55 ILCS 5/5-1121
2021 Illinois Compiled Statutes|Chapter 55 - COUNTIES|55 ILCS 5/ - Counties Code.|Article 5 - Powers And Duties Of County Boards

Sec. 5-1121. Demolition, repair, or enclosure.(a) The county board of each county 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 county, but outside the territory of any municipality, and  may remove or cause the removal of garbage, debris, and other hazardous,  noxious, or unhealthy substances or materials from those buildings.  If a township within the county makes a formal request to the county board  as provided in Section 85-50 of the Township Code that the county board  commence specified proceedings under this Section with respect to property  located within the township but outside the territory of any municipality,  then, at the next regular county board meeting occurring at least 10 days  after the formal request is made to the county board, the county board shall  either commence the requested proceedings or decline to do so (either  formally or by failing to commence the proceedings within 60 days after the request) and shall notify the township  board making the request of the county board's decision.  In any  county having adopted, by referendum or otherwise, a county health department  as provided by Division 5-25 of the Counties Code or its predecessor, the  county board of any such county may upon a formal request by the city, village,  or incorporated town demolish, repair or cause the demolition or repair of  dangerous and unsafe buildings or uncompleted and abandoned buildings within  the territory of any city, village, or incorporated town having a population of  less than 50,000.The county 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 such 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 county, 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; the lien is  superior to all prior existing liens and encumbrances, except taxes, if, within  180 days after the repair, demolition, enclosure, or removal, the county,  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 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 county,  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  county, 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 (b),  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 county, 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 county from the owner or owners of the real estate.All liens arising under this subsection (a) 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 (b).If the appropriate official of any county determines that any  dangerous and unsafe building or uncompleted and abandoned building within  its territory fulfills the requirements for an action by the county  under the Abandoned Housing Rehabilitation Act, the county may  petition under that Act in a proceeding brought under this subsection.(b) In any case where a county has obtained a lien under  subsection (a), the county may enforce the lien under  this subsection (b) in the same proceeding in which the lien is authorized.A county 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 the 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.  The costs of foreclosure incurred by the  county, 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 county from the owner or owners of the real  estate.  If the court denies the petition, the county 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 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 (b), 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 (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.(c) In addition to any other remedy provided by law, the county  board of any county may petition the circuit court to have  property declared abandoned under this subsection (c) 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's condition impairs public health,     safety, or welfare for reasons specified in the petition.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, including publication in a newspaper that is in circulation in the county in which the action is pending. At least 30 days prior to any declaration of abandonment, the county or its agent shall post a notice not less than 1 foot by 1 foot in size on the front of the subject building or property. The notice shall be dated as of the date of the posting and state that the county is seeking a declaration of abandonment for the property.  The notice shall also include the case number for the underlying circuit court petition filed pursuant to this subsection and a notification that the owner should file an appearance in the matter if the property is not abandoned.The county, however, may proceed under this subsection in a  proceeding brought under subsection (a).  Notice of the petition  shall be served by certified or registered mail on all persons who were  served notice under subsection (a).If the county 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 county 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 any or all dangerous or unsafe buildings or to put the property   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 county may amend its complaint in order  to initiate proceedings under subsection (a).If a request to demolish any or all dangerous or unsafe buildings or to otherwise put the property in safe condition 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 property 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 county of all costs incurred  by the county in connection with the action, including but not  limited to court costs, attorney's fees, administrative costs, the  costs, if any, associated with property maintenance, 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 property   in safe condition within the time specified by the court, the county  may petition the court to issue a judicial deed for the property to the  county or another governmental body designated by the county in the petition.  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.(d) Each county may use the provisions of this subsection to expedite the  removal of certain buildings that are a continuing hazard to the community in  which they are located.If the official designated to be  in charge of enforcing the county's building code determines that a  building is open and vacant and an immediate and continuing hazard to the  community in which the building is located, then the official shall be  authorized to post a notice not less than 2 feet by 2 feet in size on the  front of the building.  