[HISTORY: Adopted by the Board of Trustees of the Village
of Tilton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-17-2011 by Ord. No. 2011-03-17-E (Ch. 11.16 of the Village
Code)]
A.
It is the purpose and intent of the Village of Tilton Board of Trustees,
through the adoption of this article, to establish an abandoned real
estate registration program as a mechanism to protect neighborhoods
from becoming blighted through the lack of adequate maintenance and
security of abandoned properties.
B.
Nothing in this article shall be interpreted to allow or encourage
circumvention of the foreclosure statutes of the State of Illinois.
For the purpose of this article, certain words and phrases used
in this article are defined as follows:
A property that is vacant and is under a current notice of
default or notice of a mortgagee's sale or a trustee's sale and is
not currently being offered for sale, rent or lease by the owner subject
to such actions(s) (Currently being offered for sale, rent or lease
is evidenced by a sign posted on the subject property advertising
the property for sale, rent or lease with contact information and
current phone number and/or an active listing in an electronic database
accessible to Village staff.) and/or property that has been the subject
of a foreclosure sale where the title was retained by the beneficiary
involved in the foreclosure and any property transferred under a deed
in lieu of foreclosure, whether or not the property is being marketed
for sale, rent or lease.
A property or structure that unauthorized persons may gain
access or entry to through a compromised/breached/unsecured gate,
door, fence, wall, window or other point of entry.
Any agreement or written instrument which provides that title
to real property shall be transferred or conveyed from one owner to
another owner after the sale, trade, transfer or exchange.
A lender or other entity under a note secured by a mortgage
or a deed of trust.
Any person, copartnership, association, corporation or fiduciary
that agrees to transfer anything of value in consideration for property
described in an agreement of sale.
Consecutive calendar days.
A recorded document that transfers property from the mortgagor
to the mortgagee of a mortgage or the trustor to the holder of a deed
of trust upon consent of the beneficiary of the deed of trust.
An instrument by which title to real estate is transferred
to a third-party trustee as security for a real estate loan.
The failure to fulfill a contractual obligation, monetary
or conditional.
A property that is under a current notice of default and/or
notice of mortgagee's sale or trustee's sale or there has been a foreclosure
by the mortgagee or trustee or has been conveyed to the beneficiary/mortgagee/trustee
via a deed in lieu of foreclosure.
Any condition visible from the exterior that on its own,
or combined with other conditions present, would cause a reasonable
person to believe that the property is legally occupied. Such conditions
include but are not limited to secured/locked structures; active utility
services; the absence of overgrown and/or dead vegetation; the absence
of an accumulation of newspapers, circulars, flyers and/or mail; the
absence of an accumulation of trash, junk and/or debris; the presence
of window coverings such as curtains, blinds and/or shutters; the
presence of furnishings and/or personal items consistent with residential
habitation; statements by neighbors, passersby, delivery agents or
government employees that the property is legally occupied; or actual
contact with occupants.
Any condition visible from the exterior that on its own or
combined with other conditions present would lead a reasonable person
to believe that the property is vacant. Such conditions include, but
are not limited to, overgrown and/or dead vegetation; accumulation
of newspapers, circulars, flyers and/or mail; past-due utility notices
and/or disconnected utilities; accumulation of trash, junk and/or
debris; the absence of furnishings and/or personal items consistent
with residential habitation; and statements by neighbors, passersby,
delivery agents or government employees that the property is vacant.
An individual, entity or department that is responsible for
inspecting, securing and maintaining abandoned property.
The process by which a property, placed as security for a
real estate loan, is sold at auction to satisfy the debt if the mortgagor
or trustor (borrower) defaults.
A physical investigation at a property to obtain evidence
of occupancy or vacancy and/or to verify compliance with this article
and any other applicable code or law. Although interior inspections
may be allowed under a mortgage or deed of trust, they are not required
by this article.
An instrument by which an interest in real estate is transferred
to a lender as security for a real estate loan.
