[Ord. 17-06-02-70, 6-19-2017]
A. Declaration Of Policy: The purpose of this chapter is to protect
the public health, safety, and welfare by enactment of this chapter
which:
1. Establishes a program for identification, registration, and regulation
of buildings which are or become unoccupied or vacant on and after
the effective date of this chapter.
2. Determines the responsibilities of owners of unoccupied or vacant
buildings.
3. Provides for administration, enforcement, including abatement of
public nuisances, and imposition of penalties.
This chapter shall be construed liberally to effect its purposes.
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B. Other Ordinances: This chapter shall not be construed to prevent
the enforcement of other applicable ordinances, codes, legislation,
and regulations which prescribe standards other than are provided
herein, and in the event of conflict, the most restrictive shall apply.
[Ord. 17-06-02-70, 6-19-2017]
Unless otherwise expressly stated or clearly indicated by the
context, the following terms shall, for the purpose of this chapter,
have the meanings indicated in this section:
BOARDED BUILDING
A building which has had, in a manner intended to be temporary
or permanent, any or all openings, (which openings are windows or
doors which were present for the purpose of light, ventilation or
egress), boarded or enclosed with 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.
BUILDING
Any structure intended for supporting or sheltering any occupancy,
whether or not actually occupied.
DANGEROUS BUILDING
A building defined as a "dangerous building" in the City
Building Code, as it may be amended. Such buildings are public nuisances.
EXTERIOR PROPERTY AREAS
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
MAINTENANCE
Acts of repair and other acts to prevent a decline in the
condition of grounds, structures, and equipment; such that the condition
does not fall below the standards established by this Code and other
applicable statutes, codes and ordinances.
OCCUPANT
Any person (including domestic service employees) living
and/or sleeping in a dwelling unit or having possession of a space
within a building.
OPERATOR
Any person who has charge, care or control of a structure
or premises which is let or offered for occupancy.
OWNER
Any person, agent, occupant, operator, firm, or corporation
having a legal or equitable interest in the property; or recorded
in the official records of the State, County, or Municipality 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.
PERSON
A corporation, a partnership, or other entity as well as
an individual.
PREMISES
A lot, plot, or parcel of land including any structure thereon.
PUBLIC NUISANCE
A.
The following:
1.
The physical condition, or uses of any premises regarded as
a public nuisance at common law, under the Illinois Compiled Statutes,
or under this Code; or
2.
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, abandoned wells, shafts, basements, excavations,
and unsafe fences or structures; or
3.
Any premises which has unsanitary sewerage or plumbing facilities;
or
4.
Any premises designated by the Code enforcement official as
unsafe for human habitation or use; or
5.
Any premises which is manifestly capable of being a fire hazard,
or manifestly unsafe or insecure as to endanger life, limb or property;
or
6.
Any premises which is unsanitary, or which is littered with
rubbish or garbage, or which has an uncontrolled growth of weeds;
or
7.
Any 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 the extent as not to provide shelter, in danger of collapse or
failure and dangerous to anyone on or near the premises; or
8.
Any building defined as a "dangerous building" by this section,
as it may be amended.
RENOVATION
A building and its facilities made to conform to present
day minimum standards of sanitation, fire and life safety.
RUBBISH
Combustible and noncombustible waste materials, except garbage,
and terms shall include the residue from the burning of wood, coal,
coke, and other combustible materials, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass crockery and dust and other similar
materials.
UNOCCUPIED BUILDING
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 Code enforcement official pursuant
to authority granted to him by this Code.
A.
In determining whether a building is "unoccupied", the Code
enforcement official may consider these factors, among others:
1.
A building at which substantially all lawful residential or
business activity has ceased.
2.
The percentage of the overall square footage of occupied to
unoccupied space or the overall number of occupied and unoccupied
units shall be considered.
3.
The building is substantially devoid of contents. The condition
and value of fixtures or personal property in the building are relevant
to this determination.
4.
The building lacks utility services, i.e., water, sewer, electric
or natural gas.
5.
The building is the subject of a foreclosure action.
6.
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.
7.
The presence or recurrence of uncorrected Code violations.
8.
In the C-1 Central Business District the business occupancy
is open for business less than 24 hours per week and business hours
are not displayed on the front of the building.
