HomeMy WebLinkAboutResolution # 3771J-
RESOLUTION NO. 3771
A RESOLUTION APPROVING DEMOLITION OF IMPROVEMENTS TO REAL
PROPERTY LOCATED AT 231 KEELING COURT, 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, Jane Tinder a/k/a Jane Hawkins is the owner of record of a parcel of real
property commonly known as 231 Keeling Court, Canton, Illinois, further described as PIN#: 09-
08-27-118-007.
WHEREAS, Jane Tinder, is in physical possession of the premises referred to above.
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.
WHEREAS, notice of the aforementioned dangerous, unsafe and unhealthy conditions
was provided to Jane Tinder.
WHEREAS, Jane Tinder was served with a copy of such notice via certified mail, return
receipt requested at her last known addresses whereby she signed for her parcel.
WHEREAS, in response to the notice issued by the City, Jane Tinder arranged a meeting
with counsel for the City on June 9, 2006. On that date, she agreed to demolish the unsafe and
dangerous structure by July 9, 2006 and further agreed the premises would be fully clear of all
garbage, debris and other hazardous, noxious or unhealthy substances within forty-five days.
Accordingly, the property was to be fully remediated by July 26, 2006.
WHEREAS, the residential real property described above was partially demolished by
July 26, 2006, however the property was not cleared of all garbage, debris and other hazardous,
noxious or unhealthy substances by said date.
WHEREAS, additional notice of the aforementioned dangerous unsafe and unhealthy
conditions was issued to the owner of the property.
WHEREAS, JANE TINDER a/k/a JANE HAWKINS was served with a copy of such
notice via at her last known addresses.
WHEREAS, at least 15 days have passed since the owner of such property has been
notified to put such residential real property in a safe condition or to demolish it.
WHEREAS, despite the provision of such notice, the property owner has failed to put the
real property in a safe condition or to fully 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 described 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• A1der~n Reed, St~henck., Carl, Meade, Sarff, West, Hartford,
NAYS: None
ABSENT: Aldermen Berardi.
APP D:
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Rodney W. einze, ayor
ATTEST:
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Nancy White ,City Clerk