McHenry County, IL Property Maintenance: Property Blight (2026)
Key Facts
- Unsafe triggers
- Bad egress, ventilation, fire hazard, illegal occupancy
- Vacant + unsecured
- Automatically deemed unsafe, no separate finding
- Boarding limit
- Maximum 6 months as temporary measure
- Noncompliance path
- Referred to State's Attorney's Office
- Imminent danger
- Official can order immediate evacuation
- Emergency repair costs
- Billed to owner, recoverable by lawsuit
Summary
Unincorporated McHenry County's amended building code lets the building official declare any structure or piece of equipment unsafe for inadequate egress, sanitation, fire hazard or illegal occupancy, and every unsecured vacant building is automatically unsafe. Owners get written notice to repair or demolish; ignoring it sends the case to the State's Attorney, and imminent danger lets the official order occupants out immediately.
[A] 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or that constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe. Boarding of a structure is considered a temporary measure until a decision can be made as to what remedy the owner, agent or person in control of the structure declares as provided in this section; but shall not exceed (6) six months or as the building official may deem necessary.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-5: Supplement contains: Local legislation current through Ord. A25-0037, passed 8-19-2025 | State legislation current through ALS 2025 Pamphlet No. 1).
Full Breakdown
Section 116 of the county's amended International Building Code (adopted under § 15.04.010) defines an unsafe structure broadly: inadequate egress, inadequate light or ventilation, fire hazard, illegal or improper occupancy, or inadequate maintenance all qualify, and the building official can order the structure "taken down and removed or made safe." The code goes further on vacant property: "a vacant structure that is not secured against entry shall be deemed unsafe" on that fact alone, no separate finding required. An owner may board up a vacant structure as a stopgap, but boarding is capped at six months, or less at the building official's discretion, before a permanent remedy, repair or demolition, is required.
Once a structure is flagged, § 116.3 requires the building official to serve written notice describing the unsafe condition and demanding the owner declare, within a stated time, what repairs will be made or that the structure will be demolished. Refusing or neglecting that notice triggers § 116.6: the building official refers the matter to the State's Attorney's Office "to pursue recourse provided by law," moving enforcement from an administrative notice into legal action.
Section 117 covers emergencies: if collapse or failure is imminent, the building official can order occupants to vacate immediately and post a notice reading "This Structure is Unsafe and its Occupancy has been prohibited by the Code Official," after which entry is unlawful except for repairs or demolition. The official can also close adjacent streets and sidewalks, perform emergency repairs using county labor and materials, and bill the cost back to the owner, with the State's Attorney authorized to sue for repayment if the owner does not pay.
Violations & Fines
There is no fixed fine schedule in § 116 or § 117; noncompliance escalates to legal action instead. Disregarding a repair-or-demolish notice sends the case to the State's Attorney's Office "to pursue recourse provided by law" (§ 116.6). Entering a posted unsafe structure without authorization is unlawful, and tampering with or removing a building official's equipment seal is expressly prohibited under § 117.8. Emergency repair costs are billable to the owner and recoverable by County suit.
Frequently Asked Questions
What makes a structure "unsafe" under McHenry County's code?
Can the county condemn a vacant house just for sitting unsecured?
What happens if I ignore the county's notice to repair or demolish?
Who pays if McHenry County has to make emergency repairs to my building?
Sources & Official References
Other rules in McHenry County
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