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96-123 - . . . 1 I Resolution No. 96-123 RESOLUTION DECLARING CERTAIN PROPERTY TO BE PUBLIC NUISANCE ( 618 Wellington Ave ue) WHEREAS, inspections of a structure 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 I numerous outstanding property maintenance code violations and constitutes a fire hazard; and WHEREAS, said structure, in its dilapidated state, is dangerous and unsafe and constitutesthreat to the public health, safety and welfare of the rea.aldents 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 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 t rough 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 618 Wellington Avenue, Kane County, Illinois, and legally described as : That part of Lot 7 of William E . Bent ' s Addition to Elgin, described as follows : Commencing at the Northeast corner of Lot 6 of said addition; thence southerly parallel with westerly line of the right of way of the Chicago and Northwestern Railway Company, being the westerly line of a 1 rod alley lying westerly of and adjoining said railway right of way 36 rods for the point of Ibeginning; thence southerly parallel with said westerly right of way line 4 rods; thence West parallel with the northerly line of said Lot 7 to the easterly right of way line of the Chicago, Aurora and Elgin Railway Company; thence northerly along said east rly right of way line to a line drawn westerly parallel with the northerly line of said Lot 7 f om the point of beginning; thence easterly along Said parallel line to the point of beginning, in tie 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 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 recrd. 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 (e) . s/ Kevin Kelly Kevin Xelly, Mayor Presented: April 24 , 1996 Adopted: April 24 , 1996 Omnibus Vote: Yeas 7 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • El n ;, , Agenda Item ," No. \f --/ a April 5, 1996 TO: Mayor and Members of the CityCouncil Y � FROM: Richard B. Helwig, City Manager SUBJECT: Declaration of Public Nuisances - 213/215 Center Street, 83 Maple Street, 618 Wellington Avenue, and 276 Ann Street PURPOSE The purpose of this memorandum is to," request approval of a 0.14resolution declaring the properties located at 213/215 Center Street, 83 Maple Street, 618 Wellington Avenue, and 276 Ann Street to be public nuisances which must be repaired or demol- ished. BACKGROUND State statutes (Section 11-31-1(3) ) of the Illinois Municipal Code (65 ILCS 5/11-31-1(e) ) provides expedited demolition powers to municipalities to issue repair or demolish orders for certain structures. The removal of nuisance properties is available when the City determines the property is open and vacant and poses a threat to the commtinity. Once the determi- nation is made, the building can be placarded with a two-by- two-foot notice stating the building will be demolished if it is not repaired. Within 30 days of posting the placard, the City must send a notice by certified mail to the record property owners and lienholders stating its intention to demolish the building. The City must also publish a similar notice for three consecu- tive days in a newspaper. A person objecting to the City's intent to demolish the building may; file a lawsuit objecting to the demolition in the Circuit Court of Kane County. The City Council authorized the same; procedure for the removal of 675 Wellington in October, 1995, The demolition of that property took place in March, 1996 . Declaration of Public Nuisances April 5, 1996 ►. Page 2 213/215 Center Street The house at 215 Center Street is a vacant, two-story struc- ture that has been boarded and vacant Since October, 1994. The Department of Code Administration ha$ been called back to the property repeatedly to re-board it because people continue to break into the building. Located in the midst of downtown, the property maintenance case lists 69 violations including graffiti, rodents, deteriorated soffits and fascia, lack of exterior surface coating, illegal wiring, missing smoke detec- tors, inoperative furnace, leaking water, unsanitary condi- tions, and other miscellaneous violations. The current owner of the property is Old Kent Bank. Old Kent took the property on a foreclosure and is in the process •of selling the property. A closing is anticipated on April 12. In any case, the current zoning of the property will allow only a commercial use on the first floor of the property. The second floor can be a residential use. The declaration of this property as !a public nuisance will help ensure it is either repaired in dompliance with the code or is instead demolished. 83 Maple Street elk The subject property is a single-family structure that has fallen into extreme disrepair. The property was red-tagged as unfit for human habitation in May, 1995. There is junk and debris, inoperable vehicles, holes in the roof, soffits and fascia rotted, and illegal wiring. The siding is severely deteriorated and the attached garage is partially collapsed and in danger of complete failure. There has not been an interior inspection to date. A judgement of $14,350 is pend- ing from a 1982 court case. Any action short of demolition is judged to be futile. 618 Wellington Ave The single-family property has been the subject of Police and Code Administration attention since 1992. This property has been repeatedly in violation over the past 15 years and has been the subject of several court actions. Apart from weed complaints, the first major code violation case began in late 1992, for outside storage of junk and debris. The storage of materials,) including a refrigerator, weights, a vehicle and trailer, wa$ not corrected. The court entered a judgment for $5,250 in July, 1993. The property continued to deteriorate and a new case was begun for exterior code violations. Once again, the court was forced to enter a judgement, this time for $16,100. it Declaration of Public Nuisances April 5, 1996 Page 3 e A third major case began in June, 1995, for an abandoned car, junk and debris in the yard, an interior inspection warrant was solicited and granted by the court 3;n August, 1995. The building was immediately red-tagged as Unfit for human occu- pancy. Violations included illegal wiring, open junction boxes, exposed wiring and an open sewer line. The long-term viability of the structure has been compromised because numerous walls have been removed from the first floor living area. There is no basement, only an exposed founda- tion. A building permit was secured in ;October, 1995 but the permit expires this month and no work has commenced other than basic rubbish clean-up around the yard. 276 Ann Street The subject property has been in variops states of disrepair since at least 1992. The entire . strt'cture has been vacant since being declared unfit for human habitation in September, 1995. Numerous violations including rgdents, illegal wiring, painting, open plumbing lines, blocked exit doors, unsanitary conditions, inoperative smoke detectors, illegal storage, and unpaved parking. Overcrowding had been; another problem at the property. The second floor area, converted into. another apartment, has ceiling heights of 6 ' ;110" which is below the code requirement. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED NTACTED None. FINANCIAL IMPACT Cost of demolition, estimated at $35,000, would be charged to the Code Administration Department , under account number 010-2906-736 .33-02, Property Maintenance Disposal. A budget transfer from the General Fund contingency account will be necessary for this nuisance abatement,. Price quotations will be obtained and brought before the City Council. Liens for the demolition costs would be placed On these properties . LEGAL IMPACT Code Administration submitted its files to the Legal Deart- p ment for processing of demolition actions. Once the declara- tions are approved and the time allowed for code compliance has elapsed, the City can pursue hasting the buildings demol- ished. . ALTERNATIVES The alternatives are to either abate the nuisances through demolition or to pursue code compliaTce in housing court. Declaration of Public Nuisances April 5, 1996 Page 4 risk RECOMMENDATION It is recommended the Declaration of Public Nuisance resolu- tion for this property be approved so that the demolition actions can proceed. Respectfully submitted, 414-41- Clay J. Pearson, Director Department of Code Administration and Neighborhood Affairs V diel Erwini*Jeftsch Corpo'rationj Counsel Richard B. Helwig City Manager CJP/sl