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A. If a residential or commercial building is three stories or less in height as defined by Title 13 of the municipal code, and the building commissioner determines that the building is open and vacant and an immediate and continuing hazard to the community in which the building is located, then the building commissioner shall be authorized to post a notice of not less than two feet by two feet 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.
Not later than 30 days following the posting of the notice, the department of buildings shall do the following:
(1) Cause to be sent, by certified mail, return receipt requested, a notice 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 department of buildings 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 or lienholders of record.
(2) Cause to be published, in a newspaper published in the City of Chicago, a notice setting forth (i) the address of the building or description of the real estate sufficient for its identification, (ii) a statement that the property is open and vacant and constitutes an immediate and continuing hazard to the community, and (iii) a statement that the department of buildings 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 consecutive days.
(3) Cause to be filed in the office of the recorder of deeds and registrar of titles, a notice setting forth (i) the address of the building or a description of the real estate sufficient for its identification; and (ii) a statement that the department of buildings has initiated an action under Chapter 13-9 of this Code to cause the demolition, repair or enclosure of the building or the removal of garbage, debris or other hazardous, noxious, or unhealthy substances or materials located on the property if the owner or owners or lienholders of record fail to do so.
A person objecting to the proposed actions of the department of buildings may file his or her objection in an appropriate form in a court of competent jurisdiction.
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 30 days of mailing the notice described in subsection (A)(1) of this section or within 30 days of the last day of publication of the notice, whichever is later, the department of buildings shall cause to be sent, by mail, a final determination to the owners of record, the beneficial owners of any Illinois land trust having title to the property, and all lien holders of record in the property, which provides notice that the department of buildings has determined that the necessary demolition, repair, enclosure or removal action has not been taken and that the building remains open and vacant and an immediate and continuing hazard to the community in which the building is located. The final determination shall include a statement that, unless a hearing is sought under this chapter before a court of competent jurisdiction to object to the proposed actions of the department of buildings and a copy of the complaint served on the mayor within ten days of the mailing of the final determination, the department of buildings intends to exercise its power to demolish, repair, or enclose the buildings, or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials.
The department of buildings 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 120 day period following the date of the mailing of the notice described in subsection (A)(1) of this section if the building commissioner determines that the demolition, repair, enclosure, 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 building commissioner proceeds with any of the actions authorized by this chapter, any person has sought a hearing under this chapter before a court and has served a copy of the complaint on the mayor, then the city shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris, or other substances until the court determines that action is necessary to remedy the hazard and issues an order authorizing the city to do so.
Following the demolition, repair, or enclosure of a building, or removal of garbage, debris, or other hazardous, noxious, or unhealthy substances or materials under this subsection, the city may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure, or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, in the office of the recorder of deeds and registrar of titles. The notice of lien shall consist of a sworn statement setting forth (i) a description of the real estate, such as the address or other description of the property, sufficient for its identification; (ii) the expenses incurred by the city in undertaking the remedial actions authorized by this chapter; (iii) the date or dates that the expenses were incurred by the building commissioner or his designee; (iv) a statement by the building commissioner that the building was open and vacant and constituted an immediate and continuing hazard to the community; (v) a statement by the building commissioner 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 (vi) a statement as to when and where the notice was published. The lien authorized by this chapter may thereafter be released or enforced by the city as provided in 65 ILCS 5/11-31-1(c), previously codified as Illinois Revised Statutes, Ch. 24, Par. 11-31-1(c).
B. For purposes of this chapter, the following terms shall be construed as follows:
“Residential building” shall include buildings of three stories or less in height where the whole building or parts thereof are designed or used as residential units or auxiliary uses to a residential unit, as those terms are defined in Chapter 13-56 of this Code.
“Commercial building” shall include buildings of three stories or less in height, other than residential buildings, where the whole building or parts thereof are designed or used as business units, mercantile units, or assembly units, as those terms are defined in Chapter 13-56 of this Code, provided, however, that “commercial building” shall not include any building used entirely as a church, school, library, museum, armory, courtroom or open air assembly unit. “Commercial building” shall also include any other building where the whole building or parts thereof are designed or used for commercial purposes, including but not limited to, a gas filling station, parking facility, parking garage, or motor vehicle repair shop.
