2005 Illinois Code - Chapter 210 Health Facilities 210 ILCS 117/ Abandoned Mobile Home Act.
(210 ILCS 117/1)
Sec. 1.
Short title.
This Act may be cited as the Abandoned Mobile Home Act.
(Source: P.A. 88‑516.)
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(210 ILCS 117/5)
Sec. 5.
Legislative intent and policy.
The General Assembly finds
that abandoned mobile homes are a nuisance because they cause
blight and depress property values. Existing laws create unnecessary
impediments to their speedy and efficient removal and disposal. This Act
is intended to provide local governments with the authority to remove abandoned
mobile homes while protecting property rights.
(Source: P.A. 88‑516.)
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(210 ILCS 117/10)
Sec. 10.
Definitions.
"Mobile home" means a structure designed for permanent habitation and
constructed to permit its transport on wheels, temporarily or
permanently attached to its frame, from its place of construction to a
location where it is intended to be a
permanent habitation.
"Mobile home" does not include a structure that is
served by individual utilities and that rests on a permanent foundation
with its wheels, tongue, and hitch permanently removed.
"Abandoned mobile home" means a mobile home that has no owner currently
residing in the mobile home or authorized tenant of the owner currently
residing in the mobile home to the best knowledge of the municipality;
has had its electricity,
natural gas, sewer, and water payments declared delinquent
by the utility companies that are providing such services; and for which
the Mobile Home Privilege Tax, imposed under the Mobile Home Local
Services Tax Act, is delinquent for at least 3 months.
"Municipality" means any city, village, incorporated town, or its duly
authorized agent. If an abandoned mobile home is located in an
unincorporated area, the county where the mobile home is located shall have
all powers granted to a
municipality under this Act.
(Source: P.A. 88‑516.)
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(210 ILCS 117/15)
Sec. 15.
Authorization.
The corporate authority of a municipality may
remove and
dispose of any abandoned mobile home found within the municipality and may
legally enter upon any land to do so.
(Source: P.A. 88‑516.)
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(210 ILCS 117/20)
Sec. 20.
Exemption from liability.
An entity that removes, sells, or
disposes of a mobile home under the authority of this Act shall not be liable
for any damages caused by the removal, sale, or disposal.
(Source: P.A. 88‑516.)
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(210 ILCS 117/25)
Sec. 25.
Notice.
(a) Before removing an abandoned mobile home, the
municipality shall send written
notice as provided in subsection (c) by certified mail, return receipt
requested, to
each owner and each
lienholder who appears on the records of the
Secretary of State, and to each owner of record of
the land upon which the mobile home is located.
The notice shall also be sent by certified mail, return receipt requested,
to the last person who paid the mobile home privilege tax on the
mobile home as shown on the records of the County Treasurer of the county
where the mobile home is located.
(b) If the owner, lienholder, or other
legally entitled person does not sign for the notice sent to him or her by
certified mail, then that
person shall be notified by publication as provided in subsection (c) in
a newspaper of general
circulation in the municipality or a newspaper of general circulation in
the county if no newspaper exists in the municipality or the county is
responsible for the notice. The notice must be published once a week for 3
consecutive weeks.
If the Secretary of State
has no record of title for the mobile home, and if after diligent
search, the name and address of the owner, lienholder or other legally
entitled person cannot be ascertained, then
the municipality shall publish the notice as provided in subsection (c) in a newspaper
of general circulation in
the municipality once a week for 3 consecutive weeks.
(c) The notice required under this Section shall be in substantially the
following form:
"TO:___________________________________
___________________________________
___________________________________
Date of Notice:______________
You are notified that the (name municipality) has |
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declared that a certain mobile home (describe mobile home in terms of size, color, make, and model, if known) located at (give address or describe location) is an abandoned mobile home within the meaning of the Abandoned Mobile Home Act. Unless all delinquent mobile home privilege taxes (including penalty and interest) are paid and electric and water service restored to this mobile home within 30 days of the date of this notice, the (name of municipality) shall remove and dispose of the mobile home, and it shall be disposed of or sold at public auction free and clear of any existing liens.
