CHAPTER 6
BUILDINGS
ARTICLE I - DANGEROUS BUILDINGS
6-1-1 DEFINITIONS. The term “dangerous building” as used in this Article, is hereby defined to mean and include:
(A) Any building, shed, fence, or other man-made structure which is dangerous to the public health because of its condition and which may cause or aid in the spread of disease or injury to the health of the occupants of it or of neighboring structures.
(B) Any building, shed, fence, or other man-made structure which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire, and constitutes or creates a fire hazard.
(C) Any building, shed, fence, or other man-made structure which, by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure.
(D) Any building, shed, fence, or other man-made structure which, because of its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure.
Any such dangerous building in the City is hereby declared to be a nuisance.
6-1-2 PROHIBITION. It shall be unlawful to maintain or permit the existence of any dangerous building in the City; and it shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition.
6-1-3 ABATEMENT. Whenever the Mayor or his designated representative, or any other authorized officer of the City shall be of the opinion that any building or structure in the City is a dangerous building, he shall file a written statement to this effect with the Police Department. The Police Chief or his designated representative shall thereupon cause written notice to be served upon the owner thereof, and upon the occupant thereof, if any, by certified mail or by personal service. Such notices shall state that the building has been declared to be in a dangerous condition, and that such dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it; and that the condition must be remedied at once. Such notice shall be served upon the proper parties not less than fifteen (15) days before the City shall file application with the County Circuit Court for an order authorizing the demolition or repair of said building. Such notice may be in the following terms:
You must remedy this condition or demolish the building immediately within fifteen (15) days from the date of this notice or the City will proceed to do so.
In the event that the building is not demolished or repaired or altered within the fifteen (15) day period of time elapsing from the date of the service of notice, then the City shall institute application before the County Circuit Court requesting an order authorizing the demolition, alteration, or repair of said building premises and the cost of such entailments shall be recovered from the owner or owners of such real estate and shall be a lien thereon.
6-1-4 LIEN. Charges for demolishing, repairing or altering of such building shall be a lien upon the premises. A bill representing the cost and expense incurred or payable for the service shall be presented to the owner. If this bill is not paid within thirty (30) days of submission of the bill, a notice of lien of the cost and expense thereof incurred by the City shall be recorded in the following manner:
(A) A description of the real estate sufficient for identification thereof.
(B) The amount of money representing the costs and expenses incurred or payable for the service.
(C) The date or dates when said costs and expenses were incurred or payable for the service by the City and shall be filed within sixty (60) days after the cost and expense is incurred.
6-1-5 PAYMENT. Notice of such lien claim shall be mailed to the owner of the premises if his address is known. Upon payment of the cost and expense after notice of lien has been filed, the lien shall be released by the City or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien.
6-1-6 FORECLOSURE OF LIEN. Property subject to a lien for unpaid charges shall be sold for non-payment of the same, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be in the name of the City, after lien is in effect for sixty (60) days.
ARTICLE II - BUILDING AS NUISANCE
6-2-1 BUILDING CONDITION - NUISANCE. The Mayor or his designated representative shall report to the City Council when any building in the City is in a dangerous condition and constitutes a nuisance.
6-2-2 TIME LIMIT. The owner of such building shall repair or alter it so as to make it safe within ninety (90) days from the time the notice is served upon him in the manner provided by law.
6-2-3 NOTIFICATION. The Mayor or his designated representative shall place a notice on all "dangerous and unsafe buildings", which notice shall read as follows:
"This building has been found to be a dangerous and unsafe building by the Mayor. This notice shall remain on this building until it is repaired, vacated or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, or person or persons in whose name or names such building was last assessed, and all other persons having an interest in said building as shown by the land records of the County Recorder of Deeds. It is unlawful to remove this notice until such notice is complied with."
6-2-4 DANGEROUS AND UNSAFE BUILDINGS DEFINED. All buildings or structures which have any or all of the following defects shall be deemed "dangerous and unsafe buildings".
(A) Those whose interior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(B) Those which, exclusive of the foundation, show thirty-one percent (31%) or more of damage or deterioration of the supporting member or members, or fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(C) Those which have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
(D) Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of this City.
(E) Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to cause injury to the health, morals, safety or general welfare of those living therein.
(F) Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.
(G) Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(H) Those which have parts thereof which are so attached that they may fall and injure property or members of the public.
(I) Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this City.
