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98-183 . . Resolution No. 98-183 RESOLUTION I DECLARING CERTAIN PROPERTY TO BE A PJBLIC NUISANCE ( 1042 Bellevue Avenue) WHEREAS, inspections of a structuFe located on the property hereinafter described have been made by inspectors of the Department of Code Administration and Preservation of the City of Elgin; and WHEREAS, said structure consists of a residential structure; and WHEREAS, said structure is in a statsof disrepair, open, littered with various debris and constitut s 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 .,e WHEREAS, 65 ILCS 5/11-60-2 provide that the corporate authorities of each municipality may defin , prevent, and abate nuisances; and WHEREAS, 65 ILCS 5/11-31-1 et seq. provides that the corporate authorities of each municipallity 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 resolutiolit 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 residential st]Fucture located on the property legally described as : . . Lot 4 in Block V ( five) of Botsford' s Addition to Elgin in the City of Elgin, Kane Cdunty, 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 saii public nuisance by demolishing or repairing the structure lo ated upon the above described property within fifteen ( 15 ) da ,s 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 the ' owner or lienholders 1 of record to abate the public nuisance escribed herein, the Corporation Counsel be and is hereby dir cted to apply to the Circuit Court of Kane County for an o der authorizing the demolition of the structure described abo e in accordance with the provisions of 65 ILCS 5/11-31-1 et seq. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22 , 1998 Adopted: July 22 , 1998 Omnibus Vote : Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . . Resolution No. 98-184 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE (710 East Chicago StreeF) WHEREAS, inspections of a structu e located on the property hereinafter described have been m de by inspectors of the Department of Code Administration and Preservation of the City of Elgin; and WHEREAS, said structure consists of a commercial building; and WHEREAS, said structure is in a state, of disrepair, open, littered with various debris and constitut(ls 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 et seq. 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 through the demoliti n or repair of the structures thereon pertains to the gove nment 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 commercial structure located on the property legally described as : That part of Lot 16 in County Clerk' s Subdivision of the Southwest 1/4 of Section 18 , Township 41 North, Range 9 , East of the Third . . Principal Meridian, located in the Cit ' of Elgin, and described as follows : Commencing at the Northwest corner of the Southwest 1/4 of said Section 18 and running thence South along the West line of said Section, 266 feet to the northerly line of Chicago Street extended; thence easterly along the northerly line of Chicago Street estended, 64 feet to a point on said northerly line of Chicago Street which shall be the place of beginning; thence South 67 degrees 15 minutes East along said northerly dine of Chicago Street, a distance of 239 feet; thenCe northerly 21 degrees 20 minutes East 136 feet; thence on a curve to the left having a radius of 147 . 55 feet, a distance of 122 feet to a point which is 304 . 9 feet northeasterly from the place of beginning; thence southwesterly parallel with the northwesterly line of Oakwood Boulevard, 304 . 9 feet to the place of beginning, in Cook County, Illirkis; excepting therefrom the following parcel : Part of Lot 16 in County Clerk' s Subdivision of the SOuthwest 1/4 of Section 18, Township 41 North, Range 9 , East of the Third Principal Meridian, located 01 the City of Elgin, in Cook County, Illinois ard described as follows : Commencing at the Northwest corner of the Southwest 1/4 of Section 18; thence South along the West line of said Section, 266 . feet to the northerly line of Chicago Streetextended; thence easterly along the northerly line extended and the northerly line of Chicago Street, 243 . 3 feet to the place of beginning; thence North 12 degrees 30 minutes East, 197 . 2 feet to a point in a line 80 . 0 feet distant from and at right angles to the northerly line of Oakwood Boulevard; thence northeasterly parallel to the northerly line of Oakwood Boulevard, 63 . 1 feet; thenc on a curve to the right having a radius of 147 . 55 feet, a distance of 122 .2 feet; thence South 21 derees 20 minutes West, 136 . 0 feet to a point in the ortherly line of Chicago Street, which is 59 . 7 feet from the place of beginning; thence North 67 degrees 15 minutes West along the northerly line of Chicago Street, 59 . 7 feet to the place of beginning, in the City of Elgin, Cook County, Illinois . is hereby declared to be a public nuisanc . 