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HomeMy WebLinkAboutResolution # 3864 - demolition improvements to real property located at 604 N. 11th avenue -~ RESOLUTION NO. 3864 A RESOLUTION APPROVING DEMOLITION OF IMPROVEMENTS TO REAL PROPERTY LOCATED AT 604 N. 11THAVENUE, 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, Gordon Christy is the owner of record of a parcel of real property commonly known as 604 N. 11th Avenue, Canton, Illinois; and WHEREAS, Gordon Christy, is in physical possession of the premises referred to above; and. WHEREAS, the residential real property described above contains a dangerous and unsafe building as well as hazardous, noxious or unhealthy substances upon such real property; and WHEREAS, notice of the aforementioned dangerous, unsafe and unhealthy conditions will be served to Gordon Christy, pursuant to statutory process; and. WHEREAS, if at least 15 days pass after the owner of such property has been notified to put such residential real property in a safe condition or to demolish it and the owner fails to put the real property in safe condition or to fully demolish it, the Council intends to proceed with filing the appropriate complaint in Circuit Court declaring that the property is dangerous and unsafe. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canton, Fulton County, Illinois that the building located on the premises described above is 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 if the property owner does not take immediate action to demolish or remediate the property, 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 3rd day of June, 2008, upon a roll call vote as follows: AYES• Aldermen Schenck, Berardi, Sarff, G?est, Nidffer, Strandberg, I~ewi.s. NAYS: None . ABSENT: One, due to Alderman Nfeade becomii~ the mayor APPROVED: ~J~ Kevin R. Meade, Mayor ATTEST: '~ / Nancy White ity Clerk