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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 * . 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 . ,-- ABSENT: Alderman Berardi , APPR ED: Rodney W. einze, Mayor ATTEST: Nancy Whites,i ity Clerk