“Vacant” means lacking of habitual presence of human beings who have legal right to be on the premises or substantially devoid of content. In determining whether a building or part thereof is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building or floor to the occupied space, the condition and value of any items in the building and the presence of rental signs on the property.
(Added Coun. J. 3-8-93, p. 29377; Amend Coun. J. 7-29-98, p. 74835, § 1)
Notes
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(A) For purposes of this section, the following definitions shall apply:
Commissioner shall refer to the commissioner of streets and sanitation.
Garage shall refer to any stand-alone building, structure, premises, or enclosure within the city, designed primarily for the housing, parking or storage of five or fewer motor vehicles.
Public safety threat shall refer to a garage in a condition that presents an actual and imminent danger to the public. Such condition may result from, but is not limited to, structural defects, deterioration, or rat or other vermin harborage.
(B) Whenever in the judgment of the commissioner, a garage is a public safety threat, the commissioner is authorized to order the garage to be demolished in accordance with the procedures set forth in subsection (C) of this section.
(C) Before the commissioner orders the demolition of a garage that is a public safety threat, the following procedures shall apply:
(1) The commissioner shall first seek to obtain an affidavit from the owner of the garage, authorizing the city to demolish the garage.
(2) In the event that the affidavit specified in subsection (C)(1) of this section cannot be obtained, the commissioner shall, if possible, provide notice to the owner of the garage by certified mail that the garage will be demolished within three days, excluding Saturdays, Sundays and legal holidays, unless the owner corrects the conditions creating the public safety threat or seeks a hearing from the city's department of administrative hearings. In addition to providing such mailed notice if mailed notice is possible, the commissioner shall cause the posting of a notice on the garage that the garage will be demolished within three days, excluding Saturdays, Sundays and legal holidays, unless the owner corrects the conditions creating the public safety threat or seeks a hearing from the city's department of administrative hearings. Such posted notice shall be not less than two feet by two feet in size.
(D) In the event that the owner of the garage fails to correct the conditions creating the public safety threat or fails to seek a hearing within three days, excluding Saturdays, Sundays and legal holidays, or the provision of notice provided for in subsection (C)(2) of this section, the commissioner or his designee may provide for the immediate demolition of the garage.
(E) A garage owner seeking a hearing must submit to the commissioner a timely written request for a hearing to be conducted by the city's department of administrative hearings. Such request shall be deemed effective when received by the commissioner. Upon receipt of a timely request for a hearing, the city shall institute an action with the department of administrative hearings, which shall appoint an administrative law officer to conduct the hearing. If, after the hearing, the administrative law officer determines by a preponderance of the evidence that the garage does constitute a public safety threat, the administrative law officer shall enter an order affirming the determination of the commissioner. If, after the hearing, the administrative law officer determines by a preponderance of the evidence that the garage does not constitute a public safety threat, the administrative law officer shall enter an order reversing the determination of the commissioner. If the owner of the garage requests a hearing but fails to appear at the hearing or fails to request a hearing in a timely manner, the owner shall be deemed to have waived his or her right to a hearing and an administrative law officer of the department of administrative hearings may enter a default order in favor of the city. In the event that an administrative law officer affirms the determination of the commissioner, the department of streets and sanitation or its agents or contractors may enter or access the property and abate the public safety threat by demolishing the garage in question.
(F) The amount of any fine issued under Section 2-14-100, the cost of the demolition, and the costs of bringing condemnation proceedings under this section, including inspector's and attorney's fees, shall be recoverable from the owner or owners and shall be a lien on the property upon which the garage is or was located and shall also be enforceable against any person against whom the order issues as provided by law. Any lien created under this section may, upon a showing of good cause, be waived by the corporation counsel. No license shall be issued relating to the property subject to such lien until the lien is satisfied or, upon a showing of good cause, the lien is waived by the corporation counsel. Nothing in this section shall prevent the city from seeking other remedies for code violations through the use of any other administrative procedure or court proceeding, including the imposition of fines set forth in Section 13-12-040 for violations of the building code.
(Added Coun. J. 4-12-00, p. 29468, § 1; Amend Coun. J. 12-8-04, p. 38063, § 1)