A person, firm or entity holding a mortgage secured by an
interest in the real estate.
A person, firm or entity that gives a mortgage to a lender/mortgagee
to secure a loan.
Those conditions that are present on a simple majority of
properties within a 300-foot radius of the subject property. A property
that is the subject of a neighborhood standard comparison, or any
other abandoned property within the 300-foot radius, shall not be
counted toward the simple majority.
A recorded notice that a default has occurred under a mortgage
or a deed of trust and that the beneficiary intends to proceed with
a foreclosure sale.
Any person, copartnership, association, corporation or fiduciary
having a legal or equitable title or any interest in any real property.
Any unimproved or improved real property, or portion thereof,
situated in the Village; and includes the buildings or structures
located on the property, regardless of condition.
The entity, group, section, department or the designee of
a beneficiary that is responsible for inspecting, securing and maintaining
abandoned and REO property.
The beneficiary that is pursuing foreclosure of a property
subject to this article secured by a mortgage, deed of trust or similar
instrument or a property that has been acquired by the beneficial
interest at a foreclosure sale.
Such measures as may be directed by the Village or its designee
so that the property is not accessible to unauthorized persons, including
but not limited to the repairing of fences and walls, chaining/padlocking
of gates, the repair or boarding of door, window and/or other openings.
Boarding shall be completed to a minimum of the current HUD securing
standards at the time the boarding is completed or required. Locking
includes measures that require a key, keycard, tool or special knowledge
to open or gain access.
An instrument that transfers the beneficial interest under
a mortgage or deed of trust from one beneficiary to another.
The person, firm, entity or corporation holding a deed of
trust secured by the property.
A borrower under a deed of trust, who deeds property to a
trustee as security for the payment of a debt.
A building/structure that is not legally occupied.
Within 10 days of the purchase and/or transfer of a loan/mortgage
or loan/deed of trust secured by real property, the new beneficiary/trustee
shall record with the Vermilion County Recorder's Office a substitution
of beneficiary of the mortgage or deed of trust, or similar document,
that lists the name of the corporation, entity and/or individual,
the mailing address and contact phone number of the new beneficiary/mortgagee/trustee
responsible for receiving payments associated with the loan/deed of
trust.
A.
Any responsible party/beneficiary or their designee shall perform
an inspection of the property that is the security for the mortgage
or deed of trust, upon default by the mortgagor or trustor, within
10 days of recording a notice of default with the Vermilion County
Recorder's Office. If the property is found to be vacant or shows
evidence of vacancy, it is, by this article, deemed abandoned and
the responsible party/beneficiary shall, within 10 days of the inspection,
register the property.
B.
Registration may be accomplished by the following method: by completing
and returning to the Village of Tilton Clerk or his/her designee a
Village-provided registration form with required fee.
C.
If the property is occupied but remains in default, it shall be inspected
by the responsible party/beneficiary, or their designee, monthly until
1) the mortgagor or another party remedies the default or 2) it is
deemed abandoned. The responsible party/beneficiary or their designee
shall, within 10 days of that inspection, register the property as
described above.
D.
The registration shall contain the name of the beneficiary/responsible
party, the direct street/office mailing address of the responsible
party/beneficiary (no P.O. boxes), a direct contact name and phone
number for the responsible party/beneficiary and the name, address
and phone number of the property management company, field service
provider, property preservation or real estate owned (REO) section/department
responsible for inspecting, securing and maintaining the property.
E.
An initial registration fee shall accompany the registration form.
The registration shall be valid for as long as the registered property
remains subject to this article. Any changes to the information required
on the registration shall be reported to the Village Clerk or his/her
designee in writing within 10 days of the change. The Village is not
responsible to verify the accuracy of the information provided.
F.
This section shall also apply to property that has been the subject
of a foreclosure where the title was transferred to the beneficiary
of a mortgage or a deed of trust involved in the foreclosure and any
property transferred under a deed in lieu of foreclosure.
G.
