Bartonville — Ch. 18 Art. III Unfit Dwellings § 18-58
Lien; personal judgment
Operative Text
The cost of enforcement of this Article shall be recovered as follows: (1) Lien on property. The cost of any repair or demolition incurred by the Village, and costs associated with enforcement, including, but not limited to, court costs, attorney's fees, and other costs related to the enforcement, is recoverable from the owner of the real estate containing the unfit dwelling and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes. (2) Recording of lien; release of lien. Within 180 days after completion of the repair or demolition, the Village Attorney shall file a notice of lien for the costs and fees set forth in Subsection (1) of this Section with the County Recorder of Deeds. The notice of lien shall contain a sworn statement setting out a description of the real estate sufficient for its identification, the amount of money representing the costs and fees incurred, and the date or dates when the costs and fees were incurred. Upon payment of all the costs and fees, the lien shall be released by the Village. (3) Foreclosure. The lien may be enforced by proceedings to foreclose. A suit to foreclose the lien shall be commenced by the Village Attorney within three years after the date of filing of the notice of lien. (4) Personal judgment. If the Village's costs and fees related to the repair or demolition of an unfit dwelling are not paid, the Village Attorney may commence proceedings in the County Circuit Court seeking a personal judgment against the owner of the subject property. The action authorized by this Subsection shall be in addition to, and without waiver of, any other remedies.
Bartonville Ch. 18 Art. III § 18-58 establishes how the Village recovers costs it incurs when enforcing its unfit-dwellings rules, including expenses for repairs, demolition, court costs, and attorney's fees. The Village may place a lien on the property — superior to most other liens except taxes — and must record that lien with the County Recorder of Deeds within 180 days of completing the work. If the lien goes unpaid, the Village can pursue foreclosure within three years of filing, and separately may seek a personal money judgment against the property owner in County Circuit Court, with both remedies available simultaneously.
Plain English — not legal advice.
Under Bartonville Ch. 18 Art. III § 18-58, property owners who allow an unfit dwelling to go unaddressed risk having the Village step in, perform repairs or demolition, and then recover all associated costs — including attorney's fees and court costs — through a lien placed on the property. That lien takes priority over nearly all other existing liens and encumbrances, which can complicate refinancing, sales, or other transactions involving the property. Operators who stay current on maintenance obligations and respond promptly to Village notices generally avoid the lien, foreclosure, and personal-judgment mechanisms this section authorizes.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Bartonville Ch. 18 Art. III § 18-58 describes the financial enforcement tools the Village uses against owners of properties deemed unfit for habitation, which signals that the municipality has formal mechanisms to compel owners to address serious housing conditions. Tenants living in properties that may qualify as unfit dwellings can contact the Village to report conditions, potentially triggering the enforcement process this section supports. Tenant-rights organizations and legal aid offices can help residents understand how the unfit-dwellings framework under Article III may relate to their housing situation.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 9, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation