Lake County, IL
File #: 12-0210    Version: 1 Name: Joint resolution authorizing the State’s Attorney of Lake County to institute legal action against certain named properties for the demolition of dangerous and unsafe or uncompleted and abandoned structures on said properties.
Type: resolution Status: Passed
File created: 2/21/2012 In control: Planning, Building and Zoning Committee
On agenda: Final action: 3/13/2012
Title: Joint resolution authorizing the State’s Attorney of Lake County to institute legal action against certain named properties for the demolition of dangerous and unsafe or uncompleted and abandoned structures on said properties.
Attachments: 1. Demolition Memo to PBZ.pdf
Title
Joint resolution authorizing the State's Attorney of Lake County to institute legal action against certain named properties for the demolition of dangerous and unsafe or uncompleted and abandoned structures on said properties.
 
Staff Summary
·      Pursuant to state law, the County Board has authority to demolish any dangerous and unsafe structures within unincorporated portions of Lake County.
·      Planning, Building and Development has identified, in the resolution, several dangerous and unsafe structures within unincorporated portions of Lake County.
·      One residential building is identified as an "immediate and continuing hazard to the community," per 55 ILCS 5/5-1121.  
·      If the residential building determined to be an "immediate and continuing hazard to the community" has not been demolished, repaired, or enclosed, or the garbage, debris, or other hazardous, noxious, or unhealthy substances or materials are not removed, and the owners and lienholders of record have not filed an appeal in the Circuit Court within 30 days of the last day of notification, PB&D will initiate the demolition of the dangerous and unsafe structure.  
·      Other structures included in this resolution are either accessory structures or are not considered an "immediate and continuing hazard to the community" and will proceed through the standard demolition process.  
·      Accordingly, once approved, the Lake County State's Attorney will proceed with notifying property owners to repair or demolish the identified structures and to make application to the Circuit Court seeking authorization to demolish if property owners are nonresponsive. If authorized by the Circuit Court, PB&D will initiate the demolition of the dangerous and unsafe structures.   
 
Body
WHEREAS, pursuant to 55 ILCS 5/5-1121, the County Board was given and has the authority to expedite the removal of residential buildings two stories or less in height, as defined by Lake County One and Two Family Dwelling Building Code and Building Ordinance, and determined to be open and vacant and an "immediate and continuing hazard to the community in which the building is located," per statute; the County Board was given and has the power to demolish, repair, or enclose such buildings or to remove any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials.  
 
WHEREAS, pursuant to 55 ILCS 5/5-1121, for residential structures not considered an "immediate and continuing hazard to the community" and all other structures, the County Board was given and has authority to demolish, repair, or cause the demolition or repair of dangerous and unsafe or uncompleted and abandoned buildings within the territory of the County outside any city, village or incorporated town upon application to the Circuit Court for an order authorizing such action.
 
NOW, THEREFORE, BE IT RESOLVED, by this County Board of Lake County, Illinois, that:
 
The structure on the following described premise is dangerous and unsafe and has been deemed an "immediate and continuing hazard to the community" and constitutes an actual danger to the public health, safety and welfare:
 
·            EAB 23-12
Section 11, Township 45, Range 9, PIN 05-11-301-010, commonly known as 26580 W. Squaw Road, Ingleside, Illinois.  (A dilapidated, vacant, open residential structure presenting an "immediate and continuing hazard to the community.")  
 
That the above described premise is situated within the County of Lake, State of Illinois, and is not within the corporate limits of any city, village or incorporated area.
 
The County Board hereby authorizes demolition of the unsafe and open residential structure presenting an "immediate and continuing hazard to the community" following appropriate notification, pursuant to 55 ILCS 5/5-1121.  
 
The structures on the following described premises are dangerous and unsafe or uncompleted and abandoned and constitute an actual danger to the public health, safety and welfare:
 
·      EAB 29-12
Section 11, Township 45, Range 9, PIN 05-11-301-010, commonly known as 26580 W. Squaw Road, Ingleside, Illinois.  (A dilapidated, vacant, open detached garage with accompanying junk and debris.)
 
·      BCE 7-12
Section 23, Township 43, Range 11, PIN 15-23-300-018, commonly known as 14600 W. Riverside Dr., Lincolnshire, Illinois.  (A dilapidated, vacant, open residential structure with six unsafe and open accessory structures and accompanying junk and debris.)
 
That the above described premises are situated within the County of Lake, State of Illinois, and are not within the corporate limits of any city, village or incorporated area.
 
The County Board hereby authorizes and requests the State's Attorney of Lake County proceed with issuing notice to all parties necessary, said notice and said parties as are prescribed by 55 ILCS 5/5-1121, to continue with commencing proceedings to put the structures on the above described premises in a safe condition or to demolish the same.
 
The County Board does hereby authorize and request the State's Attorney of Lake County, Illinois proceed with providing appropriate notification and making application to the Circuit Court, pursuant to 55 ILCS 5/5-1121, to demolish the structures on the above described premises where after fifteen days notice by mail, and, where appropriate, by posting, those parties notified in accordance with the above mentioned statutory section have failed to commence proceedings to put such structures in a safe condition or to demolish the same.  
 
BE IT FURTHER RESOLVED that this resolution become effective from the date of passage.
 
DATED at Waukegan, Illinois, on this 13th day of March, 2012.