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If you have any questions regarding this notice, you
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should contact the following person.
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________________________
(Agent for municipality)
________________________
(Address)
________________________
(Telephone Number)"
If notice was mailed, the effective date of the notice shall be the date it
was mailed, if notice was published, the effective
date shall be the first date the notice appeared in the newspaper.
(Source: P.A. 88‑516.)
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(210 ILCS 117/30)
Sec. 30.
Disposal or auction.
If the owners or lien
holders of the mobile home fail to restore the electric and
water service and to pay all taxes, interest, and penalties within the 30 day
period following the effective date of the notice, then the municipality
shall obtain title to the mobile home and may
remove the mobile home and dispose of it unless the municipality determines
that it is worthwhile to attempt
to sell it at a public auction.
If no bids are received, then the mobile home may be disposed of in any
manner authorized by this Act.
Notice of the time and place of the auction shall be posted where
the auction will take place in a
conspicuous place at least 10 days before the auction. At least 10 days before
the
auction, the municipality shall also send notice of the auction by certified
mail to each owner and lien
holder who was originally notified by certified mail. This notice shall
include a description of the mobile home and shall inform the owner or
lienholder, or both, that they can reclaim the mobile home if they establish
before
the auction that they have a right to possession, submit written proof that
electric and
water service has
been restored to the mobile home, submit written proof that all taxes,
including interest and
penalties, have been paid, and that the municipality has been reimbursed
for all incidental expenses, including the cost of notice described in Section
25.
(Source: P.A. 88‑516.)
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(210 ILCS 117/35)
Sec. 35.
Ultimate responsibility of mobile home owner.
If a
municipality disposes of or auctions off a mobile home at a financial loss,
the person having record title at the time these proceedings began shall
be ultimately responsible for all reasonable losses incurred by a municipality.
(Source: P.A. 88‑516.)
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(210 ILCS 117/40)
Sec. 40.
Transportation.
Transportation of an abandoned mobile home
over the public streets
and highways of this State under this Act shall not require registration
plates issued under the Illinois Vehicle Code or a permit certifying payment
of the mobile home tax under the Mobile Home Local Services Tax Act for the
current
year.
(Source: P.A. 88‑516.)
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(210 ILCS 117/45)
Sec. 45.
Transfer of title.
If a municipality chooses, it may
transfer title and all responsibilities for an abandoned mobile home to its
agent for the sole purpose of removal by sale or disposal. If this
option is utilized, any expenses incurred or profits realized from the
legal sale or disposal shall be with the agent.
(Source: P.A. 88‑516.)
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(210 ILCS 117/50)
Sec. 50.
Proceeds.
When a mobile home is disposed of under this Act, the
proceeds of the public sale or disposition, after deduction of all towing,
storage, processing charges, and payment in priority order to lienholders,
including providers of any utility services, shall be deposited into the
municipality's treasury.
(Source: P.A. 88‑516.)
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(210 ILCS 117/55)
Sec. 55.
Salvage and junking certificates.
When an applicant for a
salvage or junking certificate
presents the Secretary of State with proof that the applicant has
purchased or acquired a mobile home at a public sale authorized by this
Act, and the local law enforcement agency
having jurisdiction over the public sale of a vehicle certifies this fact,
the Secretary of
State shall issue the salvage or junking certificate
upon receipt of the properly executed application.
The salvage or junking certificate
issued by the Secretary of State under Section 3‑117.1 of the Illinois
Vehicle Code shall be
free of any lien that existed against the vehicle before the applicant acquired the
vehicle.
(Source: P.A. 88‑516.)
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(210 ILCS 117/90)
Sec. 90.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑516; text omitted.)
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(210 ILCS 117/95)
Sec. 95.
(Amendatory provisions; text omitted).
(Source: P.A. 88‑516; text omitted.)
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