[HISTORY: Adopted by the President and Board of Trustees of the Village of Bannockburn as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-27-2009 by Ord. No. 2009-30; amended in its entirety 3-9-2020 by Ord. No. 2020-06]
The Village has adopted regulations and requirements relating to its potable water system, the management of stormwater, and the collection and treatment of sewage in order to protect the public health, safety, and welfare. The Village has also adopted regulations and requirements related to land uses, construction, and the development of property in order to protect and preserve property values, the character of the Village, and otherwise promote the public health, safety, and welfare. It is the intended purpose of this Article I of Chapter 175 of this Code to establish a compliance inspection program to be conducted in conjunction with the transfer of real property interests in order to assist in ensuring that the regulations and requirements relating to water, stormwater management, and sewage and general development regulations are abided by so that the protection and promotion of the public health, safety, and welfare can be better achieved.
As used in this article, the following terms shall have the meanings indicated:
- COMPLIANCE CERTIFICATE
- A certificate signifying that the premises have satisfied the compliance inspection with respect to the Village ordinances and development regulations as of the inspection date.
- CONDITIONS OF NONCOMPLIANCE
- Any outstanding fees, charges, rates, penalties, fines, obligations, liabilities, permits, inspections, or violations relating to the premises.
- The person to whom or entity to which the premises are to be transferred.
- See definition in § 205-2A of this Code, even if the transfer may be exempt from platting under 745 ILCS 205/1(b) (the Plat Act).
- A grant, conveyance, or transfer of interest in real property within the Village for which a transfer declaration is required pursuant to 35 ILCS 300/31-1 et seq., or any subdivision that results in a change in legal or equitable ownership.
- TRANSFER NOTICE
- Notification to the Village of an impending transfer.
- The party transferring the interest.
Prior to any transfer as defined in § 175-1, the transferor shall be required to i) notify the Village in writing of the impending transfer at least 10 business days prior to the scheduled closing date for such transfer (or such longer period as may be prescribed pursuant to § 175-6 of this article) and ii) schedule a compliance inspection. Such transfer notice shall include the name of the recipient as defined in § 175-1 and the anticipated closing date for the transfer.
Following receipt of such transfer notice, the Village, or its authorized agent, will conduct the compliance inspection, which will include an on-site inspection of the premises to identify any conditions of noncompliance relating to the premises under the Village ordinances and development regulations, including a review of Village records to determine whether any conditions of noncompliance as defined in § 175-1 exist. After the Village, or its authorized agent, conducts the compliance inspection, the Village will notify the transferor of any conditions of noncompliance identified as part of the compliance inspection relating to or arising from the premises and direct the transferor to take appropriate action to resolve such conditions of noncompliance. Following corrections of any such conditions of noncompliance, a follow-up compliance inspection will be conducted. After the conditions of noncompliance have been fully resolved, the Village will issue a compliance certificate, which compliance certificate shall remain valid with respect to any transfer occurring within 90 days after its issuance.
In the absence of a transfer notice and issuance of a compliance certificate, the transferor will remain liable for any and all conditions of noncompliance accrued under the Village ordinances and development regulations prior to the transfer that involve outstanding payments or penalties. If, however, there is a valid compliance certificate as of the closing date of a transfer, then the transferor will be deemed to have no responsibility for any conditions of noncompliance identified after the date of the transfer.
If no compliance certificate is issued by the Village prior to the transfer, the recipient will be deemed to have assumed responsibility for all conditions of noncompliance with respect to the premises, including joint and several responsibility for outstanding payments and penalties, irrespective of the contribution of the recipient to creating or causing the conditions of noncompliance. If there is a valid compliance certificate as of the closing date of a transfer, then the recipient will be released from any conditions of noncompliance relating to any outstanding payments or penalties associated with the premises and accruing under the Village ordinances and development regulations prior to the transfer. Nothing in this section shall preclude the Village from enacting or enforcing regulations with respect to nonconforming conditions on any premises. The issuance of a compliance certificate is intended to protect the general public health, safety, and welfare and shall not be deemed to insure a recipient regarding the conditions of any premises.
Recipients who accept transfer of title without the issuance of a compliance certificate shall remain responsible for compliance with the requirements of this article.
Fees for the initial compliance inspection and for any follow-up compliance inspection shall be as set forth in the Bannockburn Fee Schedule. Such fees shall be paid prior to issuance of any compliance certificate.
The Village Manager may establish such regulations and forms that are necessary or convenient in the implementation of this article. Such regulations may include time periods within which transfer notices must be submitted and within which conditions of noncompliance must be corrected.
For any real property in the Village that fails to obtain a compliance certificate prior to a transfer as defined in this article when so required by this article, the recipient shall be subject to a fine of $750; provided, however, that such fine shall be only $250 if compliance inspections were undertaken but the required corrective actions were not completed prior to the transfer of title; and provided further that such fine shall be reduced to $50 if the recipient obtains a compliance certificate within 30 days after the completion of the transfer of such real property.
The Village Manager is authorized and directed to notify any recipient who has heretofore acquired an interest in real property in the Village but has failed to undergo the compliance inspection process and otherwise did not comply with the requirements of this Article I of Chapter 175. Such notice shall inform the recipient of the recipient's violation under this article and shall order the recipient to cause the recipient's real property to undergo such inspections and taken all actions required to obtain a compliance certificate within 75 days after such notice. In the event that such recipient shall fail to obtain the compliance certificate within 75 days after such notice (or such longer time, not in excess of 180 days, as the Village Manager may determine is reasonable and appropriate to undertake all actions necessary to obtain a compliance certificate) (the "compliance deadline"), then such recipient shall be subject to a fine of $750 for each violation; each day that passes after the compliance deadline without a compliance certificate shall be a separate violation.