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Any person affected by any notice or order relating to the condemning and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing before the Board of Trustees on the matter within 15 days after the date of such order and placarding.
(Prior Code, § 15.04.140)
A dwelling which is subject to condemnation and placarding as unfit for human habitation may be ordered demolished by the Building Inspector if it is determined by the inspector that such defects upon which the condemnation order is based cannot be economically remedied. Demolition, according to requirements listed in § 150.64, may be required of the owner within a reasonable period of time, said period of time to be not fewer than 60 days after notice is served on said owner. Such demolition shall have the effect of fulfilling the requirements of removing defects if the dwelling structure is razed to ground level and any subsurface area is filled with solid materials to ground level.
(Prior Code, § 15.04.150)
A dwelling which has been condemned as unfit for human habitation and ordered demolished, and which has not been demolished by the owner within the time specified in such demolition order, may be demolished at the expense of the owner according to the following procedure.
(A) In accordance with the provisions of 65 ILCS 5/11-31-1, and amendments thereto, the corporate authorities shall apply to the circuit court of the county for an order authorizing the demolition of said dwelling or building as unfit for human habitation, after at least 30 days written notice has been served on the owner and the owner has failed to comply with said notice. Service of all notices shall be made on the owner or owners if possible, but where, after diligent search, the identity or whereabouts of the owners or owner of such buildings are not ascertainable, notice mailed to the person or persons in whose name the real estate was last assessed shall constitute notice under this section.
(B) After order of demolition is entered in the circuit court of the county, the corporate authorities shall then proceed to demolish the building or dwelling as follows:
(1) At least two bids shall be secured upon the cost of demolition of the said building or dwelling and a contract shall be awarded to the lowest bidder;
(2) The payment of the contract shall be from the General Fund of the village;
(3) The cost of demolition of the building shall be recoverable from the owner or owners of such real estate, and shall be a lien thereon, which lien shall be subordinated to all prior liens and encumbrances; provided that, within 60 days after the cost and expense are incurred, the municipality or person performing the service by authority of the municipality, shall file notice of the lien in the office of the recorder of deeds of the county. The notice shall consist of a sworn statement setting out the following:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money, cost, or expense payable for the demolition; and
(c) The date or dates when said cost or expense was incurred by the municipality.
(4) Upon the payment of the cost or expense by the owner or owners interested in the property after notice of lien has been filed, the lien shall be released by the municipality or person in whose name the lien has been filed. The lien may be enforced by proceedings to foreclose, as in the case of mortgages or mechanic’s liens. Suit to foreclose the lien shall be made within three years after date of filing of notice of lien.
(Prior Code, § 15.04.160)
(A) Any person violating any provision of this chapter for which no specific penalty is provided shall be subject to § 10.99 of this code of ordinances.
(B) Any person who violates any provision of § 150.46 of this chapter shall be subject to a fine of $200. Each day that a property remains in violations shall constitute a separation violation.
(Ord. 18-O-16, passed 6-5-2018)