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 structure 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 the owner or lienholders of record to abate the public nuisance described herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Cook County for an order authorizing the demolition of the structure described above in accordance with the provisions of 65 ILCS 5/11-31-1 et seq. s/ Kevin elly Kevin Kelltil Mayor Presented: July 22 , 1998 Adopted: July 22 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk • Resolution No. 98-185 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE ( 476 Fremont Street) 11 WHEREAS, inspections of a structue located on the property hereinafter described have been made by inspectors of the Department of Code Administration andll Preservation of the City of Elgin; and WHEREAS, said structure consists 11 of a residential structure; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris 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 provide 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 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 through the demolition or repair of the structures thereon pertains to the goveOlment and affairs of the City of Elgin. NOW, THEREFORE, BE IT RESOLVED BY TiiE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the residential structure located on the property legally described as : • Lot 8 in Eno and Joslyn' s Subdivision to Elgin, in the City of Elgin, Kane County, 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 structure loCated upon the above described property within fifteen ( 15) day S 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 the owner or lienholders of record to abate the public nuisance dOscribed herein, the Corporation Counsel be and is hereby directed to apply to the Circuit Court of Kane County for an oder authorizing the demolition of the structure described above in accordance with the provisions of 65 ILCS 5/11-31-1 et seq. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22, 1998 Adopted: July 22 , 1998 Omnibus Vote : Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk . . Resolution No. 98-186 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PUBLIC NUISANCE ( 153 Highbury StreetY1 WHEREAS, inspections of a structure located on the property hereinafter described have been Made by inspectors of the Department of Code Administration andll Preservation of the City of Elgin; and WHEREAS, said structure consists of a residential structure; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris 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 provide that the corporate authorities of each municipality may define, prevent, and abate nuisances ; and WHEREAS, 65 ILCS 5/11-31-1 et sec1. provides that the corporate authorities of each municip lity 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 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 TilE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the residential structure located on the property legally described as : • Lot 95 in Parkwood Village ynit No. 2 a Subdivision of part of the Northeast 111/4 of Section 18, Township 41 North Range 9 East l of the Third Principal Meridian, in Cook County, Illinois . is hereby declared to be a public nuisance. 11 Section 2 . That the owners or person in control of said premises are hereby directed to abate said public nuisance by demolishing or repairing the structure 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 llowners 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 apply to the Circuit Court of Cook County for an order authorizing the demolition of the structure described aboe in accordance with the provisions of 65 ILCS 5/11-31-1 et seci s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22 , 1998 Adopted: July 22 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk Resolution No. 98-187 RESOLUTION DECLARING CERTAIN PROPERTY TO BE A PyBLic NUISANCE ( 271 Villa Street) 11 WHEREAS, inspections of a structure located on the property hereinafter described have been made by inspectors of the Department of Code Administration and 1Preservation of the City of Elgin; and WHEREAS, said structure consists 11 of a residential structure; and WHEREAS, said structure is in a state of disrepair, open, littered with various debris 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 et sec4 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 gcvernment and affairs; and WHEREAS, the adoption of a reso1utioi declaring a property to be a public nuisance and providing fortthe 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 TOE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That the residential structure located on the property legally described as : . . , That part of Lot 6 in Block 7 of James T. Gifford' s Addition to Elgin, lying Est of the line described as follows : Beginning atapoint in the North line of said lot, 38 feet and 3 inches West of the Northeast corner thereof and running thence southwesterly to a point in the southerly line of said Lot 77 feet and 4 inches westerly from the Southeast corner thereof, in the City of Elgin, Kane County, Illinois . is hereby declared to be a public nuisance. 