It is the finding of the Village Board that buildings which
remain vacant, with access points boarded over, are unsightly, unsafe
and have a negative effect on their surroundings. This is particularly
troublesome in residential and neighborhood commercial neighborhoods.
Unfortunately, many buildings, once boarded, remain that way for many
years. The purpose of this article is to establish a program for identifying
and registering vacant buildings; to determine the responsibilities
of owners of vacant buildings and structures; and to speed the rehabilitation
of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
OWNER
Those shown to be the owner or owners on the Village Assessment
Roll (or if the Town Roll is adopted, the Town Roll), those identified
as the owner or owners on a vacant building registration form, a mortgagee
in possession, a mortgagor in possession, assignee of rents, receiver,
executor, trustee, lessee, other person, firm or corporation in control
of the premises. Any such person shall have a joint and several obligation
for compliance with the provisions of this article.
UNOCCUPIED
A building which is not being used for an occupancy authorized
by the owner.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
VACANT BUILDING
A building or portion of a building which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building/dangerous building as determined
by the Enforcement Officer;
D.
Unoccupied and has multiple housing or building code violations;
F.
Unoccupied for a period of time over 365 days, and during which
time the enforcement officer has issued an order to correct code violations.
A building which has suffered fire damage or damage caused by
extreme weather conditions shall be exempt from the registration requirement
for a period of 90 days after the date of the fire or extreme weather
event if the property owner submits a request for exemption in writing
to the Building Inspector. This request shall include the following
information supplied by the owner:
A. A description
of the premises.
B. The names
and addresses of the owner or owners.
C. A statement
of intent to repair and reoccupy the building in an expedient manner,
or the intent to demolish the building.
The Enforcement Officer shall inspect any premises in the Village
for the purpose of enforcing and assuring compliance with the provisions
of this article. Upon the request of the Enforcement Officer, an owner
may provide access to all interior portions of an unoccupied building
in order to permit a complete inspection. Nothing contained herein,
however, shall diminish the owner's right to insist upon the
procurement of a search warrant from a court of competent jurisdiction
by the enforcement officer or his or her designee in order to enable
such inspection, and the Enforcement Officer shall be required to
obtain a search warrant whenever an owner refuses to permit a warrantless
inspection of the premises after having been advised of his or her
constitutional right to refuse entry without same.
The Building Inspector shall submit a quarterly report not later
than January 15, April 15, July 15 and October 15 of each year to
the Mayor and Village Board listing all buildings in the Village declared
vacant under the provisions of this article, the date upon which they
were declared vacant and whether a vacant building registration and
vacant building plan has been filed for the building. The report shall
additionally include a list of all previously declared vacant buildings
which are no longer subject to the provisions of this article.
Any person violating any provision of this law shall be punished
with a fine of $50 per day.