HomeMy WebLinkAboutResolution #3939RESOLUTION NO. / / ~%
A RESOLUTION AUTHORIZING AN APPLICATION TO THE CIRCUIT COURT
FOR DEMOLITION AND REMOVAL OF THE STRUCTURE AT 440 EAST CHERRY
STREET, CANTON, ILLINOISLINOIS
WHEREAS, the CITY OF CANTON, is an Illinois Municipal Corporation lawfully
organized to operate in Illinois and located within Fulton County, Illinois; and
WHEREAS, 65 ILCS 5/11-31-1(a) states that "the corporate authorities of each
municipality may demolish, repair, or enclose or cause the demolition, repair, or enclosure of
dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of
the municipality and may remove or cause the removal of garbage, debris, and other hazardous,
noxious, or unhealthy substances or materials from those buildings." The municipality may
obtain a personal judgment for costs of demolition and the legal action, and obtain a lien on said
premises to foreclose the same; and
WHEREAS, the corporate authorities may apply to the Circuit Court of Fulton County
for an order authorizing action to be taken with respect to a building if the owner or owners of
the building, including the lien holders of records, after at least 15 days' written notice by mail
so to do, have failed to put the building in safe condition or to demolish it; and
WHEREAS, it is believed that Robert Kennedy is the owner of the property. Although
Mark S. Schneider and Charles Bellemy have purchased unpaid taxes, neither have petitioned the
court for a tax deed; and
WHEREAS, a Notice of Intention to Pursue Relief Under 65 ILCS 5/21-1-1 was issued
to: Robert Kennedy, Mark S. Schneider, Schneider Investments, Charles Bellemy and Unknown
Owners or Occupants on or about January 5, 2010. Said Notice indicated the building must be
put in a safe condition or be demolished; and
WHEREAS, on August 31, 2010 Robert Kennedy signed for his Notice via certified mail.
On January 8, 2010 Mark S. Schneider and Schneider Investments signed for their Notices via
certified mail. On January 7, 2010, Charles Bellemy singed for his Notice via certified mail.
The notice issued to Unknown Owners or Occupants was returned to the City as the property is
vacant; and
WHEREAS, the residential real property contains a dangerous and unsafe building as
well as hazardous, noxious or unhealthy substances upon such real property; and
WHEREAS, at least 15 days have passed since the owner and/or lien holders of record of
such property has been notified to put such residential real property in a safe condition or to
demolish it; and
WHEREAS, despite the provision of such notice, the property owner and/or lien holder
of record has 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, as follows:
1. That the building located on the premises described above is 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.
2. That proper notice has been sent to the owner and/or lien holder of record.
3. That the owner and/or lien holder of record have failed to put the property in a
safe condition or to demolish it.
4. 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
ILLS 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 21st day of September, 2010, upon a roll call vote as foll ~ws:
AYES: Alderman West, Alderman Sarff, Alderman Reed, Alderman
Schenck, Alderman Ellis, Alderman Pickel, Alderman
Rivero, Alaerman Hartford
NAYS: None
ABSENT: None
APPROVED:
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Kevin R. eade, Mayor
AT
na Tuc r, City Clerk