(A) Nuisances declared. In addition to nuisances set forth elsewhere in the Village Code, the following buildings and structures are hereby declared to be public nuisances subject to abatement proceedings under this section:
(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 that contains any violation of a health, fire, electrical, plumbing, building or zoning provision of this Code which is dangerous and hazardous;
(3) A building or structure for which the costs of the repairs necessary to bring the building or structure into compliance with applicable laws would exceed the market value of the building or structure after the repairs would have been made, or when the owner cannot show that it has readily available and sufficient assets to make such repairs or where such repairs otherwise are economically infeasible;
(4) A building or structure where a defendant has failed to comply with any order issued by a court of competent jurisdiction or a hearing officer of the Department of Administrative hearings, including, but not limited to, compliance with any requirement in § 150.031, by the end of the 60-day period following the date the order was issued or by such later date that is specified in the order, unless the order has been stayed by a court of competent jurisdiction; or
(B) Abatement procedure.
(1) Whenever an inspection by the Community Development Department reveals that a building or structure is a public nuisance as described in this section, the Director of Community Development, with the concurrence of the corporation counsel, may initiate an administrative adjudication abatement proceeding in accordance with Chapter 39 of the Village Code by serving a notice of violation or notice of hearing on all owners of record, beneficial owners of any Illinois land trust having title to the property, and all lien holders of record in the property, in person or, if the entity being served is a corporation, partnership, limited liability company or Illinois land trust, either in person or by certified mail, return receipt requested as set forth in § 39.07. As used in this section, LIEN HOLDERS OF RECORD includes persons owning certificates of purchase under the Property Tax Code (35 ILCS 200/1-1 et seq.). The notice shall:
(a) Be in writing;
(b) Include a description of the building or structure sufficient for identification;
(c) State that the building or structure has been declared a public nuisance and that an abatement proceeding has been initiated pursuant to this section;
(d) State that a hearing will be held before the administrative adjudication hearings officer of the village (Village Hearing Officer) and further setting forth the date, time and location of the hearing; and
(e) State that all owners of record, beneficial owners of any Illinois land trust having title to the property, and all lien holders of record in the property shall be given the opportunity to appear and present evidence at the hearing to contest the determination that the building or structure is a public nuisance.
(2) If, after notice and hearing provided in this section, a Village Hearing Officer finds that the Village has established by a preponderance of the evidence that the building or structure identified in the notice is a public nuisance as described in this section, the Hearing Officer shall enter an order of abatement which requires the owner or owners of record, including beneficial owners of any Illinois land trust, within the time frame specified in the order, to take all reasonable measures necessary to abate the public nuisance. The Hearing Officer’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; removing or demolishing the building or structure; hiring a property manager or hiring a receiver appointed by the Hearing Officer with powers specified in the order of abatement; compliance with the requirements of §§ 150.031 and 150.032; or, if requested by the Village Attorney 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 defendant has failed to take effective measures to abate the nuisance, the assignment to the Village or a third party designated by the Village or forfeiture to the Village of all of the defendant’s rights, title and interest in the real estate.
(3) Any person who fails to comply with a Hearing Officer’s abatement order issued under this section shall be subject to the penalties set forth in § 39.99. In addition, upon the failure to comply with the Hearing Officer’s order, unless stayed by a court of competent jurisdiction, the Community Development Department, with the concurrence of the Village Attorney, may seek an order from a Hearing Officer authorizing the Director of Community Development to repair, alter, improve, vacate, close, remove or demolish, the building or structure as specified in the Hearing Officer’s order.
(C) Abatement action in court. The Village Attorney is authorized to bring an action in a court of competent jurisdiction to abate a public nuisance described in this section. If the court finds that the Village has established by a preponderance of the evidence that the building or structure identified in the notice is a public nuisance as described in this section, the court shall enter an order of abatement which requires the owner or owners of record, including beneficial owners of any Illinois land trust, within the 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; removing or demolishing the building or structure; the appointment of a receiver; compliance with the requirements of §§ 150.031 and 150.032; or, if requested by the Village Attorney 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 defendant has failed to take effective measures to abate the nuisance, the assignment to the Village or to a third party designated by the Village or forfeiture to the Village of all of the defendant’s rights, title and interest in the real estate.
(D) In lieu of the foregoing procedure, the Village may instead proceed to abate any public nuisance existing at a property and to subsequently lien the property pursuant to the procedures set forth in §§ 92.22 and 92.23 of this Code, where applicable, or to pursue any other abatement procedure or remedy set forth in this Code or available under Illinois law.
(Ord. CO-09-18, passed 3-17-2009; Am. Ord. CO-2012-08, passed 2-21-2012; Am. Ord. CO-2016-15, passed 7-26-2016)