1:1.' Section 2 . That the owners or persons in control of said premises are hereby directed to abate sai1 public nuisance by demolishing or repairing the structure lo ated upon the above described property within fifteen ( 15) da s 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 theowners 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 apply to the Circuit Court of Kane County for an order authorizing the demolition of the structure described aboVe in accordance with the provisions of 65 ILCS 5/11-31-1 et seq. s/ Kevin Kelly Kevin Kelly, Mayor Presented: July 22 , 1998 Adopted: July 22 , 1998 Omnibus Vote: Yeas 6 Nays 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk ,,,(OF Etc • (.0'). - • ,/i, City of Elgin Agenda Item No. 14 „ r.... 0,„,„\\, ' July 2 , 1998 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Declaration of Public Nuisance PURPOSE The purpose of this memorandum is to recalliest approval of a resolution declaring the properties located at 710 East Chicago Street, 1042 Bellevue Avenue, 271 Villa Street, 153 Highbury Drive, and 476 Fremont Street to be public nuisances which must e repaired or demolished. BACKGROUND Section 11-31-1 of the Illinois Municipal]. Code (65 ILCS 5/11-31-1 (e) provides expedited demolition powers to mlunicipalities to issue repair or demolish orders for certain structures . There is legislation (Pb. awaiting the Governor ' s signature amending this statute to include commercial buildings . The demolition l of nuisance properties is available when the City determines the property is open and vacant and poses a threat to the community. Once the determination 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 c:yners and lienholders stating its intention to demolish the building. The City must also publish a similar notice for three consecutive days in a newspaper. A person objecting to the City' s intent to demo ish the building may file a lawsuit objecting to the demolition i the Circuit Court of Kane County. Demolition is not guaranteed but through these actions the City is pursuing another attempt to abate nuisance problems . The City Council authorized these proceedings for the removal of 213/215 Center Street, 83 Maple Street and 276 Ann Street in April, 1996 and 675 Wellington in November, 195 . Each of those properties was demolished. Authorization was also given to proceed on 618 Wellington Avenue but the owner has nade modest progress and the demolition window of opportunity was all wed to expire . 710 East Chicago Street The property at 710 East Chicago Street Contains a commercial building rk that is vacant and in severe disrepa4. The property contained a restaurant and auto service station. Over the past few years, the only use in the building has been an auto repair shop. The last restaurant use ended in May, 1993 . I . Declaration of Public Nuisance July 2 , 1998 Page 2 elm The exterior of the building is mainly composed of masonry siding which is cracking and splitting in numerois locations . The structural l integrity has been compromised and woul be extremely expensive to repair. The current owner has not demonstrated any firm intentions to make the required repairs . The Departmenthas initiated several court actions over the past four years in an effort to get the owner to make some repairs . Recent conversations with Ole owner have indicated that he does not intend to make any substantial repairs and may, in fact, be looking to dispose of the property. It is currently vacant and secure but r quires regular attention by the City to monitor the exterior conditio s . 1042 Bellevue Avenue This property is a small single family rental property. There has been some recent Police activity on the property for illegal drug problems . An inspection in May, 1998, at the request of the Police Department, revealed that major interior code violations exist . The building has been stripped of all plumbing and electrical systems and extensive structural work is being cond cted without the appropriate permits . The Department has an active ourt case on this property. At a court hearing on May 18, 1998, the property owner indicated that he might be willing to pursue a demolition but he would not make a firm commitment . The owner has reestablished a temporary electrical service at the property. rThe building has been condemned and placarded. Because of the small size of the building and the extensive repair work that will be needed to bring this property into code complilance, demolition is the most realistic option. 