(A) Definition. A VACANT BUILDING is a building or portion of a building which is:
(1) Defined in § 153.31 as "vacant"; or
(2) Defined in ILCS Ch. 65, Act 5, § 11-20-15.1 as an "abandoned residential property," being a residential dwelling unit that has been unoccupied by any lawful occupant or occupants for at least 90 days, and for which after such 90 day period the village has made good faith efforts to contact the legal owner or owners of the property or, if known, the agent of the owner, and no contact has been made.
(B) Nuisance declared. Vacant buildings that are indefinitely vacant and in a state of disrepair or boarded are public nuisances in that they contribute to the decrease in value of surrounding properties, precipitate disinvestment by neighboring owners, provide a location for criminal activity, undermine the aesthetic character of the neighborhood and village, and have other undesirable effects.
(C) Nuisance abatement. The village is authorized to perform or provide for property maintenance activities to abate the nuisance caused by a vacant building, including the following:
(3) Removal of infected trees as authorized by § 100.100 of this Code and ILCS Ch. 65, Act 5, § 11-20-12;
(4) Removal of garbage, debris, and graffiti and related activities as authorized by §§ 157.06 and 150.34(K) and Chapter 136 of this Code and ILCS Ch. 65, Act 5, § 11-20-13; and
(5) Removal, securing, and enclosing of abandoned residential properties as authorized by § 150.34(D) and ILCS Ch. 65, Act 5, § 11-31-1.01.
(D) Charges for nuisance abatement. The village shall have the authority to collect from the property owner the costs incurred in performing the property maintenance activities to abate the nuisances described in this section. The village shall send a bill for the cost to the property owner, his or her agent, legal representative, or occupant in legal possession or control of the premises.
(E) Traditional lien procedure. If a bill sent pursuant to division (D) of this section is not paid in full within 30 days of the date of the bill, the village shall have the authority to file and record a lien against the property, pursuant to § 11-20-15 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, § 11-20-15. If, for any one property, the village engaged in any nuisance abatement activity described in division (C) of this section on more than one occasion during the course of one year, then the village may combine any or all of the costs of those activities into a single notice of lien. The lien must be filed in accordance with the lien procedure established by the specific Code provision of which the property is alleged to be in violation or, if no such procedure exists, then the following procedure shall apply:
(1) Notice of lien.
(a) The village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of lien in the office of the recorder of deeds in the county in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred.
(b) The notice of lien shall consist of a sworn statement setting forth:
1. A description of the real estate that sufficiently describes the parcel;
2. The amount of the cost and expense incurred or payable for the activities; and
3. The date or dates when such cost and expense was incurred by the village or someone working on behalf of the village.
(c) After recording, the notice of lien shall be sent by certified mail to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(2) Release of lien. Upon payment of the cost after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(3) Foreclosure of lien. Subsequent to the filing of the above-described lien, the village may cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the village may proceed in its corporate name to foreclose such lien. An action to foreclose a lien under this section must be commenced within two years after the date of filing notice of lien. The property subject to a lien arising under this section shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
(F) Priority lien procedure for abandoned residential properties. The priority lien procedure described in this division shall apply only to costs incurred for property maintenance activities performed on abandoned residential properties, as defined in division (A)(2) of this section, and is an alternative to the traditional lien authorized by division (E) of this section. If a bill sent pursuant to division (D) of this section is not paid in full within 30 days of the date of the bill, the village shall have the authority to file and record a priority lien against the property, pursuant to § 11-20-15.1 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, § 11-20-15.1, in the following manner:
(1) Notice of lien.
(a) The village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of a priority lien in the office of the recorder of deeds in the county in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred. If, for any one property, the village engaged in any nuisance abatement activity described in division (C) of this section on more than one occasion during the course of one year, then the village may combine any or all of the costs of those activities into a single notice of lien.
(b) The notice of lien shall consist of a sworn statement setting forth:
1. A description of the abandoned residential property that sufficiently describes the parcel;
2. The amount of the cost incurred or payable for the activities;
3. The date or dates when such cost was incurred by the village or someone working on behalf of the village; and
4. A statement that the lien has been filed pursuant to one or more of the property maintenance activities described in division (C) of this section and authorized by ILCS Ch. 65, Act 5, §§ 11-20-7(d), 11-20-8(d), 11-20-12(d), 11-20-13(e), 11-31-1.01, as applicable.
(c) After recording, the notice of lien shall be sent by certified mail to the property owner, his or her agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year.
(d) The village may not file a lien if the lender has provided notice to the village that the lender has performed, or will perform, remedial actions; provided, however, that the remedial actions must be performed or initiated in good faith within 30 days of the lender's notice to the village.
(2) Recordkeeping. To enforce a lien pursuant to this division (F), the village must maintain contemporaneous records that include, at a minimum:
(a) A dated statement of a finding by the village that the property has become abandoned residential property;
(b) The date when the property was first observed to be unoccupied by any lawful occupant;
(c) A description of the actions taken by the village to contact the legal owner of the property, or if known, any agent of the owner;
(d) A statement that no contacts were made with the legal owner or, if known, any agent of the owner;
(e) A dated certification by a village official of the necessity and specific nature of the work performed;
(f) A copy of the agreement with the person or company performing the work and the rates and estimated cost of the work, if applicable;
(g) Detailed invoices and payment vouchers for the work; and
(h) A statement whether the work was competitively bid, and if so, a copy of all proposals submitted by the bidders.
(3) Release of lien. Upon payment of the cost after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien.
(4) Enforcement of lien. A lien under this division (F) is enforceable by the village, or entity or person who performs work on behalf of the village, at the hearing for confirmation of the foreclosure sale of the abandoned residential property and is limited to a claim of interest in the proceeds of the sale. The priority lien is superior to all other liens and encumbrances, except tax liens.
(Ord. 10-40, passed 4-28-10)