96-122 r ,
Resolution No. 96-122
RESOLUTION
DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE
(276 Ann Street)
WHEREAS, inspections of a struOture 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 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 may define, prevent, and
abate nuisances; and
WHEREAS, 65 ILCS 5/11-31-1 provides that the corporate
authorities of each municipality may cause the demolition,
repair or enclosure of dangerous and unsafe buildings or
uncompleted and abandoned buildings; and
WHEREAS, the City of Elgin is a hOme rule municipality as
defined in Article VII , Section 6A of the 1970 Constitution of
Illinois; and
WHEREAS, a home rule unit may ,cercise 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 located on the property
commonly known as 276 Ann Street, Kane County, Illinois, and
legally described as :
That part of Lots 1 and 2 ii Block 14 of P .J.
Kimball ' s Jr. Third Addition to Flgin, described as
. , .
follows : Commencing at the SouthwEst corner of said
block; thence East along the So th line of said
block, 336 . 37 feet for the poi t of beginning;
thence East along said South line 0 feet to a point
33 . 16 feet East of the Southwest corner of said
Lot 2; thence North parallel with the West line of
said Lot 1, 132 feet; thence West parallel with the
South line of said Lots 2 and 1 , 50 feet to a line
drawn North, parallel with the est line of said
Lot 1, from the point of beginning; thence South
along said parallel line 132 feet to the point of
beginning, in the City of Elg' n, Kane County,
Illinois .
is hereby declared to be a public nuisance.
Section 2 . That the owners or perons 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 thirty ( 30) days after receipt of a
copy of this resolution.
Section 3 . That the Corporation Counsel 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(e) .
s/ Kevin Kelly
Kevin Kelly, Mayor
Presented: April 24 , 1996
Adopted: April 24 , 1996
Omnibus Vote: Yeas 7 Nays 0
Attest:
s/ Dolonna Mecum
Dolonna Mecum, City Clerk