Chicago Heights — Ch. 22 Housing, Dangerous Buildings and Structures § 22-7

Where there is a dangerous, unsafe building or structure or a building or structure which is imminently dangerous to the health, morals, safety or general welfare of the occupants or the public, as determined by the supervisor of the building department, or existing structures code enforcement officer, or fire prevention officer, or health officer, sanitarian or sanitation officer, or other authorized enforcement officer, in compliance with the procedures of this section such officer may direct: (A)
That no person shall be permitted to enter, occupy, or use the building or structure or any portion thereof until the same shall have been made safe and habitable;
(B) In the event such a building or structure is beyond repair, that the building or structure be removed or razed, and that in the event of the failure by the owner, or other persons in interest failure, to remove or raze the building or structure within twenty (20) days from receipt of the notice, that the city enter the premises and remove or raze the building or structure and that the costs of demolition be collected as provided herein in section 22-13 . Whenever the code official determines that the cost of repair of the building or structure would exceed one hundred (100) percent of the current value of such building or structure, repair shall be found unreasonable and it shall be presumed for the purpose of this section that such building or structure is beyond repair and is a public nuisance which may be ordered removed or razed without option on the part of the owner to repair.
(C) In the event that the building or structure is dangerous and unsafe, but not beyond repair, that the owner or other person in interest undertake repairs which will correct the conditions concerning which the complaint is made.
(1) Prior to taking the foregoing action provided by this section in respect to the building or structure the official shall post notice of the foregoing directive in a conspicuous place on the exterior of such building or structure and also on the entry door of each apartment unit in said building or structure. Said notice shall:
(a) Be in writing;
(b) Include a description of the real estate sufficient for identification;
(c) Advise the persons to whom the notice is directed of the proposed action which the corporate authorities require of the parties to whom the notice is directed and the action that will be undertaken by the corporate authorities in the event the person to whom the notice is directed fail to take required action. The directive shall provide that all said repairs are to be undertaken not less than twenty (20) days after the notice is given and that said repairs shall be completed within a specified reasonable time. The directive may also provide that if the owner or other persons in interest fail to commence repairs and complete the repairs in the specified time, then the city may enter the premises and complete the repairs, or if the building or structure remains dangerous and unsafe, the city may remove or raze the building or structure. The costs of repair or removal or razing shall be a lien on the real property payable by the owner and shall be collected as provided in section 22-13 .
(d) Include a statement as to reasons for the proposed action by the appropriate city officer as set out in section 22-7 of this Code of Ordinance. If said notice includes a determination by any of the aforesaid corporate officer or officers that the structure or building is to be removed or razed, said notice shall also include a description of the findings upon which said determination is based. The findings may be those conditions referred to in section 22-5 and section 22-8 of this article.
(2) In addition to the posting of notice, the notice shall be given by mail or personal service or substituted personal service, and publication. Notice by mail shall be by certified or registered mail, return receipt requested, to the owner or owners of record and lienholders of record. In lieu of service on any person by mail, the city may serve notice by personal service, or by substituted personal service in the manner provided by code or statute for service in civil proceedings.
Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building or structure is not ascertainable, notice mailed in the manner specified above to the person or persons in whose name the real property was last assessed is sufficient notice by mail under this section.
Notice by publication shall be given by publishing the notice in a local newspaper of general circulation at least once a week for three (3) consecutive weeks, the first publication to take place not less than ten (10) days after the posting of notice.
(3) Any person who is an owner, lienholder, or is a lessee, or has an interest in the property of the building or structure shall have the right to object in writing to the requirements and content of the order served by the city. Such written objections shall be filed with the City Clerk of the City of Chicago Heights within twenty (20) days of the receipt of the notice or the date of the third publication of notice whichever date is later.
In the event that the owner, lienholders, lessees or other persons in interest fail to comply with the requirements of the notice and fail to file written objections as specified above, and do not pursue any other remedies to which they may be entitled pursuant to law or equity, then said persons shall be presumed to consent to the action specified in the directive and notice and the city may proceed to take the action in respect to which notice has been given.
In the event that written objections are filed by any person entitled thereto as hereinabove set out, the city administrator as set out in section 22-7 shall immediately set a hearing for review and determination of said objections. Said hearing shall be conducted at the general offices of the City of Chicago Heights located at 1601 Chicago Road, Chicago Heights, Illinois. The hearing shall be within fifteen (15) days of the receipt of the filing said objections or any time as extended thereof by the City Administrator of the City of Chicago Heights. The notice of said hearing shall be given to the person or persons filing said objections by serving said notice upon said person by United States Mail, postage prepaid, at the address as listed by the objector or objectors on their written objections. Said notice shall be mailed to the objector or objectors not less than seven (7) days prior to the hearing. The hearing herein mentioned shall be conducted by the City Administrator of the City of Chicago Heights.
In the event the violations and objections thereto are not resolved at the hearing hereinabove set out, then in that event, the responsible code enforcing officer or officers shall notify the mayor and city council and if the corporate authorities so desire to proceed, they shall then direct the corporation counsel to apply to the Circuit Court of Cook County for a order authorizing action to be taken with respect to any such building or structure in accordance with this Code of Ordinances and the statutes of the State of Illinois in such case made and provided.