The city may use this section to expedite the removal of certain buildings that are a continuing hazard to the community. (Ord. 06-2011, 6-27-2011)
A. Notice Posted On Property: If a residential or commercial building is three (3) stories or less in height as defined by the city building code, and the zoning division determines that the building is open and vacant and an immediate and continuing hazard to the community, then the zoning division shall be authorized to post a notice not less than two feet by two feet (2'x2') in size on the front of the building. The notice shall be dated as of the date of the posting and shall state that unless the building is demolished, repaired, or enclosed, and unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed so that an immediate and continuing hazard to the community no longer exists, then the building may be demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials may be removed by the city. (Ord. 06-2011, 6-27-2011; amd. 2017 Code)
B. Other Notices: Not later than thirty (30) days following the posting of the notice, the city shall do all of the following:
1. Cause to be sent, by certified mail, return receipt requested, a notice to remediate 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, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious or unhealthy substances or materials if that action is not taken by the owner or owners. (Ord. 06-2011, 6-27-2011)
2. Cause to be published in a newspaper published or circulated in the city a notice setting forth: a) the permanent tax index number and the 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 that the city intends to demolish, repair, or enclose the building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for three (3) consecutive days. (Ord. 06-2011, 6-27-2011; amd. 2017 Code)
3. Cause to be recorded the notice to remediate mailed under subsection B1 of this section in the county recorder's office.
C. Objections: Any person or persons with a current legal or equitable interest in the property objecting to the proposed actions of the corporate authorities may file his or her objection in an appropriate form in the county circuit court. (Ord. 06-2011, 6-27-2011)
D. Action By City:
1. If the building is not demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed within thirty (30) days of mailing the 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 publication of the notice or within thirty (30) days of the last day of publication of the notice, whichever is later, the corporate authorities shall have the power to demolish, repair, or enclose the building or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials.
2. The city may proceed to demolish, repair, or enclose a building or remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this subsection within a one hundred twenty (120) day period following the date of the mailing of the notice if the zoning division determines that the demolition, repair, or enclosure of a building, or removal of any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuing hazard. If, however, before the city proceeds with any of the actions authorized by this subsection, any person with a legal or equitable interest in the property has sought a hearing before a court and has served a copy of the complaint on the mayor of the city, then the city shall not proceed with the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other substances until the court determines that that action is necessary to remedy the hazard and issues an order authorizing the city to do so. If the court dismisses the action for want of prosecution, the city must send the objector a copy of the dismissal order and a letter stating that the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other substances will proceed unless, within thirty (30) days after the copy of the order and the letter are mailed, the objector moves to vacate the dismissal and serves a copy of the motion on the mayor of the city. Notwithstanding any other law to the contrary, if the objector does not file a motion and give the required notice, if the motion is denied by the court, or if the action is again dismissed for want of prosecution, then the dismissal is with prejudice, and the demolition, repair, enclosure, or removal may proceed forthwith.
E. Lien Provisions: Following the demolition, repair, or enclosure of a building, or the removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials hereunder, the city may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within one hundred eighty (180) days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, in the county recorder's office. This lien has priority over the interests of those parties named in the notice to remediate mailed under subsection B1 of this section, but not over the interests of third party purchasers or encumbrances for value who obtained their interests in the property before obtaining actual or constructive notice of the lien. The notice of lien shall consist of a sworn statement setting forth: 1) a description of the real estate, such as the address or other description of the property, sufficient for its identification; 2) the expenses incurred by the city in undertaking the remedial actions authorized hereunder; 3) the date or dates the expenses were incurred by the city; 4) a statement by the zoning division that the building was open and vacant and constituted an immediate and continuing hazard to the community; 5) a statement by the zoning division that the required sign was posted on the building, that notice was sent by certified mail to the owners of record, and that notice was published in accordance with this subsection; and 6) a statement as to when and where the notice was published. The lien authorized by this subsection may thereafter be released or enforced by the city as provided hereinabove. (Ord. 06-2011, 6-27-2011; amd. 2017 Code)