271 Villa Street The building on this property is a residential structure that had been illegally converted. The lawful use of the property is a single family residence . The property was vacaed in January, 1996 . It has remained vacant since that time. The owner eventually boarded the property in June, 1996 . The owner began deconverting the property but failed to obtain the necessary permits . Work on the property was discontinued and it remains vacant and boarded at this time. The Department has received numerous calls about the building being unsecure and has had to resecure it four times . The owner has demonstrated that 1e does not intend to make the necessary corrections unless he is forced to do so. The property is being used as a dumping site for vehicle and trash. A declaration of public nuisance will allow the City to ut the necessary pressure on the property owner to finish the repair work or have the building demolished. The building' s location on a major entry corridor amplifies the need to take these actions as soon as possible . r 153 Highbury Street The building at this address is a single family residence that is vacant and boarded up. The Department first received a complaint on the property in February, 1995 . At that time the building was found I , Declaration of Public Nuisance July 2 , 1998 Page 3 eift. to be abandoned and unsecure . The property was secured by a management company working for HUD. The property is under the control of HUD and is still vacant at this time . The Department has had to make several inspections because of the Iuilding becoming unsecured. There have been complaints of trash and debris on the property. The management company responsible for the property has been cooperative when contacted by the City. Several complaints have been received about the grass not being cut and junk and debris in the yard. This pr perty is located in a clean, well maintained neighborhood and is prese ting a blighting problem for the area. The neighborhood group has indicated that this property is a major concern for them and they would like to see some action taken to resolve the matter. HUD has not indicated that they intend to take any action in the near future so a declaration of public nuisance will put the City in a position to take the necessary actions to remove this blight from the neighborhood. 476 Fremont Street The building at this property is a singl family house that is vacant and condemned. The property was first condemned in January, 1997 . The Police Department had difficulty ini keeping people out of the property which was being used for varidus illegal activities . The owner made some attempts to properly sec4re the building but the City was forced to board up the property in June, 1997 for a cost of r $1, 397 . 00 . A lien has been filed on the property for this expense . The interior of the building has sustaned severe damage and will require extensive structural, plumbing, heating, and electrical work to bring it into code compliance . The exterior conditions are not severe but the appearance of the boarded up building is causing a blight in a neighborhood that has been marking good progress in improv- ing its housing stock. L Since June of 1997, the Code Administration staff has made an inspec- tion each month to ensure that the building remains secure . The owner has not made any attempts to repair the building and in a conversation with him this week, he stated that he does not know if he will be able to put any money into the building. COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . FINANCIAL IMPACT qI Cost of demolition, estimated at $40, 000, would be charged to the Code Administration Department, account number 010-2906-736 .45-09, Property Maintenance Miscellaneous Services. Approximately $41, 800 currently exists to pay for this expenditure . olow . , ' Declaration of Public Nuisance July 2, 1998 Page 4 rib LEGAL IMPACT I; Section 11-31- (e) of the Illinois Munici al Code authorizes the City to initiate expedited demolition procedur s to remove open and vacant residential buildings two stories or less in height that are a continuing hazard to the community. The expedite procedures enable the City to demolish a building withoult initiating court action, requiring the property owner to file 4 lawsuit objecting to the demolition. In the event a property owner or lien holder files a lawsuit seeking to halt the demolition, at trial, the City will be required to prove the building is dangerous and unsafe and that repairs are infeasible because the buil ing ' s deterioration is such that repairs would amount to a substantial reconstruction. ALTERNATIVES The alternatives are to either abate the nuisances through demolition or to pursue code compliance in housing curt . RECOMMENDATION It is recommended the Declaration of Public Nuisance resolution for these properties be approved so that the demolition actions can proceed if the owners do not proceed with repairs . rRespectfully submi ed, 41111 , a . J.Orce 4. Parker City Maiager CJP/mjm r I low- i ifL? Y Tom.- fff ask _ saw.. '''',.:7Afnm 1042 Bellevue Ave. 710 E. Chicago St. 4% is o 5 NSxI 1 A' �) Yx 476 Fremont St. a _' " . T rte. . , a 1 i ° fol s ill .. .... €3#3! I • 153 Highbury St. 271 Villa St.