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Docket No. 95118-Agenda 16-May 2003.

THE VILLAGE OF LAKE VILLA, Appellant, v. DOROTHY STOKOVICH et al., Appellees.

Opinion filed February 20, 2004.

JUSTICE GARMAN delivered the opinion of the court:

In 1998, plaintiff, Village of Lake Villa, sought authorization from thecircuit court of Lake County, pursuant to section 11-31-1 of the IllinoisMunicipal Code (Code) (65 ILCS 5/11-31-1(a) (West 1996)), todemolish a structure owned by the defendants, Dorothy Stokovich, astrustee under a trust agreement dated September 16, 1992, and NickStokovich, her son. After a hearing, the circuit court entered an order ofdemolition and the property owners appealed. After a lengthy andconvoluted procedural history, the appellate court eventually found section11-31-1 of the Code unconstitutional on due process grounds. 334 Ill.App. 3d 488. We reverse.

BACKGROUND

The structure at issue is approximately 100 years old and was usedfrom 1949 until 1977 as a nursing home. It was subsequently occupied forseveral years by a caretaker and then by Nick Stokovich. It has beenunoccupied since at least 1992.

In 1997, the Village informed the property owners by means of a"red card" posted on the building and a letter sent to Dorothy Stokovichthat the building was unsafe, abandoned, dilapidated, and animal infested.The letter informed her that the building must either be brought intoconformance with the building code or be demolished. In addition, shewas informed that repair work could not commence until the building hadundergone an inspection and the proper permits were obtained. Furthercorrespondence between the Village and the property owners ensued.Eventually, when no permits were sought, the Village filed a complaint fordemolition.

A thorough review of the evidence reveals that the summarycontained in the appellate court opinion is accurate. See 334 Ill. App. 3dat 491-98. The circuit court found the building unsafe and dangerous,based on testimony regarding the risk of communicable disease evidencedby animal droppings, the presence of methane gas, potential contaminationof the Village's water supply, and structurally weak ceiling rafters. Thecircuit court also found that the value of the building was approximately$100,000; the cost of repair would be approximately $75,000; and suchan expenditure would constitute "substantial renovation" of the building.The circuit court entered an order of demolition.

On appeal, the property owners argued that section 11-31-1 of theCode, which permits demolition of "dangerous and unsafe buildings oruncompleted and abandoned buildings" (65 ILCS 5/11-31-1(a) (West1996)), violates the due process guarantees of both the United States andIllinois Constitutions (U.S. Const., amends. V, XIV; Ill. Const. 1970, art.I,