60 ILCS 1/85-50
2021 Illinois Compiled Statutes|Chapter 60 - TOWNSHIPS|60 ILCS 1/ - Township Code.|Article 85 - Township Corporate Powers, Generally

Sec. 85-50. Demolition, repair, or enclosure of buildings.(a) The township board of any township may formally request the county board  to commence specified proceedings with respect to property located within the  township but outside the territory of any municipality as provided in Section  5-1121 of the Counties Code.  If the county board declines the request as  provided in Section 5-1121 of the Counties Code, the township may exercise its  powers under this Section.(b) The township board of each township may  demolish, repair, or enclose or cause the demolition, repair, or enclosure of  dangerous and unsafe buildings or uncompleted and abandoned buildings within  the territory of the township and  may remove or cause the removal of garbage, debris, and other hazardous,  noxious, or unhealthy substances or materials from those buildings.The township board shall apply to the circuit court of the county  in which the building is located (i) for an order authorizing action to  be taken with respect to a building if the owner or owners of the building,  including the lien holders of record, after at least 15 days' written  notice by mail to do so, have failed to commence proceedings to put the  building in a safe  condition or to demolish it or (ii) for an order requiring the owner or  owners of record to demolish, repair, or enclose the building or to remove  garbage, debris, and other hazardous, noxious, or unhealthy substances or  materials from the building.  It is not a defense to the cause of action  that the building is boarded up or otherwise enclosed, although the court  may order the defendant to have the building boarded up or otherwise  enclosed. Where, upon diligent search, the identity or whereabouts of the  owner or owners of the building, including the lien holders of record,  is not ascertainable, notice mailed to the person or persons in whose name  the real estate was last assessed and the posting of the notice upon the  premises sought to be demolished or repaired is sufficient notice under this  Section.The hearing upon the application to the circuit court shall be expedited  by the court and shall be given precedence over all other suits.The cost of the demolition, repair, enclosure, or removal incurred by  the township, by an intervenor, or by a lien holder of record,  including court costs, attorney's fees, and other costs related to the  enforcement of this Section, is recoverable from the owner or owners of  the real estate or the previous owner or both if the property was transferred  during the 15-day notice period and is a lien on the real estate  if, within  180 days after the repair, demolition, enclosure, or removal, the township,  the lien holder of record, or the intervenor who incurred the cost and expense  shall file a notice of lien for the cost and expense incurred 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 the county if the real estate affected is  registered under the Registered Titles (Torrens) Act.  The lien becomes effective at the time of filing.The notice must consist of a sworn statement setting out (1) a  description of the real estate sufficient for its identification, (2)  the amount of money representing the cost and expense incurred, and (3) the  date or dates when the cost and expense was incurred by the township,  the lien holder of record, or the intervenor. Upon payment of the cost and  expense by the owner of or persons interested in the property after the  notice of lien has been filed, the lien shall be released by the  township, the person in whose name the lien has been filed, or the  assignee of the lien, and the release may be filed of record as in the case  of filing notice of lien. Unless the lien is enforced under subsection (c),  the lien may be enforced by foreclosure proceedings as in the case of  mortgage foreclosures under Article XV of the Code of Civil Procedure or  mechanics' lien foreclosures. An action to foreclose this lien  may be commenced at any time after the date of filing of the notice of  lien.  The costs of foreclosure incurred by the township, including  court costs, reasonable attorney's fees, advances to preserve the property,  and other costs related to the enforcement of this subsection, plus  statutory interest, are a lien on the real estate and are recoverable by  the township from the owner or owners of the real estate.All liens arising under this subsection (b) shall be assignable.  The assignee of the lien shall have the same power to enforce the lien  as the assigning party, except that the lien may not be  enforced under subsection (c).(c) In any case where a township has obtained a lien under  subsection (b), the township may enforce the lien under  this subsection (c) in the same proceeding in which the lien is authorized.A township desiring to enforce a lien under this subsection (c) 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 (b).  The court shall conduct a hearing on the petition not less than 15  days after the notice is served.  If the court determines that the  requirements of this subsection (c) have been satisfied, it shall grant the  petition and retain jurisdiction over the matter until the foreclosure  proceeding is completed.  The costs of foreclosure incurred by the  township, including court costs, reasonable attorneys' fees, advances  to preserve the property, and other costs related to the enforcement of  this subsection, plus statutory interest, are a lien on the real estate and  are recoverable by the township from the owner or owners of the real  estate.  If the court denies the petition, the township may enforce the  lien in a separate action as provided in subsection (b).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 before 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 under  this subsection (c), except to the extent that those provisions are  inconsistent with this subsection.   For purposes of foreclosures  of liens under this subsection, however, the redemption period described in  subsection (c) of Section 15-1603 of the Code of Civil Procedure shall end  60 days after the date of entry of the order of foreclosure.(d) In addition to any other remedy provided by law, the township  board of any township may petition the circuit court to have  property declared abandoned under this subsection (d) if:(1) the property has been tax delinquent for 2 or     more years or bills for water service for the property have been outstanding for 2 or more years;(2) the property is unoccupied by persons legally in     possession; and(3) the property contains a dangerous or unsafe     building.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.  In addition, service shall be had under Section  2-206 of the Code of Civil Procedure as in other cases affecting property.The township, however, may proceed under this subsection in a  proceeding brought under subsection (b).  Notice of the petition  shall be served by certified or registered mail on all persons who were  served notice under subsection (b).If the township proves that the conditions described in this  subsection exist and the 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, if neither the owner of record nor the owner of the  beneficial interest of the trust enters an appearance, the court  shall declare the property abandoned.If that 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 title to the property, stating that title to the  property will be transferred to the township unless, within 30 days of  the 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 or unsafe building or to put the  building in safe condition.If the owner of record enters an appearance in the action within the 30-day  period, the court shall vacate its order declaring the property  abandoned.  In that case, the township may amend its complaint in order  to initiate proceedings under subsection (b).If a request to demolish or repair the building is filed within the 30-day  period, the court shall grant permission to the requesting party to  demolish the building within 30 days or to restore the building to safe  condition within 60 days after the request is granted.  An extension of  that period for up to 60 additional days 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 quitclaim judicial deed for the  property to the requesting party, conveying only the interest of the owner  of record, upon proof of payment to the township of all costs incurred  by the township in connection with the action, including but not  limited to court costs, attorney's fees, administrative costs, the  costs, if any, associated with building enclosure or removal, and receiver's  certificates.  The interest in the property so conveyed shall be subject to  all liens and encumbrances on the property.  In addition, if the interest is  conveyed to a person holding a certificate of purchase for the property  under the Property Tax Code, 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.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 safe condition within the time specified by the court, the township  may petition the court to issue a judicial deed for the property  to the  county.  A conveyance by judicial deed shall operate to extinguish  all existing ownership interests in, liens on, and other interest in the  property, including tax liens.(Source: P.A. 94-841, eff. 6-7-06; 95-331, eff. 8-21-07.)