Article II: Building as Nuisance

6-2-1 CONDITION.  The Village Engineer, the Fire Chief or the Code Enforcement Officer shall report to the Mayor and Village Board that the building at ____________ in the Village is in a dangerous condition.

6-2-2 TIME LIMIT.  The owner of such building shall repair or alter it so as to make it safe within 30 days form the time notice is served upon him in the manner provided by law.

6-2-3 UNSAFE CONDITIONS.  The building shall be deemed unsafe because, but not limited to the following:
(a)    The main supporting beams are not properly secured at outer walls.
(b)    Outer walls from foundation to the first floor line are unsafe.
(c)    Floor joists are undersized and are toe-nailed to beams.
(d)    Sub-flooring on first and second floors is of inferior and decayed lumber.
(e)    Sheathing of outer walls is of inferior and decayed lumber.
(f)    Walls are bulging outward at first floor line.
(g)    Rear stairway to first floor and second floor is unsafe.
(h)    Front porch is unsafe.
(i)    Wood construction is in contact with chimney.

6-2-4 MANNER OF CORRECTING DEFECTS.  The owner shall correct these defects by the following:
(a)    Main supporting beams to be supported properly at the outer walls.
(b)    Outer walls from the foundation to the first floor line to be constructed so as to carry first and second floor outer walls safely.
(c)    Joists on first and second floors to be of a size able to carry a live load of 40 pounds per square foot of floor surface.
(d)    Joists to rest on beams or bearing partitions and lapped and spiked together and to be properly bridged.
(e)    Sub-flooring to be replaced with sound lumber.
(f)    Sheathing of outer walls and front porch to be replaced with sound lumber.
(g)    The walls of the building that bulge outward from the main structure are to be replaced and made plumb and so constructed that is will not be possible for them to pull away from the main structure.
(h)    Front porch and stairs to be replaced with sound lumber.
(i)    Rear stairway to first and second floors to be replaced with sound lumber.
(j)    All wood framing adjacent to chimney to be so constructed as to leave a 2-inch clearance space between said framing and chimney.
(k)    Basement ceiling, the first floor ceiling, stairway enclosing walls and walls of hallways shall be plastered on metal lath.
(l)    Walls in basement from ceiling to foundation to be plastered on metal lath or properly firestopped.  All work done in the construction of this building to be done in compliance with the County Zoning Code, and all other codes applicable thereto.

6-2-5 NOTIFICATION OF OWNER. The Village Board or their designated representative shall serve or cause to be served upon the owner of the building, a copy of this chapter, certified to by the Village Clerk, by personal service or by posting a copy thereof upon the premises and mailing another copy to the last known address for mailing of owner, and shall report to the Mayor when such notice has been served.

6-2-6 DECLARED NUISANCE. The building described in Section 6-2-1 is hereby declared to be a nuisance.  (See Ill. Rev. Stat., Ch. 24; Sec. 11-31-1)

6-2-7 LIEN.  Charges for the abatement of said nuisance shall be a lien upon the premises.  A bill representing the cost and expense incurred or payable for the service shall be presented to the owner.  If this bill is not paid within 30 days of submission of the bill, a notice of lien of the cost and expenses thereof incurred by the Village shall be recorded in the following manner:

(a)    A description of the real estate sufficient for identification thereof.
(b)    The amount of money representing the cost and expense incurred or payable for the service.
(c)    The date or dates when said cost and expense was incurred by the Village and shall be filed within 60 days after the cost and expense is incurred.
(d)    The cost and expense of the attorney’s services.

6-2-8 PAYMENT.  Notice of such lien claim shall be mailed to the owner of the premises if his address is known.  Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the Village or person in whose name the lien has been filed and the release shall be filed or record in the same manner as filing notice of the lien.

6-2-9 FORECLOSURE OF LIEN.  Property subject to a lien for unpaid charges shall be sold for non-payment of the same, and the proceeds of such sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens.  Such foreclosure shall be in the name of the Village after lien is in effect for 60 days.  Suit to foreclose this lien shall be commenced within 2 years after the date of filing notice of lien.

6-2-10 ENFORCEMENT.  The Illinois Revised Statutes, Chapter 24, section 11-31, as passed, approved and amended by the Illinois General Assembly, entitled “Unsafe Buildings” shall prevail in the enforcement of this article.

Last Update: October 04, 2018