(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS BUILDINGS. Includes all of the following:
(a) Any building, shed, fence, or other manmade structure which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or neighboring structures;
(b) Any building, shed, fence, or other manmade 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;
(c) Any building, shed, fence, or other manmade structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of the structure; and
(d) Any building, shed, fence, or other manmade structure which, because of its condition or because of lack of doors or windows, is available to and frequented by malefactors or disorderly persons who are not lawful occupants of the structure.
(B) Declared nuisance. Any dangerous building in the Village is hereby declared to be a nuisance.
(C) Maintenance, occupancy prohibited. It shall be unlawful for any person to maintain or permit the existence of any dangerous building in the Village. 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 the building or permit it to be occupied while it is or remains in a dangerous condition.
(D) Abatement generally. Whenever the Building Official is of an opinion that any building or structure in the Village is a dangerous building, he or she shall file a written statement to this effect with the Village Clerk or shall perform or initiate the functions of the Clerk specified in this division, as determined by the Village Board of Trustees. The Clerk shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by registered mail or by personal service.
(1) This notice shall state that the building has been declared to be in a dangerous condition, and that the 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.
(2) This notice may be in the following terms:
“To [owner-occupant of premises] of the premises known and described as .
You are hereby notified that [describe building] on the premises above mentioned 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 must remedy this condition or demolish the building immediately, or the will proceed to do so.”
(E) Court procedures.
(1) The local governing body pursuing this action shall apply to the Circuit Court of the county in which the building is located for an order authorizing the action to be taken with respect to the building if the owner or owners thereof, including the lien holders 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. It is not a defense to this cause of action that the building is boarded up or otherwise enclosed, nor may the court order the building boarded up or otherwise enclosed. 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. The hearing upon the application to the Circuit Court shall be expedited by the court and shall be given precedence over all other suits.
(2) The cost of the demolition or repair incurred by the local government applicant or by a lien holder of record is recoverable from the owner or owners of the real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes: provided that, within 180 days after the repair or demolition, the local government or the lien holder of record that incurred the cost and expense shall file notice of lien of the cost and expense incurred in the office of the Recorder of Deeds in the county in which the real estate is located or in the office of the Registrar of Titles of that county if the real estate affected is registered under the Torrens system.
(3) The notice must consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred; and
(c) The date or dates when the cost and expense was incurred by the local government or by the lien holder of record.
(4) Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the local government or person in whose name the lien has been filed and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics’ liens. A suit to foreclose this lien must be commenced within 3 years after the date of filing notice of lien.
(F) Buildings within fire limits. Any building or structure within the fire limits of the Village which has deteriorated or has been damaged by fire, decay, or other causes to the extent of 50% of its value, shall be torn down or removed or rebuilt with nonflammable walls.
(1) Upon written notice by the Building Official that any building or structure has deteriorated or has been damaged to the extent of 50% of its value, filed with the Village Clerk, the Village Clerk shall notify the President of the receipt of that notice; provided, that, as determined by the Village Board of Trustees, the functions of the Clerk and the President under this division may be performed by the Building Official and the chief executive officer of the county, respectively. The President shall then appoint 3 persons to determine whether or not the building or structure has deteriorated or has been damaged to the extent of 50% of its value.
(2) A copy of the notice of the appointment of this board of 3 persons to determine the deterioration or damage shall be served upon the owner of the premises by personal service or by registered mail at his or her last known address. This notice shall be in substantially the following form:
“To :
You are hereby notified that has determined that the building owned by you located within the fire limits of the Village has deteriorated or has been damaged by fire, decay or otherwise to the extent of 50% of its value, and that a board of 3 persons has been appointed to verify this finding, which board will hold its first meeting in
Room in the Village Hall on the day of at the hour of o’clock, at which time it will determine whether or not this finding is correct.
If this finding is verified by the board, you must tear down or remove the building, or rebuild it with nonflammable walls.”
(3) If the board of 3 members designated in this division determines that the building in question has deteriorated or has been damaged to the extent of 50% of its value, it shall be the duty of the owner thereof to tear down and remove the building within 20 days after the finding of the Board, or to remodel it to comply with the requirements of new buildings in the fire limits.
(Prior Code, § 5-5) Penalty, see § 10.99
Statutory reference:
Similar provisions, see ILCS Ch. 65, Act 5, §§ 11-8-3 and 11-31-1