The notice shall be dated as of the date of the  posting and shall state that unless the building is demolished, repaired,  or enclosed, and unless any garbage, debris, and other hazardous, noxious,  or unhealthy substances or materials are removed so that an immediate and  continuing hazard to the community no longer exists, then the building may  be demolished, repaired, or enclosed, or any garbage, debris, and other  hazardous, noxious, or unhealthy substances or materials may be removed, by  the county.Not later than 30 days following the posting of the notice, the  county shall do both of the following:(1) Cause to be sent, by certified mail, return     receipt requested, a notice to all owners of record of the property, the beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, stating the intent of the county to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if that action is not taken by the owner or owners.(2) Cause to be published, in a newspaper published     or circulated in the county where the building is located, a notice setting forth (i) the permanent tax index number and the address of the building, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and (iii) a statement that the county intends to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so.  This notice shall be published for 3 consecutive days.A person objecting to the proposed actions of the county board may  file his or her objection in an appropriate form in a court of competent  jurisdiction.If the building is not demolished, repaired, or enclosed, or the garbage,  debris, or other hazardous, noxious, or unhealthy substances or materials are  not removed, within 30 days of mailing the notice to the owners of record,  the beneficial owners of any Illinois land trust having title to the  property, and all lienholders of record in the property, or  within 30 days of the last day of publication of the notice, whichever is  later, the county board shall have the power to demolish, repair, or  enclose the building or to remove any garbage, debris, or other hazardous,  noxious, or unhealthy substances or materials.The county may proceed to demolish, repair, or enclose a building  or remove any garbage, debris, or other hazardous, noxious, or unhealthy  substances or materials under this subsection within a 120-day period  following the date of the mailing of the notice if the appropriate official  determines that the demolition, repair, enclosure, or removal of any garbage,  debris, or other hazardous, noxious, or unhealthy substances or materials is  necessary to remedy the immediate and continuing hazard.  If, however, before  the county proceeds with any of the actions authorized by this  subsection, any person has sought a hearing under this subsection before a  court and has served a copy of the complaint on the chief executive officer of  the county, then the county shall not proceed with the demolition,  repair, enclosure, or removal of garbage, debris, or other substances until the  court determines that that action is necessary to remedy the hazard and issues  an order authorizing the county to do so.Following the demolition, repair, or enclosure of a building, or the  removal of garbage, debris, or other hazardous, noxious, or unhealthy  substances or materials under this subsection, the county may file a  notice of lien against the real estate for the cost of the demolition,  repair, enclosure, or removal within 180 days after the repair, demolition,  enclosure, or removal occurred, 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  notice of lien shall consist of a sworn statement setting forth (i) a  description of the real estate, such as the address or other description of  the property, sufficient for its identification; (ii) the expenses incurred  by the county in undertaking the remedial actions authorized under  this subsection; (iii) the date or dates the expenses were incurred by  the county; (iv) a statement by the official  responsible for enforcing the building code that the building was open and  vacant and constituted an immediate and continuing hazard  to the community; (v) a statement by the official that the  required sign was posted on the building, that notice was sent by certified  mail to the owners of record, and that notice was published in accordance  with this subsection; and (vi) a statement as to when and where the notice  was published.  The lien authorized by this subsection may thereafter be  released or enforced by the county as provided in subsection (a).(e) In any case where a county has obtained a lien under subsection (a),  the county may also bring an action for a money judgment against the owner or  owners of the real estate in the amount of the lien in the same manner as  provided for bringing causes of action in Article II of the Code of Civil  Procedure and, upon obtaining a judgment, file a judgment lien against all of  the real estate of the owner or owners and enforce that lien as provided for in  Article XII of the Code of Civil Procedure.(f) In addition to any other remedy provided by law, if a county finds that within a residential property of 1 acre or less there is an accumulation or concentration of: garbage; organic materials in an active state of decomposition including, but not limited to, carcasses, food waste, or other spoiled or rotting materials; human or animal waste; debris; or other hazardous, noxious, or unhealthy substances or materials, which present an immediate threat to the public health or safety or the health and safety of the occupants of the property, the county may, without any administrative procedure to bond, petition the court for immediate injunctive relief to abate or cause the abatement of the condition that is causing the threat to health or safety, including an order causing the removal of any unhealthy or unsafe accumulations or concentrations of the material or items listed in this subsection from the structure or property. The county shall file with the circuit court in which the property is located a petition for an order authorizing the abatement of the condition that is causing the threat to health or safety. A hearing on the petition shall be set within 5 days, not including weekends or holidays, from the date of filing. To provide notice of such hearing, the county shall make every effort to serve the property's owners of record with the petition and summons and, if such service cannot be had, shall provide an affidavit to the court at the hearing showing the service could not be had and the efforts taken to locate and serve the owners of record. The county shall also post a sign at the property notifying all persons of the court proceeding. Following the abatement actions, the county may file a notice of lien for the cost and expense of actions taken under this subsection as provided in subsection (a).   (Source: P.A. 101-200, eff. 1-1-20; 102-363, eff. 1-1-22.)