(A) The city may proceed under the provisions of 65 ILCS 5/11-31-1, bearing the catchline Demolition, repair, enclosure, or remediation, to demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings. The corporate authorities shall apply to the circuit court of the county in which such building is located for an order authorizing such action to be taken with respect to any such building if the owner or owners thereof, after at least 30 days’ written notice so to do, shall 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 of any such building shall not be ascertainable, notice mailed to the person in whose name such real estate was last assessed shall constitute sufficient notice under this section. The hearing upon such application to the circuit court shall be expedited by the court and shall be given precedence over all other suits.
(B) The cost of such demolition, repair, or enclosure shall be recoverable from the owner of such real estate and shall be a lien thereon, which lien shall be subordinate to all prior existing liens and encumbrances; provided that, within 60 days after said cost and expense is incurred, the municipality or person performing the service by authority of the municipality, in his or her own name, shall file notice of lien in the office of the Recorder of Deeds in the county in which said real estate is located or in the office of the Registrar of Title of such county, if the real estate affected is registered under the Terrens system. The notice shall consist of a sworn statement setting out a description of the real estate sufficient for identification thereof, the amount of money representing the cost and expense incurred or payable for the service, and the date when said cost and expense was incurred by the municipality. Upon payment of said cost and expense by the owner of or persons interested in said property, after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed and said release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgage or mechanics’ liens. Suit to foreclose this lien shall be commenced within three years after the date of filing notice of lien.
(Prior Code, § 150.158) (Ord. 60-1, passed 12-19-1960)