CHAPTER 150

BUILDINGS

 

Dangerous Buildings

150.01   Definitions

150.02   Demolition or repair; lien

150.03   Buildings damaged by fire or decay within city fire limits

150.04   Copy of notice to be posted on premises if owner unknown

150.05   Alternative action

150.06   Other abatement remedies

150.07   Violation of provisions prohibited

 

DANGEROUS BUILDINGS

 

§ 150.01  DEFINITIONS.

 

For the purpose of this subchapter the following definition shall apply unless the context clearly indicates or requires a different meaning.

 

DANGEROUS BUILDING.   As used in this section is defined to mean and include:

  1. Any building, shed, fence, or other man-made structure which 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 other cause, is especially liable to fire, 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 other cause, is especially liable to cause injury or damage by collapsing or by a collapse or a fall of any part of such a structure; or

  4. Any building, shed, fence, or other man-made 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 such structure.

§ 150.02  DEMOLITION OR REPAIR; LIEN.

  1. The city may demolish, repair, or cause the demolition or repair of dangerous or unsafe buildings or uncompleted or abandoned buildings within the city limits. No building may be boarded up or otherwise enclosed. The City Council shall direct the City Attorney to apply to the county circuit court for an order authorizing such action to be taken with respect to any building if the owner thereof, including the lien holders of record, after at least fifteen (15) days written notice by mail to do so, have failed to put such building in a safe condition to demolish it. It is not a defense to such cause of action that the building is boarded up or otherwise enclosed nor may the court order such a building boarded up or otherwise enclosed.

  2. Where, upon diligent search, the identity or whereabouts of the owner of any such building including the lien holders of record is not ascertainable, notice mailed to the person in whose name such real estate was last assessed is sufficient notice under this section.

  3. The cost of such demolition or repair incurred by the city is recoverable from the owner of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided that, within sixty (60) days after such repair or demolition, the city shall file notice of lien of such cost and expense incurred in the office of the County Recorder of Deeds. The notice must consist of a sworn statement setting out a description of the real estate sufficient for identification thereof; the amount of money representing the cost and expense incurred; and the date or dates when the cost and expense was incurred. 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 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 the case of mortgages or mechanics' liens. Suit to foreclose this lien must be commenced within three (3) years after the date of filing notice of lien.

 

§ 150.03  BUILDINGS DAMAGED BY FIRE OR DECAY WITHIN CITY FIRE LIMITS.

  1. Any building or structure within the fire limits of the city as hereinbefore prescribed by ordinance 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.

  2. Upon written notice by the Building Inspector, Health Commissioner, Fire Marshal, or any other city employee filed with the City Clerk, the Clerk shall notify the Mayor of the receipt of such notice. The Mayor shall then appoint three (3) persons to determine whether or not such building or structure has been damaged to the extent of fifty percent (50%) of its value. A copy of the notice filed by the city officer, together with a notice of the appointment of this board of three (3) persons to determine the damage, shall be served upon the owner of the premises by personal service or by registered mail to his last known address.

  3. Such notice may be in substantially the following form:

 

“To __________________

 

You are hereby notified that                                            has determined that the building owned by you at                                              , located within the fire limits of the city has been damaged by fire, decay or otherwise to the extent of fifty percent (50%) of its value; and that a board of three (3) members has been appointed to verify this finding, which board will hold its first meeting in the City Hall on the __________ day of ___________, 20__ , at the hour of  _______ o'clock __M, at which time it will determine whether this finding is correct. If this finding is verified by the board, you must tear down and remove the said building.”

  1. If such board of three (3) members determines that the building in question has been damaged to the extent of fifty percent (50%) of its value, it shall be the duty of the owner to tear down or remove such building within twenty (20) days after the finding of the board; it shall be unlawful to occupy or permit such building to be occupied after such finding.

Penalty, see § 10.99

 

§ 150.04  COPY OF NOTICE TO BE POSTED ON PREMISES IF OWNER UNKNOWN.

 

If the owner of the premises concerned is unknown, or if his 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 within the municipality.

 

§ 150.05  ALTERNATIVE ACTION.

 

In addition to the actions authorized by other sections of this sub-chapter, the Fire Marshal, Chief of the Fire Department, or any other municipal official whose duty it is investigate fires, may make the investigations authorized by the statute found in Ill. Rev. Stat. Ch. 127 ½, § 9. 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 other cause is especially liable to fire, or is liable to cause injury by collapsing or otherwise, he shall order the dangerous condition 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 mail, and any person so notified may appeal from the decision of such officer in the manner provided by law.

 

§ 150.06  OTHER ABATEMENT REMEDIES.

 

The remedies and procedures enumerated and contained in this sub-chapter shall be in addition to and supplemental to the general nuisance abatement remedies and procedures as provided for in § 96.04.

 

§ 150.07  VIOLATION OF PROVISIONS PROHIBITED.

 

No person, firm, or corporation shall violate any provision of this subchapter; nor shall any person, firm, or corporation permit any dangerous building, or any building or structure to remain in a dangerous condition, or to remain in the fire limits after it has been damaged to the extent of fifty percent (50%) of its value. 

Penalty, see § 10.99