[JAN. 31, 2006] Whether an eyesore or downright dangerous,
problem properties are the bane of many Illinois community leaders.
Lincoln and Logan County officials hear from residents regularly
about properties that are cluttered and unsightly with junk and
inoperable vehicles and, in some instances, in need of demolition.
The Logan County Board has agreed to adopt a new system to help
resolve some of these problems in unincorporated areas around the
county. The adjudication system will soon be in use to get owners of
properties to remove inoperable vehicles and other junk. The process
issues warnings and violations in a first-level attempt to resolve
the issue before taking it to court.
Lincoln City Council property chairman Jonie Tibbs reintroduced
the problem property subject at last week's council meeting, saying,
"I know it's bugging me and you all too: buildings that we have in
town that need attention."
Negative impacts of poorly kept property include:
Conditions that threaten public health -- often attracting
insects, birds or rodents.
Children could suffer serious injury or worse playing on
abandoned property. The old garment factory burned to the ground
last year from a fire started by children.
Rubble or deteriorated structure could collapse.
Leaving a bad impression on people visiting the community,
especially those considering moving their residence or business
here.
Influence on neighboring property values.
Diminished community pride. People want their community to
look good.
Officials have limited recourse to press the owners into
complying with an order to clean up property or repair structures.
The legal process is time-consuming and costly and becomes even more
so when by ordinance the city is pressed to protect the public by
taking over a property.
Local officials often struggle to get some property owners to
fall in line with community standards. The city first requests
property owners to clean up or face a violation with fees. According
to a report by city inspector Les Last, some owners respond and get
the work done. Others do not.
Legal proceedings are often weak and ineffective, as seen in the
case of a resident the city has pressed for years, Gordon McCann.
They've taken him to court on numerous violations. Yet, his property
gets worse. And now city zoning officer Les Last says, "I hear from
people all the time, 'Well, he gets away with it.'"
The wreckage on McCann's Jefferson Street property is piled high,
extends on both sides of the house from the front to back of the
property limits, and presses over the tops of the side fences.
Illinois law moderates the options open to municipalities and
counties. Whether forcing the owner to do the work or taking over
the property, it is always time-consuming and costly.
City attorney Bill Bates said that in the interest of economics,
"Les Last and I have tried to short-circuit the process to some
degree, knowing the city does not have the money." Instead of going
the route of a demolition action with the large expenses involved,
we've filed some ordinance violations and are pursuing those
diligently, trying to get the owners to get this done, he said
Last said that they are making some headway. "The ones that are
really dangerous I try to pursue," he said. Lincoln had demolitions
of 12 houses and 11 garages last year. There was also some response
to orders to repair or demolish. There's a couple that won't do
anything, he said.
Bates explained the process of taking over a property that the
city building inspector has deemed unsafe and the property owner has
not complied with demolition orders. He said, "It costs the city
every step of the way: legal fees, filing service, title work fees;
then once we win, we get the luxury of paying someone to tear it
down at our expense."
You file a petition to the circuit court to demolish.
If you can get an order of demolition, you pay a contractor
to tear it down.
You file a lien on the property so that if it is ever sold,
they must pay it off.
To force the lien, you file another lawsuit for the property
to be sold at public auction. The sale would recover some of the
costs.
The city does not have enough extra money anywhere to spend on
all the litigation involved, Bates said.
Then there is the property after demolition and lawsuits. It
costs the city more than the city can recover in a demolition.
The Miller Building cost $100,000 to tear down, Alderman Buzz
Busby said. And now we have a $10,000 lot, finance chairman Verl
Prather added.
The Stetson China Factory warehouse on Chicago Street cost
$25,000, but it had a quarter-million in liens against the property.
Alderman Benny Huskins recalled another property that cost
$6,500, and the city got $1,400 back.
The demolition of the Mill Restaurant at Lincoln's southwest
gateway is estimated at $25,000-$30,000. The city has made efforts
to work with the new property owner. Recent letters and calls have
not been answered, Last said.
Alderman Crane said, "The funding is just not there."
Last said: "The costs are not put in the budget. There has been
$50,000 a year appropriated. You've got to figure out where the
money is going to come from and budget it."
City aldermen agreed that cleanup of the properties is something
that needs to be pursued by the city but also agreed that it would
be too costly to try to do too much at once. New efforts will be
made to budget for demolitions in the new budget.
Mayor Beth Davis said, "It's up to the taxpayers: Do you want
services, or do you want to look at a building another couple of
years?"
