Properties WHY DEMO Demolitions Vacant andor Abandoned Properties What this presentation is ALL about Why this is important What to demo and how How to expedite the process How to recover your costs ID: 683265
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Slide1
Demolitions, Vacant and/or Abandoned
PropertiesSlide2
WHY DEMO?
Demolitions, Vacant and/or
AbandonedProperties
What this presentation is ALL about:
Why this is important
What to demo and how
How to expedite the process
How to recover your costsSlide3
WHY DEMO?
Demolitions, Vacant and/or
AbandonedProperties
Broken Window TheorySlide4
O
ne
broken window, left unrepaired, leads to more broken windows as the appearance is given that no one cares or protects the property, that the building becomes increasingly more deteriorated, and that the deterioration may have a ripple effect.Demolitions, Vacant and/or
AbandonedProperties
Broken window theorySlide5
Demolitions, Vacant and/or
Abandoned
Properties
Broken window theorySlide6
Buildings that are indefinitely
vacant,
or vacant and in a state of disrepair, or boarded, contribute to a decrease in surrounding property values, discourage investment in neighboring properties, provide a location for criminal activity, undermine the aesthetic character of the neighborhood and City, and have other deleterious effects.
Demolitions, Vacant and/or AbandonedProperties
Broken window theorySlide7
Demolitions, Vacant and/or
AbandonedProperties
Broken window theorySlide8
Demolitions, Vacant and/or
Abandoned
Properties
Dissatisfied Neighbors
Why demo?Slide9
Demolitions, Vacant and/or
Abandoned
Properties
Most complaints actually start with the neighbors.
Tall grass
Weeds
Rodents and pests
O
ther
nuisance
complaints
Why demo?Slide10
Danger to neighbors
Crime rates
VandalismDrug use Demolitions, Vacant and/or Abandoned
PropertiesSlide11
Demolitions, Vacant and/or
Abandoned
Properties
And the inevitable call to the Mayor’s office
Why demo?Slide12
Where do you Start
Demolitions, Vacant and/or
Abandoned
Properties
THE PROCESSSlide13
Setting Priorities
The worst of the worst
CorridorsLow-hanging fruitTax-delinquent propertiesWilling property owners
Demolitions, Vacant and/or Abandoned
PropertiesSlide14
What constitutes an emergency?
Least restrictive means necessary
What do your ordinances say?Emergencies
Demolitions, Vacant and/or Abandoned
PropertiesSlide15
Photographs
Code violation and citation history
Condemnation historyTitle confirmation - recentPrepping a Case for Counsel
Demolitions, Vacant and/or Abandoned
PropertiesSlide16
General funds
TIF funds
Special funds/donationsDemolition agreementsGrantsIDNRIHDAAbandoned Properties Blight ReductionLiensReduce cost through recycling and salvage
Funding & Recovery Sources
Demolitions, Vacant and/or Abandoned
PropertiesSlide17
65
ILCS 5/11-31-1(a
)Building or Structure ANDWhich are Dangerous or Unsafe ORWhich are Uncompleted and AbandonedPlus, Proof required by an Illinois Supreme Court Opinions: Building
or Structure is “Beyond Reasonable repair” (i.e., cannot Be Repaired for a Reasonable Cost [Village of Lake Villa v. Stokovich, 810 N.E.2d 13 (2004)]Owners of Building or Structure have been given a “reasonable amount” of time to repair
the Building or Structure [City of Aurora v. Meyer, 230 N.E.2d 200 (1967)]
Necessary proof for a demolition
Demolitions, Vacant and/or Abandoned
PropertiesSlide18
DEMOLISH
the Building or Structure OR
REPAIR the Building or Structure ORENCLOSE the Building or Structure ANDREMOVE from the Building or StructureGarbage orDebris orSubstances or Materials which
areHazardous orNoxious orUnhealthy.
MUNICIPAL AUTHORITY TO CAUSE/REQUIRE
Demolitions, Vacant and/or Abandoned
PropertiesSlide19
Owner
(NOTE: City/Village Can Sue To “Cause The” Demolition, et al) by a: Court Order For Mandatory Injunction OR Judgment For Monetary Damages Lien For Demolition Costs (Paid when property is Sold – NOTE: Property may be
sold quicker as it May Be MORE Valuable once the dilapidated Building or Structure is Removed)
City
by
a Court Order Allowing Demolition
WHO PAYS THE COST FOR THESE MUNICIPAL ACTIONS?
