[Adopted as Ch. 15.20 of the 1997 Code]
The term "dangerous buildings" as used in this article is defined
to mean and include:
A.
Any building, shed, fence or other man-made structure which is dangerous
to the public health because of its condition, and which may cause
or aid in the spread of disease or injury to the health of the occupants
of it or neighboring structures.
B.
Any building, shed, fence or other man-made structure which, because
of faulty construction, age, lack of proper repair or any other cause,
is especially liable to fire and constitutes or creates a fire hazard.
C.
Any building, shed, fence or other man-made structure which, by reason
of faulty construction or any other cause, is liable to cause injury
or damage by collapsing or by a collapse or fall of any part of such
structure.
D.
Any building, shed, fence or other man-made structure which, because
of its condition or because of lack of doors or windows is available
to and frequented by malefactors or disorderly persons who are not
lawful occupants of such structure. Any such dangerous building in
the City is declared to be a nuisance.
It is unlawful to maintain or permit the existence of any dangerous
building in the City; and it is 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.
[Amended 1997 by Ord. No. 1604]
A.
Notice. Pursuant to 65 ILCS 5/11-31-1(a), whenever the Building Official
or Health Officer shall be of the opinion that any building or structure
in the City is a dangerous building, he or she shall file a written
statement to this effect with the City Clerk. The Clerk shall thereupon
cause written notice to be served upon the owner thereof, the occupant
thereof, and any lien holders of record, by registered mail or by
personal service. The notice shall state that the building has been
declared to be in a dangerous condition, and that the dangerous condition
must immediately be removed or remedied by repair, alteration or demolition
of the building. Such notice may be in the following terms:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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To_____ (owner/occupant/lien holder) of the premises known and
described as_____
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You are hereby notified that (describe building) on the premises
above mentioned has been condemned as a nuisance and a dangerous building
after inspection by _____ The causes for this decision are (insert
facts as to dangerous condition). You must remedy this condition or
demolish the building immediately, or the City will seek a Court Order
allowing the City to demolish the dangerous building, or otherwise
remedy the dangerous condition, at the owner's or owners' expense.
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B.
City may demolish the dangerous building or remedy the dangerous
condition upon granting of court order. If the person receiving the
notice has not complied therewith or taken an appeal from the dangerous
condition determination within 15 days from the date of service of
the notice, the City may file suit in the Circuit Court of competent
jurisdiction for an order allowing the City to demolish the dangerous
building or otherwise remedy the dangerous condition, at the expense
of the owner or owners.
C.
City's costs recoverable by lien. The City's costs of demolition
of the dangerous building or repair of the dangerous condition is
recoverable by property lien, to be filed within 180 days after the
remedial action.
[Amended 1997 by Ord. No. 1604]
The following applies to abatement of open and vacant dangerous
buildings posing an immediate and continuing hazard to the community:
A.
Notice. Pursuant to 65 ILCS 5/11-31-1(e), whenever the Building Official
or Health Officer shall be of the opinion that a residential or commercial
building three stories or less in height is a dangerous building,
and furthermore is a building which is open and vacant, and which
poses an immediate and continuing hazard to the community requiring
expedited demolition of the building or removal of the hazard, he
shall file a written statement to this effect with the City Clerk.
The Clerk shall thereupon cause the following notices to be carried
out as soon as practical:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
A notice not less than two feet by two feet in size shall be
posted on the front of the building, dated the date of the posting,
stating:
(a)
That the building has been declared in a dangerous condition and
an immediate and continuing hazard to the community;
(b)
The reason the dangerous condition is declared; and
(c)
That unless the dangerous building is demolished or the dangerous
condition otherwise remedied by the owner or owners or lienholders
of record, same will be performed by the City, at the owner or owners'
expense.
(2)
As soon as practical, and not later than 30 days after posting
of notice on the premises, a written notice shall be sent, by certified
mail, return receipt requested, to all owners of record of the property,
the beneficial owners of any Illinois land trust having title to the
property, and all lienholders of record in the property, stating the
intent of the City to demolish the dangerous building, or otherwise
remedy the dangerous condition, if action is not taken by the owner
or owners. Such notice may be in the following terms:
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To _____ (owner/lienholder) of the premises known and described
as _____. You are hereby notified that (describe building) on the
premises above mentioned has been condemned as a nuisance, a dangerous
building, and an immediate and continuing hazard to the community
by _____. The causes for this decision are (insert facts as to dangerous
condition). You must remedy this condition or demolish the building
immediately, or the City will do so, at the owner's or owners' expense.
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(3)
As soon as practical, and not later than 30 days after posting
of notice on the premises, a published notice shall be made in the
newspaper published or circulated in the City for three consecutive
days, setting forth:
(a)
The permanent tax index number and address of the building;
(b)
A statement that the property is open and vacant and constitutes
an immediate and continuing hazard to the community; and
(c)
A statement of the City's intention to demolish the dangerous building
or, if appropriate under the circumstances, correct the dangerous
condition, if the owner or owners or lienholders of record fail to
do so.