Property subject to this article shall remain under the registration
requirement, security and maintenance standards of this section as
long as the property remains abandoned.
H.
It is the obligation of the responsible party/beneficiary/owner to
inform the Village of pending action, such as a bankruptcy, other
court or administrative action that would prohibit the responsible
party/beneficiary/owner from taking any of the actions required in
this article.
A.
The exterior of the property shall be, in comparison to the neighborhood
standard, kept free of weeds, dry brush, dead vegetation, trash, junk,
debris, building materials, any accumulation of newspapers, circulars,
flyers, notices, except those required by federal, state or local
law, discarded personal items, including but not limited to furniture,
clothing, large and small appliances, printed material or any other
items that give the appearance that the property is abandoned.
B.
The property shall be maintained free of graffiti, tagging or similar
markings by removal or painting over with an exterior-grade paint
that matches the color of the exterior of the structure.
C.
Insofar as there is existing or previously existing landscaping,
all visible front and side yards shall be maintained to the neighborhood
standard at the time registration was required. If no landscaping
previously existed at the property in front and visible side yards,
installation is not required under this article.
(1)
Landscaping includes, but is not limited to, grass, ground covers,
bushes, shrubs, hedges or similar plantings, decorative rock or bark
or artificial turf/sod designed specifically for installation on real
estate.
(2)
Landscaping does not include weeds, gravel, broken concrete, asphalt,
decomposed granite, plastic sheeting, mulch (unless applied in conjunction
with reseeding of turf areas), indoor-outdoor carpet or any similar
material.
(3)
Maintenance includes but is not limited to regular watering, irrigation,
cutting, pruning and mowing of required landscaping and removal of
all trimmings.
D.
Pools and spas shall be kept in working order so the water remains
clear and free of pollutants and debris or drained and kept dry. In
either case, properties with pools and/or spas must comply with the
minimum security fencing requirements of the State of Illinois.
E.
Adherence to this section does not relieve the beneficiary/responsible
party of any obligations set forth in any covenants, conditions and
restrictions and/or homeowners' association rules and regulations
which may apply to the property.
Property subject to this article shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
A.
"Secure manner" includes but is not limited to the closure and locking
of windows, doors (walk-through, sliding and garage), gates and any
other openings of such size that leave it accessible. In the case
of broken windows, "securing" means the reglazing or boarding of the
window. "Locking" includes measures that require a key, keycard, tool
or special knowledge to open or gain access.
B.
The responsible party/beneficiary or their designee shall perform
monthly inspections to verify that the requirements of this article
are being met.
C.
If the responsible party/beneficiary does not have a property preservation
or real estate owned section/department, a field service provider
or property manager shall be contracted to perform the inspection
to verify that the requirements of this section, and any other applicable
laws, are being met.
D.
The property shall be posted with the name and twenty-four-hour toll-free
contact phone number of the beneficiary or property preservation,
real estate owned section/department, field service provider or property
manager. The posting shall be no less than 8 1/2 inches by 11
inches and shall contain, along with the name and twenty-four-hour
toll-free contact number, the words "THIS PROPERTY MANAGED BY" and
"TO REPORT PROBLEMS OR CONCERNS CALL" or similar. The posting shall
be placed in a window adjacent to the entry door or attached to the
exterior of the entry door. Exterior posting must be constructed of
and printed with, or contained in, weather-resistant materials.
E.
The property preservation/real estate owned section/department, field
service provider, property manager or their designee shall inspect
the property on a monthly basis to determine if the property is in
compliance with the requirements of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Village of Tilton or its designee shall have the authority
to require the responsible party/beneficiary of any property affected
by this section to implement additional maintenance and/or security
measures, including but not limited to securing any/all doors, windows
or other openings, installing additional security lighting, increasing
on-site inspection frequency, employment of an on-site security guard
or other measures as may be reasonably required to arrest the decline
of the property.
The fee for registering an abandoned residential property shall
be set by resolution of the Village Board.
Violations of this article may be enforced in any combination
allowed by Village ordinances and Illinois law.
