Can a local government use its demolition authority to clean up property with environmental contamination?
Yes, in 1997 Governor Edgar signed Public Act 90-393, which amends the Illinois Municipal Code to allow municipalities to remove or cause the removal of environmentally hazardous substances on, in, or under abandoned and unsafe property. It also allows the municipality to inspect the property and test for the presence or release of hazardous substances, if the municipality has evidence indicating such substances may be present. A municipality can also put a lien on the property for its costs of inspection, testing, or remediation and if, within a certain time period, the owner does not pay on its lien, the city can foreclose and take over title to the property.
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