VACANT BUILDING
A.
A building or portion of a building which is:
1.
Unoccupied and unsecured; or
2.
Unoccupied and secured by boarding or other similar means; or
3.
Unoccupied and a dangerous structure; or
4.
Unoccupied and condemned by the Code enforcement official pursuant
to applicable provisions of this Code; or
5.
Unoccupied and has multiple Code violations; or
6.
Unoccupied and the building or its premises has been the site
of unlawful activity within the previous six months; or
7.
Condemned by the Code enforcement official and unlawfully occupied;
or
8.
Unoccupied for over 180 days and during which time the Code
enforcement official has issued an order to correct public nuisance
conditions and same have not been corrected in a Code compliant manner;
or
9.
Unoccupied for over two years; or
10.
An "abandoned residential property", as defined in 65 Illinois
Compiled Statutes 5/11-20-15.1 as a residential dwelling unit that
has been unoccupied by any lawful occupant or occupants for at least
90 days, and for which after such ninety-day period the City has made
good faith efforts to contact the legal owner or owners of the property
or, if known, the agent of the owner, and no contact has been made.
B.
But not including:
1.
Unoccupied buildings which are undergoing construction, renovation,
or rehabilitation and which are in compliance with all applicable
ordinances, codes, legislation, and regulations, and for which construction,
renovation or rehabilitation is proceeding diligently to completion.
WORKMANLIKE
Whenever the words "workmanlike state of maintenance and
repair" are used in this Code, they shall mean that such maintenance
and repair shall be made in a reasonably skillful manner, and by licensed
professionals where required by law and work shall comply with all
applicable codes and laws.
YARD
An open unoccupied space on the same lot with a building
extending along the entire length of street, or rear or interior lot
line.
[Ord. 17-06-02-70, 6-19-2017]
A. Determination: Within 60 days after the effective date of this chapter,
the Code enforcement official shall evaluate all buildings in the
City he believes to be unoccupied on the effective date of this chapter
and make a determination for each as to whether the building is a
"vacant building" within the meaning of this chapter or an "unoccupied
building" within the meaning of this chapter. The Code enforcement
official has discretion to conduct evaluations by zoning district
and phase in evaluations of all buildings over time. The Code enforcement
official may determine that a building which meets any of the criteria
set forth in this section is not to be regulated under this chapter
for a stated period, if upon consideration of reliable, substantiated
and sufficient evidence, he or she determines that regulation of the
building under this chapter would not serve the public health, welfare,
and safety and makes written findings in support of his decision.
The determination shall be in writing and shall state the factual
basis for the determination. For buildings the Code enforcement official
determines to be "vacant buildings" or "unoccupied buildings", notice
of the determination will be sent to the last taxpayer of record listed
on the most recent County tax roll. The notice of determination shall
be sent first class United States mail. Failure of delivery shall
not excuse a person from complying with this chapter. The Code enforcement
official may personally serve or cause personal service of the notice
of determination. Any person making such service shall execute an
affidavit attesting to the facts of service. The Code enforcement
official shall maintain a record of such mailing for each notice of
determination sent.
The notice shall specify a date and time on which the owner
shall allow for a Code compliance inspection of the interior of the
vacant or unoccupied building to determine the extent of compliance
with City Property, Building, Health, Fire, Water and Sewer Codes.
The owner shall pay the $500 inspection fee to the City within 30
days of the inspection. An unpaid fee shall be a lien upon the premises.
The notice shall contain a statement of the obligations of the
owner of a building determined to be a vacant building or an unoccupied
building to register the building with the City, a copy of the registration
form the owner is required to file pursuant to this chapter, and a
notice of the owner's right to appeal the Code enforcement official's
determination.
B. Appeal Of Determination: An owner of a building determined by the
Code enforcement official to be a vacant building or unoccupied building
as provided for in this chapter may appeal that determination to the
City Council. Such appeal shall be in writing and shall be filed with
the City Clerk within 15 days of the date of mailing of the notice
of determination. The filing of an appeal stays the owner's obligation
to register his building as required by this chapter. The appeal shall
contain a complete statement of the reasons the owner disputes the
Code enforcement official's determination, shall set forth specific
facts in support thereof, and shall include all evidence the owner
relies upon to support the appeal. The City Council shall decide the
appeal on the basis of facts presented by the owner in his or her
written appeal and the Code enforcement official's written determination.
