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Demolitions, Vacant and/or Abandoned Demolitions, Vacant and/or Abandoned

Demolitions, Vacant and/or Abandoned - PowerPoint Presentation

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Demolitions, Vacant and/or Abandoned - PPT Presentation

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

vacant demolitions abandoned properties demolitions vacant properties abandoned building repair demolition city cost structure property reasonable court municipality trade

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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