HomeMy WebLinkAboutResolution # 3772.,, s
RESOLUTION NO. 3772
A RESOLUTION APPROVING DEMOLITION OF IMPROVEMENTS TO REAL
PROPERTY LOCATED AT LOTS 10 AND 11 OF THE ENTERPRISE INDUSTRIAL
PARK, CANTON, ILLINOIS
WHEREAS, the CITY OF CANTON, is an Illinois Municipal Corporation lawfully
organized to operate in Illinois and located within Fulton County, Illinois.
WHEREAS, 65 ILCS 5/11-31-1 et. seq. empowers municipalities to demolish, repair and
cause the demolition or repair of dangerous and unsafe buildings; and further empowers
municipalities to apply to the Circuit Court for an Order to demolish, obtain a personal judgment
for costs of demolition and the legal action, and obtain a lien on said premises and to foreclose
the same; and
WHEREAS, the CITY OF CANTON, is an Illinois Municipal Corporation lawfully
organized to operate in Illinois and located within Fulton County, Illinois.
WHEREAS, Donald Inmon is the owner of record of a parcel of real property commonly
known as Lot 10 and Lot 11 in the Enterprise Industrial District, Canton, Illinois.
WHEREAS, Donald Inmon is in physical possession of the premises referred to above.
On information and belief, Donald Inmon is purchasing the property from Ray Jackson via a
contract for deed.
WHEREAS, the real property described above contains numerous dangerous and unsafe
buildings, uncompleted or abandoned buildings, as well as garbage, debris and other hazardous,
noxious or unhealthy substances that are contained within said buildings.
WHEREAS, the real property described above is the subject of Fulton County Case
number 00-MR-20. On March 28, 2006, the Court entered a Judgment Order specifically
ordering that Inmon "abate the nuisance on said Lots 10 and 11 by ceasing the operation thereon
by removing all mobile homes and house trailers that are on the premises."
WHEREAS, the real property was inspected on August 9, 2006 by Officer Dustin Pollitt,
Building Officer Clark Wilson as well as the Canton Fire Department. Officer Dustin Pollitt
noted that all mobile homes and house trailers had not been removed by the date of inspection.
Clark Wilson noted that all mobile homes and house trailers had not been removed by the date of
inspection. Furthermore, Dan Neptun, Inspector for the Canton Fire Department found
approximately seventy-five mobile homes and house trailers existing on the property, as well as
numerous fire and building code violations.
WHEREAS, notice of the aforementioned dangerous, unsafe, and unhealthy conditions
was provided to Inmon through the court proceedings that occurred in 00-MR-20. Additional
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notice of the aforementioned dangerous unsafe and unhealthy conditions was issued to the owner
of the property and his attorney, both parties signing the return receipts for their parcels.
WHEREAS, at the latest, the Defendant had notice of the unsafe and dangerous condition
of the property on August 15, 2006 when he personally appeared in court.
WHEREAS, on August 23, 2006 the Court entered a Supplemental Judgment Order in
00-MR-20 ordering the Defendant to abate the nuisance on Lot 10 by Tuesday, August 29, 2006
and further ordered the Defendant to submit a comprehensive plan and timeframe for abating the
nuisance on Lot 11 by August 29, 2006.
WHEREAS, as of September 12, 2006 when the property was re-inspected by Officer
Dustin Pollitt and Clark Wilson, the nuisance on Lot 10 had not been abated nor has a
comprehensive plan and timeframe for abating the nuisance been submitted to the City of
Canton.
WHEREAS, at least 15 days have passed since the owner of such property was ordered
by the court to remove all mobile homes and house trailers on the premises and/or Inmon has
been notified to put such real property in a safe condition or to demolish it.
WHEREAS, despite the provision of such order, Defendants have failed to put the real
property in a safe condition or to demolish it.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canton, Fulton
County, Illinois that the building(s) located on the premises descried above was in a dangerous
and unsafe condition within the meaning of the statute set forth in 65 ILCS 5/11-31-1 et. seq.,
and immediate demolition and remediation are required.
BE IT FURTHER RESOLVED that the City Attorney for the City of Canton is hereby
authorized and directed to apply on behalf of the City of Canton to The Circuit Court of the
Ninth Judicial Circuit of Fulton County, Illinois for an Order authorizing the demolition of the
buildings upon the residential real property in question and the removal of the garbage and debris
located upon such property at Plaintiff's expense, such costs, including court costs, attorney's
fees, and other costs related to enforcement of 65 ILCS 5/11-31-1 being recoverable as a lien
upon the real estate and foreclosure, if necessary.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular City
Council meeting on this 19th day of September, 2006, upon a roll call vote as follows:
AYES: Aldermen Hartford, West, Sarff, Mead, Carl, Schenck, Reed.
NAYS: None .
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ABSENT: Alderman Berardi ,
APPR ED:
Rodney W. einze, Mayor
ATTEST:
Nancy Whites,i ity Clerk