Section 15.09.080 Condemnation measures.
Prior to the adoption of Ord. 2381 on 07/18/2005, Section 15.09.080 read as follows.
A. In General. When a structure or
part thereof is found by the building inspector to be
unsafe, or when a structure or part thereof is found unfit for human occupancy or use, or is found
unlawful, such structure may be closed from human use and occupancy by the building inspector
pursuant to the condemnation provisions of this code and Illinois state law and shall be
placarded, vacated and shall not be reoccupied without approval of the building inspector.
Unsafe equipment shall be placarded and placed out of service.
B. Unsafe Structures--Defined. An
unsafe structure is one in which all or part thereof is
found to be dangerous to life, health, property, or the safety of the public or the occupants of the
structure by not providing minimum safeguards for protection from fire or because such structure
contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe, or of such
faulty construction or unstable foundation that partial or complete collapse is likely.
C. Unsafe Equipment--Defined. Unsafe
equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable liquid containers or other
equipment on the premises or within the structure which is in such disrepair or condition that
such equipment is a hazard to life, health, property or safety of the public or occupants of the
premises or structure.
D. Structure Unfit for Human Occupancy--Defined.
A structure is unfit for human
occupancy or use whenever the building inspector finds that such structure is unsafe, unlawful,
or because of the degree in which the structure is in disrepair or lacks maintenance, is unsanitary,
vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required by the city codes and
ordinances.
E. Unlawful Structure Defined. An
unlawful structure is one found in whole or in part to be
occupied by more persons than permitted under this code, or was erected, altered or occupied
contrary to law.
F. Notice and Service of Violation
Orders--Condemnation. Notice and service of violation
orders shall have been as specified by subsection E of Section 15.09.070 of this code.
G. Placarding of Condemned Premises.
Upon the instance of the initiation of an injunction
involving a condemnation action, the building inspector shall placard the subject premises of the
condemnation action; the premises shall be posted at the location specified by subsection I of
Section 15.09.070 of this code.
The notice of condemnation shall be at least nine inches
in height and fourteen (14) inches in
width and at the top thereof in large letters shall state "Notice of Violation, Condemned as Unfit
for Human Occupancy or Use by Order of the Building Inspector of the City of Columbia,
Illinois" and may contain such other information or instructions as the building inspector deems
necessary in the interest of the public health, safety and welfare.
H. Prohibited Use. Any person who
shall occupy a condemned and placarded premises or
structure or part thereof, or shall use placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy such a placarded premises shall be
liable for the penalties provided by this code.
I. Service on Occupant. Upon the instance
of the initiation of a condemnation action, the
building inspector shall serve written notice of condemnation upon the occupant of the subject
building or part thereof ordering the condemned premises to be vacated.
1. If the occupant is other than the
owner or person responsible for remedying the
objectionable condition, a reasonable time to vacate the premises after noncompliance shall be
stated.
2. Owners or persons responsible for
compliance shall vacate the premises at the time stated
in the notice of violation for correction of the defects if there is failure to comply.
J. Penalties. Penalties for noncompliance
with orders and notices to vacate shall be as
prescribed in subsection D of section 15.09.070 of this code.
K. Closing of Vacant Structures--Temporary
Measures. If a structure or a part thereof is
vacant and unfit for human habitation, occupancy or use and is not in danger of structural
collapse, upon the instance of condemnation action the building inspector shall proceed to
placard the premises in the manner prescribed above and may order the structure closed up as a
temporary measure so as not to be an attractive nuisance to youngsters. Upon failure of the owner
to so close up the premises within the time specified in the order, the building inspector may
cause the premises to be so closed through any available public agency or by contract or
arrangement by private persons and the cost thereof shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real estate. (Ord. 1686 § 1 (part),
1998)
15.09.080