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HomeMy WebLinkAboutOrdinance#4236 ORDINANCE NO. 4236 AN ORDINANCE AMENDING TITLE 6, CHAPTER 18 (UNSAFE OR DANGEROUS BUILDINGS) OF THE CANTON MUNICIPAL CODE OF THE CITY OF CANTON, ILLINOIS. WHEREAS, the City of Canton, Fulton County, Illinois (the "City") is an Illinois non- home rule municipal corporation, established in accordance with the constitution of the State of Illinois of 1970; WHEREAS,Section 11-31-1 of the Illinois Municipal Code(65 ILCS 5/11-31-1)provides the necessary steps and requirements to have a dangerous and unsafe building demolished, repaired, enclosed and/or declared abandoned; WHEREAS, Title 6, Chapter 18 of the Canton Municipal Code (the "Code") contains provisions related to unsafe or dangerous buildings to which the City intends to be more consistent with the Illinois Municipal Code; and WHEREAS, the City Council of the City of Canton has determined that it is necessary and in the best interest of the City to amend Title 6, Chapter 18 of the Code in accordance with the language and provisions of Section 11-31-1 of the Illinois Municipal Code regarding unsafe properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CANTON, FULTON COUNTY,ILLINOIS AS FOLLOWS: Section 1. That the City hereby finds as fact the recitals set forth above and incorporates said recitals herein as though fully set forth. Section 2. That Section 6-18-2 be, and the same hereby is, amended by deleting said Section 6- 18-2 in its entirety and substituting in lieu thereof as Section 6-18-2,the following: For the purpose of this Chapter, any building or structure which has any defects or is in any of the conditions,including,but not limited to the following hereinafter described shall be deemed a"dangerous building" and/or unsafe: (A) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size,or is not so arranged as to provide safe and adequate means of exit in case of fire or panic for all persons housed or assembled therein who would be required to or might use such door, aisle,passageway,stairway or other means of exit; (B) Whenever any portion thereof has been damaged by wind, flood, fire or by any other cause in such a manner that the structural strength or stability thereof is appreciably less than it was before the catastrophe and is less than the minimum requirements of this chapter; (C) Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and injure persons or damage property; 1 (D) Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction; (E) Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason,is likely to partially or completely collapse,or some portion of the foundation or underpinning is likely to fall or give away; (F) Whenever for any reason whatsoever,the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used; (G) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to afford a harbor for vagrants, criminals, or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts; (H) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation,decay,damage or faulty construction or arrangement is unsanitary or unfit for human habitation as certified by the Fulton County health department or other competent authority, and is likely to work injury to the health, safety or general welfare of those living within; (I) Whenever a building or structure is infested with rodents,insects,pests or other vermin, or is likely to cause,sickness or disease when so determined by the Fulton County health department or other competent authority; (J) Whenever any building shall become vacant, dilapidated or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers; (K) Whenever any unoccupied building or structure is deemed a nuisance by common law or the code of the city and the structure or building has been secured by the owner or his agents by covering up the windows and exits with lumber or materials other than glazing materials for a period of thirty (30) days or more, thereby causing a blighting influence on a neighborhood; or (L) Whenever a building or structure is deemed dangerous and/or unsafe,as certified by the chief of police, the zoning/code enforcement officer, the commercial development/commercial building inspector or his or her designees. Section 3. That Section 6-18-4 be, and the same hereby is, amended by deleting said Section 6- 18-4 in its entirety and substituting in lieu thereof as Section 6-18-4,the following: Whenever a building or structure within the city is found to be a "dangerous building" or unsafe,the mayor,the chief of police,the zoning/code enforcement officer,the commercial development/commercial building inspector,or the city attorney, or any of their designees 2 shall issue a written notice by mail thereof upon the owner or owners of the building/real estate,including the lien holders of record(as shown within the office of the Fulton County Land Records or Recorder's Office) and upon persons in apparent possession of the premises. