[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":
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 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.
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 the Village.
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 members of the public or property.
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 Village.
J.
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.
K.
Those vacant buildings with unguarded openings shall be deemed to
constitute a fire hazard and to be unsafe within the provisions of
this chapter.
L.
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:
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 chapter,
it shall be ordered repaired.
C.
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.
A.
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:
B.
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)]
