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Full Text of HB5167
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Full Text
HB5167 - 104th General Assembly
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House Amendment 001
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House Amendment 001
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HB5167 Enrolled
LRB104 19104 TRT 32549 b
1
AN ACT concerning local government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
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Section 5.
The Township Code is amended by changing
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Section 105-15 as follows:
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(60 ILCS 1/105-15)
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Sec. 105-15.
Weed cutting.
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(a) The township board may provide for the cutting of
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weeds or grass, the trimming of trees or bushes, the removal of
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nuisance bushes or trees, or the maintenance of a retention
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pond or detention pond on any real estate in residential areas
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in the township no sooner than 7 days after notifying the owner
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or the appropriate property owners association by
a means of
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notice listed below
mail
of the intended weed or grass
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cutting, bush or tree trimming, nuisance bush or tree removal,
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or pond maintenance when the owners of the real estate refuse
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or neglect to cut the weeds or grass, trim the trees or bushes,
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remove the nuisance bushes or trees, or maintain the pond. The
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board may collect from the owners the reasonable cost of
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cutting the weeds or grass, trimming the trees or bushes,
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removing the nuisance bushes or trees, or maintaining the
22
pond.
The 7-day advance notice required under this Section may
23
be served by certified mail, by personal service, or by
HB5167 Enrolled
- 2 -
LRB104 19104 TRT 32549 b
1
posting the notice on the property in a prominent location.
2
The service of the notice by posting on the property is legally
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sufficient if the posting and date of the notice are proven by
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introduction of a date-stamped photograph showing the notice
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posted on the property.
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(b) This cost is a lien upon the real estate affected,
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superior to all other liens and encumbrances except tax liens,
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if within 60 days after the cost and expense is incurred, the
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township or person performing the service by authority of the
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township in his or its own name files a notice of lien in the
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office of the recorder in the county in which the real estate
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is located or in the office of the registrar of titles of the
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county if the real estate affected is registered under the
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Registered Titles (Torrens) Act. The notice shall consist of a
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sworn statement setting out (i) a description of the real
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estate sufficient for its identification, (ii) the amount of
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money representing the cost and expense incurred or payable
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for the service, and (iii) the date or dates when the cost and
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expense was incurred by the township. The lien of the township
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shall not be valid, however, as to any purchaser whose rights
21
in and to the real estate have arisen after the weed or grass
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cutting, bush or tree trimming, nuisance bush or tree removal,
23
or pond maintenance and before the filing of the notice, and
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the lien of the township shall not be valid as to any
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mortgagee, judgment creditor, or other lienholder whose rights
26
in and to the real estate arise before the filing of the
HB5167 Enrolled
- 3 -
LRB104 19104 TRT 32549 b
1
notice. Upon payment of the cost and expense by the owner of or
2
persons interested in the property after the notice of lien
3
has been filed, the lien shall be released by the township or
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person in whose name the lien has been filed. The release may
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be filed of record as in the case of filing a notice of lien.
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(c) No provision of this Section applies to any nature
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preserve or other area that has been designated as a
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conservation area.
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(d) In addition to any lien or foreclosure action related
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thereto, a township may institute a civil action or proceeding
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to recover the amount of money owed for any service performed
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pursuant to subsection (a).
13
(Source: P.A. 96-564, eff. 8-18-09.)
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