HomeMy WebLinkAboutOrd 2568 06/17/1975
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O'P-DINl\.l~CE NO'. 2568
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~EcrIO'N OI\,TE: That, pursuant to that pOv-Ter and authority given Home Rule Units
~n Article VII of the 1970 Constitution of the State of Illinois, Article IV
pf Chapter 8 of the ~funicipal Code of the Village of Mount Prospect of 1957,
~samended, be and the Sffine is further amended in its entirety so as to
~Jiminate any reference to "Police Magistrate" and substitute therefor
~dequate procedures for the demolition or repair of d~~gerous and unsafe
R;JUildings or uncompleted and. abandoned buildings which WRY now or hereafter
~xist within the corporate limits of the Village ot MOQnt Prospect, so that
li_ereafter the said Article IV of Chapter 8 shall be and read as follows:
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AN O'RDINANCE Ar"lEl'-JDING ARTICLE IV O'F CHAPTER 8
OF THE MUNICIPAL CODEO'FTHE VILLAGE OF MOUNT PROSPECT
"Article IV - Demolition or Repair of Buildings.
Section 8.401 - Authority to Act
A. Pursuant to that power vested in the corporated authorites of the
Village of Mount Prospect as a Home Rule Unit under the 1970
Constitution of the State of Illinois as well as Article VII
thereof, and in line with the Statutues of the State of Illinois
made and provided, the President and Board of Trustees of the
Village of Mow1t Prospect may demolish, repair or cause the
demolition or repair of dangerous and unsafe buildings or
uncompleted and abandoned buildings within the corporate limits
of the Village of Mount Prospect in the following manner:
The President and Board of Trustees shall, through the Village
Attorney, apply to the Circuit Court of Cook Cuuuty for an order
authorizing the demolition and repair or authorizing said
corporate authorities to cause the demolition or repair of any
such dangerous and unsafe building or uncompleted or abandoned
building whenever the owner or ov-ners thereof, including the
lien holders of record, after at least 15 days' wTitten notice
by mail so to do, have failed to put such building in a safe
condition or to demolish it.
1. It is not a defense to such cause of action that the building
is boarded up or otherwise enclosed nor may the court order
such building boarded up or otherwise enclosed.
2. Where, upon diligent search, the identity or whereabouts of
the owner or owners of any such building including the lien
holders or record is not ascertainable, notice mailed to the
person in whose name such real estate was last assessed is
sufficient notice under this Section.
3. The hearing upon such application to the circuit court shall
be expedited by the court and shall be given precedence over all
other sld.ts.
B. The cost of such demolition or repair incurred by such municipality
or by a lien holder of record is recoverable from the o\\ner or
owners of such real estate and is a lein thereon, \,nich lien is
superior to all prior existing liens and encumbrances, except
taxes~ J?rovided ~~at, within 60 days after such repair or
demolltlon, the vlllage of Mount Prospect or the lien holder of
record ,,,no incurred such cost and expense shall file notice of lien
of such cost and expense incurred in the office of the Recorder of
Deeds of Cook County or in ~le office of the Reaistrar of Titles of
Cook County if the real estate affected is regi~tered under the
Torrens system.
1. The notice must consist of a sworn statement setting out:
a. a description of the real estate sufficient for
identification thereof;
b. the amount of money representing the cost and expense
incurred; and
c. the date or dates when the cost and expense was incurred
by the Village of Mount Prospect or by the lien holder
of record.
2. Upon payment of the cost and expense by the O'i\ner of or persons
interested in the property after notice of lien has been filed,
the lien shall be released by the Village of Mount Prospect or
person in whose name the lien has been filed and the release
may be filed of record as in the case of filing notice of lien.
AYES:
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SECTIO'N 1HREE: That this O'rdinance shall be in full force and effect from and I
after its passage, approval, and pub1icatiqn in the manner provided by law. ~
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3.
The lien may be enforced by proceedings to foreclose as in case
of mortgages or mecharrics' liens.
4.
Suit to foreclose this lien must be commenced within 3 years
after the date of filing notice of lien."
SECTIO'N TWO': That, if any part or parts of this Chapter shall be held to be
unconstitutional, such unconstitutionality shall not affect the validity of
the remaining parts of this Chapter. The Board of Trustees hereby declares
that it would have passed the remaining parts of this Chapter if it had known
that such part or parts thereof would be declared unconstitutional.
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NAYS:
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PASSED and APPROVED this Il,l) day of -Tu. nK
, 1975.
Village President
ATIEsr :
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Village Clerk