Demolitions, Vacant and/or Abandoned
PropertiesSlide20
“
Demolition is justified only if repair makes so little economic sense that it is unlikely that an owner would make use of any further opportunity to repair.” (City of Aurora v Meyer
)Demolitions “employed with restraint and only if dangers cannot be otherwise abated.”“
Only if danger cannot be abated in any other way and absolute necessity exists”“Where hazardous conditions may be remedied without major reconstruction the building may not be destroyed).” (City of Aurora v Meyer)
“[
D]
emolition
is justified only if repair makes so little economic sense that it is unlikely that
an owner would make use of any further opportunity to repair.” [Village of Lake Villa v. Stokovich
]
PHILOSOPHY UNDERLYING DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide21
Cost
of Repair of Dangerous
Conditions Value of Building in Dilapidated State REASONABLE COST OF REPAIR #1 METHOD
(City of Aurora v. Meyer)
Demolitions, Vacant and/or Abandoned
Properties
Is the cost of repair high enough to be a
Substantial Reconstruction of the Building?
Requires
Expert Witnesses to testify as to their OPINION of Value and Costs of
Repair
Can
Be Unreasonable, regardless of Cost, if the needed repairs are violate Ordinances
Slide22
UNREASONABLE if Cost of Repair of ALL damage to Building is 50% or more of the
Replacement
Cost of the Building Test is Listed in the Village's Zoning Ordinance which Bans 50% or more repair of
Non-Conforming StructuresRejects Argument that trial court must use a "a flexible standard ... of reasonableness" rather
than
"a specific percentage
.
REASONABLE COST OF REPAIR #2 METHOD
(Village of Ringwood v. Foster, 2010 & 2013 Opinions)
Demolitions, Vacant and/or Abandoned
PropertiesSlide23
Delay in Owners Applying For Permit to Begin Repair Work (Before & After 15 Day Notice
)
Length of Time Building Has Been In Dilapidated Condition Are Repairs really a “Substantial Reconstruction” of the Building (City of Aurora v. Meyer)Are
Needed Repairs Prohibited By Existing Municipal Ordinance or State/Federal LawFACTORS TO DETERMINE IF REASONABLE REPAIRS
Demolitions, Vacant and/or Abandoned
PropertiesSlide24
$17,000 Value of Building Today Unrepaired (Expert
Witness Testimony) $95,000 Value of Building Once Repaired According to Building & Other Codes Code Standards (Expert Witness Testimony) $11,000 Cost of Labor and Materials to Repair Building or Structure (Expert Witness Testimony) $ 11,000
= 0.647 > 0.50 So Cost of Repair is NOT Reasonable and Judge May Order The $ 17,000 Building's Demolition (Village of Ringwood v. Foster)
EXAMPLE OF REASONABLE COST OF REPAIR
Demolitions, Vacant and/or Abandoned
PropertiesSlide25
65
ILCS 5/11-31-1(d)
(A) Property is Tax Delinquent OR Unpaid Water Bills for 2 or more years, AND(B) Unoccupied By A LEGAL Resident, AND(C) Property contains a Dangerous or Unsafe Building Per 65 ILCS 5/11-31-1(a)
ALTERNATIVELY CAN PETITION TO HAVE BUILDING DECLARED ABANDONED & MUNICIPALITY CAN BECOME LEGAL OWNER OF THE PROPERTY
Demolitions, Vacant and/or Abandoned
PropertiesSlide26
Part
of a Municipality's Inherent “Police Power” Under The Common Law
“Police Power” is the Authority to Regulate to protect its Residents' Health Safety Morals General Welfare
WITHOUT First Filing A Lawsuit EMERGENCY DEMOLITIONS
Turpen
v. City of St.
Francisville
, 495 N.E.2d 1351 (5
th Dist. 1986)
Demolitions, Vacant and/or Abandoned
PropertiesSlide27
To Abate A Nuisance OR Take Appropriate Emergency Measures
When a Building is Structurally Dilapidated Poses an IMMINENT Danger to Public Health, Safety or Welfare
WHEN CAN A MUNICIPALITY DO AN EMERGENCY DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide28
Action
is “Essential” To Preserve health, safety and welfare of citizens (
Turpen)Very, Very Rare – Judges Do NOT Like Being Excluded From DecisionBuilding is about to fall down and kill Little Suzy at any momentIf Building is open to children, animals or elements, can it be enclosed?
WHAT DOES “IMMINENT” MEAN?