Any person found guilty of violating any provision of this article shall be fined for each offense in accordance with Chapter 55, Article I, General Penalty, of the Village Code. Each day a violation continues shall be deemed a separate offense. In addition to any fine imposed under this article, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or Circuit Court proceeding, and reasonable attorney's fees, as well as any costs or expenses incurred by the Village for mowing or other maintenance which the owner, mortgagee or trustee failed to perform in accordance with this article.
[Adopted 3-17-2011 by Ord. No. 2011-03-17-J (Ch. 11.16 of the Village
Code)]
The Village Board finds that vacant buildings are unsightly,
unsafe, a nuisance, create a hazard to the neighborhood and citizens
and have a negative effect on the community. Further, many buildings,
once vacant, remain that way for years. The purpose of this article
is to protect the public health, safety and welfare by establishing
a program for identifying and registering vacant buildings, to set
forth the responsibility of owners of vacant buildings and to speed
the rehabilitation of vacant structures.
For the purpose of this article, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning:
Where the condition of the building, structure or any part
thereof is an imminent, immediate and substantial danger to the health
or safety of anyone on the premises or the general public. Such conditions
include, but are not limited to, fire hazards, falling or dilapidated
buildings, structures, or any part thereof, loss of significant water,
heat, ventilation, or lack of sanitary conditions.
Individuals charged with enforcing the Code of Ordinances
of the Village.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The person, persons or entity shown to be the owner or owners
on the records of the Vermilion County Recorder, 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 or other person, firm or corporation in
control of the premises. Any such person shall have joint and several
obligations for compliance with the provisions of this article.
A building secured by means other than those used in the
design or approved plans for the building.
A building which lacks the habitual presence of human beings
who have a legal right to be on the premises, including buildings
ordered vacated by an enforcement officer of the Village, a court
of competent jurisdiction or Administrative Adjudication Hearing Officer.
In determining whether a building is unoccupied, the enforcement officer
may consider these factors, among others: whether lawful residential
or business activity has ceased; the building is substantially devoid
of contents or has minimal fixtures or personal property in the building;
the building lacks utility services; the building is subject to a
foreclosure action; and the presence or reoccurrence of violations
of Village codes.
A building or portion of a building which is open to entry
by unauthorized persons, without the use of tools or a ladder.
A building or structure which is any one or more of the following:
A.
The owner of a vacant building shall register with the Village Clerk
no later than 30 days after any building becomes a "vacant building."
The obligation to register a building as a vacant building shall be
on the owner of the building. The Village may give notice to an owner
requiring registration as indicated, but the obligation to register
rests with the owner, whether or not the owner receives any notice.
An enforcement officer may identify vacant buildings through a routine
inspection process. Upon notification by residents, neighborhood associations
or other community groups that a building may be eligible for inclusion
on the registry, an enforcement officer shall conduct an inspection
to determine whether such building is a "vacant building" and required
to be registered.
B.
A notice to register issued by an enforcement officer shall be served
in person or by first class mail to the owner of record and any registered
property manager, if known. If the notice is served by first class
mail, the notice shall be sent to the owner's and manager's last known
address, and the date of mailing shall be the date of service. The
notice to register may also include information outlining programs
available which may be useful to implement a rehabilitation plan.
C.
The registration shall be submitted on forms provided by the Village
Clerk and shall including the following information:
(1)
A description of the premises, including square footage, number of
stories, age of the building and most recent use of the building;
(2)
The name, street address and telephone numbers of the owner or owners;
(3)
The name, street address and telephone number of any registered property
manager;
(4)
The name and street address of all known lienholders of record, and
all other parties with an ownership interest in the building;
(5)
A name, street address and telephone number of a responsible person
who can be reached at all times during business and nonbusiness hours.
D.
The owner shall submit a vacant building plan, which must be approved
by the Village or its designee. The plan shall contain a statement
as to which of the following three options for the property the owner
has chosen for the property, as well as the accompanying information:
(1)
Building to be demolished. If the building is to be demolished, the
owner shall provide a demolition plan indicating the proposed time
frame for completion of the demolition.
