(a) In addition to any other remedy provided in this chapter or otherwise by law, the City may petition the Circuit Court to have property declared abandoned if:
(1) The property has been tax delinquent for two or more years;
(2) The property is unoccupied by persons legally in possession; and
(3) The property contains a dangerous and 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, which shall be served pursuant to Section 2-206 of the Code of Civil Procedure (Chapter 110, paragraph 2-206), as amended, as in other cases affecting property.
(c) If it is proven that the conditions described in this section exist, and an 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 and neither the owner of record nor the owner of the beneficial of such Trust enters an appearance, the court shall declare the property abandoned.
If such a 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 titles to the property, stating that title to such property will be transferred to the City unless, within thirty 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 and unsafe building or to put the building in a safe condition.
If the owner of record enters an appearance in the action within the thirty-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 Section 1456.11. If a request to demolish or repair the building is filed within the thirty-day period, the Court shall grant permission to the requesting party to demolish the building within thirty days or to restore the building to a safe condition within sixty days after the request is granted. An extension of such period 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.
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 quit claim 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's fees, administrative costs and the costs, if any, associated with building enclosure or removal. 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 a certificate of purchase for the property under the Revenue Act of 1939 (Chapter 120, paragraphs 482 et seq.), 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.
(d) 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 a safe condition within the time specified by the Court, the Municipality may petition the Court to issue a judicial deed for the property to the City. Conveyance by such judicial deed shall operate to extinguish all existing ownership interest in, liens on and other interests in the property, including tax liens.
(1977 Code § 6-1011(A); Ord. 91-70. Passed 10-7-91; Ord. 2003-11. Passed 1-18-03.)