A PROTECTIVE WHAT? (ORDINANCE)

By JOHN M. COSTABILE, City Clerk, Chicago Heights

You just bought a parcel of property with a clear title and are about to connect into a sewer or water line and find out you owe the original developer, (who had the municipality pass a protective ordinance) your proportionate share of construction costs. Why the surprise?

Ordinances such as these function legally as unrecorded liens. The proper way in this writer's opinion to prepare a protective ordinance is to include the legal description of each property affected, it's tax index number, and the amount due, which may now include interest, when the parcel is developed. Also attached should be a map, the engineer's estimate of construction costs and copies of paid bills if available to substantiate construction costs. Note that I am not suggesting that a protective ordinance is the proper way to have improvements installed or am I saying that bad "boiler plate" (ill prepared prior ordinance format) has been followed in doing all protective ordinances, but if a lien is worth doing, it should be done well enough to be recorded and eliminate any future collection from being discretionary.

Future also brings to mind the last item that should be included in this ordinance for it to remain valid. A copy of the names and addresses of the parties to be paid should be recorded and updated by recording if changed, otherwise proper notice to the party and municipality with no response should render the protective ordinance invalid. Unless of course the ordinance calls for the right to funds to go to the municipality if the owner cannot be found by an attached owners authorization. Liens such as water and board up require prior notice and must be recorded before purchase to affect title. Why the surprise for protective ordinances? •

Page 14 / Illinois Municipal Review / October 1991