1. The burden is upon the owner to present sufficient evidence to persuade
the City Council that had the evidence been known to the Code enforcement
official at the time the Code enforcement official made the determination,
the Code enforcement official would more likely than not have determined
that the subject building was not a "vacant building" or "unoccupied
building" within the meaning of this chapter.
2. The City Council shall send written notice of its decision to the
owner within 10 days of his or her receipt of the appeal. The City
Council may, but is not required to, seek additional information from
the owner. The City Council 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.
3. An owner who wishes to challenge applicability of this chapter to
his/her building without the Code enforcement official's determination
having been made, shall set forth specific facts to support nonapplicability
in a writing to the Code enforcement official. In the event the Code
enforcement official determines that the subject building is a "vacant
building" or "unoccupied building", the owner shall have the right
to appeal the Code enforcement official's determination to the City
Council as provided for herein.
[Ord. 17-06-02-70, 6-19-2017]
Whenever any building in the City is vacant or unoccupied for
more than 60 days or whenever any building in the City is vacant or
unoccupied and such building or premises thereof contains one or more
of the public nuisances described in this chapter, then the owner
of such building shall, within 10 days of notification from the City,
or within 10 days of final determination of any appeal, register such
building with the City and submit a remedial building plan.
[Ord. 17-06-02-70, 6-19-2017]
In the event any public nuisance exists in connection with the
building or premises thereto, then the Code Enforcement Officer shall
specify in the notice of the vacant or unoccupied building the existence
of such nuisance.
[Ord. 17-06-02-70, 6-19-2017]
Any owner required to register a vacant or unoccupied building
pursuant to this chapter shall supply the following information to
the Code Enforcement Officer:
A. Name, address and telephone number of owner.
B. Name, address and telephone number of any local agent or representative.
C. Name, address and telephone number of all persons with any legal
interest in the property, building and premises.
D. Legal description and tax parcel identification number of the premises
on which the building is situated.
E. The common address of the building.
F. Date on which building became vacant or unoccupied.
G. Remedial building plan.
The building registration shall be filed with the Code Enforcement
Officer accompanied with a $10 filing fee. Registration shall be valid
for a period of six months. If the building is vacant or unoccupied
at the expiration of any registration period and the requirements
of the remedial building plan are not completed, then the owner shall
re-register such building, file a revised remedial building plan,
if requested, and pay a $100 filing fee. If the building is vacant
or unoccupied at the expiration of any registration and the requirements
of the remedial building plan are completed, the owner shall re-register
such building without filing a new remedial building plan and shall
pay a $50 filing fee.
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[Ord. 17-06-02-70, 6-19-2017]
The registration of a vacant or an unoccupied building shall
not preclude any action by the City to demolish or force rehabilitation
of the building, pursuant to other provisions of this Code or other
law, or take other lawful action to abate any nuisances.
[Ord. 17-06-02-70, 6-19-2017]
When a building is registered as required herein, the owner
or agent shall submit a remedial building plan. The Code Enforcement
Officer may determine the remedial building plan if the owner or agent
fails to file a plan or such plan does not conform with this chapter.
The plan shall contain the following:
A. 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 secured
by conventional methods used in the design of the building or by methods
permitted for new construction of similar type.
B. For buildings and premises thereof which are identified as being
or containing public nuisances, then the remedial building plan shall
contain a plan of action to remedy such public nuisances.
C. For buildings and premises thereof which are identified as being
Code deficient, then the remedial building plan shall contain a plan
of action to remedy such deficiencies.
D. For each required plan a time schedule shall be submitted identifying
a date of commencement of repair and date of completion of repair
for each improperly secured opening, identified nuisance and identified
Code deficiency.
E. When the owner proposes to demolish the building, then the owner
shall submit a plan and time schedule for such demolition.
F. A plan of action to maintain the building and premises thereof in
conformance with applicable law.