(4)
A person objecting to the proposed actions of the City may file
his or her objection in an appropriate form in a court of competent
jurisdiction.
B.
City may demolish the dangerous building or remedy the dangerous
condition without court order. If the owner or owners of the dangerous
building have not demolished same, or otherwise corrected the dangerous
condition, within 30 days of the mailing of notice to the owners of
record, the beneficial owners of any Illinois land trust having title
to the property, and all lienholders of record in the property, or
within 30 days of the last day of publication of the notice, whichever
is later, the City shall have the power to demolish the dangerous
building, or otherwise correct the dangerous condition, at the expense
of the owner or owners.
C.
City's costs recoverable by lien. The City's costs of demolition
of the dangerous building or repair of the dangerous condition are
recoverable by property lien, to be filed within 180 days after the
remedial action.
[Added 3-19-2007 by Ord.
No. 2536; amended at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
A.
Methamphetamine contamination of buildings or structures illegal.
It is unlawful to maintain or permit the existence of a building or
other structure in the City which has been used for the manufacture
or storage of methamphetamine (meth) until the abatement and cleaning
practices required by this section of the Dangerous Buildings Code
have been complied with, and it is unlawful to occupy such building
or structure or to permit the same to be occupied until said abatement
has been fully completed and an occupancy permit for the same has
been issued by the City's Building Official.
B.
Methamphetamine contamination abatement. Whenever a building or other structure or definable portion thereof is determined to have been exposed to toxic chemicals from the manufacture and/or storage of methamphetamine (meth) by a law enforcement officer, a health inspector, a City Building Official or other public safety officer, the building or structure or definable portion thereof suspected to be contaminated shall be required to be vacated and to remain unoccupied until cleaned and the contamination abated in accordance with the requirements of Subsection C of this section of the City's Dangerous Buildings Code.
C.
Methamphetamine abatement procedure. The owner(s) or other person
or party having the occupancy or control of a building or other structure,
or definable portion thereof, determined to be a dangerous building
or structure due to meth contamination shall be required to have performed,
by persons certified in hazardous material awareness and response,
the following before an occupancy permit to allow the occupancy and
use of the same will be issued by the City's Building Official:
(1)
Contact the local law enforcement agency to ensure that a hazardous
materials response team has removed all bulk chemicals and equipment
used to make meth.
(2)
Ventilate the building or structure before, during and after
cleanup.
(3)
Do not attempt to perform cleanup activities without using personal
protective equipment, including gloves, long sleeves, long pants,
sturdy shoes, a dust mask and protective eyewear.
(4)
Remove and dispose of all upholstered furniture, mattresses,
carpet, and other non-machine-washable items. These materials should
be double bagged when possible, and quickly disposed of in a landfill
to prevent reuse.
(5)
Remove and dispose of clothing, toys, bedding, bottles, and
other personal items used by infants and toddlers. Clothing and personal
items for older children and adults may be machine washed two times
in hot water and detergent.
(6)
Inspect appliances, wall board, ceiling tiles, and plumbing
fixtures throughout the entire building or structure. Remove and dispose
of all visibly contaminated items, or any items that have an odor.
Follow the disposal practices described above. If any plumbing fixtures
or drains need to be flushed, removed or replaced, contact a professional.
(7)
Thoroughly clean all surfaces using a detergent and water solution.
Be sure to wear proper personal protection, including gloves, long
sleeves, long pants, sturdy shoes, a dust mask and protective eyewear.
Be sure to change cleaning solution frequently. Rinse all surfaces
with clean water after using the detergent solution. Repeat the cleaning
and rinsing procedure two additional times.
(8)
Repaint surfaces after cleaning. An oil-based primer followed
by another coat of paint is recommended.
(9)
Replace all filters in the heating, ventilating and air conditioning
(HVAC) system, including window units. For HVAC systems with sheet
metal surfaces, each opening into the duct should be vacuumed and
washed at least two feet inside the duct. If this is not possible,
contact a HVAC professional.
(10)
Ventilate the building for three to five days after cleaning.
(11)
Contact a professional cleaning contractor if odors or stains
remain or reappear after cleaning.
(12)
Have the premises inspected and cultures taken for environmental
testing by a State of Illinois licensed hazardous materials team.
(13)
Submit a request for an occupancy permit and a report from a
state-licensed environmental laboratory to the Columbia Police Chief
and the Columbia Building Official showing the subject premises to
have a minimum reportable limit of contamination of less than 0.1
ug/wipe.
D.
Notice to abate toxic contamination.
(1)
Abatement notice. Whenever a law enforcement officer, Building Official, Health Officer, Fire Chief or other public safety officer has reasonable grounds to believe that a building or other structure or a definable portion thereof may be contaminated by toxic chemicals created by meth manufacture and/or storage, he or she shall file a written statement to that effect with the City's Chief of Police and/or the City's Building Official. The Building Official and/or the Police Chief or their designee shall thereupon cause written notice to be served upon the owner(s) of record of the building or structure and/or the person in charge of or in control of the same and any lien holder(s) of record, by registered mail or by personal service. The notice shall state that the toxic nuisance must be abated in accordance with the requirements of Subsection C hereof and that the premises must be immediately vacated and an occupancy permit to be issued by the City's Building Official shall not be issued and the occupancy thereof may not be restored until the contamination abatement has been completed to the satisfaction of the City's Police Chief and/or the City's Building Official or their designee.
