(A) General. The priority lien procedure described in this section shall apply only to costs incurred for activities performed on abandoned residential properties, as defined in 65 ILCS 5/11-20-15.1 and is an alternative to the traditional lien authorized by § 164.62 of this chapter. If a bill sent pursuant to § 164.61 of this chapter is not paid in full within 60 days of the date of the bill, the city shall have the authority to file and record a priority lien against the property.
(B) Notice of lien.
(1) The city or the person performing the service by authority of the city, 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. If, for any one property, the city engaged in any nuisance abatement activity described in § 164.61 of this chapter on more than one occasion during the course of one year, then the city may combine any or all of the costs of those activities into a single notice of lien.
(2) The notice of lien shall consist of a sworn statement setting forth:
(a) A description of the real estate that sufficiently describes the parcel;
(b) The amount of the cost and expense incurred or payable for the activities;
(c) The date or dates when such cost and expense was incurred by the city or someone working on behalf of the city; and
(d) A statement that the lien has been filed pursuant to one or more of the property maintenance activities described in § 164.60 of this chapter and authorized by 65 ILCS 5/11-20-7(d), 65 ILCS 5/11-20-8(d), 65 ILCS 5/11-20-12(d), 65 ILCS 5/11-20-13(e), 65 ILCS 5/11-31-1.01, as applicable.
(3) After recording, the notice of lien shall be sent by certified mail to the 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.
(4) The city may not file a lien if the lender has provided notice to the city 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 city.
(C) Recordkeeping. To enforce a lien pursuant to this section, the city must maintain contemporaneous records that include, at a minimum:
(1) A dated statement of a finding by the city that the property has become abandoned residential property;
(2) The date when the property was first observed to be unoccupied by any lawful occupant;
(3) A description of the actions taken by the city to contact the legal owner of the property, or if known, any agent of the owner;
(4) A statement that no contacts were made with the legal owner or, if known, any agent of the owner;
(5) A dated certification by a city official of the necessity and specific nature of the work performed;
(6) A copy of the agreement with the person or company performing the work and the rates and estimated cost of the work, if applicable;
(7) Detailed invoices and payment vouchers for the work; and
(8) A statement whether the work was competitively bid and, if so, a copy of all proposals submitted by the bidders.
(D) 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 city 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.
(E) Enforcement of lien. Subsequent to the filing of the above-described lien, the city 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 city 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 subchapter shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the monies owing the city.
(Prior Code, § 165.63) (Ord. 11-141, passed 8-23-2011)