(A) Dangerous buildings generally. It shall be unlawful for any owner or agent thereof to keep or maintain any building or structure or part thereof in any unsafe or dangerous condition. The word "building," as used in this section, shall describe any walled or roofed structure including mobile homes, commercial establishments, dwellings and any accessory structures. The provisions contained in this does not preclude the village from proceeding under provisions of Article 11, Division 31 of the Illinois Municipal Code, ILCS Ch. 65, Act 5, §§ 11-31-1 et seq.
(B) Definition of DANGEROUS BUILDINGS. For the purpose of this section, any building or structure which has any of the following defects or is in any of the conditions hereinafter described shall be deemed a DANGEROUS BUILDING and any conditions hereinafter described shall be deemed unsafe:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size, or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle, passageway, stairway or other means of exit.
(2) Whenever any portion thereof has been damaged by wind, flood, fire or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before the catastrophe and is less than the minimum requirements of this section.
(3) Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(4) Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds that is required in the case of new construction.
(5) Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, is likely to partially or completely collapse; or some portion of the foundation or underpinning is likely to fall or give away.
(6) Whenever for any reason whatsoever, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used.
(7) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play in or about the building structure to their danger.
(8) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to afford a harbor for trespassers, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts.
(9) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement is unsanitary or unfit for human habitation as defined by division (D) of this section, and is likely to work injury to the health, safety or general welfare of those living within.
(10) Whenever a building or structure is infested with rodents, insects, pests or other vermin; or is likely to cause sickness or disease when so determined by the health inspector of the Village or County Health Department or the Division of Code Enforcement.
(11) Whenever any building shall become vacant, dilapidated or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(12) Whenever any unoccupied building or structure is deemed a nuisance by division (D) and the structure or building has been secured by the owner or his agents by covering up the windows and exists with lumber or materials other than glazing materials for a period of 180 days or more, thereby causing a blighting influence on a neighborhood.
(13) All structures containing a dwelling unit where a fire is involved shall be processed with a complete housing notice letter.
(C) Enforcement power.
(1) The code official or a designate of the Mayor shall have full power to pass any question arising under the provisions of this section, subject to the conditions, modifications and limitations contained in this chapter.
(2) The code official or a designate of the Mayor is hereby authorized to demolish or repair or cause the demolition or repair of dangerous buildings or uncompleted buildings or abandoned buildings within the territorial limits of the village.
(3) The code official or a designate of the Mayor is further authorized, when removing or causing the demolition of a dangerous building, uncompleted building or abandoned building from a lot, to remove all private sidewalks, fences, concrete foundations and driveways located on the lot with such building.
(D) Notice of unsafe condition of buildings; means of service.
(1) When a building or structure within the village is found to be a "dangerous building" or contains an unsafe condition, an inspector for the Building Inspections Division and/or Code Enforcement Division shall issue and serve a notice thereof upon all owners of record or persons having an interest therein as shown by documents recorded in the Office of the County Recorder of Deeds and upon persons in apparent possession of the premises.
(2) The notice shall briefly and concisely specify the conditions and factors of the building or structure which renders it dangerous or unsafe. The notice shall further specify that the owners make the building safe (by complete elimination of any unsafe conditions) or commence demolition at owner's costs within 15 days of such notice. The notice shall further specify that:
(a) Demolition shall commence no later than 15 days of such notice; and
(b) A date for completion of demolition. The date for completion shall be reasonably set in light of the nature of the building, weather conditions, and other related factors. The 15-day time period shall commence three days after the notice is mailed or upon personal service.
(3) The notice authorized by this section shall be served by either personal service or by mail. Personal service may be made by either an inspector of the Building Inspections Division, Code Enforcement Division, or a police officer of the village.
(4) Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building, including the lienholders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed for general real estate taxes is sufficient notice under this section.
(5) In the event the owner fails to comply with any time period set forth in the notice, the corporation counsel is authorized to commence a civil action in the circuit court of the county seeking a court order authorizing demolition or repair of the building or structure subject to the notice provided by this section and to create the lien described in division (G). It shall not be a defense to this cause of action that the building is boarded up or otherwise enclosed. It further shall not be a defense that the building is put in a safe condition during the pendency of the civil action.
(6) Joined as defendants in such cause shall be the owner of record and other parties having an interest in the property as shown by documents recorded in the office of the County Recorder of Deeds on the date of the filing of the complaint for demolition.
(E) Lis pendens. Upon the commencement of the civil action set forth in division (D)(6), a lis pendens designating the property upon which the subject building is located shall be filed with the Recorder of Deeds. Failure to file or the improper filing of the lis pendens does not, however, affect the civil action for demolition. Any person obtaining or recording in such office an interest in the property after such filing may become party to the civil action only if he intervenes by order of the court.
(F) Placarding of building or structure.
(1) Whenever any dwelling or building has been designated a dangerous building or contains unsafe conditions, an inspector of the Division of Building Inspection Services and/or Code Enforcement, shall placard the building indicating that the condition is dangerous and unsafe. It shall be unlawful for any person to rent, cause to rent, to occupy or allow another to occupy any premises, knowing that such premises has been designated a dangerous building.
