95-220 .
Resolution No. 95-220
RESOLUTION
DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE
( 675 WELLINGTON AVENUE)
WHEREAS, inspections of a stru6ture located on the
property hereinafter described have been made by inspectors of
the Department of Code Administration and Neighborhood Affairs
of the City of Elgin; and
WHEREAS, said structure consist of a single family
residence which has been converted into a multi-family
property; and
WHEREAS, said structure is in a state of disrepair, open,
littered with various debris, has numerous outstanding
property maintenance code violations and constitutes a fire
hazard; and
WHEREAS, said structure, in its , dilapidated state, is
dangerous and unsafe and constitutes a threat to the public
health, safety and welfare of the residents of the City of
Elgin, Illinois; and
WHEREAS, the owner of said structure has refused, despite
repeated demands, to repair or demolish the structure; and
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate
authorities of each municipality ma Y define, prevent, and
abate nuisances; and
WHEREAS, 65 ILCS 5/11-31-1 et Seq. provides that the
corporate authorities of each municLpality may cause the
demolition, repair or enclosure of dangerous and unsafe
buildings or uncompleted and abandoned uildings; and
WHEREAS, the City of Elgin is a h me rule municipality as
defined in Article VII, Section 6A of he 1970 Constitution of
Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the adoption of a resolution declaring a
property to be a public nuisance and providing for the
abatement of such a public nuisance through the demolition or
repair of the structures thereon pertains to the government
and affairs of the City of Elgin.
. .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . That the structure 1Pcated on the property
commonly known as 675 Wellington Avenue, Kane County,
Illinois, and legally described as :
That part of Section 24 , Tpwnship 41 North,
Range 8 East of the Third Principal Meridian,
described as follows : Commencing in the center of
an extension of Raymond Street at a point 3 chains
and 2 links south of the south bbundary line of P.
Van Nostrand' s Addition to Elgin; thence westerly on
a line parallel with the said south boundary line
9 . 8 rods to a point for the beginning of boundary;
thence southerly on a line parallel with the west
boundary line of said Raymond Street extended 96 1/2
links; thence westerly on a line parallel with the
south boundary line of P. Van Nostrand' s said
addition 8 . 6 rods to the right of way of Chicago and
Northwestern Railroad Company; thence northerly
along the east boundary line of said right of way 96
1/2 links; thence easterly on a line parallel with
the south boundary line of P. Van Nostrand' s said
addition about 8 . 6 rods to the point of beginning of
boundary, otherwise known as lo7. CCCXXXIX of the
County Clerk' s Subdivision, City of Elgin, Kane
County, Illinois, (excepting rail ay (or Wellington)
Avenue and that part thereof de cribed in Deed to
Alek Szilasi and Katie Szilasi dated September 21,
1921 and recorded as Document 201$55 and included in
the following description: tliat part of said
Section 24 described by beginning in the center of
said Raymond Street at a point 3 . 02 chains south of
the south line of said P. Van Nostrand' s Addition;
thence westerly on a line parallel with said south
line 9 . 8 rods; thence southerly parallel with the
west line of said Raymond Street 41 . 61 feet for a
point of beginning; thence continuing southerly on a
line parallel with the west line of Raymond Street
30 feet; thence westerly on a line parallel with the
said south line of P. Van Nostran1' s Addition to the
east line of Railway Avenue; thence northerly along
the east line of said Railway 'Avenue to a point
where a line drawn easterly and parallel to the
south boundary line of P. Van Nostrand' s Addition
would intersect the point of beginning; thence
Easterly parallel with the South line of said P. Van
Nostrand' s Addition to the point of beginning) , in
the City of Elgin, Kane County, Illinois
is hereby declared to be a public nuisince.
. .. .
Section 2 . That the owners or persons in control of said
premises are hereby directed to abate said public nuisance by
demolishing or repairing the structures located upon the above
described property within fifteen ( 15) days after receipt of a
copy of this resolution.
Section 3 . That the City Clerk is hereby directed to
mail certified copies of this resolution to the owners of
record and lienholders of record.
