[Adopted 6-27-2006 by Ord. No. 06-048]
Unless otherwise expressly stated or clearly indicated by the
context, the following terms shall, for the purpose of this Part 17,
have the meanings indicated in this section:
A building which is an unoccupied building and which has
had, in a manner intended to be temporary or permanent, any or all
openings, including but not limited to windows or doors which were
present for the purpose of light, ventilation or egress, some material,
whether opaque, solid or transparent, affixed to such openings, from
the interior or exterior of the building, for the purpose of securing
or preventing access or damage to the building or its components.
Any structure occupied or intended for supporting or sheltering
any occupancy.
A vacant building whose condition is in a state of disrepair,
fosters conditions which create public health concerns and are detrimental
to the health, safety and welfare of the neighborhood and the Village,
including the following:
The physical condition or uses of any building are regarded
as a public nuisance at common law, under the Illinois Compiled Statutes,
or under other ordinances or codes of the Village of Homer Glen; or
Any physical condition, use or occupancy or any building or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, broken windows, broken doors, abandoned wells,
shafts, basements, excavations, and unsafe fences or structures; or
Any vacant building which has unsanitary sewerage or plumbing
facilities; or
Any vacant building which is, in its then-current condition,
a fire hazard, or is, in its then-current condition, unsafe or insecure
so as to endanger life, limb or property; or
Any vacant building which is unsanitary, or which is littered
with rubbish or garbage, or which has an uncontrolled growth of weeds;
or
Any vacant building that is dangerous, in a state of dilapidation,
deterioration or decay; faulty construction; open or vacant and the
doors, windows, or other openings are boarded up or secured by any
means other than conventional methods used in the design of the building
or permitted for new construction of similar type; damaged by fire
to an extent as not to provide shelter, in danger of collapse or failure
and dangerous to anyone on or near the premises.
The Director of Community Development or his or her designee.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of Will County as holding title to the property;
or otherwise having control of the property, including the guardian
of the estate of any such person, and the executor or administrator
of the estate of such person if ordered to take possession of real
property by a court.
Includes a corporation, a partnership, limited-liability
company, trust, or other entity as well as an individual.
A lot, plot or parcel of land, including any structure thereon.
A building or portion thereof which lacks the habitual presence
of human beings who have a legal right to be on the premises, including
buildings ordered vacated by the Director pursuant to authority granted
to him by this Part 17. In determining whether a building is "unoccupied,"
the Director may consider these factors, among others:
A building at which substantially all lawful residential or
business activity has ceased.
The percentage of the overall square footage of occupied to
unoccupied space or the overall number of occupied and unoccupied
units shall be considered.
The building is substantially devoid of contents. The condition
and value of fixtures or personal property in the building are relevant
to this determination.
The building lacks utility services, i.e., water, sewer, electric
or natural gas.
The building is the subject of a foreclosure action.
The building is not actively for sale as part of a contractual
agreement to sell the building, the building lacks "for sale," "for
rent" or similar signage, or is otherwise not being actively and diligently
marketed.
The presence or recurrence of uncorrected ordinance or code
violations.
Provided, however, a vacant building does not include unoccupied
buildings which are undergoing construction, renovation, or rehabilitation
and which are in compliance with all applicable ordinances and codes,
and for which construction, renovation or rehabilitation is proceeding
diligently to completion. In addition, vacant buildings shall not
include any building which is otherwise in compliance with Village
ordinances except for the lack of the habitual presence of human beings
having a legal right to be on the premises.
It shall be unlawful for any owner of a vacant building to allow
the vacant building to become a building public nuisance. It is the
policy of the Village that boarding is a temporary solution to prevent
unauthorized entry into a vacant building and that boarded buildings
are a public nuisance. A vacant building may not remain boarded longer
than 12 months unless an extension of that time is approved by the
Director. A vacant building which is unboarded but is otherwise compliant
with Village ordinances and which is determined by the Director not
to require boarding to prevent unauthorized entry may not remain vacant
for more than six months without an approved plan for occupancy, sale,
demolition, or other disposition of the building.
In the event that the Director determines a vacant building
to be a building public nuisance, the Director shall send a notice
of determination with the factual finding to the last taxpayer of
record listed on the most recent county tax records. The notice shall
contain a statement describing the factual basis for the determination
that the building constitutes a building public nuisance to be a vacant
building and a notice of the owner's right to appeal the Director's
determination, and a copy of this Part 17. The notice of determination
shall be sent first class United States mail, with proper postage
prepaid; provided, however, failure of delivery shall not excuse a
person from complying with this Part 17. In lieu of service by mailing,
the Director may personally serve or cause personal service of the
notice of determination, provided any person making such service shall
execute an affidavit attesting to the facts of service, and provided
such personal service shall simply be an alternative to mailing and
not the required means of service of such notice. The Director shall
maintain an affidavit of such mailing for each notice of determination.
The owner of a building who has received a notice of determination or who knows, or from all of the facts and circumstances should know, that his or her building has become a public nuisance as defined herein shall take the actions provided for in this § 75-42 within 15 days after either 1) the date of the Director's notice of determination or 2) occurrence of the facts which would cause a reasonable person to believe that the building was a building public nuisance, or denial of the appeal, whichever occurs first:
A.Â
Register the building with the Director on a form provided by the
Director. The form shall include, as a minimum, the name, street address,
and telephone number of the owner; the case name and number of any
litigation pending concerning or affecting the building, including
bankruptcy cases; and the name, street address, and telephone number
of all persons with any legal interest in the building or the premises.
