(A) This chapter is intended as, and is in the exercise of certain powers and functions pertaining to the government and affairs of the city.
(B) Buildings that are indefinitely vacant or in a state of disrepair or boarded are public nuisances in that they contribute to the decrease in value of surrounding properties, precipitate disinvestment by neighboring owners, provide a location for criminal activity, undermine the aesthetic character of the neighborhood and city, and have other undesirable effects.
(C) Vacant buildings, especially those which remain boarded for more than three months, are unsightly and diminish neighboring-property values and neighbors’ sense of well-being and are a public nuisance.
(D) Allowing certain buildings to remain indefinitely vacant even in the absence of code violations or boarding is detrimental to the public health, safety and welfare; unreasonably interferes with the reasonable and lawful use and enjoyment of other premises within the neighborhood; may pose an extraordinary danger to police officers or firefighters entering the premises in time of emergency; and detracts from the appearance and good order of the neighborhood; all of which are especially associated with such buildings which have been vacant for over two years.
(E) Registration of vacant properties and implementation of a maintenance plan will discourage property owners from allowing their properties to remain indefinitely vacant or in a state of disrepair and will thereby provide a basis for the return of vacant properties to the housing stock.
(F) The city has the authority to regulate the maintenance of properties and buildings within the city in order to protect the public health, safety and welfare of its citizens.
(G) The definition, prohibition and abatement of public nuisances pertain to the government and affairs of the city.
(H) The city has statutory power to define, prohibit and abate public nuisances pursuant to 65 ILCS 5/11-60-2 of the Illinois Municipal Code.
(I) The City Council adopts the “broken window” concept among the rational for this chapter. The “broken window” concept is that one broken window, left unrepaired, leads to more broken windows as it gives the appearance that no one cares or protects the property; that the building becomes increasingly more deteriorated, and that the deterioration may have a ripple effect.
(I) The abatement of nuisances caused by vacant buildings, repair and rehabilitation of vacant properties and their subsequent occupancy is in the best interests of the citizens of the city.
(J) An ordinance providing for the declaration of certain boarded and/or vacant buildings as a public nuisance and providing for their abatement is a means for the city to use in maintaining sanitation and health standards, preventing crime and avoiding fire, health, and safety hazards and minimizing or eliminating the effect such buildings have on the personal and economic well-being of the neighborhood.
(K) Various state statutes authorize the city to provide for the removal of certain nuisances from private properties within the city, including cutting and removal of neglected weeds, grass, trees and bushes, 65 ILCS 5/11-20-7, pest control activities, 65 ILCS 5/11-20-8, removal of infected trees, 65 ILCS 5/11-20-12, removal of garbage, debris and graffiti, 65 ILCS 5/11-13, and removal, securing and enclosing abandoned residential properties, 65 ILCS 5/11-20-15.1.
(L) The city incurs costs in abating these nuisances by performing property maintenance activities on these properties.
(M) Section 11-20-15 of the Illinois Municipal Code, 65 ILCS 5/11-20-15, authorizes municipalities to record traditional liens against a property for these nuisance abatement and property maintenance costs.
(N) The Illinois General Assembly recently adopted 65 ILCS 5/11-20-15.1, effective 3-1-2010, authorizing municipalities to record “priority liens” against abandoned residential properties for costs incurred in certain property maintenance activities that would be senior to all other liens with the exception of tax liens.
(O) The corporate authorities of the city deem it to be in the interest of the public health, safety and welfare of the residents of the city to set forth specific registration requirements for vacant buildings, as well as a procedure for liens regarding property maintenance activities.
(Prior Code, § 165.01) (Ord. 11-141, passed 8-23-2011)