A. Collection Of Costs: 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 section 5-9-3. The Village shall send a bill for the cost to the property owner, his agent, legal representative, or occupant in legal possession or control of the premises.
B. Traditional Lien Procedure For Vacant Buildings: If a bill sent pursuant to subsection A is not paid in full within thirty (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 section 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-15, and by completing the following steps:
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 (1) year after the cost and expense is incurred. If, for any one property, the Village engaged in any nuisance abatement activity described in section 5-9-3 on more than one occasion during the course of one (1) 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 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 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. The release may be filed of recorded by the owner at his or her sole expense as in the case of filing 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 (2) years after the date of filing notice of lien unless otherwise allowed by law. The property subject to a lien arising under this chapter shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the Village.
C. Priority Lien Procedures For Abandoned Residential Property. The priority lien procedure described in this subsection C shall apply to costs incurred for activities performed on abandoned residential properties, as defined in section 5-9-lJ. If a bill sent pursuant to Subsection (A) is not paid in full within thirty (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 section 11-20-15.1 of the Illinois Municipal Code, 65 ILCS 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 (1) year after the cost and expense is incurred. If, for any one property, the Village engaged in any nuisance abatement activity described in section 5-9-3 on more than one occasion during the course of one (1) 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 real estate 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 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.
c. After recording, the notice of lien shall be sent by certified mail to the property owner, his 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. 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 thirty (30) days of the lender’s notice to the Village.
2. Recordkeeping. To enforce a lien pursuant to this subsection C, 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 the 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;
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. The release may be filed of recorded by the owner at his or her sole expense as in the case of filing notice of lien.
4. Enforcement Of Lien. A lien under this subsection C 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.
(1990 Code § 25-9-4) (Ord. 11-12, 9-12-2011)