(2)
Building to remain vacant. If the building is to continue to be vacant,
the owner shall provide a plan for securing the building, along with
the procedure for maintaining the building and property. The owner
shall also provide a statement as to the reason(s) why the building
will continue to be vacant.
(3)
Building to be rehabilitated. If the building is to be returned to
appropriate occupancy or use, the owner shall provide a plan for rehabilitating
the building. The rehabilitation plan shall provide for completion
of the rehabilitation within 365 days from the date of submission
of the plan and will include progress benchmarks every four months.
Any repairs, improvements or alterations to the property must comply
with all applicable Village codes, including, but not limited to,
zoning, historic preservation, property maintenance and building codes.
A progress benchmark may be extended by the Village or its designee,
but only for good cause shown and upon receipt of a written statement
from the owner detailing the reasons for the requested extension.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
E.
The owner shall comply with all applicable laws and codes in meeting
the obligations under the plan chosen. The owner shall notify the
Village of any changes in information supplied as part of the vacant
building registration within 30 days of the change. If the plan or
timetable for the vacant building is revised in any way, the revisions
shall be in writing and must meet the approval of the Village or its
designee.
F.
The owner and any subsequent owner shall keep the building secured
and safe and the building and property properly maintained, according
to all applicable codes.
G.
Failure of the owner or any subsequent owner to meet the obligations
of the plan or maintain the building and property as required herein
or by other Village codes shall be grounds for the Village:
(1)
To remediate or demolish the building and utilize the surety bond
to pay the costs of such remediation or demolition;
(2)
To revoke the rehabilitation plan; or
(3)
To pursue any and all violations and to impose the fees provided
in this article and any applicable penalties provided in the Village
Code against the owner.
H.
Any new owner shall register or reregister the vacant building with
the Village Clerk within 30 days of any transfer of an ownership interest
in a vacant building. The new owner shall comply with the approved
plan and timetable submitted by the previous owner until any proposed
changes are submitted and meet the approval of the Village.
I.
Registration fees; bond.
[Amended 1-19-2017 by Ord. No. 2017-01-19-B; at time of adoption of Code
(see Ch. 1, General Provisions, Art. I)]
(1)
The owner of a vacant residential or nonresidential building shall
pay a yearly registration fee as set from time to time by the Board
of Trustees. Any vacant building containing both residential and nonresidential
areas shall be consider nonresidential for purposes of the registration
fee. The registration fee is due and payable upon registration.
(2)
The owner of a vacant building shall be required to obtain a surety
bond in an amount sufficient to secure the demolition of the building.
The owner shall maintain such bond until the building is no longer
vacant or is demolished. A copy of the surety bond shall be attached
to the registration form.
(3)
If a residential or nonresidential building is to remain vacant,
the owner shall also pay an annual vacant building fee as set from
time to time by the Board of Trustees until the building is properly
demolished or rehabilitated. Each fee, whether residential or nonresidential,
is due and payable together with the registration fee and on each
anniversary thereafter until the building is demolished or rehabilitated.
(4)
If the building is to be returned to appropriate occupancy or use, the rehabilitation plan shall not exceed 365 days and will include progress benchmarks every four months. A progress benchmark may be extended by the Village or its designee, but only for good cause shown and upon receipt of a written statement from the owner detailing the reasons for the requested extension. If the rehabilitation has not been completed or extended, the owner shall pay an annual vacant building fee in an amount set from time to time by the Board of Trustees until the building is properly demolished or rehabilitated. The annual vacant building fee is payable either on the anniversary of the payment of the registration fee in Subsection I(1) above or no later than 15 days after being notified by an enforcement officer that the owner has failed to meet a required benchmark, whichever is earlier, and on each anniversary thereafter until the building is demolished or rehabilitated.
