(A) Notice.
(1) Whenever the President and Board of Trustees of the village is of the opinion, based upon a viewing of the premises by the President, a Trustee or any official of the village charged with enforcement of building or zoning and an oral or written report to the President and Board of Trustees, that any building or structure in the village is a dangerous building, they may by resolution direct the Village Clerk to cause written notice to be served upon the owner thereof and upon the occupant thereof, if any, by certified mail, registered mail or personal service.
(2) Where, upon diligent search, the identity or whereabouts of the owner or owners of the building, including the lien holders of record, is not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed is sufficient notice under this section.
(3) Notice by certified or regular mail pursuant to this section shall be accomplished if the village receives a return receipt from the addressee or if the certified or regular mailing is returned “unclaimed” or “refused”.
(4) Such notice shall state that the building has been declared to be in a dangerous condition, 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 at once.
(5) Such notice may be, but is not required to be, in the following form:
To (owner-occupant of the premises) of the premises known and described as . You are hereby notified that, pursuant to Ordinance No. , “An Ordinance Relating to Dangerous Buildings”, your building located at the above-described premises has been condemned as a nuisance and a dangerous building after inspection by . |
The causes for this decision are (here insert the facts as to the dangerous condition) . You have 15 days from the date of service of this notice (which, in the case that this notice was mailed by certified or registered mail, is the date the notice was mailed) to remedy this condition or demolish the building immediately or the village will proceed to take legal action to do so. You may also be subject to a fine of not less than $250 per day nor more than $750 per day for each day the building has been or shall remain in dangerous condition pursuant to village ordinance. In addition, the village may further avail itself of all of the remedies set forth in § 11-31-1 of the Illinois Municipal Code. |
(B) Unknown address of owner. If the owner of the premises concerned is unknown or if his or her address is unknown, service of any notice provided for in this subchapter may be made by posting a copy thereof on the premises and by publishing one time a copy thereof in a newspaper of general circulation within the village.
(C) Remedy of condition.
(1) If the person receiving such notice has not complied therewith within 15 days from the time when the notice is served upon such person by personal service, certified mail or posting and publication, the Zoning Administrator or other officer of the village directed by the President and Board of Trustees, may proceed to remedy the condition or demolish the dangerous building by filing a lawsuit in the Circuit Court seeking any or all remedies available under § 11-31-3 of the Illinois Municipal Code, including, but not limited to, the following:
(a) For an order authorizing action to be taken by the village with respect to a building, including, but not limited to, action to demolish, repair or enclose the building or to remove garbage, debris, and other hazardous, noxious or unhealthy substances or materials from the building, if the owner or owners of the building, including the lienholders of record, after at least 15 days’ written notice by mail so to do, have failed to put the building in a safe condition or to demolish it;
(b) A fine as set forth in § 151.99 of this chapter;
(c) An order requiring the owner or owners of record to demolish, repair or enclose the building or to remove garbage, debris and other hazardous, noxious or unhealthy substances or materials from the building; and
(d) A judgement against the owner or other person causing the dangerous condition for the payment of the village’s costs and reasonable attorneys’ fees in connection with the village’s enforcement of this subchapter.
(2) It shall not be a defense to an action brought pursuant to this subchapter that the building is boarded up or otherwise enclosed, although the Court may order the defendant to have the building boarded up or otherwise enclosed.
(D) Additional remedies. In addition to the actions authorized by this subchapter, the village officials may proceed under any and all of the provisions of the Illinois Municipal Code, including § 11-31-1, which authorizes imposition of a lien when the village is compelled to take action; and § 11-31-2, which authorizes an injunction to require compliance with building, fire, health and safety standards.
(Prior Code, § 93.003) (Ord. 98-016, passed 4-20-1998)