(A) Any dwelling or dwelling unit which is found to have any of the following defects shall be condemned as unfit for human habitation and shall so be designated and placarded by the Building Inspector:
(1) One which is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin infested as to create a serious hazard to the health or safety of the occupants thereof or of the public;
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect
the health or safely of the occupants thereof or of the public where the facilities or protection are not in good working condition; or
(3) One which, because of its general location, is unsanitary, unsafe or otherwise hazardous to the health or safety of the occupants thereof or of the public.
(B) (1) Any dwelling unit condemned as unfit for human habitation and so designated and placarded by the Building Inspector shall be vacated within a reasonable time not to exceed 60 days, as ordered by the Building Inspector. No such dwelling unit shall again be used for human habitation until the defects or defects upon which the condemnation and placarding were based have been eliminated and written approval has been secured from and the placard removed by the Building Inspector.
(2) No persons shall deface or remove the placard from any condemned dwelling or dwelling unit except as provided in this section.
(C) Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing before the Village Board on the matter within 15 days after the date of the order and placarding.
(D) A dwelling condemned as unfit for human habitation may be ordered demolished by the Building Inspector if it is determined by the Building Inspector that the defects in the dwelling cannot be economically remedied. Any dwelling so demolished shall be razed to ground level and any subsurface area shall be filled with fill dirt to ground level.
(E) Where a dwelling condemned as unfit for human habitation and ordered demolished is not demolished by the owner within a reasonable time, which period of time to be not less than 30 days after notice is served on the owner, the dwelling may be demolished at the expense of the owner according to the following procedure:
(1) In accordance with the provisions of Ill. Rev. Stat. Chapter 24, Article 23, § 70-2, the corporate authorities shall apply to the Circuit Court of the county, for an order authorizing the demolition of the dwelling or building as unfit for human habitation, after at least 30 days’ written notice has been served on the owner and the owner has failed to comply with the notice. Service of all notices shall be made on the owner or owners if possible, but where after diligent search the identity or whereabouts of the owner or owners of the buildings shall not be ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed shall constitute notice under this section.
(2) After order of demolition is entered in the circuit court of the county, the corporate authorities shall then proceed to demolish the building or dwelling as follows.
(a) At least two bids shall be secured upon the cost of demolition of the building or dwelling and a contract shall be awarded to the lowest bidder.
(b) The payment of the contract shall be from the General Fund of the village.
(c) The cost of demolition of the building shall be recoverable from the owner or owners of the real estate, and shall be a lien thereon, which lien shall be subordinated to all prior liens encumbrances; provided, that, within 60 days after the cost and expense is incurred, the municipality, or person performing the service by authority of the municipality, shall file notice of the lien in the office of the Recorder of Deeds of the county, which notice to consist of a sworn statement setting out:
1. A description of the real estate sufficient for identification thereof;
2. The amount of money, cost or expense payable for the demolition; and
3. Date or dates when the cost or expense was incurred by the municipality.
(d) Upon the payment of the cost or expense by the owner or owners interested in the properly after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanic’s liens. Suit to foreclose the lien shall be made within three years after date of filing of notice of the lien.
(Ord. passed 9-10-1962)