G. 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 dates of commencement and completion of
all actions required to achieve habitability. No plan which does not
provide for compliance with this chapter or which will not, as determined
by the Code enforcement official, achieve such compliance within six
months, will be approved.
H. All premises upon which unoccupied or vacant buildings are located
and all exteriors shall, at all times, be maintained in compliance
with this Code.
I. Exterior lighting according to standards established by the Code
enforcement official and available from the Code enforcement official.
J. A plan shall additionally provide evidence of liability insurance
for the property in a minimum amount of $500,000.
[Ord. 17-06-02-70, 6-19-2017]
The owner shall allow for a Code compliance inspection of the
interior of the vacant or unoccupied building and shall pay a $500
fee therefor within 30 days of the inspection. Such inspection will
determine the extent of compliance with City Property, Building, Health,
Fire, Water and Sewer Codes. The City shall send the inspection report
to the owner within 30 days.
[Ord. 17-06-02-70, 6-19-2017]
A. Review Remedial Building Plan: The Code enforcement official shall
review the proposed remedial building plan in accordance with the
standards below. The Code enforcement official shall send notice to
the owner of the building of his determination.
B. Standards For Plan Approval: In considering the appropriateness of
a remedial building plan, the Code enforcement official shall include
the following in his or her consideration and shall make written findings
as to each:
1. The purposes of this chapter and intent of the City to minimize the
time a building is boarded or otherwise vacant or unoccupied.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or
ameliorate the condition it is designed to address.
C. Failure To Comply With Plan: Failure to have an approved plan within
30 days of filing the registration form or failure to comply with
the approved plan shall constitute a violation of this chapter subjecting
the owner of the building to penalties as provided in this chapter
and to any remedies the City may avail itself of as provided for herein
and elsewhere in this Code, including, but limited to, an action to
compel correction of property maintenance violations.
[Ord. 17-06-02-70, 6-19-2017]
The Code Enforcement Officer shall, upon notice to the building
owner or agent, have the right to modify the remedial building plan
by altering the dates of performance or the proposed methods of action.
If the owner or agent of the building objects to the modifications
made by the Code Enforcement Officer, such owner shall have the right
of appeal to the City Council for final determination. Such appeal
shall be filed with the City Clerk within 10 days of receipt of the
Code Enforcement Officer's notice of modification.
[Ord. 17-06-02-70, 6-19-2017]
In considering the appropriateness of a remedial building plan,
the City Council shall consider the following:
A. The purposes of this chapter and intent of the Council to minimize
the period of time a building is boarded up or otherwise vacant or
unoccupied.
B. The effect of the proposed plan on adjoining property.
C. The general economic conditions of the community.
D. The financial condition of the owner.
E. The cost to implement the proposed plan.
F. The length of time the building has been vacant.
G. The presence of any public nuisances on the property.
H. The relative hardship on or gain to the public as contrasted and
compared to the hardship or gain of the owner resulting from approval
or modification of the proposed plan.
[Ord. 17-06-02-70, 6-19-2017]
The City Council, after considering the testimony of the Code
Enforcement Officer, the building owner and any interested persons
shall render its decision on the owner's appeal of the modifications
to the remedial building plan. The Council shall have authority to
fashion its own building plan or approve the plan submitted by the
owner, or the plan modified by the Code Enforcement Officer. The decision
of the City Council shall be final and constitute the approved remedial
building plan.
[Ord. 17-06-02-70, 6-19-2017]
Failure to comply with the approved plan shall constitute a
violation of this chapter, subjecting the owner of the building to
penalties upon conviction as provided in this chapter.
[Ord. 17-06-02-70, 6-19-2017]
The remedial building plan shall remain in effect, notwithstanding
a change in ownership. The new owner is required to file a new registration
with the Code Enforcement Officer and supply the name, address and
telephone number of the new owners. The new registration shall be
in the same form as the original registration, however, the $10 filing
fee shall be waived.
[Ord. 17-06-02-70, 6-19-2017]
The owner of a vacant or unoccupied building shall comply with
the International Property Maintenance Code, as amended from time
to time, with specific additions, deletions, assertions and modifications
as set forth in this Code and with all other applicable codes and
ordinances of the City of Le Roy.
