(315 ILCS 30/Pt. II heading)
(315 ILCS 30/20) (from Ch. 67 1/2, par. 91.120)
Sec. 20.
The Department of Urban Renewal as agent of the municipality,
shall have and exercise the following powers with respect to the
development, redevelopment and replanning of conservation areas:
(a) Designate Conservation Areas and approve all conservation plans
developed for conservation areas in the manner prescribed herein.
(b) Approve each use of eminent domain for the acquisition of real
property for the purposes of this Act, provided that every property owner
affected by condemnation proceedings shall have the opportunity to be heard
by the Department before such proceedings may be approved.
(c) Act as the agent of the municipality in the acquisition, management,
and disposition of property acquired pursuant to this Act as hereinafter
provided.
(d) Act as agent of the governing body, at the discretion of the
governing body, in the enforcement and the administration of any ordinances
relating to the conservation of urban residential areas and the prevention
of slums enacted by the governing body pursuant to the laws of this State.
(Source: Laws 1961, p. 3308.)
(315 ILCS 30/21) (from Ch. 67 1/2, par. 91.121)
Sec. 21.
Whenever the Department determines that an area within the
municipality may be eligible for designation as a conservation area within
the meaning of this Act, it shall make such investigation and hold such
hearings as may be required, including at least one public hearing held
within the area. Any hearing may be conducted by the Department or by a
committee appointed by it, consisting of one or more members of the
Department. The Department and any member, employee or agent thereof so
designated shall have power to administer oaths, take affidavits, subpoena
and require the attendance and testimony of witnesses and the production of
books and papers pertaining to such investigation. The Department may after
such hearing designate such areas as conservation areas for the purposes of
this Act. Such designation together with an accurate description of the
area included in such designation shall be made by resolution of the
majority of the Department and be part of the records of the Department.
Following such designation the Department shall draw up or have
submitted for its approval a conservation plan for the area, which plan may
include but is not limited to (1) land uses, residential and
non-residential; (2) improvement, alteration, or vacation of major and
minor streets and alleys, provision for restricted service access, and
off-street parking; (3) locations and easements for public utilities; (4)
community facilities; (5) landscaping and site engineering; (6) building
restrictions; (7) recommended construction including new buildings,
rehabilitation and conversions, demolition of designated structures, and
elimination of non-conforming uses; (8) population density, ground
coverage, and number of dwelling units recommended; (9) recommended
standards of maintenance, and requirements of applicable health and safety
ordinances; (10) zoning and/or rezoning required; (11) costs and financing
arrangements of public portions of the plan; (12) recommended time table of
various stages of the program; (13) any and all other steps needed to carry
out the plan. Such plan shall conform to the comprehensive plan, if any, of
the municipality. In any municipality which has provided for the creation
of a Department, to operate within the boundaries of such municipality,
pursuant to the provisions of this Act, the Department shall nominate and
the presiding officer shall appoint no less than nine nor more than fifteen
residents of each conservation area designated by the Department to serve
as a "Conservation Community Council" for their respective areas. One
member of each such council shall be designated as Chairman by the
presiding officer. Members of such councils shall be appointed to serve
three year terms except that one-third of the initial membership of each
council shall serve terms of one year and one-third of the initial
membership of each council shall serve terms of two years. Members shall
serve without pay and shall be eligible to succeed themselves. A member
shall hold office until his successor shall have been appointed and
qualified. No member of a council may hold public or political party office
during his period of membership. A majority of the members of each council
shall constitute a quorum to transact business and no vacancy shall impair
the right of the remaining members to exercise all the powers of each
council, and every action of a conservation community council approved by a
majority of the members present shall be deemed to be the action of the
conservation community council; provided that not less than five members
shall constitute a quorum.
The councils shall:
(a) Consult with, assist and advise the Department in the preparation of
the conservation plan for their respective areas;
(b) Assist the Department in the administration of the conservation plan
within their respective areas;
(c) Approve by majority vote as hereinbefore provided the conservation
plan for their respective areas before it is submitted to the governing
body, as hereinafter provided;
(d) Take vigorous appropriate steps to reconstitute community pride and
encourage self-help through planned individual and block rehabilitation
efforts within their respective areas.
Any Conservation Community Council heretofore created pursuant to the
"Urban Community Conservation Act," approved July 13, 1953, as amended,
shall be deemed lawfully and validly created under the terms of this Act,
and shall have all the authority and exercise the same powers, and be
subject to the same duties as herein prescribed for Conservation Community
Councils; and nothing herein contained shall affect or impair the validity
of any act or proceeding done or performed by such Conservation Community
Councils under the aforesaid Urban Community Conservation Act.
The Department shall cooperate and consult with public and private
agencies and individuals interested in the area, in preparing the plan.
Upon its completion the plan shall be submitted to the governing body,
together with a request for such implementing legislation as may be
required and within the authority of the governing body and the opinion of
the plan commission of the municipality, if any, on the merits of the plan.
The governing body of the municipality shall by resolution adopt or
reject such plan. Following favorable action by the governing body, the
Department shall certify such plan as adopted and may thereafter exercise
in such areas the powers granted under this Act; provided that nothing in
this Section shall restrict the Department from the exercise within the
municipality of any other powers which have been delegated to it by the
governing body, notwithstanding the failure to certify any conservation
plan as adopted.
(Source: P.A. 77-124.)
