Village of Westville, IL
Vermilion County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Westville as Ch. 25, Art. V, of the 2015 Code. Amendments noted where applicable.]
(See 65 ILCS Sec. 5/11-31-1)
The Building Inspector or his designated representative shall report to the Village Board when any building or structure in the Village is in a dangerous condition and constitutes a nuisance. Hereinafter, all references to Building Inspector shall include "his designated representative."
The owner of such building shall repair or alter it so as to make it safe within 90 days from the time the notice is served upon him in the manner provided by law.
The Building Inspector, with the approval of the Village Board, 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 Village officials. 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."
All buildings or structures which have any or all of the following defects shall be deemed "dangerous and unsafe buildings":
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.
Those which, exclusive of the foundation, show 31% or more of damage or deterioration of the supporting member or members, or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
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.
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 the Village.
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.
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.
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.
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
Those which, because of their condition, are unsafe, unsanitary, or dangerous to the health, morals, safety or general welfare of the people of this Village.
Those buildings existing in violation of any provision of the Building Code of this Village, or any provision of the Fire Prevention Code, or any other ordinances of the Village.
Those vacant buildings with unguarded openings shall be deemed to constitute a fire hazard and to be unsafe within the provisions of this chapter.
Those buildings which are uncompleted or abandoned.
The following standards shall be followed in substance by the Building Inspector in ordering repair, vacation, or demolition:
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.
If the dangerous and unsafe building can reasonably be repaired so that it will no longer exist in violation of the terms of this chapter, it shall be ordered repaired.
In any case where a dangerous and unsafe building is 50% damaged or 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 chapter, 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 chapter, or any ordinance of the Village, or statute of the State of Illinois, it shall be demolished. (See Chapter 360, Zoning, Article VII, Nonconforming Uses, of the Village Code.)
All dangerous and unsafe buildings within the terms of this chapter are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore or hereinafter provided.
The Village 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 Building Inspector.
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 60 days after said cost and expense is incurred, the Village or person performing the service by authority of the Village, 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 description of the real estate sufficient for identification thereof;
The amount of money representing the cost and expense incurred or payable for the service; and
The date or dates when said cost and expense was incurred by the Village.
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 Village or person in whose name(s) the lien has been filed and said release may be filed of record as in the case of filing a 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 may be commenced at any time after the date of filing of the notice of lien.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]