Chapter 15.20 DANGEROUS BUILDINGS
Section 15.20.040 Abatement of open and vacant dangerous buildings posing an immediate and continuing hazard to the community.
A. Notice. Pursuant to 65 ILCS 5/11-31-1(e),
whenever the building inspector, fire marshal
or health officer shall be of the opinion that a residential building two stories or less in height
is a
dangerous building, and furthermore is a building which is open and vacant, and which poses an
immediate and continuing hazard to the community requiring expedited demolition of the
building or removal of the hazard, he shall file a written statement to this effect with the city
clerk. The clerk shall thereupon cause the following notices to be carried out as soon as practical:
1. A notice not less than two feet
by two feet in size shall be posted on the front of the
building, dated the date of the posting, stating that: (a) the building has been declared in a
dangerous condition and an immediate and continuing hazard to the community; (b) the reason
the dangerous condition is declared; and (c) that unless the dangerous building is demolished or
the dangerous condition otherwise remedied by the owner or owners or lienhold-ers of record,
same will be performed by the city, at the owner or owners' expense;
2. As soon as practical, and not later
than thirty (30) days after posting of notice on the
premises, a written notice shall be sent, by certified mail, return receipt requested, to all owners
of record of the property, the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating the intent of the city to demolish
the dangerous building, or otherwise remedy the dangerous condition, if action is not taken by
the owner or owners. Such notice may be in the following terms:
To
(owner/lien
holder) of the premises known and described as .
You are hereby notified that (describe
building) on the premises above mentioned has been
condemned as a nuisance, a dangerous building, and an immediate and continuing hazard to the
community by
.
The causes for this decision are (insert facts as to dangerous
condition). You must remedy this condition or demolish the building immediately, or the City
will do so, at the owner or owners' expense.
3. As soon as practical, and not later
than thirty (30) days after posting of notice on the
premises, a published notice shall be made in the newspaper published or circulated in the city
for three consecutive days, setting forth: (a) the permanent tax index number and address of the
building; (b) a statement that the property is open and vacant and constitutes an immediate and
continuing hazard to the community; and (c) a statement of the city's intention to demolish the
dangerous building or, if appropriate under the circumstances, correct the dangerous condition, if
the owner or owners or lienholders of record fail to do so.
A person objecting to the proposed actions of the city may
file his or her objection in an
appropriate form in a court of competent jurisdiction.
B. City May Demolish the Dangerous
Building or Remedy the Dangerous Condition
Without Court Order. If the owner or owners of the dangerous building have not demolished
same, or otherwise corrected the dangerous condition within thirty (30) days of the mailing of
notice to the owners of record, the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, or within thirty (30) days of the last day
of
publication of the notice, whichever is later, the city shall have the power to demolish the
dangerous building, or otherwise correct the dangerous condition, at the expense of the owner or
owners.
C. City's Costs Recoverable by Lien.
The city's costs of demolition of the dangerous building
or repair of the dangerous condition is recoverable by property lien, to be filed within one
hundred eighty (180) days after the remedial action. (Amended during 1997 codification: prior
code § 5-2-4)
15.20.040