(2) It shall be unlawful for any person to remove, cause to remove or cover up in any way any placard designating a building or structure a "dangerous building." A violation of this section shall be punishable by a fine not less than $100 and not more than $750 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
(G) Demolition lien; personal judgment.
(1) The cost of demolition or repair incurred by the village, including court costs, attorney's fees and other costs related to the enforcement of this section is recoverable from the owner or owners of the real estate and is a lien thereon, which lien shall be superior to all prior existing liens and encumbrances, except taxes; provided, however, that within 60 days after completion of the demolition or repair, the corporation counsel shall file a notice of lien for the cost and expense incurred by the village, in the office of the Recorder of Deeds of the county. Upon payment of such cost of demolition by the owner or any person who has an interest in the property, the lien shall be released by the corporation counsel.
(2) The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics liens. Suit to foreclose this lien shall be commenced by the corporation counsel within three years after the date of filing of notice of lien.
(3) If payment of the village's cost of demolition is not paid to the village within 15 days of the filing of the notice of lien, the corporation counsel may commence proceedings in the circuit court seeking a personal judgement from the owner of the subject property at the time the complaint for demolition was filed with the circuit clerk in the amount of such costs. The action authorized by this subsection shall be in addition to, and without waiver of, any other remedies.
(H) Nuisance structures.
(1) Any unsafe, dilapidated or abandoned building, house, barn or other structure situated within the limits of the village is, and the same is hereby declared to be, a nuisance.
(2) If any such building or other structure is being constructed, altered, enlarged or repaired and the building permit issued for such building or structure expires or is revoked by the Building Official, and the owner of the building or structure fails within 30 days of the revocation or expiration to obtain a certificate of occupancy as provided by this chapter or to obtain another building permit, then that building or structure shall remain a declared nuisance.
(3) The penalty for maintaining a nuisance shall be as provided in division (F) of this section, and each and every day that such nuisance remains unabated shall constitute a new and separate offense.
(4) Any building or structure that is open at a door, window, or any other opening, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers shall be secured. If the opening is not restored to its original condition and is temporarily boarded, compliance with the following sections of the Village of Lakemoor board up specifications shall be required.
(5) The openings shall be covered completely from the exterior with a minimum of one-half-inch thick exterior grade plywood secured with screws of a minimum length of one and five-eighths inches placed a minimum of 12 inches on center around the entire perimeter of the opening being covered. The plywood shall be cut and fitted so it rest(s) tightly against the exterior frame butting up to the molding, siding, etc.
(6) The use of paneling, OSB panels, waferboard, particleboard, or similar materials are not to be used for the boarding of any structures.
(7) Nails are not approved for securing plywood to a structure. Screws shall be used per specifications.
(I) Limitations on temporary board-ups.
(1) Any building or structure that is temporarily boarded, whether in compliance with division (H)(4) above, or otherwise temporarily boarded up, may remain so boarded up for a period not to exceed 180 days; this section shall not constitute a defense for failure to comply with division (H)(4) specifications.
(2) It shall be unlawful for the owner of any building or structure that is temporarily boarded to allow said building or structure to remain boarded for more than 180 days.
(3) The owner of the building or structure that is temporarily boarded-up may apply to the Code Official, who in the case of a residential property shall refer said application to a Hearing Officer for an extension of up to 180 days of the period of board-up. Unless there is a specific finding that the need for continued board-up is not attributable to the owner of the property but rather due to circumstances beyond that property owner's control, the total of extensions may not exceed 180 days. If such a finding is made that the continued boarding is not attributable to the owner, then the total extensions shall not exceed 360 days. Extensions shall be granted for one or more of the following reasons:
(4) The boarding is necessary to continue to cover glazing material or glass, which is present such that if the boarding were removed the building or structure would not violate division (H)(4).
(5) The property is in the process of renovation and to remove the boarding after 180 days would be impractical and a hardship to the owner.
(6) There is a pending contract for the sale of said building or structure, and/or a pending contract for renovation and repair of the building or structure pending at the time that the extension is applied for.
(7) There has been an insurable loss which is still in the process of being adjusted.
(8) The penalty for violation of this section shall be a minimum fine of $100; each and every day that the violation remains unabated shall constitute a new and separate offense.
(9) It shall not be a defense to a violation of division (H) that the building or structure is open because the 180-day period provided for in this section, or any extension granted, has run and the owner is required to remove the boarding.
(10) Upon sale to a bona fide purchaser, the 180-day period provided for herein shall start anew. A bona fide purchaser is defined as a party who:
(a) Pays at least $3,000 in cash for the property in question; like-kind exchanges or trades of goods other than cash shall not qualify; and
(b) Is not an immediate family member (spouse, parent or sibling) of the seller; and
(c) Is not a business entity in which the seller has an interest either as a partner, shareholder or officer.
(11) For purposes of this section, a building shall be deemed continuously boarded up unless it is unboarded and remains unboarded for at least 30 days.
(12) The fact that a building must be unboarded to comply with this ordinance shall not be a defense to a charge of nuisance structure under division (H) of this chapter.
(Ord. 15-O-46, passed 12-17-2015)