Illinois 95th Regular Session Status: In Committee

HB 4385 — MUNI CD-ABANDONED BUILDINGS

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 95th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Illinois Municipal Code. Provides that the corporate authorities of any municipality may petition the circuit court to have property declared abandoned if there has been no active water service to the property for 2 or more years. Provides that the owner of record of property that a municipality seeks to declare abandoned may waive certain rights. Provides that notice of a petition to have property declared abandoned may be made in person (as an alternative to certified or registered mail). Makes other changes.

Bill Text

What changed in the latest version

388 added · 409 removed

Plain-language change summary

The recent changes to HB 4385 specify that municipalities can declare a property abandoned if there has been no water service for two or more years, provided the property is unoccupied and has dangerous conditions. Additionally, it establishes that all interested parties, like tax purchasers and land trust beneficiaries, must be included in any legal proceedings regarding the property. This is important because it ensures that all stakeholders are notified and involved in decisions about potentially abandoned properties, contributing to better community safety and property management.

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*LRB09515189HLH41169b* HB4385 95TH GENERAL ASSEMBLY State of Illinois and 2008 HB4385 by Rep.
HB4385 Engrossed LRB095 15189 HLH 41169 b AN ACT concerning local government.
Arthur L.
Turner SYNOPSIS AS INTRODUCED:
ILCS 5/11-31-1 from Ch.
24, par.
11-31-1 Amends the Illinois Municipal Code.
Provides that the corporate authorities of any municipality may petition the circuit court to have property declared abandoned if there has been no active water service to the property for 2 or more years.
Provides that the owner of record of property that a municipality seeks to declare abandoned may waive certain rights.
Provides that notice of a petition to have property declared abandoned may be made in person (as an alternative to certified or registered mail).
Makes other changes.
LRB095 15189 HLH 41169 b A BILL FOR HB4385 LRB095 15189 HLH 41169 b AN ACT concerning local government.
The corporate authorities shall apply to the circuit court HB4385 - 2 - LRB095 15189 HLH 41169 b 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 so to do, have failed 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.
The corporate authorities shall apply to the circuit court HB4385 Engrossed - 2 - LRB095 15189 HLH 41169 b 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 so to do, have failed 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.
The cost of the demolition, repair, enclosure, or removal incurred by the municipality, 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 HB4385 - 3 - LRB095 15189 HLH 41169 b 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 cost of the demolition, repair, enclosure, or removal incurred by the municipality, 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 HB4385 Engrossed - 3 - LRB095 15189 HLH 41169 b 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;
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 HB4385 - 4 - LRB095 15189 HLH 41169 b Procedure or mechanics’ lien foreclosures.
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 HB4385 Engrossed - 4 - LRB095 15189 HLH 41169 b Procedure or mechanics’ lien foreclosures.
(b) Any owner or tenant of real property within 1200 feet in any direction of any dangerous or unsafe building located within the territory of a municipality with a population of 500,000 or more may file with the appropriate municipal authority a request that the municipality apply to the circuit court of the county in which the building is located for an HB4385 - 5 - LRB095 15189 HLH 41169 b order permitting the demolition, removal of garbage, debris, and other noxious or unhealthy substances and materials from, or repair or enclosure of the building in the manner prescribed in subsection (a) of this Section.
(b) Any owner or tenant of real property within 1200 feet in any direction of any dangerous or unsafe building located within the territory of a municipality with a population of 500,000 or more may file with the appropriate municipal authority a request that the municipality apply to the circuit court of the county in which the building is located for an HB4385 Engrossed - 5 - LRB095 15189 HLH 41169 b order permitting the demolition, removal of garbage, debris, and other noxious or unhealthy substances and materials from, or repair or enclosure of the building in the manner prescribed in subsection (a) of this Section.
The court may order the municipality to demolish, remove materials from, repair, or enclose the building, or cause that action to be taken upon the request of HB4385 - 6 - LRB095 15189 HLH 41169 b any owner or tenant who instituted the action or upon the municipality’s request.
The court may order the municipality to demolish, remove materials from, repair, or enclose the building, or cause that action to be taken upon the request of HB4385 Engrossed - 6 - LRB095 15189 HLH 41169 b any owner or tenant who instituted the action or upon the municipality’s request.
the lien is superior to all prior existing liens and encumbrances, except taxes, if, within 180 days after the repair, removal, demolition, or enclosure, the municipality or the person or persons who paid the costs of demolition, removal, repair, or enclosure shall file a notice of lien of 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 the county if the real estate HB4385 - 7 - LRB095 15189 HLH 41169 b affected is registered under the Registered Titles (Torrens) Act.
the lien is superior to all prior existing liens and encumbrances, except taxes, if, within 180 days after the repair, removal, demolition, or enclosure, the municipality or the person or persons who paid the costs of demolition, removal, repair, or enclosure shall file a notice of lien of 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 the county if the real estate HB4385 Engrossed - 7 - LRB095 15189 HLH 41169 b affected is registered under the Registered Titles (Torrens) Act.
HB4385 - 8 - LRB095 15189 HLH 41169 b All liens arising under the terms of this subsection (b) shall be assignable.
HB4385 Engrossed - 8 - LRB095 15189 HLH 41169 b All liens arising under the terms of this subsection (b) shall be assignable.
If the court denies the petition, the municipality may enforce the lien in a separate action as provided in subsection (a), HB4385 - 9 - LRB095 15189 HLH 41169 b (b), or (f).
If the court denies the petition, the municipality may enforce the lien in a separate action as provided in subsection (a), HB4385 Engrossed - 9 - LRB095 15189 HLH 41169 b (b), or (f).
(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, or there has been no active water service to the property for 2 or more years;
(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;
and HB4385 - 10 - LRB095 15189 HLH 41169 b (3) the property contains a dangerous or unsafe building for reasons specified in the petition.
and (3) the property contains a dangerous or unsafe HB4385 Engrossed - 10 - LRB095 15189 HLH 41169 b building for reasons specified in the petition.
In addition, any waiver in a proceeding under this subsection (d) does not serve as a waiver HB4385 - 11 - LRB095 15189 HLH 41169 b for any other proceeding under law or equity.
In addition, any waiver in a proceeding under this subsection (d) does not serve as a waiver for any other proceeding under law or equity.
If that determination is made, notice shall be sent in person or 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 municipality unless, within 30 days of the notice, the owner of record or 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, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property.
HB4385 Engrossed - 11 - LRB095 15189 HLH 41169 b If that determination is made, notice shall be sent in person or 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 municipality unless, within 30 days of the notice, the owner of record or 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, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property.
In that case, the municipality may amend its complaint in order to initiate proceedings under subsection (a), or it may request that the court order the owner to demolish the building or repair the dangerous or unsafe conditions of the building alleged in the petition or HB4385 - 12 - LRB095 15189 HLH 41169 b seek the appointment of a receiver or other equitable relief to correct the conditions at the property.
