Gilberts — Title 9 Ch. 6 Art. A Dangerous, Unsafe Structures § 9-6A-3
Costs and lien
Operative Text
A. The cost of demolition or repair incurred by the village pursuant to the provisions of this article is recoverable with interest at the judgment rate from the owner of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided, that within 180 days after such repair or demolition, the village board shall file notice of lien of such costs and expense incurred in the office of the county recorder of deeds. The notice must consist of a sworn statement setting out: 1. A description of the real estate sufficient for identification thereof; 2. The amount of money representing the cost and expense incurred; and 3. The date or dates when the cost and expense was incurred by the village. B. Upon payment of the cost and expense by the owner or other person(s) interested in the property after notice of lien has been filed, the lien shall be released by the village, and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages' or mechanics' liens. Suit to foreclose this lien may be commenced any time after the date of filing the notice of lien.
Under Gilberts Title 9 Ch. 6 Art. A § 9-6A-3, when the village spends money to repair or demolish a dangerous or unsafe structure, it can recover those costs—plus interest at the judgment rate—from the property owner. The village secures this recovery by placing a lien on the property that takes priority over most other existing liens and encumbrances, with the exception of taxes. To establish the lien, the village must file a sworn notice with the county recorder of deeds within 180 days of completing the work, and the lien can ultimately be enforced through foreclosure proceedings similar to those used for mortgages or mechanics' liens.
Plain English — not legal advice.
Property owners subject to Gilberts Title 9 Ch. 6 Art. A § 9-6A-3 should be aware that if the village steps in to repair or demolish a structure on their behalf, the resulting costs become a high-priority lien against the property. Operators who address code violations proactively—before the village intervenes—avoid the risk of a lien that can accrue interest at the judgment rate and potentially lead to foreclosure. Once a lien is filed with the county recorder of deeds, paying the full cost and expense is the path to obtaining a formal release, which can then be recorded to clear the title.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in properties subject to village-ordered repair or demolition under Gilberts Title 9 Ch. 6 Art. A § 9-6A-3 should understand that this provision primarily governs the financial relationship between the village and the property owner, not tenant rights directly. However, knowing that the village has enforcement tools—including the ability to place a superior lien on the property and pursue foreclosure—can be relevant context when a landlord fails to maintain a safe structure. Tenants who believe their housing is unsafe may wish to contact the village, review local housing complaint procedures, or consult a tenant-rights organization to understand what options may be available.
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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