10-10-2: PURPOSE AND SCOPE:

   A.   Purpose: It is the purpose of this chapter to provide a method, cumulative with and in addition to any other remedy available to the village, whereby buildings or structures which, from any cause, endanger the health, safety or welfare of the general public or the occupants thereof, may be demolished, repaired, or enclosed or where any dangerous substance or material therein may be removed.

   B.   Scope: The provisions of this chapter shall apply to all "dangerous buildings", as defined in section 10-10-3 of this chapter, which are now in existence or which may hereafter become dangerous in the village. (Ord. 1420, 3-19-2007)

10-10-3: DEFINITION:

For the purpose of this chapter, any building or structure which has any of the conditions or defects hereinafter described shall be deemed to be a "dangerous building"; provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered:

   A.   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.

   B.   Any walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

   C.   The stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one-half (11/2) times the working stress or stresses allowed in the building regulations for new buildings of similar structure, purpose or location.

   D.   Any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the building regulations for new buildings of similar structure, purpose or location.

   E.   Any portion or member or appurtenance thereof is likely to fall, or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

   F.   Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof, is not of sufficient strength or stability, or is not so anchored, attached or fastened in place, so as to be capable of resisting wind pressure of one-half (1/2) of that specified in the building regulations for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the building regulations for such buildings.

   G.   Any portion of a building or structure has racked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.

   H.   The building or structure, or any portion thereof, because of: 1) dilapidation, deterioration or decay; 2) faulty construction; 3) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; 4) the deterioration, decay or inadequacy of its foundation; or 5) any other cause, is likely to partially or completely collapse.

   I.   The building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

   J.   The exterior walls or other vertical structural members list, lean or buckle to such an extent that a plum line passing through the center of gravity does not fall inside the middle one-third (1/3) of the base.

   K.   Any building or structure, exclusive of the foundation, which shows damage or deterioration of its supporting member or members, or damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.

   L.   Any building or structure which has become: 1) an attractive nuisance to children; 2) a harbor for vagrants, criminals or immoral persons; or which 3) enables persons to resort therein for the purpose of committing unlawful or immoral acts. (Ord. 1420, 3-19-2007)

   M.   Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the village, as specified in the building regulations, or of any law or ordinance of this state or the village relating to the condition, location or structure of buildings. (Ord. 1420, 3-19-2007; amd. 2011 Code)

   N.   Any building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.

   O.   Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard.

   P.   Any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence.

   Q.   Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or whenever any building or structure is abandoned for a period in excess of six (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (Ord. 1420, 3-19-2007)

   R.   Any building or structure which qualifies as an "unsafe structure" under section 116.1 of the international building code, 2009 edition. (Ord. 1420, 3-19-2007; amd. 2011 Code)

10-10-4: NUISANCE DECLARED; ABATEMENT:

All buildings, or portions thereof, which are determined, after inspection by the building official, to be dangerous, as defined in this chapter, are hereby declared to be public nuisances and shall be abated by demolition, repair, enclosure or removal. (Ord. 1420, 3-19-2007)

10-10-5: NOTICES AND ORDERS:

Whenever the building official has found and determined that any building is a dangerous building, he shall commence proceedings to cause the dangerous building to be demolished, repaired or enclosed and to cause the removal of garbage, debris and other hazardous or noxious or unhealthy substances or materials from said building. The building official shall issue notice as set forth in section 11-31-1 of the Illinois municipal code, as amended from time to time, which shall provide the owner or owners of the building, including lienholders of record, at least fifteen (15) days to put the building in a safe condition or demolish it. (Ord. 1420, 3-19-2007)

10-10-6: ALTERATIONS, ADDITIONS AND REPAIRS:

All buildings or structures which are required to be repaired under the provisions of this chapter shall be subject to the provisions of the building regulations of the village contained in chapters 2, 3, 4, 5, 6 and 8 of this title. (Ord. 1420, 3-19-2007)

10-10-7: INSPECTION OF WORK:

All buildings or structures within the scope of this chapter and all construction or work for which a permit is required shall be subject to inspection by the building official in accordance with, and in the manner provided by, this chapter and by the provisions of chapters 2, 3, 4, 5, 6 and 8 of this title. (Ord. 1420, 3-19-2007)

10-10-8: ENFORCEMENT:

   A.   Enforcement Official: The building official is hereby authorized to enforce the provisions of this chapter.

   B.   Inspections: The building official and necessary assistants and specialists appointed by him, including realtors, structural engineers, and building contractors, are hereby authorized to make such inspections and take such actions as may be required to enforce the provisions of this chapter. (Ord. 1420, 3-19-2007)

   C.   Right Of Entry: Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the building official or his authorized representatives have reasonable cause to believe that there exists in any building or upon any premises any condition or building regulations violation which makes such building or premises unsafe, dangerous or hazardous, the building official or his authorized representatives may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the building official by this chapter; provided, that if such building or premises be occupied, he shall first identify himself or herself and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representatives shall have recourse to every remedy provided by law to secure entry. (Ord. 1420, 3-19-2007; amd. 2011 Code)