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HB 5167

TOWNSHIP CD-WEED CUTTING

104th Regular Session Introduced by Sharon Chung and 2 co-sponsors

Townships may perform weed, brush, nuisance vegetation, and pond maintenance on residential property and place a lien to recover the reasonable costs.

Sent to the Governor
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Bill Summary · HB 5167

Summary of HB5167 (104th Illinois General Assembly)

Purpose and intent

HB5167 amends the Township Code to authorize townships to perform weed and grass cutting, trimming of trees or bushes, removal of nuisance vegetation, and maintenance of retention/detention ponds on residential properties within the township. The bill allows townships to recover the reasonable costs of these services from property owners and to place a lien on the affected real estate to secure payment.

Key provisions

  • Authority to act (a):

    • The township board may arrange for cutting weeds or grass, trimming trees or bushes, removing nuisance vegetation, or maintaining a pond on residential property within the township.
    • Action can occur no sooner than 7 days after notice to the owner or appropriate property owners association.
    • Notice delivery may be by certified mail, personal service, or by posting the notice on the property (with a date-stamped photo as proof of posting).
    • If owners refuse or neglect to perform these tasks, the township may undertake the work and seek reimbursement of reasonable costs incurred.

  • Costs and liens (b):

    • The cost of the services is a lien on the real estate, superior to all liens and encumbrances except tax liens, if:
    • Within 60 days after incurring the cost, the township or performing entity files a notice of lien with the county recorder (or registrar of titles for Torrens properties).
    • The lien statement must include:
    • A description of the property,
    • The amount of the cost,
    • The date(s) the cost was incurred.
    • The lien does not attach to purchasers whose rights arose after the work and before the lien filing, nor to mortgagees or other lienholders whose rights arose before filing.
    • Upon payment, the lien is released and may be filed of record as with a notice of lien.

  • Exclusions (c):

    • The section does not apply to nature preserves or areas designated as conservation areas.

  • Civil recovery (d):

    • In addition to liens or foreclosure actions, a township may file a civil action to recover amounts owed for services performed under subsection (a).

Affected parties and entities

  • Primary beneficiaries: Townships in Illinois, and residents/property owners in residential areas within those townships who may be subject to weed control and related maintenance on their property.
  • Other affected entities: Property owners, homeowners associations, lien holders (as potential lien creditors), and lenders (mortgagees) whose interests could be encumbered by a successful lien.
  • Municipal/County apparatus: County recorder or registrar of titles offices where liens would be filed; township authorities responsible for providing and funding the services.

Procedural and timeline aspects

  • Notice timeline: At least 7 days’ advance notice to the owner or homeowners association before work can begin.
  • Notice methods: Certified mail, personal service, or posting on the property with a date-stamped photo proof.
  • Lien filing window: Lien must be filed within 60 days of incurring the cost.
  • Priority of liens: Township liens are senior to most liens and encumbrances except tax liens; not binding on certain pre-existing purchaser rights or pre-existing mortgagee rights identified at the time of filing.
  • Enforcement options: Liens (with foreclosure potential), and civil actions to recover amounts due.

Practical implications

  • Property owners may face charges for vegetation management conducted by the township if they neglect to comply with weed or brush control or pond maintenance.
  • Townships gain a dedicated mechanism to recover costs and to ensure maintenance of residential areas, potentially improving property maintenance and reducing fire/maintenance hazards.
  • The process provides clear notice requirements and a defined filing timeline to secure payment and protect property rights in line with lien law.

Compiled from official sources — confirm details with the bill’s official record.

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