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A. Conditions: If any building or structure has become dangerous to life, limb or property or to the public because of structural defects, deterioration, or damage, or has become so unsanitary or out of repair as to render the same unsafe and unfit for occupancy or human habitation, it shall be deemed a nuisance, and the director of building and zoning, if and when he shall find any such conditions exist, shall declare such building or other structure a nuisance and shall condemn the same, and no person: firm or corporation shall occupy, rent, lease or use such building or other structure with or without compensation. The violations of the provisions of this section shall constitute a misdemeanor, and any person, firm or corporation found guilty of a violation thereof shall be subject to a fine in the manner and amount as provided by section 1-4-1 of the village code.
B. Notice of Unsafe Building or Condemnation - Notices and Orders: Whenever the director of building and zoning shall condemn and declare any building or other structure to be a nuisance because of dangerous or unsanitary condition thereof, he shall cause a notice in writing to be served upon the owner or owners, upon the tenant and occupant thereof, if any, and upon the holder or holders of any encumbrances or general tax lien thereof, if any, ordering and directing said building or other structure to be put in a safe or sanitary condition or be demolished and removed. Service of said notice may be effected by personal delivery thereof, or by mailing a copy thereof by registered mail directed to the person involved, at his last address known to the director of building and zoning or available to him upon examination of the records of the county treasurer and county clerk of DuPage or Kane County, Illinois, and by posting a copy thereof upon the premises subject to such condemnation.
C. Notice of Unsafe Building or Condemnation - Notices and Orders Method of Service: Such service shall be deemed to be properly served upon such owner if a copy thereof is delivered to the owner personally; or by leaving the notice at the usual place of abode, in the presence of someone in the family of the age of 13 years or upwards, who shall be informed of the contents thereof, provided that the person making service shall also mail a copy of the notice with postage fully prepaid, addressed to the owner at his or her usual place of abode; or by certified or registered mail addressed to the owner at the last known address with return receipt requested; or if the certified or registered letter is returned with receipt showing that it has not been delivered, by posting a copy thereof in a conspicuous place in or about the structure affected by such notice, or at least one publication of such notice in a local newspaper of general circulation.
D. Reconstruction or Removal: Rebuilding, restoration or removal must begin within five (5) days of condemnation notice. Any building or structure condemned and declared to be a nuisance by the director of building and zoning shall be put in a safe or sanitary condition or be demolished and removed. Within five (5) days after the service of notice in the manner and form provided, to make such building or structure safe or sanitary or to remove and demolish the same, the owner or owners or the party or patties interested therein shall proceed to begin the work of making said building or structure safe or sanitary or the work of removing and demolishing the same and shall prosecute said work continuously without unnecessary delay to a completion thereof; provided, however, that should the owner or person in possession of said building or structure deem himself aggrieved by any direction to repair or remove such building or other structure alleged by the director of building and zoning to be a nuisance, he shall, within a period of five (5) days after the giving of the notice, have the right to appeal in writing from the judgment of the director of building and zoning to the zoning board of appeals, which board shall make the investigation and report its findings to the village board. If in the judgment of the village board upon consideration of the report of the zoning board of appeals, said building or structure is unsafe or unsanitary and should be declared a nuisance, it shall order the owner or other person in possession thereof to forthwith begin the work of making safe or sanitary or of demolishing and removing said building or structure. After demolition, the premises shall be maintained free from all unsafe and hazardous conditions. Removal of all underground and in-ground structures is required. Restoration of established grades is required to insure proper lot drainage in compliance with village engineering regulations.
E. Noncompliance with Notice of Unsafe Buildings: Upon the failure of the owners of said building or other structure, or the party or parties interested therein, within five (5) days after the service of the notice to begin the work of making safe or sanitary or of removing and demolishing said building or other structure, or upon the failure of the owner or owners or the party or parties interested therein after beginning such work to proceed continuously without unnecessary delay to completion thereof, the village may take any action at law or in equity to restrain the use of such structure, or may proceed against the owner or any person in possession of the same in a penal action before the Village of Wayne Administrative Adjudication Court or the 1 8th Circuit Court for the violation(s) of the provisions of this ordinance. The village may also, in its discretion, cause the said structure to be secured to prevent access, cleaned of unsanitary conditions detrimental to the public, or removed in its entirety after the failure, within the time hereinabove provided for, to restore the same to a safe condition.
F. Failure to Comply with Demolition Order: Whenever the owner of a property fails to comply with a demolition order within the time period prescribed, the director of building and zoning shall immediately report such failure to comply to the corporate authorities. The corporate authorities may demolish, or cause the demolition of dangerous and unsafe buildings or uncompleted and abandoned buildings within the village by applying to the 18th Circuit Court for an order authorizing such action to be taken with respect to any such building if the owner or owners thereof, including the lien holders of record) after at least 15 days written notice by mail to do so, have failed to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building including the lien holders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed is sufficient notice under this subsection. The cost of such demolition incurred by the Village of Wayne, including court costs, attorneys' fees and other costs related to the enforcement of this subsection is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes. Within sixty (60) days after such demolition, the Village of Wayne shall file notice of lien of such cost and expense incurred in the office of the county recorder. The notice must consist of a sworn statement setting out (1) a description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred, and (3) the date or dates when the cost and expense was incurred by the Village or by the lien holder of record. Upon payment of the cost and expense by the owner or persons interested in the property after notice of lien has been filed, the lien shall be released by the Village and the release may be filed of record as in the case of filing a notice of lien. Where the dangerous condition of a structure is deemed by the corporate authorities, upon recommendation of the code official to constitute an imminent and immediate danger to human life, the Village may promptly raze or remove said structure or a portion thereof which has been deemed to cause such a danger in accord with applicable laws and procedures. (Ord. 20-02, 4-12-2020)