(J) Those buildings existing in violation of any provisions of the Building Code of this City, or any provision of the Fire Prevention Code, or other ordinances of the City.
(K) Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this Code.
(L) Those buildings which are uncompleted or abandoned.
6-2-5 STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the Mayor or his authorized representative in ordering repair, vacation or demolition:
(A) If the "dangerous and unsafe building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated.
(B) If the "dangerous and unsafe building" can reasonably be repaired so that it will no longer exist in violation of the terms of this Code, it shall be ordered repaired.
(C) In any case where a "dangerous and unsafe building" is fifty percent (50%) damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Code, it shall be demolished. In all cases where a "dangerous and unsafe building" is a fire hazard existing or erected in violation of the terms of this Code, or any ordinance of the City, or statute of the State of Illinois, it shall be demolished. (See “Nonconforming Uses” of the Zoning Code)
6-2-6 DANGEROUS AND UNSAFE BUILDINGS - NUISANCES. All dangerous and unsafe buildings within the terms of this Article are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided.
6-2-7 DUTIES OF THE ATTORNEY. The City Attorney shall apply to the Circuit Court for an order authorizing the demolition, repair, or vacation of dangerous and unsafe buildings or uncompleted or abandoned buildings when notices have not been complied with and when requested to do so by the Mayor or his authorized representative.
6-2-8 LIENS. The cost of repair, demolition, vacation, or enclosure shall be recoverable from the owner or owners of such real estate and shall be a lien thereon, which lien shall be subordinate to all prior existing liens and encumbrances; provided that within sixty (60) days after said cost and expense is incurred, the City or person performing the service by authority of the City, in his or its own names, shall file notices of lien in the office of the County Recorder of Deeds. The notice shall consist of a sworn statement setting out:
(A) A description of the real estate sufficient for identification thereof;
(B) The amount of money representing the cost and expense incurred or payable for the service; and
(C) The date or dates when said cost and expense was incurred by the City.
Upon payment of said cost and expense by the owner of or persons interested in said property after notice of lien has been filed, the lien shall be released by the City or persons in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclose as in the case of mortgages or mechanics of lien. Suit to foreclose this lien shall be commenced within three (3) years after the date of filing notice of lien.
(See 65 ILCS 5/11-31-1)
ARTICLE III - BUILDING OPERATIONS
6-3-1 USE OF STREETS. The use of streets for the storage of materials in the process of construction or alteration of a building may be granted where the same will not unduly interfere with traffic and will not reduce the usable width of the roadway to less than eighteen (18) feet; provided that no portion of the street other than that directly abutting on the premises on which work is being done shall be used except with the consent of the owner or occupant of the premises abutting on such portion. Any person seeking to make such use of the street shall file with the City Clerk a bond with corporate sureties to be approved by the City Council, to indemnify the City for any loss or damage which may be incurred by it by reason of such use and occupation.
6-3-2 NIGHT OPERATIONS IN RESIDENCE DISTRICTS. It shall be unlawful to conduct construction operations between ten o’clock (10:00) P.M. and seven o’clock (7:00) A.M. in any place where a majority of the premises within a radius of four hundred (400) feet is used in part or exclusively for residence purposes.
6-3-3 SIDEWALKS. No sidewalk shall be obstructed in the court of building, construction or alteration without a special permit from the Mayor or his authorized representative being first obtained.
6-3-4 SAFEGUARDS. It shall be the duty of the person doing any construction, altering or wrecking work in the City to do the same with proper care for the safety of persons and property. Warnings, barricades and lights shall be maintained wherever necessary for the protection of pedestrians or traffic; and temporary roofs over sidewalks shall be constructed wherever there is a danger to pedestrians from falling articles or materials. (See Chapter 33 – Streets for additional requirements.)
ARTICLE IV – CITY FARMLAND
6-4-1 APPLICATION TO FARM. Anyone desiring to farm any tillable farmland owned by the City shall make application before September 4th, every other year with the City Clerk. The Public Grounds and Building Committee shall review all applications and make recommendations to the full Council regarding the applications.
6-4-2 TERM OF AGREEMENT. All agreements made by the Public Grounds and Building Committee on behalf of the City and any farmer for the farming of any farmland, shall be for a term not exceeding two (2) years from the date of agreement. The successful applicant shall be required to execute a Farm Lease Agreement consistent with this Article.
(Ord. No. 1127; 08-24-98)
© Copyright 2005 by the City of Staunton, Illinois
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