Section 15.09.080 Condemnation measures.

A. In General. When a structure or part thereof is found by the building commissioner 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 commissioner 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 commissioner. 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 commissioner 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 in violation of this code and contrary to law.

G. Placarding of Condemned Premises. Upon the instance of the initiation of an injunction involving a condemnation action, the building commissioner 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 Commissioner of the City of Columbia, Illinois" and may contain such other information or instructions as the building commissioner 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 commissioner shall serve written notice of condemnation upon the occupant of the subject building or part thereof ordering the condemned premises to be vacated.

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 a condemnation action the building commissioner 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 commissioner 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, which lien may be foreclosed in a manner similar to the foreclosure of real estate liens in real estate mortgage foreclosure actions or actions to foreclose mechanic’s liens in the state of Illinois. (Ord. 1686 § 1 (part), 1998)

(Ord. 2381, Added, 07/18/2005, Repealed the Rental Property Maintenance Code and enacted a Residential Property Maintenance Code., Prior Text)