The form shall require the owner to identify a natural person 21 years
of age or older who maintains a permanent address in Will County,
Illinois, to accept service on behalf of the owner with respect to
any notices the Director sends pursuant to this Part 17 or service
of process in any proceeding commenced to enforce any provision of
this Part 17.
B.Â
The owner shall submit a vacant building plan. The Director shall
prescribe a form for the plan. If the owner fails to submit the plan
as provided for by this Part 17, the Director may determine the plan.
The plan shall contain the following as a minimum:
(1)Â
A plan of action to repair any doors, windows, or other openings
which are boarded up or otherwise secured by any means other than
conventional methods used in the design of the building or permitted
for new construction of similar type. The proposed repair shall result
in openings being secured by conventional methods used in the design
of the building or by methods permitted for new construction of similar
type. The owner shall maintain the building in an enclosed and secure
state until the building is reoccupied or made available for immediate
occupancy. If the owner demonstrates that securing of the building
will provide adequate protection to the public, the Director may waive
the requirement of an enclosure.
(2)Â
A plan of action to remedy the conditions which create the building
public nuisance.
(3)Â
A time schedule identifying a date of commencement of repair and
date of completion of repair for each improperly secured opening and
condition contributing to the building public nuisance identified
by the Director.
(4)Â
When the owner proposes to demolish the vacant building, the owner
shall submit a plan and time schedule for such demolition.
(5)Â
A plan of action to maintain the building and premises thereof in
conformance with Village ordinances.
(6)Â
A plan of action, with a time schedule, identifying the date the
building will be habitable and occupied or offered for occupancy or
sale. The time schedule shall include date(s) of commencement and
completion of all actions required to achieve habitability. No plan
will be approved unless it provides for compliance with this Part
17 within six months.
(7)Â
All premises upon which vacant buildings are located shall at all
times be maintained in compliance with Village ordinances.
A.Â
The Director shall review the proposed vacant building plan in accordance
with the standards below. The Director shall send notice of his or
her determination to the owner of the vacant building.
B.Â
In considering the appropriateness of a vacant building plan, the
Director shall include the following in his or her consideration and
shall make written findings as to each:
(1)Â
The effect of the building and the proposed plan on adjoining property.
(2)Â
The length of time the building has been vacant.
(3)Â
The presence of any public nuisances on the property.
(4)Â
The likelihood that the plan or portion(s) thereof will prevent or
ameliorate the condition it is designed to address.
C.Â
The Director shall, upon notice to the vacant building owner, have
the right to modify the vacant building plan by modifying the dates
of performance, the proposed methods of action, or by imposing additional
requirements consistent with this Part 17 that he or she deems necessary
to protect the public health, safety, or welfare.
Failure to have an approved plan within 30 days of registration
or failure to comply with the approved plan shall constitute a violation
of this Part 17.
A.Â
An owner who receives a notice of determination by the Director may appeal that determination to the Village Manager. Such appeal shall be in writing and shall be filed with the Village Manager within 15 days of the date of the owner's receipt of the notice of determination. The filing of an appeal stays the owner's obligation to register his or her building as required by § 75-42. The appeal shall contain a complete statement of the reasons the owner disputes the Director's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The Village Manager shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Director's written determination.
B.Â
The Village Manager shall send written notice of his or her decision
to the owner within 10 days of his or her receipt of the appeal. The
Village Manager may, but is not required to, seek additional information
from the owner. The Village Manager may, upon written notice thereof
to the owner, take no more than 10 additional days to decide the appeal
if he or she determines that such additional time is required for
consideration of the appeal.
A.Â
Any person found to have violated any provision of this Part 17 shall
be subject to a minimum fine of $100 per day per violation to a maximum
of $1,000 per day per violation, in addition to any other legal or
equitable remedies available to the Village. Such other remedies include,
but are not limited to, injunctive relief, application to a court
of competent jurisdiction for demolition, or condemnation, contracting
for the repair or purchase of the premises, or foreclosure of any
lien the Village may have thereon.
[Amended 4-27-2016 by Ord. No. 16-010]
B.Â
A separate and distinct offense shall be committed each day on which
such person or persons shall violate the provisions of this Part 17.
C.Â
The registration of a vacant building shall not preclude action by
the Village to demolish or to take other action against the building
pursuant to other provisions of this Part 17 or the Illinois Municipal
Code, including but not limited to Section 5/11-31-1 (65 ILCS 5/11-31-1-1
et seq.).
All ordinances or portions of ordinances previously passed or
adopted by the Village of Homer Glen that conflict with or are inconsistent
with the provisions of this Part 17 are hereby repealed, but only
to the extent of such inconsistency. Notwithstanding the foregoing,
this Part 17 shall not be construed to prevent the enforcement of
other applicable ordinances, codes and regulations which prescribe
standards other than those provided herein, and in the event of conflict,
the most restrictive shall apply.
