(A) Any building, shed, fence, or other manmade structure which is dangerous to the public health because of its condition, and which may cause or aid in the speak of disease or injury to the health of the occupants or those of neighboring structures;

(B) Any building, shed, fence or other manmade structure which because of faulty construction age, lack of proper repair or any other cause, is especially susceptible to fire and constitutes or creates a fire hazard;

(C) Any building, shed, fence, or other manmade structure which by reason of faulty construction or any other cause, is liable to cause injury or damage by collapsing or by a collapse or fall of any part of such structure;

(D) Any building, shed, fence, or other manmade structure, which because f its condition or because of lack of doors or windows is available to and frequented by malefactors or disorderly persons who are not lawful occupants of such structure;

(E) Any building that has remained unoccupied for a period of two years and has deteriorated to the point that it is no longer fit to be occupied as a residence or place of business without expenditures of over fifty percent (50%) of the value of such building and because of its condition or appearance is causing depreciation in value of adjacent properties. (Ord. 1248 1, 1984)

5.16.020 Prohibition.

 

It is unlawful to maintain or permit the existence of any dangerous building in the city; and it is unlawful for the owner, occupant or person in custody of nay dangerous building to permit the same to remain in a dangerous condition, or to occupy such building or permit it to be occupied while it is or remains in a dangerous condition. (Ord. 1248 1, 1984)

5.16.030 Abatement Actions.

(A) Whenever the mayor and the city council of the city of Fairfield are of the opinion that any building or structure in the city is a dangerous building, they shall direct the city clerk to cause written notice to be served upon the owner and the occupant thereof, if any, by certified mail with return receipt requested or by personal service. Such notice shall state that the building has been declared to be in a dangerous condition and that the dangerous condition must be removed or remedied by repairing or altering the building or by demolishing it and removing the debris, and that the condition must be remedies at once. Such notice may be in the following form:

To_________________ (owner- occupant of premises) of the premises described as:____________________________________________________________________________________You are hereby notified that ______________________________ (describe building) on the premises above-mentioned has been declared to be a nuisance and a dangerous building. The causes of this decisions are _________________________________ (insert facts as to the dangerous condition). You are to remedy this condition or demolish the building immediately or the City will proceed to do so.

(B) If the person receiving notice has not complied therewith or taken an appeal from such determination within thirty (3) days from the time this notice is served upon such person by personal service or by certified mail, return receipt requested, the city council may proceed to remedy the condition or demolish the dangerous building and shall be entitled to recover the cost of remedying such condition from the owner of such property and shall have a lien on such property therefor. Such liens shall be perfected by the city council causing a claim of lien to be filed in the office of the Wayne County Recorder setting forth the amount of said lien.

(C) If the city of Fairfield, after making diligent search and inquiry, cannot ascertain the owner of a dangerous building and there is not occupant of said dangerous building, the notice provided in this section may be posted on said dangerous building and the posting of said notice shall be sufficient to satisfy the notice requirements of this chapter. (Ord. 1248 3, 1984)

5.16.040 Lien.

 

 The cost of such demolition or repair incurred by the City of Fairfield is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided that, within 60 days after such repair or demolition, the City of Fairfield shall file notice of lien of such cost and expense incurred in the officer of the Recorder of Deeds of Wayne County, Illinois. The notice must consist of a sworn statement setting out (1) the description of the real estate sufficient for identification thereof, (2) the amount of money representing the cost and expense incurred, and (3) the day or dates when the cost and expense is incurred by the City of Fairfield. Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the city of Fairfield and a release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to enforce as in the case of mortgages or mechanics liens. Suit to foreclose this lien must be commenced within 3 years after the day of filing notice of lien.

5.16.050 Fire-damaged Building.

 

Any building or structure which has or may be damaged by fire, to the extent of 50% of its value shall be town down and removed, or rebuilt. Whenever the Chief of Police of the City of Fairfield shall be of the opinion that any building or structure in the City has been so damaged, he shall file a written statement to this effect with the City Clerk. The City Clerk shall thereupon cause written notice to be served upon the owners thereof, and upon the lienholders of record, by certified mail or by personal service.
The Mayor of the City of Fairfield shall appoint 3 persons to determine whether or not such building or structure has been damaged to the extent of 50% of its value. Such notice shall state that the building or structure has been declared to be damaged to the extent of 50% of its value. Such notice shall state that the building or structure has been declared to be damaged to the extent of 50% of its value and that a Board of 3 persons has been appointed to determine whether or not this finding is correct. Such notice shall be in the following terms:

To ______________________ (owners and lienholders of premises) of the premises known and described as _________________________________.

You are hereby notified that the premises above-mentioned have been determined to be damaged by fire to the extent of 50% of its value after inspection by the Chief of Police and that the Board of 3 persons has been appointed to verify this finding.

You have the right to protest the determination by the Chief of Police that the building has been damaged by fire to the extent of 50% of its value and to present your complaint by appearing before the Board of 3 persons at the City Hall, 109 Northeast Second Street, Fairfield, Illinois on __________ at ______________, at which by and time it will determine whether or not this finding is correct.

If this finding is upheld by the Board, you must tear down and remove the building, or rebuild it within 90 days after this finding is verified by the Board.

Whereby upon diligent search, the identity or whereabouts of the owner or owners of any such building including the lienholders of record is not ascertainable, notice mailed to the person or persons in whose name such real estate was last assessed for taxes is sufficient notice under this section.

If this finding is upheld by the Board of 3 persons and it determines that the building has been damaged by fire to the extent of 50% of its value, the owner or owners shall tear down and remove, or rebuild the building within 90 days after the finding of such Board, and the owner or owners shall not occupy or permit the occupancy of such building after such finding until it is so remodeled.

5.16.060 Appeals.

A. Any person receiving the notice provided for in Section 5.16.030 may appeal the decision contained in said notice by filing a written request for hearing with the city clerk within thirty (30) days from service of the notice.

B. A hearing on the request will be held at the next regularly scheduled meeting of the city council which would be held not more than two (2) weeks after the receipt of the request for appeal.

C. At the hearing, the owner or occupant may present such evidence to the city council as desired and any other interested party may present such evidence as desired.

D. After hearing all the evidence, the city council shall make a determination as to whether or not such building or structure is dangerous and if the city council finds that such building or structure is dangerous and if the city council finds that such building or structure is dangerous, adopt a resolution directing the owner or occupant to remedy the situation within thirty (30) days from the date of such resolution. (Ord. 1248 4, 1984)

5.16.070 Violation Penalty.

A. Any person failing to comply with the notice provided in Section 5.16.030, or the resolution provided for in Section 5.16.040, as the case may be, within the time specified therein shall be in violation of this chapter, and shall be subject to a fine of not less than twenty- five dollars ($25.00) nor more than five hundred dollars ($500.00) for each day that such violation exists, with the maximum fine for any one violation being ten thousand dollars ($10,000.00).

B. Such fine shall be in addition to any costs incurred by the city in remedying or demolishing such dangerous building as provided in Section 5.16.030. (Ord. 1248 5, 1984)