the lien for the cost and expenses thereof shall be recorded in the following manner: the city or the person performing the service by authority of the city, in its or his or her own name, may file notice of lien in the office of the Recorder of Deeds of the county. The notice of lien shall consist of a sworn statement setting out:
(1) A description of real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expenses incurred or payable for the service; and
(3) The date or dates when said cost or expenses was incurred by the city and shall be filed within 60 days after the cost and expenses incurred.
(C) Upon payment of the cost and expenses after the notice of lien has been filed, the lien shall be released by the city or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of lien.
(D) The lien may be enforced by proceedings to foreclose it as in the case of mortgages or mechanics lien and such suits to foreclose such lien shall be commenced within three years after the date of default.
(E) (1) If the owner or occupant fails to comply with a notice of violation of § 93.040(A)(1), (A)(2) and (A)(3) of this chapter, the city may demolish, repair or cause the demolition or repair of the dangerous and unsafe building, but before it may do so, the city shall apply to the Circuit Court of the county for an order authorizing such action to be taken with respect to any such building if the owner or owners thereof, including the lienholders of record after at least 15 days’ written notice by mail or personal service so to do have failed to put such building in a safe condition or demolish it. Whereupon diligent search of the identity or whereabouts of the owner or owners of any such building, including the lienholders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed is sufficient notice under this section. The cost of such demolition or repair incurred by such city or by a lienholder of record is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens or encumbrances, except taxes; provided that, within 60 days after such repair or demolition, the city or person performing the service by authority of the city, in its or his or her own name, shall file notice of lien of such cost and expenses incurred in the office of the Recorder of Deeds in the county.
(2) The notice must consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expenses incurred; and
(c) The date or dates when the cost or expenses was incurred by the city or by the lienholder of record.
(F) (1) Upon payment of the cost and expenses by the owner of or person interested in the property after notice of lien has been filed, the lien shall be released by the city or person in whose name the lien has been filed and the release may be filed of record in the case of filing the notice of lien.
(2) The lien may be enforced by proceedings to foreclose as in the case of mortgage or mechanics liens.
(3) Suit to foreclose this lien must be commenced within three years after the date of filing notice of lien.
(1960 Code, § 26-3-4)
Statutory reference:
Related provisions, see 65 ILCS 5/11-31-1 et seq.