In that case, the municipality may amend its complaint in order to initiate proceedings under subsection (a), or it may request that the court order the owner to demolish the building or repair the dangerous or unsafe conditions of the building alleged in the petition or seek the appointment of a receiver or other equitable relief to HB4385 Engrossed - 12 - LRB095 15189 HLH 41169 b correct the conditions at the property.
If the requesting party (other than the owner of record) proves to the court that the building has been demolished or put in a safe condition in conformance with the municipality’s municipal code 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 municipality of all costs incurred by the municipality 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 HB4385 - 13 - LRB095 15189 HLH 41169 b receiver’s certificates.
If the requesting party (other than the owner of record) proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes 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 municipality of all costs incurred by the municipality 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.
The interest in the property so conveyed shall be subject to HB4385 Engrossed - 13 - LRB095 15189 HLH 41169 b all liens and encumbrances on the property.
If the requesting party is the owner of record and proves to the court that the building has been demolished or put in a safe condition in conformance with the municipality’s municipal code within the period of time granted by the court, the court shall dismiss the proceeding under this subsection (d).
If the requesting party is the owner of record and proves to the court that the building has been demolished or put in a safe condition in accordance with the local safety codes within the period of time granted by the court, the court shall dismiss the proceeding under this subsection (d).
Any such bona fide certificate of purchase holder shall be entitled to a sale in error as prescribed under Section 21-310 HB4385 - 14 - LRB095 15189 HLH 41169 b of the Property Tax Code.
Any such bona fide certificate of purchase holder shall be entitled to a sale in error as prescribed under Section 21-310 of the Property Tax Code.
(e) Each municipality 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.
HB4385 Engrossed - 14 - LRB095 15189 HLH 41169 b (e) Each municipality 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.
(1) Cause to be sent, by certified mail, return receipt requested, a Notice to Remediate to all owners of record of HB4385 - 15 - LRB095 15189 HLH 41169 b 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 municipality 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.
(1) Cause to be sent, by certified mail, return receipt requested, a Notice to Remediate to all owners of record of the property, the beneficial owners of any Illinois land HB4385 Engrossed - 15 - LRB095 15189 HLH 41169 b trust having title to the property, and all lienholders of record in the property, stating the intent of the municipality 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.
Any person or persons with a current legal or equitable interest in the property objecting to the proposed actions of HB4385 - 16 - LRB095 15189 HLH 41169 b the corporate authorities may file his or her objection in an appropriate form in a court of competent jurisdiction.
Any person or persons with a current legal or equitable interest in the property objecting to the proposed actions of the corporate authorities may file his or her objection in an HB4385 Engrossed - 16 - LRB095 15189 HLH 41169 b appropriate form in a court of competent jurisdiction.
If, however, before the municipality proceeds with any of the actions authorized by this subsection, any person with a legal or equitable interest in the property has sought a hearing under this subsection before a court and has served a copy of the complaint on the HB4385 - 17 - LRB095 15189 HLH 41169 b chief executive officer of the municipality, then the municipality 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 municipality to do so.
If, however, before the municipality proceeds with any of the actions authorized by this subsection, any person with a legal or equitable interest in the property 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 municipality, then the HB4385 Engrossed - 17 - LRB095 15189 HLH 41169 b municipality 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 municipality 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 municipality 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 HB4385 - 18 - LRB095 15189 HLH 41169 b 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;
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 municipality 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 HB4385 Engrossed - 18 - LRB095 15189 HLH 41169 b 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;
HB4385 - 19 - LRB095 15189 HLH 41169 b (f) The corporate authorities of each municipality may remove or cause the removal of, or otherwise environmentally remediate hazardous substances and petroleum products on, in, or under any abandoned and unsafe property within the territory of a municipality.
(f) The corporate authorities of each municipality may HB4385 Engrossed - 19 - LRB095 15189 HLH 41169 b remove or cause the removal of, or otherwise environmentally remediate hazardous substances and petroleum products on, in, or under any abandoned and unsafe property within the territory of a municipality.
and (3) "unsafe" means property that presents an actual or HB4385 - 20 - LRB095 15189 HLH 41169 b imminent threat to public health and safety caused by the release of hazardous substances;
and (3) "unsafe" means property that presents an actual or imminent threat to public health and safety caused by the HB4385 Engrossed - 20 - LRB095 15189 HLH 41169 b release of hazardous substances;
The court shall grant an order authorizing testing under paragraph (i) above upon a showing of preliminary evidence indicating the presence or likely presence of a hazardous substance or a petroleum product or a release of or a HB4385 - 21 - LRB095 15189 HLH 41169 b substantial threat of a release of a hazardous substance or a petroleum product on, in, or under abandoned property.
The court shall grant an order authorizing testing under paragraph (i) above upon a showing of preliminary evidence indicating the presence or likely presence of a hazardous substance or a petroleum product or a release of or a substantial threat of a release of a hazardous substance or a HB4385 Engrossed - 21 - LRB095 15189 HLH 41169 b petroleum product on, in, or under abandoned property.
The lien is superior to all prior existing liens and encumbrances, except taxes and any lien HB4385 - 22 - LRB095 15189 HLH 41169 b obtained under subsection (a) or (e), if, within 180 days after the completion of the inspection, testing, or remediation, the municipality or the lien holder of record 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 is superior to all prior existing liens and encumbrances, except taxes and any lien obtained under subsection (a) or (e), if, within 180 days after HB4385 Engrossed - 22 - LRB095 15189 HLH 41169 b the completion of the inspection, testing, or remediation, the municipality or the lien holder of record 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.
provided that where the lien is enforced by foreclosure under subsection (c) or under either statute, the municipality may not proceed against the other assets of the owner or owners of the real estate for any costs that otherwise HB4385 - 23 - LRB095 15189 HLH 41169 b would be recoverable under this Section but that remain unsatisfied after foreclosure except where such additional recovery is authorized by separate environmental laws.
provided that where the lien is enforced by foreclosure under subsection (c) or under either statute, the municipality may not proceed against the other assets of the owner or owners of the real estate for any costs that otherwise would be recoverable under this Section but that remain HB4385 Engrossed - 23 - LRB095 15189 HLH 41169 b unsatisfied after foreclosure except where such additional recovery is authorized by separate environmental laws.
8-21-07.)
8-21-07.) Section 99.
Effective date.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Placed on Calendar Order of 3rd Reading - Short Debate

