§ 39.142 GENERAL APPLICABILITY.

   Imposition of the tax imposed pursuant to this subchapter shall not apply to any demolition for which a complete and proper application for the demolition permit was on file with the city on or before February 15, 2006, being the effective date of this subchapter.

(Ord. 2006-01, passed 2-6-2006)

REAL ESTATE TRANSFER TAX

§ 39.155 REAL ESTATE TRANSFER TAX IMPOSED.

   (A)   A tax is imposed hereby on the privilege of transferring of legal or beneficial title to real property and on the privilege of transferring a beneficial interest in real property (collectively, “real estate transfers”), when such real property is located within the corporate limits of the city as evidenced by the recordation of a deed by any person or by the delivery of any deed or assignment of interest of said real property, recorded on or after July 5, 2006, whether investing the grantee with the beneficial interest in, legal title to or a controlling interest in the real estate entity owning said property or merely investing the grantee in the possession or use thereof for any purpose or to secure future payment of money or the future transfer of any such real property. For purposes of this subchapter (being §§ 39.155 through 39.166), and to the extent permitted by law, a real estate transfer shall include the transfer of a controlling interest in a real estate entity owning real property located within the corporate limits of the city.

   (B)   Except as provided in § 39.159, the tax imposed shall be at a rate of $4 for every $1,000 value as stated in the declaration; or, if no value is set forth in the declaration, then the fair market value based on the most recent equalized assessed valuation (“EAV”); or, if no value can be ascertained from the EAV, then the lesser of $12,500 or the value established by a certified MAI appraisal prepared not more than six months prior to the date of the declaration. Said tax shall be in addition to any other tax imposed by the state or any other political subdivision thereof; provided, however, that the actual amount of taxes due pursuant to this section shall in each case be rounded upward to the next increment of $5.

   (C)   For purposes of this subchapter, terms shall have the same meaning as the terms defined in the Real Estate Transfer Tax Law, 35 ILCS 200/31, as amended from time to time, unless otherwise defined in this subchapter or unless the context plainly suggests a different meaning. In addition, the term DEED as used in this subchapter shall include without limitation a deed, a document transferring a controlling interest in real property, an assignment of beneficial interest in real property or any other document effecting or representing a real estate transfer under this subchapter. In addition, the terms REAL PROPERTY and REAL ESTATE shall be deemed to have the same meaning for purposes of this subchapter.

(Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010; Ord. 2017-58, passed 10-16-2017)

§ 39.156 COLLECTION OF TAX; DECLARATION.

   (A)   The taxes levied and imposed under this subchapter shall be collected for and on behalf of the city by the City Clerk or the Clerk’s designee through the sale of a revenue stamp, which shall be prepared by said City Clerk in such quantities as the Clerk may prescribe. Such revenue or transfer stamp shall be available for sale at the City Clerk’s office during regular business hours of the City Clerk and/or at other locations or times designated by the City Clerk.

   (B)   (1)   At the time the tax imposed by this Chapter 39 is paid (including taxes paid in connection with an application for exemption under § 39.159), there shall also be presented to the City Clerk or the Clerk’s designee, on a form prescribed by the Clerk, a declaration signed by at least one of the sellers and also signed by at least one of the buyers involved in the transaction or by their attorneys or agents for the sellers or buyers. The declaration shall state information including, but not limited to:

         (a)   The value of the real property located in the city subject to a real estate transfer;

         (b)   The parcel identifying number of the property;

         (c)   An adequate description of the property, including its address;

         (d)   The date of the deed, the date the transfer was effected or the date of the trust document;

         (e)   The type of deed, transfer or trust document;

         (f)   The type of improvement, if any, on the property;

         (g)   Information as to whether the transfer is between related individuals or corporate affiliates or is a compulsory transaction;

         (h)   The year the contract was initiated if an installment sale;

         (i)   The name, address and telephone number of the person preparing the declaration;

         (j)   A written statement by both the grantor or grantor’s agent and the grantee or grantee’s agent that the information contained in the declaration is true and correct to the best of his or her knowledge and belief; and

         (k)   A complete and accurate copy of the declaration to be submitted pursuant to the Real Estate Transfer Tax Law, 35 ILCS 200/31, as such law may be amended from time to time.

      (2)   No deed shall be accepted for recordation unless it bears on its face the transfer stamps of the city (including an exemption stamp issued pursuant to § 39.159), and no transfer stamps shall be issued unless such deed is accompanied by a declaration containing all the information requested in the declaration. When a declaration is signed by an attorney or agent on behalf of sellers or buyers who have the power of direction to deal with the title to the real estate under a land trust agreement, the trustee being a mere repository of record legal title with a duty of conveying the real estate only when and if directed in writing by the beneficiary or beneficiaries having the power of direction, the attorneys or agents executing the declaration on behalf of the sellers or buyers need only identify the land trust that is the repository of record legal title and not the beneficiary or beneficiaries having the power of direction under the land trust agreement.

   (C)   Each declaration so presented shall be accompanied by a deed. In addition to other requirements imposed by law each deed so presented shall contain the date of the conveyance which it evidences, an adequate description of the real property being conveyed (including an address and the permanent tax index number), and the names of the grantor and grantee; except that, with respect to the latter, in the case of an assignment of beneficial interest, a facsimile thereof executed by agents or attorneys as and for each of the grantor and grantee but otherwise not containing the names or identities of the grantor and grantee shall be acceptable.

   (D)   The primary liability for payment of said tax shall be borne by the grantee reflected in the deed unless otherwise negotiated by contract; provided, however, that it shall be unlawful for the grantee to accept a conveyance if the applicable transfer tax for that conveyance respecting the real property has not been paid, and such grantee is deemed to accept liability for such unpaid transfer tax. If at the time of recordation the tax has not been paid and the stamp is not visible upon the deed, then the grantee’s title shall be subject to the lien provided in § 39.158, as well as the penalties set forth in § 39.999. The tax herein levied shall be in addition to any and all other taxes.

   (E)   Notwithstanding any provision in this subchapter to the contrary, the City Clerk or designee shall not issue any transfer stamps for any real property that:

      (1)   Has any due but unpaid fees, charges, taxes, penalties or other amounts due to the city unless and until such amounts (plus any applicable interest) shall have been paid in full, including without limitation any taxes, interest, and penalties due pursuant to § 39.155 (as such tax may be reduced pursuant to § 39.159), notwithstanding the enforceability of any lien under § 39.158(B);

      (2)   Has any outstanding violations relating to the real property for which the city has issued notice unless and until every such violation is corrected;

      (3)   Has any incomplete permit activity unless and until such activity is completed and inspected in accordance with applicable permits and codes;

      (4)   Has been the subject of a transfer that is exempt under § 39.159 but has not paid the minimum tax (as defined in § 39.159) and any fines, penalties, or interest relating thereto; or

      (5)   Has not obtained a receipt for the final water bill payment, payment of all amounts due pursuant to § 51.077, and successful completion of all required inspections related to the closing or transfer of a water account with the city.

(Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010; Ord. 2016-02, passed 1-19-2016; Ord. 2017-58, passed 10-16-2017) Penalty, see § 39.999

§ 39.157 RECORDATION.

   (A)   It shall be unlawful for any person to present or cause to be presented to the Recorder of Deeds or agent thereof and/or any land trustee or agent thereof to accept a deed for recordation or execution, as the case may be, unless the tax imposed by § 39.155 (as such tax may be reduced pursuant to § 39.159) has been paid and the revenue stamp sold in the collection of said tax have been made visible on the deed to be recorded.

   (B)   Upon payment of the tax herein levied and imposed, the revenue stamp so purchased shall be visible on the deed or other instrument of conveyance. Any person so affixing a revenue stamp shall cancel it and so deface it as to render it unfit for use by marking it with his or her initials and the day, month, and year when the affixing occurs. Such markings shall be made by writing or stamping in indelible ink or by perforating with a machine or punch. However, any revenue stamp shall not be so defaced as to prevent ready determination of its denomination and genuineness.

(Ord. 06-18, passed 4-20-2006; Ord. 2017-58, passed 10-16-2017) Penalty, see § 39.999

§ 39.158 LIEN CREATED; ENFORCEMENT.

   (A)   In the event a deed is filed for recordation for real estate within the corporate limits of the city without payment of the tax imposed in § 39.155 (as such tax may be reduced pursuant to § 39.159), a lien is hereby created against said real estate so conveyed in the amount of the tax plus interest as accrued pursuant to § 39.162, and any penalty imposed pursuant to § 39.999. The fact that the deed does not contain a city revenue stamp in an amount equal to the tax imposed by this subchapter shall constitute constructive notice of lien.

   (B)   Any lien filed in accordance with § 39.158 may be enforced by proceedings for foreclosure, as in cases of mortgages or mechanics’ liens. Suit to foreclose this lien must be commenced within three years after the date of recording the deed or the time otherwise prescribed by statute, whichever is later.

   (C)   Nothing herein shall be construed as preventing the city from bringing a civil action to collect the tax imposed by this subchapter from any person who has liability for payment of the same, including interest and penalties as herein below provided.

   (D)   The unlawful acceptance of a conveyance of real property in the city without paying the applicable transfer tax shall be a violation of the city code that may result in the termination of water service to such real property.

(Ord. 06-18, passed 4-20-2006; Ord. 2010-07, passed 3-15-2010; Ord. 2017-58, passed 10-16-2017)