HomeMy WebLinkAboutResolution #3938 - expedited removal of a certain building at 46 south seventeenth avenueRESOLUTION NO. ~ 9 3d
A RESOLUTION AUTHORIZING THE EXPEDITED REMOVAL OF A CERTAIN
BUILDING AT 46 SOUTH SEVENTEENTH AVENUE, CANTON, ILLINOIS
WHEREAS, 65 ILCS 5/11-31-1(e) provides that each municipality may use an expedited
provision to remove certain buildings that are a continuing hazard to the community in which
they are located; and
WHEREAS, if a residential or commercial building is 3 stories or less in height as
defined by the municipality's building code, and the corporate official designated to be in charge
of enforcing the municipality's building code determines that the building is open and vacant and
an immediate and continuing hazard to the community in which the building is located, then the
official shall be authorized to post a notice not less than 2 feet by 2 feet in size on the front of the
building. The notice shall be dated as of the date of the posting and shall state that unless the
building is demolished, repaired, or enclosed, and unless any garbage, debris, and other
hazardous, noxious or unhealthy substances or materials are removed so that an immediate and
continuing hazard to the community no longer exists, then the building may be demolished,
repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials mat be removed, by the municipality; and
WHEREAS, not later than 30 days following the posting of the notice, the municipality
must do all of the following: (1) send a Notice to Rmediate to all owners by certified mail (2)
publish in the Canton Daily Ledger for 3 consecutive days a notice with the tax id number, a
statement that the property is open and vacant and a statement that the City intends to demolish
and (3) record the notice to remediate with the County Recorder; and
WHEREAS, any person with a legal or equitable interest in the property may file an
objection with a court; and
WHEREAS, if the building is not demolished, repaired or enclosed within 30 days of the
mailing of the notice, the City has the power to demolish, repair or enclose the building; and
WHEREAS, the City may proceed to demolish, repair or enclose the building within 120
days following the date of the mailing of the notice, unless a legal or equitable owner has sought
a hearing before the court; and
WHEREAS, if the City demolishes, repairs or encloses the building, 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 work performed with the County Recorder;
WHEREAS, the property at 46 S. 17th Street was subject to a fire on July 14, 2010
wherein the property sustained substantial damage; and
WHEREAS, despite contact with the foreclosing bank and the owners, no action has been
taken to demolish, repair or enclose the property; and
WHEREAS, Notice of Condemnation was issued to both the owners and the foreclosing
bank on or about August 3, 2010; and
WHEREAS, the Notice of Condemnation gave the owners and/or foreclosing bank until
August 27, 2010 to put the property in a safe condition or to demolish it; and
WHEREAS, despite the provision of such notice, the property owners and/or foreclosing
bank has failed to put the real property in a safe condition or to demolish it; and
WHEREAS, the building is open and vacant and an immediate and continuing hazard to
the community.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Canton, Fulton
County, Illinois, as follows:
That the building located at 46 S. 17th Street, Canton, Illinois is in a dangerous
and unsafe condition and remains open and vacant and an immediate and
continuing hazard to the community pursuant to 65 ILCS 5/ 11-31-1(e).
2. That City Staff shall post the proper signage at 46 S. 17th Street, Canton, Illinois
stating that unless the building is demolished, repaired or enclosed, and unless any
garbage, debris, and other hazardous, noxious or unhealthy substances or
materials are removed so that an immediate and continuing hazard to the
community no longer exists, then the building may be demolished, repaired, or
enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy
substances or materials will be removed, by the municipality.
3. That City staff shall, not later than 30 days following the posting of the notice, the
municipality must do all of the following: (1) send a Notice to Rmediate to all
owners by certified mail (2) publish in the Canton Daily Ledger for 3 consecutive
days a notice with the tax identification number, a statement that the property is
open and vacant and a statement that the City intends to demolish and (3) record
the notice to remediate with the County Recorder.
4. That unless an owner and/or lien holder of record files an objection with the court,
the building may be demolished 30 days after the mailing of the notice or the last
date of publication, whichever is later.
5. That City staff shall 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
with the County Recorder's office.
PASSED by the City Council of the City of Canton, Fulton County, Illinois at a regular City
Council meeting on this 21st day of September, 2010, upon a roll call vote as follows:
AYES: Alderman West, Alderman Sarff, Alderman Reed, Alderman
Schenck, Alderman Ellis, Alderman Pickel, Alderman Rivero,
Alderman Hartford
NAYS: None
ABSENT: None
APPROVED:
-~
v%
,~ !~~
Kevin R. Meade, Mayor
ATTEST•
Diana Tucker, City Clerk