Section 4 . That upon failure of t e owner or lienholders
of record to abate the public nuisanc described herein, the
Corporation Counsel be and is hereby directed to seek
demolition of the structure described above in accordance with
the provisions of 65 ILCS 5/11-31-1 et Seg.
s/ K7in Kelly
Kevin elly, Mayor
Presented: October 25, 1995
Adopted: October 25, 1995
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
i' !!!.. E511'
Agenda Item No. a
do,...f.
v ...
40_,.,„.•
October 6, 1995 CA9-yi c2)
TO: Mayor and Members of the City douncil
FROM: Richard B. Helwig, City Manager
SUBJECT: Declaration of Public Nuisance
675 Wellington Avenue
PURPOSE
The purpose of this memorandum is to request that the Mayor
and members of the City Council approve a resolution declaring
the property located at 675 Wellington Avenue to be a public
nuisance.
BACKGROUND
eft The house at 675 Wellington Avenue ii a vacant, two-story
residence that has been the subject of Code Administration
action since 1992 . After 15 drug-related arrests were made at
the premises in 1992 , Code Administration initiated proceed-
ings to have the premises secured and declared unfit for human
habitation.
For the past three summers, the City has been required to cut
overgrown grass and weeds on the premises . In September,
1994 , Code Administration received a cOmplaint that water was
pouring out of the building. An inspeCtion revealed a broken
water pipe on the premises which was repaired by the City' s
Water Department. Beth Jones , the Cityrs structural engineer,
was called in to assess the damage. 1 Jones determined the
structural framing on the south porch not capable of bear-
ing the imposed live and dead loads, tie foundation mortar is
washing, the brick siding required re-pointing and that the
ceiling and floors have deteriorated so that they cannot be
repaired.
1
Correspondence with the owners during the last three years has
generated no response. On January 31 1995, the owners were
sent a notice to bring the property into compliance or face
demolition. A plan for rehabilitating the structure was
ever commenced.
submitted to the department, but work n
rft
1
11
. ;Declaration of Public Nuisance - 675 Wellington
October 5, 1995
Page 2
The building' s present condition constitutes an imminent
ell.' threat to the public 's health, safety and welfare, and the
owner has left the City with no recourse 1 but to demolish the
premises . 1
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
None.
FINANCIAL IMPACT 1
Cost of demolition, estimated at $6 , 500 ; would be funded by
the Code Administration Department uider account number
010-2906-736 . 33-02 , Property Maintenance - Disposal . Price
quotations will be obtained and brought before the City Coun-
cil for approval . A lien for the demolition cost would be
placed on the property.
LEGAL IMPACT
Code Administration submitted its file tO the Legal Department
for processing of a demolition action. After reviewing the
department ' s file, a resolution for a Declaration of Public
Nuisance was prepared so that the department could pursue a
demolition action. Once the declaratiOn is passed and the
time for correction has elapsed, the City can sue to have the
rh building demolished.
11
RECOMMENDATION
Approve the Declaration of Public NuisanOe resolution for this
property so that the demolition action can proceed.
Respectfully submitted,
) 7
Clay, . Pearson, Director
4/
Code Administration and
Neighborhood Aff •
ic-e--
-,I.e. .......
