[Adopted 9-9-2014 by L.L.
No. 5-2014]
The Village Board finds that the proliferation of vacant and
abandoned buildings, structures and dwellings in the Village of Freeport
causes a deterioration of communities and areas within the Village
of Freeport and has a negative impact on the value of property in
close proximity to the vacant and abandoned buildings, structures
and dwellings. Furthermore, the Village Board finds that vacant and
abandoned buildings, structures and dwellings have caused a serious
threat to the safety and welfare of the residents of the Village and
had eroded the quality of life of all who live and work in the Village.
Abandoned and vacant buildings, structures and dwellings are places
of infestation of rodents, vermin, insects, wild animals and other
health-threatening creatures and diseases, provide shelter to criminals
and vagrants who use such places to evade the police and to conduct
illicit activities, and are an attractive nuisance to children and
adults alike.
For purposes of this section, the following words and phrases
shall have the meanings respectively ascribed to them as follows:
BOARDED BUILDING(S) AND STRUCTURE(S)
A building(s) or structure(s) with sheet(s) of plywood, wood
or similar material(s) in front or in place of one or more exterior
doors, other than a storm door, or of one or more windows.
OCCUPIED BUILDING(S) OR STRUCTURE(S)
Any building(s) or structure(s) wherein one or more persons
actually conducts a business or resides in all or any part of the
building as the business occupant, or as the legal or equitable owner(s)/occupant(s)
or tenant(s) on a permanent, nontransient basis, or any combination
of the same. For purposes of this article, evidence offered to prove
that a building is so occupied may include, but shall not be limited
to, the regular receipt of delivery of regular mail through the United
States Postal Service; proof of continual telephone, electric, gas,
heating, water and sewer services; a valid Village business license,
or the most recent, federal, state, or city income tax statements
indicating that the subject property is the official business or residence
address of the person or business claiming occupancy; or proof of
pre-rental inspection.
OWNER(S)
Any person, partnership, limited liability company, corporation
or other entity who, alone or jointly with others, shall have legal
title to any premises, with or without accompanying actual possession
thereof; or who shall have charge, care or control of any dwelling
unit as a cooperative shareholder or as executor, administrator, trustee,
receiver or guardian of the estate or as a mortgagee in possession,
title or control, including but not limited to a bank or lending institution,
regardless of how such possession, title or control was obtained.
VACANT BUILDING(S) OR STRUCTURE(S)
A building(s) or structure(s) where no person or persons
actually currently conducts a business, or resides or lives in any
part of the building or structure as the legal or equitable owner(s)
or tenant occupant(s), or owner-occupant(s), or tenant(s) on a permanent,
nontransient basis. Or wherein electric and water accounts, inspections
by Building Department Personnel verify that the structure(s) is vacant.
The Superintendent of Buildings shall maintain the vacant building
registrations in the normal course of business and shall notify the
local police, fire and ambulance services of all locations on the
registry.
Any owner, or agent of an owner acting on behalf of the owner,
who fails to register a vacant building or to pay any fees required
to be paid pursuant to the provisions of this article, within 30 days
after they become due, shall constitute a violation punishable upon
conviction thereof by a fine in the amount of not less than $1,000
nor more than $15,000 for each failure to register, or for each failure
to pay a required vacant building registration fee.