The URL can be used to link to this page

Home My WebLink AboutORDINANCES-1979-027-O-790 • • 4/18/79 27-0-79 AN ORDINANCE Authorizing Certain City Officials To Cause the Demolition, Repair or Board -up of Dangerous Buildings WHEREAS, fire damaged and otherwise seriously neglected or deteriorated buildings whose condition poses a threat to the health and welfare of the public require i an efficient but equitable means of correction and redress; r I ,,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: That Sections 23-17 through 23-23 be and hereby are added to Chapter 23 "Housing Code" of the Code of the City of Evanston, 1957, as amended, which sections shall be and shall read as follows: "Sec 23-17. Dangerous or Unsafe Buildings Defined. All buildings or structures which have any or all of the following defects shall be deemed "dangerous or unsafe buildings and public nuisances. A. Those which, exclusive of foundation, show 33% or more damage or deterioration of the supporting members, or 50% damage or deterioration of the non -supporting enclosing or outside walls, cover- ing, roof or interior. B. Those which have improperly distributed loads upon the floors or roofs or on which the same are overloaded, or which have insufficient strength to be reasonably safe for the purposes used, or for the intended design load. C. Those which.have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the City of Evanston. • • • D. Those which have parts thereof which are so attached that they may suddenly fall and injure j members of the public or property. f "Sec. 23-18. Dangerous or Unsafe Buildings/Nuisances. All "dangerous or unsafe buildings" as defined in Sec. 23-17 of this ordinance are hereby declared to be !' public nuisances and shall be closed, secured, repaired, vacated, or demolished as hereinafter provided. ! "Sec. 23-19. Closing Building or Premises. I� The City Manager, the Director of Inspections and Permits, the Director of Public Health, and the Fire Chief', or any one of the them, shall have the power and it shall be their joint and several duty to order any building or premises closed, secured, or any i structure or equipment therein or thereof removed or its operation stopped when the condition of said building imperils life, safety, or health, and to keep same closed, secured, removed or shut down until remedied as required by the provisions of the Building and Housing Codes or until the building is demolished pur- suant to Sec. 23-20. "Sec. 23-20. Demolition or Repair of Dangerous or Unsafe Buildings. If any building shall be found in a dangerous or I unsafe condition or uncompleted or abandoned the City ! Manager, the Director of Inspections and Permits, the Director of Public Health, or the Fire Chief shall post a prominent warning thereon and shall notify in writing the owner or owners thereof, directing said owner or owners to put such building in a safe con- dition or to demolish it. Where, upon diligent search, the identity or whereabouts of the owner or owners of any such building shall not be ascertainable such notice shall be sufficient if mailed to the person or i' persons in -whose name such real estate was last assessed, and to all lien holders of record. If, after fifteen (15) days subsequent to delivery of such notice said owner or owners and lien holders of record have failed to put such building in a safe condition or to demolish it, the Director of Inspections and Permits, or the other officers enumerated above, may notify the Depart- ment of Law and initiate proceedings in accordance with this section and upon receipt of such notice and re- commendation Corporation Counsel is hereby authorized to apply to the Circuit Court of Cook County for an order authorizing the City of Evanston to demolish, repair, or enclose or to cause the demolition, repair, or enclosure, of said building. It shall not be a defense to an action for demolition brought under this section that the building is boarded -up or enclosed. "Sec 23-21. Summary Action: Life Health Safety it Emergencies When the building's condition poses an immediate threat to the health, life or safety of the occupants or of the public because of the extremity of conditions as set forth in section 23-17, the City Manager shall ' -2- .i i • • • take or cause to be taken whatever measures are reasonably necessary to render the property safe and abate the nuisance including board -up or demolition. In such emergency cases written notice provided forty eight hours in advance to the owners or taxpayers of record by telegram or personal delivery to their last known address shall be sufficient. The City shall have recourse for the costs incurred to the owners of the building as provided in section 23-22. "Sec. 23-22. Lien for Demolition, Repair, or Enclosure. The cost of such demolition, repair, or enclosure shall be recoverable from the owner or owners of such real estate, and shall be a lien thereon as provided by law provided that within sixty (60) days after said cost and expense is incurred, the City or the person performing the service by authority of the City of Evanston shall file notice of lien as required by