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If, after 15 days from the date of mailing the notice authorized by Section 14A-3-301.3, the owner has failed to put the premises in a safe condition, to demolish, repair, or enclose the building or structure, and to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises, as specified in the notice, the building official or fire code official may request that the Corporation Counsel apply to the Circuit Court of Cook County for an order authorizing the City to demolish, repair, or enclose the structure or to remove garbage, debris, and other hazardous, noxious, or unhealthy substances or materials from the premises or requiring the owner to perform these actions. The Corporation Counsel may initiate a court action to obtain the appropriate orders in the Circuit Court of Cook County irrespective of whether notice has been previously sent.
Any owner who fails to take the action demanded in the notice must also be fined in accordance with Section 14A-3-302 for each day from the 16th day after the notice has been given until the premises has been brought into compliance. If court action is initiated by the Corporation Counsel without prior notice as described in Section 14A-3-312.4, the fine will be imposed beginning on the 16th day after the summons is served on the owner.
The following buildings and structures are declared to be public nuisances subject to abatement proceedings under Section 14A-3-313:
1. A building or structure found to be vacant and open after the effective date of an order to secure and enclose issued by a court of competent jurisdiction or the Department of Administrative Hearings within the previous 12 months, unless stayed by a court of competent jurisdiction.
2. A building or structure found to contain any violation of the Chicago Construction Codes or Chicago Zoning Ordinance that is imminently dangerous and hazardous.
3. A building or structure for which the costs of repair necessary to bring the building or structure into compliance with applicable laws would exceed the market value of the building or structure after repair, or where the owner cannot show that the owner has readily-available and sufficient assets to make the necessary repairs, or where necessary repairs otherwise are economically infeasible.
4. A building or structure where the owner has failed to correct violations of the Municipal Code that form the basis of an order or judgment involving that building or structure, issued by a court of competent jurisdiction or a hearing officer of the Department of Administrative Hearings, within 60 days of entry, unless such order or judgment has been stayed by a court of competent jurisdiction.
5. A building or structure that is vacant and that has been in violation of any requirement under Chapter 12 of the Minimum Requirements for Existing Buildings for a continuous period of 365 days or more.
6. A building containing at least one commercial storefront that is vacant and that has been in violation of any requirement under Chapter 12 of the Minimum Requirements for Existing Buildings for a continuous period of 365 days or more.
(Amend Coun. J. 4-21-21, p. 29948, § 8; Amend Coun. J. 6-12-24, p. 13412, Art. II, § 4)
Where the building official determines that a building or structure is a public nuisance, the building official is directed to notify the Corporation Counsel. The Corporation Counsel is authorized to bring an action in a court of competent jurisdiction to abate a public nuisance as described in Section 14A-3-313.1 by attempting to serve a complaint on all owners of record, beneficial owners of any Illinois land trust having title to the property, and all lienholders of record in the property, including persons owning certificates of purchase under the Property Tax Code.
(Amend Coun. J. 7-24-19, p. 3646, § 17)
If the court finds that the City has established by a preponderance of the evidence that the building or structure identified in the notice is a public nuisance as described in Section 14A-3-313.1, the court must enter an order of abatement requiring the owner, within a time frame specified in the order, to take all reasonable measures necessary to abate the public nuisance. The court’s order of abatement may include, but is not limited to: correcting all code violations; altering, repairing, or improving the building or structure, rendering the building or structure fit for human use or habitation; vacating or enclosing the building or structure; or demolishing the building or structure. The court may also appoint a receiver; authorize a lienholder to take possession of the property to abate the nuisance; or, if requested by the Corporation Counsel and reasonable in light of the magnitude of the harm caused or which can reasonably be expected to be caused by the nuisance, the market value of the property in its current condition, and the extent to which the owner has failed to take effective measures to abate the nuisance, the assignment to the City or to a third party designated by the City or forfeiture to the City of all of the defendants’ rights, title, and interest in the real estate.
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