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building,including the lien holders of record is not ascertainable,notice mailed to the person or persons in whose name such real estate was last assessed for general real estate taxes is sufficient notice under this Chapter. The notice shall briefly and concisely specify the defect(s) or condition(s) of the building or structure which renders it dangerous or unsafe. The notice shall further specify that the owners must make the building safe(by complete elimination of any unsafe conditions)or demolish the building at the owner's cost within fifteen(15)days upon receipt of the notice (the "15-day Notice Period"). The notice may allow for more than fifteen (15) days under said 15-day Notice Period, if the City desires. In the event the owner or owners fail to make the building safe or commence and complete demolition within the 15-day Notice Period, the city attorney is hereby authorized to commence a civil action in the circuit court of Fulton County seeking a court order (1) authorizing the demolition or repair of the building or structure subject to the notice provided for by this chapter or (2) requiring the owner or owners of record to demolish, repair,or enclose such building and to create the lien described in Section 6-18-7 herein. It shall not be a defense to this cause of action that the building is boarded up or otherwise enclosed, although the court may order the building boarded up or otherwise enclosed. It further shall not be a defense that the building is put in a safe condition during the pendency of the civil action. Joined as defendants in said cause shall be the owner or owners of record, lien holders of record,and other parties having an interest in the property as shown by documents recorded in the office of the Fulton County recorder of deeds on the date of the filing of the complaint for demolition. Section 4. That Section 6-18-7 be, and the same hereby is, amended by deleting said Section 6- 18-7 in its entirety and substituting in lieu thereof as Section 6-18-7, the following: The cost of the demolition, repair, enclosure, or removal incurred by the city, including court costs, attorney's fees, and other costs related to the enforcement of this chapter, is recoverable from the owner or owners of the real estate or the previous owner or both if the property was transferred during the 15-day Notice Period and is a lien on the real estate. Said lien is superior to all prior existing liens and encumbrances, except taxes, if, within 180 days after the repair, demolition, enclosure, or removal, the city files a notice of lien for the cost and expense incurred in the office of the Fulton County recorder of deeds. The notice of lien shall consist of a sworn statement setting out (1) a description of the real estate sufficient for its identification, (2) the amount of money representing the cost and expense incurred,and(3)the date or dates when the cost and expense was incurred by the city. Upon payment of said cost and expense of demolition or repair by the owner of or persons interested in the property after the notice of lien has been filed, the lien shall be released by the city attorney. 3 The lien may be enforced by foreclosure proceedings as in the case of mortgage foreclosures or mechanics' lien foreclosures. An action to foreclose this lien may be commenced at any time after the date of the filing of the notice of lien. The costs of foreclosure incurred by the city,including court costs,reasonable attorney's fees,advances to preserve the property, and other costs related to the enforcement of this chapter, plus statutory interest,are a lien on the real estate and are recoverable by the city from the owner or owners of the real estate. Suit to foreclose this lien shall be commenced by the city attorney within three(3)years after the date of the filing of the notice of lien. Any liens arising under this chapter shall be assignable by the city.The assignee of the lien shall have the same power to enforce the lien as the city,except the lien may not be enforced under Section 11-31-1(c)of the Illinois Municipal Code(65 ILCS 5/11-31-1). If payment of the city's cost of demolition or repair is not paid to the city within fifteen (15) days of the filing of the notice of lien, the city attorney may commence proceedings in the circuit court seeking a personal judgment from the owner of the subject property at the time the complaint for demolition was filed with the circuit clerk in the amount of said costs. The action authorized by this paragraph shall be in addition to, and without waiver of, any other remedies authorized and available by law. Section 5. Title 6, Chapter 18 is hereby amended by adding the following text as Section 6-18-9: 6-18-9: INTERACTION WITH STATE LAW Nothing in this Title 6, Chapter 18 shall be construed to limit the city's ability to proceed with the demolition, repair, enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings pursuant to Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1) or any of the provisions thereunder. The city has the option to proceed with any such actions under this chapter or the Illinois Municipal Code. Furthermore, nothing in this Title 6, Chapter 18 shall be construed nor is intended to conflict with Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1). However, whenever any provision of this chapter conflicts with the requirements, regulations, restrictions or limitations that are imposed or required by Section 11-31-1 of the Illinois Municipal Code (65 ILCS 5/11-31-1), then the provisions provided for in the Illinois Municipal Code shall prevail. Section 6. The remaining provisions of Title 6, Chapter 18 shall remain in full force and effect, unchanged by the foregoing amendments. Section 7. That all ordinances or parts thereof in conflict with this Ordinance are hereby expressly repealed. Section 8. If any partor parts of this Ordinance shall be held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the validity of the remaining provisions of this Ordinance. Section 9. That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. 4 PASSED THIS 18 day of May,2021. AYES: Alderman Nelson. Lingenfelter, Fritz, Hale, West,Lovell, Chamberlin NAYS:None ABSENT:None APPROVED THIS 18 day of May,2021. . „, __,,_ „, , i I /7---'''„-----, / / \ Kent A. McDowell, Mayor ATTE 1:: 0/ I / ,/ ..."''---0:1C-74" Diana Pavley-Rock, City Clerk 5