  4. House Floor Amendment No. 2 Adopted by Voice Vote

  5. House Floor Amendment No. 1 Adopted by Voice Vote

  6. Second Reading - Short Debate

  7. House Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 004-000-000

  8. Final Action Deadline Extended-9(b) May 31, 2008

  9. House Floor Amendment No. 2 Referred to Rules Committee

  10. House Floor Amendment No. 2 Filed with Clerk by Rep. Arthur L. Turner

  11. House Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000

  12. Final Action Deadline Extended-9(b) May 23, 2008

  13. House Floor Amendment No. 1 Referred to Rules Committee

  14. House Floor Amendment No. 1 Filed with Clerk by Rep. Arthur L. Turner

  15. Final Action Deadline Extended-9(b) May 9, 2008

  16. Placed on Calendar 2nd Reading - Short Debate

  17. Do Pass / Short Debate Local Government Committee; 010-000-000

  18. Assigned to Local Government Committee

  19. Referred to Rules Committee

  20. First Reading

  21. Filed with the Clerk by Rep. Arthur L. Turner

Sponsors

  • Arthur L. Turner · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Arthur L. Turner

Not signed on (182)

182 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety housing
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Frequently asked questions

What does HB 4385 do?
Amends the Illinois Municipal Code. Provides that the corporate authorities of any municipality may petition the circuit court to have property declared abandoned if there has been no active water service to the property for 2 or more years. Provides that the owner of record of property that a municipality seeks to declare abandoned may waive certain rights. Provides that notice of a petition to have property declared abandoned may be made in person (as an alternative to certified or registered mail). Makes other changes.
Who sponsors HB 4385?
HB 4385 is sponsored by Arthur L. Turner.
What is the current status of HB 4385?
This bill died with 95th Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 4385?
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