(5)
If the owner of a vacant building fails to register, pay the fees
and obtain the required bond, the owner shall be subject to the penalties
set forth in this Code.
(6)
All fees shall be paid by the owner prior to any transfer of an ownership
interest in any vacant building. If the fees are not paid prior to
any transfer, the new owner will pay the annual fee plus an additional
amount set from time to time by the Board of Trustees no later than
30 days after the transfer of ownership, and subsequent annual fees
will be due on the new anniversary date.
(7)
Any owner who fails to pay an annual vacant building fee when due
shall be charged a late fee as set from time to time by the Board
of Trustees per month or any part thereof for which payment is not
received within 30 days from the date of the demand for payment or
an invoice.
A.
The owner of a vacant building will take such steps and perform such
acts as may be required of him from time to time to ensure that the
building and its adjoining yard remain safe and secure and do not
present a hazard to the adjoining property or the public. Owners will
be responsible for maintaining their buildings and structures so that
they do not become an unoccupied hazard. In any building that is vacant
or about to become vacant, there will be at least one access which
meets the approval of the Village. When a building becomes vacant,
the owner shall post a "No Trespassing" sign on the building or property
in at least two conspicuous places.
B.
The owner shall protect and maintain the exterior of the building
according to all applicable codes, as well as the following:
(1)
Exterior walls, including foundations, will be maintained such that
water does not penetrate into basements, cellars or other interior
areas. All exterior walls and foundations must be free of holes and
crevices.
(2)
Exterior doors, windows, skylights and similar openings will be maintained
weathertight.
(3)
Exterior stairs, porches, entrance platforms, fire escapes and the
railings thereon shall be maintained in a safe and sound condition.
(4)
Roofs shall be maintained in a watertight condition.
(5)
Exterior surfaces shall be maintained in good condition. Surfaces
not inherently resistant to deterioration shall be treated with a
protective coating of paint or other suitable preservative.
(6)
The covering for glass doors and windows may not consist of any substance
sprayed onto the glass doors or windows. All enclosures shall be properly
fitted and be of such material and surface that they are neither unsightly
nor will materially detract from the general appearance of the building
or the neighborhood and, when possible, secured by normal means.
(7)
The covering for broken doors and cracked or broken windows may consist
of glass, Plexiglas, plywood or similar materials finished and maintained
in a manner recommended and approved by the Village or its designee.
If plywood or similar material is used, the material shall be cut
to fit the opening and painted the same color scheme as the building.
(8)
Windows that are not cracked or broken may be covered with interior
blinds, curtains or shades.
(9)
The premises shall be kept free of insects and vermin, and will be
treated if necessary.
(10)
Any excavation, swimming pool or other attractive nuisance must
be filled in or properly closed.
C.
In addition to the standards prescribed above, vacant commercial
and retail buildings shall comply with the following standards:
(1)
Any and all broken or cracked windows shall be replaced with plywood,
glass, Plexiglas or other similar material approved by the Village
or its designee. If plywood or similar material is used, the material
shall be cut to fit the opening and painted in the same color scheme
as the building or with an approved mural or announcement sign. Such
coverings shall be maintained in good repair and shall not be allowed
to deteriorate.
(2)
All exterior sign posts or hardware, awnings and lighting systems,
if not removed, shall be maintained in a nondeteriorated and safe
condition.
D.
The owner shall protect and maintain the interior of the building
according to all applicable codes, as well as the following:
E.
