(A) When a building within the city is found to be in a dangerous and unsafe condition, the Community Development Department shall proceed to give notice to the persons entitled thereto and in the manner provided in ILCS Ch. 65, Act 5, §§ 11-31-1 et seq.
(B) The Community Development Department may grant reasonable extensions to the deadline established in the notice referred to in division (A) above. Each extension shall not exceed 30 calendar days, and in no case shall the total of extensions granted exceed 120 days. Extensions shall only be granted if the following information is provided to and approved by the Department:
(1) If not already available to the city, the name, address and telephone number of the owner, local agent or representative and any persons with legal interests in the property, building and premises;
(2) A written plan of action to repair any doors, windows or other openings that are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type;
(3) A time schedule shall be submitted identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and other identified deficiency noted in the notice referred to in division (A) above;
(4) When the owner proposes to demolish the building or structure, then the owner shall submit a plan and time schedule for the demolition;
(5) A plan of action describing how the owner intends to maintain the building and premises thereof in conformance with this subchapter; and
(6) Each time an owner requests a time extension, the items of divisions (B)(1) through (5) above must be updated by the owner and approved by the Department prior to time extension approval.
(C) Abatement by city. Upon refusal or neglect to comply with the notice the Department shall apply to the Knox County Ninth Judicial Circuit Court or to the city’s administrative adjudication court for an order authorizing action be taken with respect to a building.
(D) Statement of cost. The actual costs of demolition, removal of garbage, debris, and other noxious or unhealthy substances and materials, repair, or enclosure pursuant to a court order, the cost, including court costs, attorney’s fees, and other costs related to the enforcement of this section shall be billed to the owner or owners of record listed on the City Assessor’s records. A statement for the costs shall be served either personally or by regular mail and must include:
(1) Identify the property where the violation occurred sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred or payable for the service;
(3) The date or dates when the cost or expenses were incurred by the city or one acting under its direction or control; and
(4) An explanation that if the bill is not paid in full within 30 days, a late fee will be added to the bill and the city will prepare and file a lien.
(E) Lien. If the costs are not paid within 30 calendar days of the mailing of the statement, the Department shall proceed to perfect and enforce a lien upon the real estate affected, as provided in § 11-31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended.
(F) Release of lien. Upon full payment of the cost or expenses associated with the lien by the tax bill owner, agent or responsible party or person interested in the property, after notice of lien has been filed, the lien release document will be provided by the city to the responsible party so the release may be filed of record by the responsible party as in the case of filing notice of lien by the city.
(G) Foreclosure. A lien under this section may be enforced by proceedings to foreclose as in the of mortgages or mechanic’s liens and may be commenced at any time after the date of filing of the notice of lien. The costs of foreclosure incurred by the municipality, including court costs, reasonable attorney’s fees, advances to preserve the property, and other costs related to the enforcement of this division (G), plus statutory interest, are a lien on the real estate and are recoverable by the municipality from the owner or owners of the real estate, as provided in § 11-31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended.
(H) Abandoned property. In addition to any other remedy provided by law, the Department may petition the circuit court to have property declared abandoned as provided in § 11-31-1 of the Illinois Municipal Code (ILCS Ch. 65, Act 5, § 11-31-1) as now in force and hereafter amended, if:
(1) The property has been tax delinquent for two or more years or bills for water service for the property have been outstanding for two or more years;
(2) The property is unoccupied by persons legally in possession; and
(3) The property contains a dangerous or unsafe building for reasons specified in the petition.
(a) All persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, shall be named as defendants in the petition and shall be served with process.
(b) If the municipality proves that the property is an Abandoned Property and (i) if neither the owner of record nor the owner of the beneficial interest of the trust enters an appearance, or (ii) if the owner of record or the beneficiary of a land trust, enters an appearance and specifically waives his or her rights, the court shall declare the property abandoned.
(c) If that determination is made, notice shall be sent in person or by certified or registered mail to all persons having an interest of record in the property, including tax purchasers and beneficial owners of any Illinois land trust having title to the property, stating that title to the property will be transferred to the municipality unless, within 30 days of the notice, the owner of record or any other person having an interest in the property files with the court a request to demolish the dangerous or unsafe building or to put the building in safe condition, or unless the owner of record enters an appearance and proves that the owner does not intend to abandon the property.
(d) If the owner of record has not entered an appearance and proven that the owner did not intend to abandon the property, and if no person with an interest in the property files a timely request or if the requesting party fails to demolish the building or put the building in safe condition within the time specified by the court, the Department may petition the court to issue a judicial deed for the property to the municipality. A conveyance by judicial deed shall operate to extinguish all existing ownership interests in, liens on, and other interest in the property, including tax liens, and shall extinguish the rights and interests of any and all holders of a bona fide certificate of purchase of the property for delinquent taxes.
(Ord. 22-3670, passed 5-4-2022)