(315 ILCS 30/22) (from Ch. 67 1/2, par. 91.122)
Sec. 22. The Department of a municipality shall have the power to acquire
by purchase, condemnation or otherwise any improved or unimproved real
property the acquisition of which is necessary or appropriate for the
implementation of a conservation plan for a conservation area as defined
herein; to remove or demolish substandard or other buildings and structures
from the property so acquired; to hold, improve, mortgage and manage such
properties; and to sell, lease, or exchange such properties,
provided that
contracts for repair, improvement or rehabilitation of existing
improvements as may be required by the conservation plan to be done by the
Department involving in excess of $1,000.00 shall be let by free and
competitive bidding to the lowest responsible bidder upon such bond and
subject to such regulations as may be set by the Department, and provided
further that all new construction for occupancy and use other than by any
municipal corporation or subdivision thereof shall be on land privately
owned. The acquisition, use or disposition of any real property in
pursuance of this section must conform to a conservation plan developed in
the manner hereinafter set forth. In case of the sale or lease of any real
property acquired under the provisions of this Act such buyer or lessee
must as a condition of sale or lease, agree to improve and use such
property according to the conservation plan, and such agreement may be made
a covenant running with the land and on order of the governing body such
agreement shall be made a covenant running with the land. The Department
shall by public notice by publication once each week for 2 consecutive
weeks in a newspaper having general circulation in the municipality prior
to the execution of any contract to sell, lease or otherwise transfer real
property and prior to the delivery of any instrument of conveyance with
respect thereto, invite proposals from and make available all pertinent
information to redevelopers or any person interested in undertaking to
redevelop or rehabilitate a conservation area, or any part thereof,
provided that, in municipalities in which no newspaper is published,
publication may be made by posting a notice in 3 prominent places within
the municipality. Such notice shall contain a description of the
conservation area, the details of the conservation plan relating to the
property which the purchaser shall undertake in writing to carry out and
such undertakings as the Department may deem necessary to obligate the
purchaser, his successors and assigns (1) to use the property for the
purposes designated in the conservation plan, (2) to commence and complete
the improvement, repair, rehabilitation, or construction of the
improvements within the periods of time which the Department fixes as
reasonable and (3) to comply with such other conditions as are necessary to
carry out the purposes of the Act. The Department may negotiate with any
persons for proposals for the purchase, lease or other transfer of any real
property acquired pursuant to this Act and shall consider all redevelopment
and rehabilitation proposals submitted to it and the financial and legal
ability of the persons making such proposals to carry them out. The
Department, as agent for the municipality, at a public meeting, notice of
which shall have been published in a newspaper of general circulation
within the municipality at least 15 but not more than 30 days prior to such
meeting, may accept such proposals as it deems to be in the public interest
and in furtherance of the purposes of this Act; provided that, all sales or
leases of real property shall be made at not less than fair use value.
Condemnation proceedings instituted hereunder shall be brought by and in
the name of the municipality and shall be in all respects in the manner
provided for the exercise of the right of
eminent domain under the Eminent Domain Act.
No property shall be held for more than 5 years, after which period such
property shall be sold to the highest bidder at public sale. The Department
may employ competent private real estate management firms to manage such
properties as may be acquired, or the Department may manage such
properties.
(Source: P.A. 94-1055, eff. 1-1-07.)
(315 ILCS 30/23) (from Ch. 67 1/2, par. 91.123)
Sec. 23.
If any owner or agent of improved private property within a
conservation area as designated under this Act, shall after notice to owner
or agent and to mortgagee to comply and opportunity to be heard, fail to
make such property conform to minimum standards as set forth in the
governing ordinances of the municipality, the corporate authorities of a
municipality upon the request of the Department, shall apply to the Circuit
Court of the county in which the property is located for an order of court
permitting the corporate authorities to make such improved property conform
to such minimum standards and to charge and collect from the owners of and
persons interested in such property the reasonable cost and expense of
making such repairs or improvements as are necessary to bring the property
up to the minimum standards of such ordinances. This cost and expense is a
lien upon the real estate affected, subordinate to all prior existing liens
and encumbrances, provided that within 60 days after the cost and expense
is incurred the municipality or person performing the service by authority
of the municipality, in his or its own name, shall file notice of lien in
the office of the recorder in the county in which said real estate
is located or in the office of the Registrar of Titles of such county if
the real estate affected is registered under "An Act concerning land titles",
approved May 1, 1897, as amended. The notice
shall consist of a sworn statement setting out (1) a description of the
real estate sufficient for identification thereof; (2) the amount of money
representing the cost and expense incurred or payable for the services; (3)
the date or dates when said cost and expense was incurred by the
municipality. However, the lien of such municipality shall not be valid as
to any purchaser, mortgagee, judgment creditor, or other lienor whose
rights in and to said real estate have arisen subsequent to such repair or
improvements and prior to the filing of the notice of such lien, in the
office of the recorder, or in the office of the Registrar of
Titles, as aforesaid. Upon payment of said cost and expense by the owner of
or a person interested in said property, after notice of lien has been
filed, the lien shall be released by the municipality or person in whose
name the lien has been filed and said release may be filed of record as in
the case of filing notice of lien. The lien may be enforced by proceedings
to foreclose as in case of mortgages or mechanics liens. Suit to foreclose
this lien shall be commenced within 3 years after the date of filing
notice of lien.
(Source: P.A. 83-358.)