Demolitions, Vacant and/or Abandoned
PropertiesSlide29
Turpen
v. City of St. Francisville, 495 N.E.2d 1351 (5th Dist. 1986)“Every moment's delay in the removal of the danger exposes the populace to danger.”
APPELLATE COURT'S EXPLANATION OF “IMMINENT”
Demolitions, Vacant and/or Abandoned
PropertiesSlide30
Demolitions, Vacant and/or Abandoned
PropertiesSlide31
Demolitions, Vacant and/or Abandoned
PropertiesSlide32
Demolitions, Vacant and/or Abandoned
PropertiesSlide33
Demolitions, Vacant and/or Abandoned
PropertiesSlide34
65
ILCS 5/11-31-1(e)
ELIGIBLE PROPERTIES (A) Residential or Commercial Building, AND (B) 3 Stories or Less in Height (per Municipality's Building Code), AND(C) Building Code Enforcement Officer determines and declares
(1) open and vacant, AND (2) immediate and continuing hazard to the community.
FAST TRACK DEMOLITIONS
Demolitions, Vacant and/or Abandoned
PropertiesSlide35
(
A) Demolish the Building(B) Repair the Building (C) Enclose The Building (D) Removal of Substances or Materials that are (1) Garbage (2) Debris (3) Hazardous
(4) Noxious (5) Unhealthy
POSSIBLE ENFORCEMENT ACTIONS
Demolitions, Vacant and/or Abandoned
PropertiesSlide36
(
A) Building Code Enforcement Officer posts a Notice
(1) at least 2 feet by 2 feet (2) on the front of the Building (3) dated as of the date of posting (
4) states that unless the building is demolished, etc so that an immediate and continuing hazard no longer exists (5) states that the building may be demolished, etc by the
Municipality
(
B) Within 30 days of posting of the Notice, send by certified mail, RRR, a Notice To
Remediate
to persons in interest stating the itnent
of the Municipality to demolish, etc.
(
C) Publish a Notice in newspaper of general circulation for 3 consecutive days with the
above-listed
information
(
D) Record in Office of the County Recorder of Deeds (or in
Registar
of Titles if Torrens
Act applies
) a copy of the Notice To Remediate sent by certified mail
ACTIONS TO ENFORCE
Demolitions, Vacant and/or Abandoned
PropertiesSlide37
Can
File a Complaint/Objection To Demolition In Local Circuit Court to prevent Demolition
If do not file a Complaint or Objection To Demolition, then after 30 Days following the last date of publication of the Notice To Remediate the Municipality Can Demolish, etc., the building
RESPONSE BY PERSON IN INTEREST
Demolitions, Vacant and/or Abandoned
PropertiesSlide38
HOW TO SPEED UP THE DEMOLITION PROCESS WHEN YOU ARE CONFRONTING A COURT SYSTEM THAT IS INDIFFERENT
“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide39
“TRICKS OF THE TRADE” IN PRESENTING MOTIONS AND EXPEDITING COURT PROCEEDINGS FOR JUDICIALLY AUTHORIZED DEMOLITIONS
“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide40
HOW TO FIND PARTY DEFENDANTS WHEN THEY PLAY HARD TO GET, AND HOW TO COLLECT OUR MONEY FOR THE DEMOLITION
“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide41
HOW TO USE LIENS EFFECTIVELY
“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide42
HOW TO GET A
JUDICIAL
DEED IF DESIRED“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide43
ATTORNEY’S FEES
“TRICKS OF THE TRADE”
Demolitions, Vacant and/or Abandoned
PropertiesSlide44
Never forget
Lake Villa v. Stokovich
Recent casesKathrein v. City of Evanston(7th Cir. May 15, 2014)RBIII, L.P. v. City of San Antonio, No. 11-50626 (5th Cir. April 23, 2013).City of Decatur v. Ballinger, 2013 IL App (4th) 120456 (April 16, 2013).Ballinger v. City of Danville, 2012 IL App (4th) 110637 (March 13, 2012).
UPDATED CASELAW
Demolitions, Vacant and/or Abandoned
PropertiesSlide45
WHEN TO TAKE
TITLE
Have neighbors indicated a desire to take care of the propertyCommunity GardensStrategic use for the City
Can the City be a conduit for a useful titleholderAre we leaving it worse than we found it
POST DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide46
POST DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide47
POST DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide48
SURPRISES ALONG THE WAY!
POST DEMOLITION
Demolitions, Vacant and/or Abandoned
PropertiesSlide49
QUESTIONS AND
ANSWERS
Demolitions, Vacant and/or AbandonedProperties