[Ord. 17-06-02-70, 6-19-2017]
A. Nuisance Abatement: The City is authorized to perform or provide
for property maintenance activities to abate a nuisance on the premises
of a vacant or unoccupied building, including the following:
1. Cutting and removal of neglected weeds, grass, trees, and bushes
as authorized by this Code and 65 Illinois Compiled Statutes 5/11-20-7;
2. Pest control activities, as authorized by 65 Illinois Compiled Statutes
5/11-20-8;
3. Removal of infected trees as authorized by 65 Illinois Compiled Statutes
5/11-20-12;
4. Removal of garbage, debris, and graffiti as authorized by this Code
and 65 Illinois Compiled Statutes 5/11-20-13; and
5. Removal, securing, and enclosing abandoned residential properties,
as authorized by 65 Illinois Compiled Statutes 5/11-31-1.01.
B. Charges For Nuisance Abatement: The City shall have the authority to collect from the property owner the costs incurred in performing the property maintenance activities to abate the nuisances described in Subsection
A of this section. The City shall send a bill for the cost to the property owner, his agent, legal representative, or occupant in legal possession or control of the premises.
C. Traditional Lien Procedure: If a bill sent pursuant to Subsection
B of this section is not paid in full within 30 days of the date of the bill, the City shall have the authority to file and record a lien against the property, pursuant to Section 11-20-15 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-20-15. If, for any one property, the City engaged in any nuisance abatement activity described in Subsection
A of this section on more than one occasion during the course of one year, then the City may combine any or all of the costs of those activities into a single notice of lien. The lien must be filed in accordance with the lien procedure established by the specific Code provision of which the property is alleged to be in violation or, if no such procedure exists, then the following procedure shall apply:
1. Notice Of Lien: The City or the person performing the service by authority of the City, in its, his or her own name, may file a notice of lien in the Office of the Recorder of Deeds in the counties in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred. If, for any one property, the City engaged in any nuisance abatement activity described in Subsection
A of this section on more than one occasion during the course of one year, then the City may combine any or all of the costs of those activities into a single notice of lien.
a. The notice of lien shall consist of a sworn statement setting forth:
(1)
A description of the real estate that sufficiently describes
the parcel;
(2)
The amount of the cost and expense incurred or payable for the
activities; and
(3)
The date or dates when such cost and expense was incurred by
the City or someone working on behalf of the City.
b. After recording, the notice of lien shall be sent by certified mail
to the property owner, his agent or legal representative or occupant
in legal possession or control of the premises and, if different,
to the person who received the tax bill for the preceding year.
2. Release Of Lien: Upon payment of the cost after the notice of lien
has been filed as provided herein, the lien shall be released by the
City or person in whose name the lien has been filed, and the release
shall be recorded of record in the same manner as recording the notice
of lien.
3. Foreclosure Of Lien: Subsequent to the filing of the above-described
lien, the City may cause to be filed a complaint for foreclosure of
such lien, or upon becoming a defendant in a pending lawsuit affecting
the premises or real estate, by answer to the complaint or in the
nature of an intervening petition or cross-complaint the City may
proceed in its corporate name to foreclose such lien. An action to
foreclose a lien under this section must be commenced within two years
after the date of filing notice of lien. The property subject to a
lien arising under this article shall be sold for nonpayment of the
same, and the proceeds of such sale shall be applied to pay the monies
owing the City.
D. Priority Lien Procedure: The priority lien procedure described in this Subsection
D shall apply only to costs incurred for activities performed on abandoned residential properties, as defined in 65 Illinois Compiled Statutes 5/11-20-15.1 and is an alternative to the traditional lien authorized by Subsection
C of this section. If a bill sent pursuant to Subsection
B of this section is not paid in full within 60 days of the date of the bill, the City shall have the authority to file and record a priority lien against the property, pursuant to Section 11-20-15.1 of the Illinois Municipal Code, 65 Illinois Compiled Statutes 5/11-20-15.1, in the following manner:
1. Notice Of Lien: The City or the person performing the service by authority of the City, in its, his or her own name, may file a notice of a priority lien in the Office of the Recorder of Deeds in the counties in which the real estate is located. The notice of lien shall be filed within one year after the cost and expense is incurred. If, for any one property, the City engaged in any nuisance abatement activity described in Subsection
A of this section on more than one occasion during the course of one year, then the City may combine any or all of the costs of those activities into a single notice of lien.
