Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation either personally or by certified mail, they shall be subject to prosecution in accordance with Subsection 15.01.190 of this chapter, Subsection 8.12.200(B) of this code and 65 Illinois Compiled Statutes 5/11-20-7. Upon failure to comply with the notice of violation, any duly authorized employee of the Village or contractor hired by the Village shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
A. Definition; Removal Required. Any structure or premises that is, or hereafter becomes, unsanitary, deficient in exit facilities, a fire hazard, deficient in structural stability; or an attractive nuisance, or that is otherwise dangerous to human life, safety, or the public welfare (such conditions hereinafter collectively referred to as unsafe) is deemed an unsafe structure or premises. Every unsafe structure must be taken down and removed, in whole or in part, or made safe and secure, as the building official deems necessary or as provided in this title. A vacant structure with unguarded or open doors, windows, or other openings and accessible to the general public and animal intrusion is an attractive nuisance, a fire hazard, and unsafe within the meaning of this section.
B. Examination of Unsafe Structures and Premises. The building official will examine every structure and premises reported as unsafe and will prepare a report of his or her findings.
C. Notice of Unsafe Conditions. If an unsafe condition is found in a structure or premises, then the building official will serve written notice on the owner, the owner’s agent, or the person in control of the structure or premises, describing the unsafe conditions found and specifying the required repairs, improvements, or actions to be taken to render the structure or premises safe or secured, or requiring the unsafe structure or portion thereof to be demolished, or such other action as is necessary to remove the hazard within a stipulated time. Such notice must require the person thus notified to declare, to the building official, his or her acceptance or rejection of the terms of the notice.
D. Restoration Of Unsafe Structure. An unsafe structure may be restored to a safe condition. If the cost of the repairs or reconstruction necessary to put the structure into a safe condition is estimated by the building official to exceed 50% of the fair market value of the structure in its un-restored condition, then the structure must be made to comply in all respects with the provisions of this title, the Beach Park Zoning Regulations, and all other applicable codes and ordinances for the construction of a new structure, including without limitation the installation of fire and life safety systems required pursuant to this title.
E. Posting Unsafe Notice. If the owner, owner’s agent, or person in control of the unsafe structure or premises cannot be found, then the notice of unsafe condition will be sent by registered or certified mail to the last known address of one of those persons and a copy of such notice will be posted in a conspicuous place on the structure or premises.
F. Disregard Of Unsafe Notice. After refusal or neglect of the person served with a notice of unsafe condition to comply with the requirements of the notice to abate the unsafe condition, the Village may institute the appropriate legal action to compel compliance with the order. (Ord. 2023-O-8)