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.
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.