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DANGEROUS BUILDING: Includes:
1. Any building, shed, fence or other manmade structure which is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures.
2. Any building, shed, fence or other manmade structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard.
3. Any building, shed, fence or other manmade structure which, by reason of faulty construction, age, lack of proper repair or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.
4. Any building, shed, fence or other manmade structure which, because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
B. Nuisance Declared: Any dangerous building in the City is hereby declared to be a nuisance. (Ord. 5167, 8-31-1987)
C. Maintaining Nuisance Prohibited: It shall be unlawful to maintain or permit the existence of any dangerous building in the City, and it shall be unlawful for a record owner, occupant or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. Any person convicted of a violation of this subsection shall, upon conviction, be punished by imposition of a fine as provided in Section 1-4-1 of this Code. Every day a building shall be maintained or permitted to exist in a dangerous condition shall constitute a separate offense. (Ord. 5167, 8-31-1987; amd. 1999 Code)
D. Notice To Abate: Whenever the Director of the Division of Building and Housing is of the opinion, based upon a viewing of the premises, that any building or structure in the City is a dangerous building, he may cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by registered mail or personal service. Such notice shall state that the building has been declared to be in a dangerous condition, that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and that the condition must be remedied at once. Such notice may be in the following form:
To . . . (owner-occupant of the premises) of the premises known and described as . . . You are hereby notified that (described building) on the premises above described has been condemned as a nuisance and a dangerous building after inspection by . . .
The causes for this decision are (here insert the facts as to the dangerous condition).
You must remedy this condition or demolish the building immediately, or the City will proceed to do so.
You may also be subject to a fine as provided in Section 1-4-1 of the City Code per day for each day the building has been or shall remain in dangerous condition.
If the person receiving the notice has not complied therewith within thirty (30) days from the time when this notice is served upon such person by personal service or by registered mail, the director of the division of building and housing or other offices of the city directed by the mayor and city council may proceed to remedy the condition or demolish the dangerous building. (Ord. 5167, 8-31-1987; amd. Ord. 5503, 12-19-1990; 1999 Code)
E. Posting Of Notice When Owner Unknown: If the owner of the premises concerned is unknown, or if his address is unknown, service of any notice provided for in this section may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper published within the city.
F. Order Demolition Or Repair; Lien: In addition to the actions authorized by other subsections of this section, the city officials may proceed under the provisions of 65 Illinois Compiled Statutes 5/11-31-1, which authorizes the demolition or repair of unsafe and dangerous buildings or uncompleted and abandoned building by applying to the circuit court for an order for the owners to do so and which authorizes a lien when the city is compelled to take action. The city officials may also proceed under the provisions of 65 Illinois Compiled Statutes 5/11-31-2, which authorizes an injunction to require compliance with building, fire, health and safety standards. (Ord. 5167, 8-31-1987)