The owner shall further maintain the premises as follows:
(1)
Shall not permit garbage and refuse to accumulate;
(2)
Shall not permit insects, vermin or rodents to infest the premises;
(3)
Shall not discard, abandon or store refrigerators or similar equipment
with locking mechanisms without first removing the locking devices
or the hinges of the doors;
(4)
Shall not store or otherwise allow inoperable, abandoned or junked
vehicles on the premises;
(5)
Shall maintain chimneys, smokestacks, flues, gas vents, smoke pipes
and connectors structurally safe and smoketight;
(6)
If the building is to be demolished or remain vacant, then, within
10 days of registering the building, disconnect all fuel gas, water
and other utilities at the mains and drain the water pipes; or, if
the building is going to be rehabilitated, heat the building to avoid
freezing pipes, maintain fuel gas pipe systems gastight, safe and
in operative condition, and maintain water pipes to avoid leaks and
breakages;
(7)
Maintain fuel tanks so that they will not become a hazard, or discontinue
use of the fuel tanks consistent with any applicable codes, laws or
regulations;
(8)
Maintain the domestic water supply system such that it is connected
to an approved source, will not be subject to contamination and will
not be connected to unsafe water supplies; or disconnect the water
supply system at the main and completely drain the system;
(9)
Maintain stormwater drainage systems so as to function properly and
be kept free from obstructions, leaks and defects; maintain sewage
systems so as to function properly and be kept free from obstructions,
leaks and defects, or sealed so as to prevent accumulation of sewage
gases into the building;
(10)
Maintain electrical fixtures, devices, wiring and systems in
safe working condition so as to avoid a potential source of ignition
or shock; or disconnect the service at the supply;
(11)
Maintain elevators, dumbwaiters and escalators, or take them
out of service;
(12)
Provide for snow removal;
(13)
Maintain the yard by trimming trees, bushes and shrubs, mowing
the grass and keeping the premises free of physical hazards and rodent
harborage and infestation.
F.
Whenever the owner of a vacant building fails to comply with a notice from the Village to take steps and perform acts required to ensure that a building and its adjoining yards remain safe and secure and do not present a hazard to adjoining property, the Village may, pursuant to Chapter 50, Article I, Right of Entry for Inspection, and Chapter 120, Article I, Building Code, of this Code, enter onto the building and the property and take steps and perform acts to render the building and its adjoining yards safe, secure and free from hazards to adjoining property and the public. These acts may include, but not be limited to, removal of dangerous conditions, properly replacing or boarding up windows and doors, shutting off utilities, capping plumbing to prevent leakage of water or sewer gas and removing flammable or otherwise hazardous material and debris. A bill for expenses incurred in performing any of said acts will be sent to the owner.
A.
A building which has suffered fire damage or damage caused by extreme
weather conditions will 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 Village Clerk. The request shall include the following: a description
of the premises; the reason for the request for exemption; the names
and street addresses of the owner(s); and, a statement of intent to
repair and reoccupy the building in an expedient manner, or the intent
to demolish the building.
B.
Any building that is actively marketed for sale or rent shall not
be required to register and abide by the requirements of this article
unless and until such building has remained vacant for a period longer
than 12 months. The exemption contained herein shall not be afforded
the owner of a vacant building that has been actively marketed for
sale or rent for a period longer than the 12 months preceding the
effective date of this article.
By registering a vacant building, the owner consents to the
Village or its designee inspecting the premises for the purpose of
enforcing and assuring compliance with the provisions of this article.
Upon request of the enforcement officer, the owner shall provide access
to all interior portions of a vacant building in order to permit a
complete inspection. Nothing contained herein will diminish the owner's
right to insist upon the enforcement officer obtaining an administrative
search warrant before conducting any inspection. In the case of an
emergency this section shall not apply.
This chapter shall not be construed to prevent the enforcement
of other laws, codes, ordinances and regulations which prescribe standards
other than those provided herein, and in the event of conflict, the
most restrictive shall apply. The registration of a vacant building
pursuant to this article shall not preclude action by the Village
to demolish or force rehabilitation of the building as provided in
this Code or other laws.
Any person found guilty of violating any provision of this article shall be fined for each offense in accordance with Chapter 55, Article I, General Penalty, of the Village Code. Each day a violation continues shall be deemed a separate offense. In addition to any fine imposed under this article, the offender shall be ordered to pay all of the costs and fees incurred by the Village in prosecuting the violation, which shall include but not be limited to the costs associated with an administrative adjudication proceeding or Circuit Court proceeding, and reasonable attorney's fees.