law. "Sec. 23-23. Violations/Penalty. Any person found guilty of violating the pro- visions of this section upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than three hundred dollars ($300.00) for the first offense and not less than three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) for the second and each subsequent offense. Any third or subsequent offense may be punishable as a misdemeanor by incarcreation in the County Jail for a term not to.exceed six (6) months under procedures set forth in Section 1-2-1.1 of the Illinois Municipal Code (I11. Rev. Stat. 1969, ch. 24, par. 1-2-1.1) as amended, or by both fine and imprisonment. A separate and distinct offense shall be regarded as committed each day on which such person or persons shall violate the provisions of this section. 10Sec. 23-24. Municipal Liability. No officer, agent, or employee of the City of Evanston shall be held to be personally liable for any damage which may occur to persons or property as a result of any act required or permitted in the dis- charge of his.duties under this ordinance. Any suit. brought against any officer, agent, or employee of the City of Evanston as a result of any act required or permitted in the discharge of his duties, under this ordinance shall be defended by the Corporation Counsel until the final determination of the proceedings there- in. -3- SECTION 2: All ordinances or parts of ordinances in conflict herewith are hereby I� repealed. !I SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. ' I I �j IntroducedQAj V3 , 1979 Adopted AM 1979 1 !, I Approved 1979 I! ! f ( May I�I i ATTEST: I ) i (� ity C1 r Approved as to form: i orporation Counsel - 4 II II f I 1� I ! 1 II • I ! I II i I� ! II ( I ! I I I I I� -4- f • LJ 55-0-79 AN ORDINANCE Granting A Variation From The Use, Yard And Off -Street Parking Requirements At 1915 Main Street ' I I 7/5/79 WHEREAS, the Evanston Zoning Board of Appeals conducted a public i hearing on May 15, 1979 upon the application of Michael Stumpf for variations I from the use, yard and off-street parking regulations of the Zoning Ordinance'h to permit retention of a parking lot and completion of the improvements there-, i to on property located at 1915 Main Street, Evanston, Illinois, an R-2 Single Family Residence District; said hearing having been conducted pursuant to' notice and publication thereof in the manner prescribed by law; and ' WHEREAS, the Zoning Board of Appeals has recommended that the appli- cation for variations be granted; 1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: i' SECTION 1: That the application,.of Michael Stumpf for variations ' jf from the use, yard and off-street parking regulations off the Zoning Ordinance to permit retention of a parking lot and completion of ;! the improvements thereto on property located at 1915 Main Street, Evanston, j. Illinois, and legally described as follows: j ,I j Lot 6 in Handler's Resubdivision of Lots 10 to 16, inclusive in Morelock's Resubdivision of Lots 9 to 16, both inclusive in Block 8 and vacant alley, lying East of and adjoining Lots 13, 14, 15, and 16 in said Block 8 in Grant's Addition to Evanston, a j Subdivision of the East 2/3 of the South 1/2 of the Northwest 1/4 of Section 24, Township 41 North, ` Range 13, East of the Third Principal Meridian, in I Cook County, Illinois, I ,I is granted subject to compliance with all other applicable provisions of the Zoning Ordinance and all other applicable laws and the following conditions: ! Ij d . I w 11 • 1� �! 55-0-79 1! i I i 1. In the area of the front yard the parking lot shall be screened from the neighboring property to the west and from Main Street by a densely planted com� pact hedge no less than 4 feet in height, except i� for the access drive; 2. A solid screening fence 4 feet in height shall be �1 installed from a point beginning 27 feet in from the front lot line and adjacent to the west lot line of the subject property which shall run thence northerly to the northwest lot corner and thence j easterly adjacent to the rear lot line for a dis- tance of 22 feet; 3. Said parking lot shall only be used in conjunction I; with the automobile service station adjacent to �j the east and the variations granted herein shall j terminate if the use of the automobile service sta- tion located at 900 Dodge Avenue is ever discon- tinued; �i i 4. The use of said parking lot shall be limited to the I; parking of passenger automobiles, which are not in j need of body repair or painting, and which are li- censed for legal operation on the public streets; 5. No passenger automobiles shall be advertised for sale on the subject property; and 6. The applicant shall execute a Covenant in recordable li form, reflecting the terms and conditions of this recommendation. +� SECTION 2: The Director of Inspections and Permits is hereby ordered and directed to grant such permits as shall be required to effectuate the provisions of this ordinance. SECTION 3: This ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. Introduce( Adopted 1979 1979 Approved � ,, 1979 J r IA --- ATTEST: `Mayor 2 -fly ty C er Approve d as to form: Cor orati"on Counsel t -2-