1 1
Erwin W,_ lifiltsch
Corporation Counsel
• 1
1
U.212_ 11C... 1 ' L1
' d -C---
1
1
Richard B. IFIelwig
City Manager
eglik CJP/mjm
1
•
RRES/NUISANCE. 675
11°.` Resolution No. 95-
RESOLUTION
DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE
(675 WELLINGTON STREET)
WHEREAS, inspections of a structure located on the
property hereinafter described have beenmade by inspectors of
the Department of Code Administration and Neighborhood Affairs
of the City of Elgin; and
WHEREAS, said structure consists of a single family
residence which has been converted into a multi-family
property; and
WHEREAS, said structure is in a state of disrepair, open,
littered with various debris, has Inumerous outstanding
property maintenance code violations and constitutes a fire
hazard; and
WHEREAS, said structure, in its dilapidated state, is
dangerous and unsafe and constitutes al threat to the public
health, safety and welfare of the residents of the City of
Elgin, Illinois; and
WHEREAS, the owner of said structure has refused, despite
repeated demands, to repair or demolish the structure; and
WHEREAS, 65 ILCS 5/11-60-2 provides that the corporate
authorities of each municipality may define, prevent, and
abate nuisances; and
WHEREAS, 65 ILCS 5/11-31-1 et seq. provides that the
corporate authorities of each municipality may cause the
demolition, repair or enclosure of Idangerous and unsafe
buildings or uncompleted and abandoned buildings; and
WHEREAS, the City of Elgin is a ho a rule municipality as
defined in Article VII , Section 6A of the 1970 Constitution of
Illinois; and.
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs;
and
WHEREAS, the adoption of a resolution declaring a
property to be a public nuisance and providing for the
abatement of such a public nuisance through the demolition or
repair of the structures thereon pertains to the government
and affairs of the City of Elgin.
NOW, THEREFORE, BE IT RESOLVED BY1THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS:
•
Section 1 . That the structure located on the property
^ commonly known as 675 Wellington Street, Kane County,
F Illinois, and legally described as :
That part of Section 24 , Toinship 41 North,
Range 8 East of the Third Principal Meridian,
described as follows : Commencing in the center of
an extension of Raymond Street at a point 3 chains
and 2 links south of the south boundary line of P.
Van Nostrand' s Addition to Elgin;i thence westerly
on a line parallel with the said sduth boundary line
9 . 8 rods to a point for the beginning of boundary;
thence southerly on a line parallel with the west
boundary line of said Raymond Street extended 96.
1/2 links; thence westerly on a line parallel with
the south boundary line of P. Vah Nostrand' s said
addition 8 . 6 rods to the right of way of Chicago and
Northwestern Railroad Company; thence northerly
along the east boundary line of said right of way 96
1/2 links; thence easterly on a line parallel with
the south boundary line of P. Vain Nostrand' s said
addition about 8 . 6 rods to the point of beginning of
boundary, otherwise known as lot' CCCXXXIX of the
County Clerk's Subdivision, City of Elgin, Kane
County, Illinois, (excepting railway (or Wellington)
Avenue and that part thereof described in Deed to
Alek Szilasi and Katie S::ilasii dated September
21, 1921 and recorded as Dociment 201555 and
included in the following descriptiion: that part of
said Section 24 described by beginning in the center
of said Raymond Street at a point 3.02 chains south
of the south line of said P. Van Nostrand' s
Addition; thence westerly on a line parallel with
said south line 9 .8 rods; thencesoutherly parallel
with the west line of said Raymond Street 41 .61 feet
for a point of beginning; thence continuing
southerly on a line parallel with the west line of
Raymond Street 30 feet; thence westerly on a line
parallel with the said south line of P. Van
Nostrand' s Addition to the east line of Railway
Avenue; thence northerly along the east line of said
Railway Avenue to a point where a line drawn
easterly and parallel to the south boundary line of
P. Van Nostrand' s Addition would intersect the
point of beginning; thence EastOrly parallel with
the South line of said P. Van Nostrand's Addition
to the point of beginning) , in Ithe City of Elgin,
Kane County, Illinois
is hereby declared to be a public nuisance.
Section 2 . That the owners or persons in control of said
premises are hereby directed to abates said public nuisance by
demolishing or repairing the structurOs located upon the above
described property within fifteen ( 15) days after receipt of a
copy of this resolution.
Section 3 . That the City Clerk i hereby directed to
mail certified copies of this resolution to the owners of
record and lienholders of record.
Section 4 . That upon failure of the owner or lienholders
of record to abate the public nuisance (described herein, the
Corporation Counsel be and is hereby directed to seek
demolition of the structure described above in accordance with
the provisions of 65 ILCS 5/11-31-1 et seq.
Kevin Kelly, Mayor
Presented:
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
•r
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