A. Action To Compel; Lien:
1. City Authority; Application To Circuit Court:
a. The corporate authorities of the City may demolish, repair or enclose or cause the demolition, repair or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the corporate limits of the City, and may remove or cause the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from such buildings.
b. Application shall be made to the Jackson County Circuit Court 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 fifteen (15) days' written notice by mail have failed to put such building in a safe condition or to demolish it. Where, upon diligent search, 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.
2. Board Up Building: It is not a defense to such cause of action that the building is boarded up or otherwise enclosed, although the Court may order the defendant to have such building boarded up or otherwise enclosed. (Ord. 91-20)
3. Lien For Costs:
a. The cost of such demolition, repair, enclosure or removal incurred by the City, 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 such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided that, within one hundred eighty (180) days after such repair, demolition, enclosure or removal, the City, lienholder of record who incurred such cost and expense shall file a notice of lien of such cost and expense incurred in the office of the Recorder of Jackson County, Illinois. The notice shall consist of a sworn statement setting out: 1) description of the real estate sufficient for identification thereof; 2) the amount of money representing the cost and expense incurred; and 3) the date or dates when the cost and expense was incurred by the City, or the lienholder of record. Upon payment of the cost and expense by the owner of or person interested in the property after the notice of lien has been filed, the lien shall be released by the City, persons 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 mortgages or mechanics liens. An action to foreclose this lien may be commenced at any time after the date of filing the notice of lien. All liens arising pursuant to this subsection A3 shall be assignable. The assignee shall have the same power to enforce the lien as the City, except that such lien cannot be enforced pursuant to subsection A4 below. (Ord. 91-20; 1998 Code)
b. If the appropriate official of the City determines that any dangerous and unsafe building or uncompleted and abandoned building within its corporate limits fulfills the requirements for an action by the Municipality under the Abandoned Housing Rehabilitation Act 1 , the City may petition under that Act in a proceeding brought under this subsection.
4. Enforcement Of Lien:
a. In any case where the City has obtained a lien pursuant to subsection A1, A2 or A3 above, the City may enforce such lien pursuant to this subsection A4 in the same proceeding in which the lien is authorized.
b. The City, desiring to enforce a lien under this subsection A4, shall petition the Court to retain jurisdiction of foreclosure proceedings under this subsection. Notice of the petition shall be served, by certified or registered mail, on all person who were served notice under subsection A1, A2 or A3 of this Section. The Court shall conduct a hearing on the petition not less than fifteen (15) days after such notice is served. If the Court determines that the requirements of this subsection A4 have been satisfied, it shall grant the petition and retain jurisdiction over the matter until the foreclosure proceeding is completed. If the Court denies the petition, the City may enforce the lien in a separate action as provided in subsection A1, A2 or A3 of this Section.
c. All persons designated in 735 Illinois Compiled Statutes 5/15-1501 as necessary parties in a mortgage foreclosure action shall be joined as parties prior to issuance of an order for foreclosure. Persons designated in 735 Illinois Compiled Statutes 5/15-1501 as permissible parties may also be jointed as parties in the action.
d. The provisions of 735 Illinois Compiled Statutes 5/15 applicable to mortgage foreclosures shall apply to the foreclosure of a lien pursuant to this subsection A4, except to the extent that such provisions are inconsistent with this subsection. However, for purposes of foreclosures of liens pursuant to this subsection, the redemption period described in 735 Illinois Compiled Statutes 5/15-1603 subsection (b) shall end sixty (60) days after the date of entry of the order of foreclosure.
5. Petition To Declare Property Abandoned; Demolition:
a. In addition to any other remedy provided by law, the City may petition the Circuit Court to have property declared abandoned under this subsection A5 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.
b. 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 pursuant to 735 Illinois Compiled Statutes 5/2-206 as in other cases affecting property.
c. If the City proves that the conditions described in this subsection exist, and 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 such trust enters such an appearance, the Court shall declare the property abandoned.
d. If such determination is made, notice shall be sent 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 such property will be transferred to the City unless, within thirty (30) days of such notice, the owner of record enters an appearance in the action, or unless 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. If the owner of record enters an appearance in the action within the thirty (30) day period, the Court shall vacate its order declaring the property abandoned. In such case, the City may amend its complaint in order to initiate proceedings under subsection A1 of this Section.
e. 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 such 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 person with the lien or other interest of the highest priority.
f. If the requesting party proves to the Court that the building has been demolished or put in a safe condition 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 Municipality in connection with the action, including but not limited to Court costs, attorney fees, administrative costs, and 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 thereon. In addition, if the interest is conveyed to a person holding as certificate of purchase for the property under the Revenue Act of 1939, the conveyance shall be subject to the rights of redemption of all persons entitled to redeem under that Act, including the original owner of record.
g. 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 such judicial deed shall operate to extinguish all existing ownership interests in, liens on and other interest in such property, including tax liens. (Ord. 91-20)
B. Demolition Liens; Foreclosure; Reacquisition Of Property: No owner of property who held title to the property when property taxes became delinquent and which taxes were still delinquent at the time of the foreclosure of a demolition lien by the City or the acceptance of a deed of conveyance in lieu of foreclosing such lien and no person, firm, association, corporation, or other entity related to or associated with any such owner shall, within ten (10) years after title vests in the City, reacquire any right, title or interest in or to such property. (Ord. 87-77)
Notes
| 1 | 1. 310 ILCS 50/1 et seq. |