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HomeMy WebLinkAboutResolution #3938RESOLUTION 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