Hainesville — Title 8 Ch. 8.40 Liens for Property Maintenance Activities for Vacant Buildings § 8.40.050
Traditional lien procedure
Operative Text
If a bill sent pursuant to Section 8.40.040 is not paid in full within thirty (30) days of the date of the bill, the village shall have the authority to file and record a lien against the property, pursuant to Section 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-15. If, for any one property, the village engaged in any nuisance abatement activity described in Section 8.40.030 on more than one occasion during the course of one year, then the village may combine any or all of the costs of those activities into a single notice of lien. The lien must be filed in accordance with the lien procedure established by the specific code provision of which the property is alleged to be in violation or, if no such procedure exists, then the following procedure shall apply: A. Notice of Lien. The village or the person performing the service by authority of the village, in its, his or her own name, may file a notice of lien in the office of the recorder of deeds in the county in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred. The notice of lien shall consist of a sworn statement setting forth: 1. A description of the real estate that sufficiently describes the parcel; 2. The amount of the cost and expense incurred or payable for the activities; and 3. The date or dates when such cost and expense was incurred by the village or someone working on behalf of the village. After recording, the notice of lien shall be sent by certified mail to the property owner, his agent or legal representative or occupant in legal possession or control of the premises and, if different, to the person who received the tax bill for the preceding year. B. Release of Lien. Upon payment of the cost after the notice of lien has been filed as provided herein, the lien shall be released by the village or person in whose name the lien has been filed, and the release shall be recorded of record in the same manner as recording the notice of lien. C. Foreclosure of Lien. Subsequent to the filing of the above-described lien, the village may cause to be filed a complaint for foreclosure of such lien, or upon becoming a defendant in a pending lawsuit affecting the premises or real estate, by answer to the complaint or in the nature of an intervening petition or cross-complaint the village may proceed in its corporate name to foreclose such lien. An action to foreclose a lien under this section must be commenced within two years after the date of filing notice of lien. The property subject to a lien arising under this article shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the monies owing the village.
Under Hainesville Title 8, Chapter 8.40, § 8.40.050, when a property owner does not pay a bill for village-performed property maintenance or nuisance abatement within 30 days, the village gains the authority to place a formal lien on that property. The lien is recorded with the county recorder of deeds and must be filed within one year of the costs being incurred; the property owner is then notified by certified mail. If the lien remains unpaid, the village may pursue foreclosure within two years of filing, potentially resulting in the property being sold to satisfy the debt.
Plain English — not legal advice.
Property owners subject to village-performed maintenance or nuisance abatement under Hainesville § 8.40.050 generally pay any outstanding bill within the 30-day window to avoid a recorded lien appearing on the property's title. Operators who manage multiple properties should be aware that the village may consolidate costs from several abatement activities on the same property into a single lien notice. Once a lien is recorded and certified mail notice is sent, the path to clearing title runs through full payment and obtaining a recorded release from the village.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Hainesville § 8.40.050 establishes a lien and potential foreclosure process that primarily runs between the village and the property owner, but tenants in affected buildings may want to be aware that an unresolved lien can signal ongoing code-compliance issues at the property. Tenants who believe their building is subject to unaddressed maintenance violations can inquire with the village about any recorded liens or abatement activity under this chapter. Local tenant-rights organizations can help tenants understand how property liens and potential foreclosure proceedings might affect their occupancy rights.
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 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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