Independent Coalition for Our Neighborhoods

Problem properties – foreclosure, demolition

Demolition of Unsafe and Dangerous buildings (Springfield)

§ 170.16.13.  Unsafe and dangerous buildings defined. A building or structure that has become so dilapidated or deteriorated for more than six months, or has become open and unsecured, so as to become an attractive nuisance to children, or to create a harbor for vagrants, criminals or immoral persons is unsafe and dangerous.

§ 170.16.14.  Maintenance or occupancy of a dangerous building prohibited It shall be unlawful for the owner, occupant, or person in custody of any dangerous building to permit the building to remain in a dangerous condition, or to occupy the building or permit it to be occupied while it is or remains in a dangerous condition.

§170.16.15.  Demolition of unsafe and dangerous buildings. When the division manager determines that a building is unsafe and dangerous he shall declare that there is an emergency and take immediate action, including but not limited to demolition. The division manager shall post a notice that states unless the building is demolished, repaired, or enclosed, or any garbage, debris, and other hazardous, noxious, or unhealthy substances or materials are removed, then the building may be demolished by the city. The division manager shall file a complaint in the circuit court requesting the demolition of an unsafe and a dangerous building but not apply for an order to demolish the property until the 15-day notice to repair or demolish period has expired.

Foreclosure of Problem Properties (Springfield & Rock Island)

Springfield § 170.16.16.  Lien for expenses incurred. Any expenses incurred by the division in enforcing this article and more particularly section 170.16.15, shall become a lien upon the property where the unsafe and dangerous building was located.  If the city has obtained a lien it shall bring action for a money judgment against the owner or owners of the real estate in the amount of the lien in the same manner as provided for bringing causes of action in Article II of the Illinois Code of Civil Procedure, and upon obtaining a judgment, file a judgment against all of the real estate of the owner or owners and enforce that lien as provided for in Article XVII of the Illinois Code of Civil Procedure within 30 days of the last day of publication of the notice, whichever is later the City of Springfield shall have the power to demolish the building. The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics’ liens. A suit to foreclose this lien may be commenced by the city in accordance with state law.

Rock Island Sec. 16-87.2. Foreclosure Of Lien: Property subject to a lien for unpaid charges shall be sold for nonpayment of the same; and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. The city attorney is authorized to institute such proceedings in the name of the city in any court having jurisdiction over such matters against any property for which a lien has been recorded. (1963 Code, Ch. IX, Art. I; Ord. 90-33, 5-14-1990; Ord. 029-2008, § 4, 4-21-2008)