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Authorizing Application to Circuit Court for Demolition of Dangerous and/or Unsafe Building Property Located at 14N403 Thurnau Road, Rutland Township Parcel ID # 02-31-300-013
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WHEREAS, authorizes the County of Kane, upon application to the Circuit Court, to demolish, repair, or enclose or cause the demolition, repair, or enclosure of dangerous and unsafe buildings or uncompleted and abandoned buildings within the territory of the county, but outside of the territory of any municipality, and to remove or cause the removal of garbage, debris and other hazardous, noxious or unhealthy substances or materials from those buildings; and
WHEREAS, 55 ILCS 5/5-1121 (a) requires that the County apply to the Circuit Court for an order authorizing such action after the County has provided at least 15 days written notice by mail to the owner or owners of the building, including the lienholders of record, and such owner or owners have not commenced proceedings to put the building in a safe condition or to demolish it; and
WHEREAS, 55 ILCS 5/5-1121 authorizes the County to recover the costs related to the demolition, repair, enclosure, or removal incurred by the County, including court costs, attorney's fees, and other costs related to the enforcement of section 55 ILCS 5/5-1121; and
WHEREAS, certain Community Development Block Grant funds may be appropriated and may be available to pay the costs associated with the demolition of dangerous and unsafe buildings within the County; and
WHEREAS, the Kane County Building Officer has determined that a building (the "Unsafe Building") is located at 14N403 Thurnau Rd, Rutland Township; and
WHEREAS, the County desires to demolish the Unsafe Building if the owner or owners do not commence proceedings to do so after 15 days written mailed notice.
NOW, THEREFORE, BE IT RESOLVED by the Kane County Board as follows:
1. The Kane County Building Officer is hereby authorized and directed to order a title search on the Property and to provide written, mailed notice to the owner or owners of the "Unsafe Building", including the lienholders of record, in accordance with 55 ILCS 5/5-1121, that order authorizing such demolition in the event the owner does not commence proceedings to do so within 15 days of the date the notice is mailed; and
2. The Kane County State's Attorney's Office is hereby authorized and directed to file on behalf of the County a Petition with the Circuit Court, in accordance with 55 ILCS 5/5-1121, for an order authorizing the demolition of the Unsafe Building in the event that the owner does not commence proceedings to demolish the building within 15 days of the date the notice is mailed by the Building Officer and to seek the recovery of the costs associated with the demolition.
Passed by the Kane County Board on December 12, 2023.
_________________________ _________________________
John A. Cunningham, MBA, J.D. Corinne M. Pierog MA, MBA
Clerk, County Board Chairman, County Board
Kane County, Illinois Kane County, Illinois
Vote: