§ 22-203. Hazardous structure.

Whenever the director of building and code enforcement, the city manager, or other city official designated to be in charge of enforcing the city's building code, determines that a residential, commercial, industrial, or other structure is so damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested ("hazardous structure") that it creates a serious hazard to the health and safety of the community, then that city official may placard the hazardous structure with a notice of demolition, repair or enclosure. The notice shall be dated as of the date of the posting and shall state that unless the hazardous structure is demolished, repaired, or enclosed, or unless any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials ("hazardous materials") are removed so that the serious hazard to the health and safety of the community no longer exists, then the hazardous structure may be demolished, repaired, or enclosed, or any hazardous materials may be removed by the city. Such notice shall be posted on the front of the hazardous structure and must be at least two feet by two feet in size.

(1)

Notice. Within 30 days of the posting of the notice of demolition, repair or enclosure, the city shall:

a.

Send a notice by certified mail, return receipt required, to all owners of record of the property, to the beneficial owners of any state land trust having title to the property, and to all lienholders of record in the property, stating that it is the intent of the city to demolish, repair, or enclose the hazardous structure or remove any hazardous materials if that action is not taken by the owner or owners; and

b.

Provide constructive notice by publishing notice in a newspaper published or circulated in the city setting forth:

1.

The permanent tax index number and the address of the hazardous structure;

2.

A statement that the property constitutes a serious hazard to the health and safety of the community; and

3.

A statement that the city intends to demolish, repair, or enclose the hazardous structure or remove any hazardous materials if the owner or owners or lienholders of record fail to do so. This notice shall be published for three consecutive days.

(2)

Objection. A person objecting to the proposed actions of the city may file his objection in an appropriate forum in the Eighteenth Judicial Circuit Court, Wheaton, Illinois.

(3)

Demolition or remedial action.

a.

If the hazardous structure is not demolished, repaired, or enclosed, or if the hazardous materials are not removed within 30 days of mailing the notice to the owners of record, to the beneficial owners of any state land trust having title to the property, and to all lienholders of record in the property, or within 30 days of the last day of publication of the notice, whichever is later, the city shall have the right and power, but not the obligation, to demolish, repair, or enclose the hazardous structure or to remove any hazardous materials.

b.

The city may proceed to demolish, repair, or enclose a hazardous structure or remove any hazardous materials under this section anytime within a 90-day period following the date of the mailing of the notice. If any person seeks a judicial hearing and has served a copy of the complaint on the city before the city proceeds with the authorized actions set forth in this section, then the city shall not proceed with the demolition, repair, enclosure, of the hazardous structure or removal of hazardous materials until the court issues an order authorizing the city to do so.

(4)

Lien. Following the demolition, repair, or enclosure of a hazardous structure, or the hazardous materials under this chapter, the city may file a notice of lien against the real estate for the cost of the demolition, repair, enclosure or removal within 180 days after the repair, demolition, enclosure, or removal occurred, for the cost and expense incurred, including attorney's and consultant fees, in the office of the county recorder of deeds. The notice of lien shall consist of a sworn statement setting forth:

a.

A description of the real estate such as the address or other description of the property, sufficient for its identification;

b.

The expenses incurred by the city in undertaking the remedial actions authorized under this section;

c.

The dates the expenses were incurred by the city;

d.

A statement by the city official responsible for enforcing the building code that the structure constituted a serious hazard to the health and safety of the community;

e.

A statement by the city official that the required sign was posted on the structure, that notice was sent by certified mail to the owners of record, and that constructive notice was published in accordance with this section; and

f.

A statement as to when and where the notice was published.

(Code 1996, § 22-203; Ord. No. F-1044, § 1, 5-16-2005)