65 ILCS 5/11-31-2
2021 Illinois Compiled Statutes|Chapter 65 - MUNICIPALITIES|65 ILCS 5/ - Illinois Municipal Code.|Article 11 - Corporate Powers and Functions

 (from Ch. 24, par. 11-31-2)Sec. 11-31-2.         (a) If the appropriate official of any municipality  determines, upon due investigation, that any building or structure therein  fails to conform to the minimum standards of health and safety as set forth  in the applicable ordinances of such municipality, and the owner or owners  of such building or structure fails, after due notice, to cause such  property so to conform, the municipality may make application to  the circuit court for an injunction requiring compliance with such  ordinances or for such other order as the court may deem necessary or  appropriate to secure such compliance.If the appropriate official of any municipality determines, upon due  investigation, that any building or structure located within the area  affected by a conservation plan, adopted by the municipality pursuant to  the Urban Community Conservation Act,  fails to conform to the standards and provisions of such plan, and the  owner or owners of such building or structure fails, after due notice, to  cause such property so to conform, the municipality has the power to make  application to the circuit court for an injunction requiring compliance  with such plan or for such other order as the court may deem necessary or  appropriate to secure such compliance.The hearing upon such suit shall be expedited by the court and shall be  given precedence over all other actions.If, upon application hereunder, the court orders the appointment of a  receiver to cause such building or structure to conform, such receiver may  use the rents and issues of such property toward maintenance, repair  and rehabilitation of the property prior to and despite any assignment of  rents; and the court may further authorize the receiver to recover the cost  of such maintenance, repair and rehabilitation by the issuance and sale of  notes or receiver's certificates bearing such interest as the court may  fix, and such notes or certificates, after their initial issuance and  transfer by the receiver, shall be freely transferable and when sold or  transferred by the receiver in return for a valuable consideration in  money, material, labor or services, shall be a first lien upon the real  estate and the rents and issues thereof, and shall be superior to all prior  assignments of rents and all prior existing liens and encumbrances, except  taxes; provided, that within 90 days of such sale or transfer for value by  the receiver of such note or certificate, the holder thereof shall file  notice of lien in the office of the recorder in the county in which the  real estate is located, or in the office of the registrar of titles of such  county if the real estate affected is registered under the Registered Titles  (Torrens) Act.  The notice of the lien  filed shall set forth (1) a description of the real estate affected  sufficient for the identification thereof, (2) the face amount of the  receiver's note or certificate, together with the interest payable thereon,  and (3) the date when the receiver's note or certificate was sold or  transferred for value by the receiver.  Upon payment to the holder of the  receiver's note or certificate of the face amount thereof together with any  interest thereon to such date of payment, and upon the filing of record of  a sworn statement of such payment, the lien of such certificate shall be  released. Unless the lien is enforced pursuant to subsection (b), the lien  may be enforced by proceedings to foreclose as in the case of mortgages or  mechanics' liens, and such action to foreclose such lien may be commenced  at any time after the date of default. For the purposes of this subsection  (a), the date of default shall be deemed to occur 90 days from the date of  issuance of the receiver's certificate if at that time the certificate  remains unpaid in whole or in part.In the event a receiver appointed under this subsection (a) completes a  feasibility study which study finds that the property cannot be economically  brought into compliance with the minimum standards of health and safety as set  forth in the applicable ordinances of the municipality, the receiver may  petition the court for reimbursement for the cost of the feasibility study from  the receivership feasibility study and fee fund.  The court shall review the  petition and authorize reimbursement from the fund to the receiver if the court  finds that the findings in the feasibility report are reasonable, that the fee  for the feasibility report is reasonable, and that the receiver is unable to  obtain reimbursement other than by foreclosure of a lien on the property.  If  the court grants the petition for reimbursement from the fund and, upon  receiving certification from the court of the amount to be paid, the county  treasurer shall order that amount paid from the fund to the receiver.  If the  court grants the petition for reimbursement from the fund, the court shall also  authorize and direct the receiver to issue a certificate of lien against title.  The recorded lien shall be a first lien upon the real estate and shall be  superior to all prior liens and encumbrances except real estate taxes.  The  court shall also order the receiver to reimburse the fund to the extent that  the receiver is reimbursed upon foreclosure of the receiver's lien upon sale of  the property.In any proceedings hereunder in which the court orders the appointment  of a receiver, the court may further authorize the receiver to enter into  such agreements and to do such acts as may be required to obtain first  mortgage insurance on the receiver's notes or certificates from an agency  of the Federal Government.(b) In any case where a municipality has obtained a lien pursuant to  subsection (a), the municipality may enforce such lien pursuant to  this subsection (b) in the same proceeding in which the lien is authorized.A municipality desiring to enforce a lien under this subsection (b) shall  petition the court to retain jurisdiction for foreclosure proceedings under  this subsection.  Notice of the petition shall be served, by certified or  registered mail, on all persons who were served notice under subsection (a).  The court shall conduct a hearing on the petition not less than 15  days after such notice is served.  If the court determines that the  requirements of this subsection (b) 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 municipality  may enforce the lien in a separate action as provided in subsection (a).All persons designated in Section 15-1501 of the Code of Civil Procedure  as necessary parties in a mortgage foreclosure action shall be joined as  parties prior to issuance of an order of foreclosure.  Persons designated  in Section 15-1501 of the Code of Civil Procedure as permissible parties  may also be joined as parties in the action.The provisions of Article XV of the Code of Civil Procedure applicable to  mortgage foreclosures shall apply to the foreclosure of a lien pursuant to  this subsection (b), 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  subsection (b) of Section 15-1603 of the Code of Civil Procedure shall end  60 days after the date of entry of the order of foreclosure.    (Source: P.A. 91-554, eff. 8-14-99.)