a. The notice of lien shall consist of a sworn statement setting forth:
(1)
A description of the abandoned residential property that sufficiently
describes the parcel;
(2)
The amount of the cost incurred or payable for the activities;
and
(3)
The date or dates when such cost was incurred by the City or
someone working on behalf of the City; and
(4)
A statement that the lien has been filed pursuant to one or more of the property maintenance activities described in Subsection
A of this section and authorized by 65 Illinois Compiled Statutes 5/11-20-7(d), 65 Illinois Compiled Statutes 5/11-20-8(d), 65 Illinois Compiled Statutes 5/11-20-12(d), 65 Illinois Compiled Statutes 5/11-20-13(e), 65 Illinois Compiled Statutes 5/11-31-1.01, as applicable.
b. After recording, the notice of lien shall be sent by certified mail
to the property owner, his agent or legal representative or occupant
in legal possession or control of the premises and, if different,
to the person who received the tax bill for the preceding year.
c. The City may not file a lien if the lender has provided notice to
the City that the lender has performed, or will perform, remedial
actions; provided, however, that the remedial actions must be performed
or initiated in good faith within 30 days of the lender's notice to
the City.
2. Recordkeeping: To enforce a lien pursuant to this Subsection
D, the City must maintain contemporaneous records that include, at a minimum:
a. A dated statement of a finding by the City that the property has
become abandoned residential property;
b. The date when the property was first observed to be unoccupied by
any lawful occupant;
c. A description of the actions taken by the City to contact the legal
owner of the property, or if known, any agent of the owner;
d. A statement that no contacts were made with the legal owner or, if
known, any agent of the owner;
e. A dated certification by a City official of the necessity and specific
nature of the work performed;
f. A copy of the agreement with the person or company performing the
work and the rates and estimated cost of the work, if applicable;
g. Detailed invoices and payment vouchers for the work;
h. A statement whether the work was competitively bid, and if so, a
copy of all proposals submitted by the bidders.
3. Release Of Lien: Upon payment of the cost after the notice of lien
has been filed as provided herein, the lien shall be released by the
City or person in whose name the lien has been filed, and the release
shall be recorded of record in the same manner as recording the notice
of lien.
4. Enforcement Of Lien: A lien under this Subsection
D is enforceable by the City, or entity or person who performs work on behalf of the City, at the hearing for confirmation of the foreclosure sale of the abandoned residential property and is limited to a claim of interest in the proceeds of the sale. The priority lien is superior to all other liens and encumbrances, except tax liens.
[Ord. 17-06-02-70, 6-19-2017]
It is the policy of the City of Le Roy that boarding is a temporary
solution to prevent unauthorized entry into a vacant or unoccupied
building and that boarded buildings are a public nuisance. A vacant
or unoccupied building may not remain boarded longer than six months
unless an extension of that time is part of a plan approved by the
Code enforcement official. A vacant or unoccupied building which is
unboarded and Code compliant and for which boarding is determined
by the Code enforcement official on the basis of police reports, citizen
complaints, and other information of other type considered reliable
by reasonable persons, to not require boarding to prevent unauthorized
entry may not remain vacant or unoccupied for more than two years
without an approved plan for occupancy, sale, demolition, or other
disposition of the building.
[Ord. 17-06-02-70, 6-19-2017]
A. Any person found to have violated any provision of this chapter shall
be subject to a minimum fine of $100 per day per violation to a maximum
of $750 per day per violation, in addition to any other legal or equitable
remedies available to the City. Such other remedies include, but are
not limited to, injunctive relief, application to a court of competent
jurisdiction for a receiver, demolition, or condemnation, contracting
for the repair or purchase of the premises, or foreclosure of any
lien the City may have thereon.
B. A separate and distinct offense shall be committed each day on which
such person or persons shall violate the provisions of this chapter.
C. Nothing herein contained shall prohibit the City from immediately
condemning as provided for in this Code a building or taking other
immediate action upon a determination that the building is a public
nuisance or poses an imminent danger to the occupants of the building,
or the public, health, safety and welfare.