(2)
Form of abatement notice. Such notice may be in the following
form:
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TO: __________ (owner/occupant/lienholders) of the premises
known and described as (or having the assigned address of) ______________________________.
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YOU ARE HEREBY NOTIFIED that (describe building or structure applicable thereto) on the premises above mentioned has been condemned as a nuisance and a dangerous building or structure after inspection by __________. The cause for this decision is the manufacture and/or storage of methamphetamine causing the likely contamination of the same by toxic chemicals. You must immediately vacate the premises or cause the same to be vacated until the toxic nuisance is abated following the procedures required by Subsection C of § 138-5.5 of the City's Municipal Code (a copy of which is attached hereto) and an occupancy permit has been issued by the City's Building Official to allow the building or structure to be occupied and used for occupancy. You are to clean the subject building or structure and abate said nuisance as required by said Subsection C of this § 138-5.5 of the City's Municipal Code within 60 days of date of this Notice (unless you are granted an extension by the City's Police Chief or Building Official or their designee) or the City will seek a Court Order allowing the City to abate the nuisance or demolish the building or structure, at the expense of the property owner.
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E.
Abatement by City. The City may abate the methamphetamine contamination
or demolish the building or structure upon the granting of a court
order. If the person receiving the notice has not commenced to comply
therewith within 15 days from the date of the service of the notice
or has commenced compliance but is not making a reasonable effort
to complete the same in the opinion of the City's City Council (based
upon advice received from the City's Police Chief and/or Building
Official), the City may file suit in a court of competent jurisdiction
seeking an order allowing the City to abate the toxic nuisance or
demolish the building or structure, at the expense of the property
owner.
F.
City's costs recoverable from property owner. The City's cost of
toxic nuisance abatement or demolition of a dangerous building or
structure due to methamphetamine contamination shall be recoverable
by a property lien and/or an action at law against the property owner
to be filed within 180 days after the remedial action.
Any frame building or a structure within the fire limits of
the City as hereinbefore prescribed by ordinance, which has been or
may be damaged by fire, decay or other causes to the extent of 50%
of its value, shall be torn down and removed, or rebuilt with nonflammable
walls.
A.
Evaluation of damage extent to be confirmed by three-member board.
Upon written notice by the Building Official or Health Officer to
the effect that a building or structure has been damaged to the extent
of 50% of its value, filed with the City Clerk, the Clerk shall notify
the Mayor and City Council. The Mayor, by and with the advice and
consent of the City Council, shall then appoint a three-person board
(including the naming of the chairman of said board) to confirm whether
or not such building or structure has been damaged to the extent of
50% of its value.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Notice.
(1)
The Clerk shall cause written notice of the appointment of this
three-person board to be served upon the property owner or owners,
by personal service or by regular mail at his or her last known address.
Such notice may be in the following terms:
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To _____, owner of the premises known and described as __________
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You are hereby notified that __________ has determined that
the building owned by you at _____, located within the fire limits
of the City, has been damaged by fire, decay or otherwise to the extent
of 50% of its value and that a board of three persons has been appointed
to verify this finding, which board shall hold its first meeting in
the City Hall on the _____ day of __________, _____ at the hour of
_____ o'clock, at which time it will determine whether or not this
finding is correct.
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(2)
If this finding is verified by the board of three members, and
it determines that the building in question has been damaged to the
extent of 50% of its value, the City Clerk shall cause written notice
of the finding to be served on the owner or owners, by personal service
or by regular mail at his or her last known address. The notice shall
clearly state it is the duty of the owner to tear down and remove
said building within 20 days after the finding of such board, or to
remodel it to comply with the requirements of new buildings in the
fire limits; and it shall be unlawful to occupy or permit the occupancy
of such building after such finding until it is so remodeled.
C.
Abatement. If the owner has not demolished the building, or otherwise brought the premises into compliance with this article, within 20 days of the board finding that the building has been damaged to the extent of 50% of its value, in addition to imposing the money penalty permitted by § 138-5.7, the City Clerk may declare the fire- or decay-damaged building a dangerous building and pursue City-conducted demolition, pursuant to the procedures and requirements of § 138-5.3 or 138-5.4, whichever is deemed to be appropriate under the circumstances.
Any person, firm or corporation violating any provision of this
article, or permitting any dangerous building, or any building or
structure to remain in a dangerous condition, or to remain in the
fire limits without remodeling as above provided for, after it has
been damaged to the extent of 50% of its value, shall be fined not
less than $100 nor more than $750 for each offense; and a separate
offense shall be deemed to have been committed on each day during
or on which a violation occurs or continues.
