The Code Compliance Officer or his authorized representative shall make or cause to be made an inspection of any structure in response to any report of an unsafe or abandoned building and, if found to be unsafe or abandoned, to cause all violations to be eliminated; or to refer the matter to the City Attorney for action pursuant to this article.
Upon referral, the City Attorney shall apply to the Circuit Court of McLean County for an order authorizing the repair or demolition of any unsafe or abandoned building. At least 15 days prior to the filing of such suit, the City Attorney shall notify the owner or owners of said property, including lien holders of record, to put such building in a safe condition or to demolish it. If no action is taken within said fifteen-day period, the City Attorney may apply to the Circuit Court for a repair or demolish order. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building, including the lien holders of record, is not ascertainable, notice shall be mailed to the person or persons in whose name such real estate was last assessed, which is sufficient notice under this section.
The hearing on such application to the Circuit Court shall be expedited by the Court and shall be given precedence over all other suits. Upon a showing that a building or structure is unsafe or abandoned, the Court shall grant relief as herein provided.
A. 
The Court shall authorize the City of Lexington to demolish any unsafe or abandoned building or structure upon showing that:
(1) 
The probable cost of repairs required to bring the building into compliance with applicable codes exceeds 50% of the appraised value of the structure at the time the suit is filed; or
(2) 
The owner of the building or structure has failed to comply with a court order entered pursuant to Subsection B of this section to bring the building into compliance with applicable codes; or
(3) 
The City presents a consent to demolish signed by the owner of such building or structure.
B. 
The Court may order the owner of such building or structure to make such repairs as are required to bring such building or structure into compliance with applicable codes and shall specify a date by which such repairs must be completed.
C. 
Upon request by the City, the Court may authorize the City to make such repairs as are required to bring such building or structure into compliance with applicable codes.
The cost of such repair or demolition incurred by the City or by a lien holder of record is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances except taxes. Within 60 days after repair or demolition, the City or the lien holder of record who incurred the cost and expense of such demolition or repair of such building shall file a notice of lien of cost and expense in the office of the Recorder of Deeds of McLean County. The notice shall consist of a sworn statement containing:
A. 
A description of the real estate sufficient for identification thereof.
B. 
The amount of money representing the cost and expense incurred.
C. 
The date or dates when the cost and expense was incurred by the municipality or by the lien holder of record. For purposes of this section, the cost of repair or demolition shall be deemed to have been incurred by the City of Lexington at the time the City pays any person with whom it has contracted to do the repair or demolition work, or the date of the last payment to said person if there is more than one payment. Upon payment of the cost and expense by the owner or the person interested in the property after a notice of lien has been filed, the lien shall be released by the City or the person in whose name the lien has been filed and the release may be filed of record as in the case of filing a notice of lien. Costs and expenses for which a lien may be filed shall include any costs incurred in determining ownership or interest of parties in the property, attorney's fees, court costs, costs incurred in proving the cost of improvements required on said building or structure and all costs incidental to or required for repair or demolition.
The aforesaid lien may be enforced by proceeds to foreclose as in case of mortgages or mechanics liens. Said foreclosure suit must be commenced within three years after the date of filing a notice of lien.
The Code Compliance Officer shall have full power to pass upon any question arising under the provisions of this article, subject to the conditions, modifications, and limitations contained in this chapter.
If the Code Compliance Officer shall find in the City any building or structure or part thereof in such an unsafe condition as to cause imminent danger to life or property but that the immediate application of precautionary measures may avert such danger, he shall have authority, and it shall be his duty forthwith, to notify in writing the owner, agent, contractor or person in possession, charge or control of such buildings or structures or part thereof to adopt and put into effect such precautionary measures as may be necessary or advisable in order to place such building or structure or part thereof in a safe condition. Such notice shall state briefly the nature of the work required to be done, and the Code Compliance Officer shall specify in such notice the time within which the work required to be done shall be completed by the person notified, upon taking into consideration the condition of such building or structure, or part thereof, and the danger to life or property which may result from its unsafe condition.
A. 
If it shall be found that any building or structure, or part thereof, is being or shall have been worked on in violation of any of the provisions of this chapter, the Code Compliance Officer shall forthwith notify the owner, agent, contractor, superintendent or architect engaged in working on such building or structure, or part thereof, of the fact that such building or structure, or part thereof, has been or is being worked on contrary to the provisions of this chapter and shall specify briefly in such notice in what manner the provisions of this chapter have been violated and shall require the person so notified to forthwith make such building or structure, or part thereof, conform with the provisions of this chapter, specifying in such notice the time within which such work shall be done.
B. 
If at the expiration of the time set forth in such notice the person so notified shall have refused, neglected, or failed to comply with the request made in such notice and to have such building, structure, or part thereof, concerning which notice was sent, changed so as to conform to and comply with the provisions of this chapter, the Code Compliance Officer shall have the authority, and it shall be his duty, to request the City Attorney to institute proceedings in the Circuit Court for an order compelling such person to conform to the provisions of this chapter, or authorizing demolition of such building or structure, or part thereof, as shall or may have been worked on in violation of the provisions or any of the provisions of this chapter, and the cost of such work shall be charged to and recovered from the owner of such building or structure or from the person for whom such building or structure is being worked on, in the manner provided in this article.
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.
A. 
The fire limits shall be comprised of the areas containing congested business, commercial, manufacturing, and industrial uses such as the downtown or in which such uses are developing, including any contiguous commercially zoned district, any part of which has dimensions greater than 600 feet in length and 600 feet in width.
B. 
Any building or structure within the fire limits of the City which has or may be damaged by fire, decay or other cause to the extent of 50% of its appraised value shall be torn down and removed. Any party aggrieved by the application of this section by the Code Compliance Officer may appeal the decision to the Construction Board of Appeals.