(A) (1) Any dangerous building in the City is hereby declared to be a nuisance.
(2) It shall be unlawful to maintain or permit the existence of any dangerous building in the City; and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.
(B) The term DANGEROUS BUILDING as used in this Ordinance is hereby defined to mean and include:
(1) Any building, shed, fence, or other man-made structure that is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of the occupants of it or of neighboring structures;
(2) Any building, shed, fence, or other man-made structure, which, because of faulty construction, age, lack of proper repair, or any other cause, is especially liable to fire and constitutes or creates a fire hazard;
(3) Any building, shed, fence, or other man-made structure, which, by reason of faulty construction, age, lack of proper repair, or any other cause is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such a structure;
(4) Any building, shed, fence, or other man-made structure, which, because of its condition or because of lack of doors, windows, walls, or other defects is available to and frequented by minors, trespassers, malefactors, disorderly persons, or other persons who are not lawful occupants of such structure;
(5) Any building, shed, fence, or other man-made structure, which, by reason of faulty construction, age, lack of proper repair, or any other cause does not meet State or Local Building Codes, Electrical Codes, Plumbing Codes, Fire Codes, or other health and safety codes.
(C) (1) Whenever the Building Official or any person designated by him, upon inspection of any building or structure in the City shall determine that such building or structure in the City is a dangerous building, he shall thereupon post a Notice upon the building condemning the building and shall cause written Notice to be served upon the owner thereof and upon the occupant thereof, if any, by registered or certified mail to the last-known address or by personal service. The date of service of Notice by mail shall be the date on which the Notice is mailed. The Notice shall indicate that the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied immediately and without delay.
(2) No person shall remove, alter, or deface any Notice required to be posted pursuant to this Ordinance. If the Notice given hereunder has not complied with within ten (10) days from the date when the Notice is served, the City may proceed to remedy the condition or demolish the dangerous building; except specifically otherwise provided herein, the City may demolish, repair, or cause the demolition or repair of a dangerous and dilapidated building as provided within 65 ILCS 5/11-31-1.
(D) Notwithstanding any other provision herein, the City Manager may declare a specific structure to be a nuisance constituting an eminent danger to health, safety, and life and authorize by summary action demolition of such structure. The City shall recover its expenses arising from such summary demolition as provided herein.
(E) (1) If a structure constitutes a dangerous and dilapidated building as defined within Paragraph (B)(4) above, the Building Official may upon the written request of the owner permit the temporary boarding up of said structure subject to the following provisions:
(a) No structure shall be boarded up for a period in excess of ninety (90) days from date of service of the Notice. Within said 90-day period, the owner shall repair the structure and bring said structure into full compliance with City Ordinances and Building Codes or the owner shall demolish the structure.
(b) All exterior openings in a building structure larger than one square inch in size must be covered with a minimum of one-half inch thick exterior grade plywood, masonite, or equivalent strength sheet-like material that is rated and labeled for use in direct contact with weather. Fastening devices may be nails or screws not less than one and one-half inch in length and shall not be spaced more than six inches apart around the perimeter of each sheet of material.
(c) The boarding up of a building shall not be a defense to a demolition proceeding, nor may the Court order a dangerous or dilapidated building boarded up. The boarding up of a building shall be an admission by the owner or occupant that the building or structure is a dangerous or dilapidated building.
(2) Upon the Building Official determining that it is necessary to immediately remedy a dangerous condition arising from a dangerous and dilapidated building as defined in Paragraph (B)(4) above, the Building Official with or without notice may cause a structure to be boarded up through any available public agency or by contract or arrangement with private persons; and all associated direct costs thereof shall be assessed against the owner of the structure and shall be charged against the real estate upon which the structure is situated and shall be a lien upon such real estate.
(F) (1) Any building or structure which has or may be damaged by fire, decay, or other cause to the extent of fifty percent (50%) of its value, shall be torn down and removed. Upon determination by the Fire Chief or Building Official that a building or structure has been damaged to the extent of fifty percent (50%) of its value, a Notice shall be served upon the owner of the premises by personal service or by registered or certified mail to his last-known address. Such Notice shall notify the owner that the building has been damaged by fire, decay, or other cause to the extent of fifty percent (50%) of its value and that the building must be demolished within 10 days from date of this Notice and that the building must be immediately vacated and not occupied. It shall be unlawful for any person to occupy or to permit such building to be occupied after service of Notice. This Subsection shall not be a limitation upon any other provision of the Section herein.
(2) If the Notice given herein has not been complied with within 10 days from the date when the Notice is served, the City may proceed to demolish the building in the same manner as provided for the demolition of a dangerous building.
(G) In addition to the actions authorized by other sections of this Ordinance, the Chief of the Fire Department, or any other municipal officer whose duty it is to investigate fires, may make the investigation authorized by statute found in the Fire Investigation Act, 425 ILCS 25/0.01 et seq. If such officer shall find that any building or structure is so occupied or situated as to endanger persons or property, or by reason of faulty construction, age, lack of repair, or for any cause is especially liable to fire, or is liable to cause injury by collapsing or otherwise, he shall order the dangerous situation removed or remedied, and shall so notify the owner or occupant of the premises. Service of such notice may be in person or by registered or certified mail to the last-known address, and any person so notified may appeal from the decision of such officer in the manner provided by law.
(H) Any person, firm, or corporation violating any provision of this Ordinance, or permitting any dangerous building, or any building or structure, to remain in a dangerous condition, or to remain after it has been damaged to the extent of fifty percent (50%) of its value, shall be fined as provided in this Ordinance for each offense; and a separate offense shall be deemed committed on each day during or on which the violation occurs or continues.
(Prior Code, Art. 5, § 5.10)