[Ord. 2012-13, 8-20-2012]
The stated purpose of this chapter is to protect the public
health, safety, and welfare of the residents of the Village of Elmwood
Park by:
(a)
Establishing a program for identification, registration, and regulation
of buildings which are or become "vacant" as defined herein;
(b)
Determining and detailing the responsibilities of owners, lenders
or other persons in control of vacant buildings;
(c)
Maintaining vacant buildings in a safe, clean and secure condition;
and
(d)
Providing for administration, enforcement, including abatement of
public nuisances, and imposition of penalties for violations of this
chapter.
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This chapter shall be liberally construed to affect its purposes.
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[Ord. 2012-13, 8-20-2012]
This chapter shall not be construed to prevent the enforcement
of other applicable ordinances, codes and regulations including all
adopted codes of the Village which prescribe standards other than
those standards that are provided herein. In the event of conflict,
the most restrictive ordinance, code or regulation shall apply.
[Ord. 2012-13, 8-20-2012]
Unless otherwise expressly stated or clearly indicated by the
context, the following terms and words shall, for the purpose of this
chapter, have the meanings indicated in this section:
A building which has had, in a manner intended to be temporary
or permanent, any or all windows or doors, 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 residential, commercial or industrial structure occupied
or intended for supporting or sheltering occupancy or storage of materials
or personal property.
Premises that meet the minimum standards for interior and exterior property maintenance as provided by Chapter 3 of the international property maintenance code, 2012 or subsequent edition, equipped and properly secured by fitting and locking doors and windows and which premises are not a danger to life, health or safety of the public.
The Village code of ordinances of the Village of Elmwood
Park, including any and all adopted codes.
Any building defined as a "dangerous or unsafe building"
by Section 108 of the international property maintenance code, 2012
or subsequent edition. Such buildings are hereby declared to be public
nuisances.
The director and building commissioner of code administration
of the Village or his or her designee.
Any person, agent, operator, firm, or corporation, or other
entity having a legal or equitable interest in the property; or recorded
in the official records of Cook County or the Village as holding title
to the property; or otherwise having lawful possession or control
of the property, including, but not limited to, mortgagees in possession,
court appointed receivers, 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.
A corporation, a partnership, or other entity as well as
an individual.
A lot, plot or parcel of land including any structure thereon.
The physical condition, or use of any premises regarded as a
public nuisance at common law, under the Illinois Compiled Statutes,
or under this Code; or
Any physical condition, use or occupancy of any premises or
its appurtenances considered an attractive nuisance to children, including,
but not limited to, basements, excavations, swimming pools and unsafe
fences or structures; or
Any building which has unsanitary sewerage or plumbing facilities;
or
Any building designated by the director as unsafe for human
habitation or occupancy; or
Any building which constitutes a fire hazard, or is unsafe or
unsecured to a degree that endangers life, health and safety, or property;
or
Any premises which is unsanitary, or which is littered with
rubbish or garbage, or which has an uncontrolled growth of grass or
weeds; or
Any building that is: dangerous, in a state of dilapidation,
deterioration or decay; improperly constructed; unsecured; vacant
with the doors, windows, or other openings 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 that it no longer provides shelter; in danger
of collapse or structural failure; and dangerous to anyone on or near
the premises.
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 Code.
In determining whether a building is "unoccupied," the director
may consider the following 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.
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 pending foreclosure action.
The presence or recurrence of uncorrected code violations.
The building has been determined to be a chronic nuisance property by Chapter 41D of this Code.
Unoccupied buildings which are undergoing construction, renovation,
or rehabilitation and which are in compliance with all applicable
ordinances, codes, and regulations, and for which construction, renovation
or rehabilitation is proceeding diligently to completion shall not
be considered unoccupied.
A building or portion of a building which is:
Unoccupied and unsecured; or
Unoccupied and secured by boarding or other similar means for
more than three consecutive months; or
Unoccupied and a dangerous structure; or
Declared unsafe for occupancy by the director pursuant to applicable
provisions of this Code including any and all adopted codes; or
Unoccupied with the building or its premises having been used
for unlawful activity at any time while unoccupied; or
Unoccupied for over 120 days and during which period the director
has issued an order to correct public nuisance conditions or code
violations and which conditions have not been corrected in a code
compliant manner; or
Unoccupied for a consecutive period in excess of two years.
Any building that is unoccupied as a result of a pending foreclosure
action or which is unoccupied as a result of a judgment of foreclosure.
Village of Elmwood Park, Illinois.
[Ord. 2012-13, 8-20-2012]
Owners of vacant buildings shall register the vacant building
with the director:
(a)
Owner's Obligation to Register Vacant Buildings. Any owner of
a building who knows, or from all the facts and circumstances should
know, that his or her building is or has become a "vacant building"
within the meaning of this chapter or the owner of a building, which
the director determines at any time to be a "vacant building," or
the owner of a building whose appeal from the director's determination
that a building is vacant has been denied by the Village Manager,
shall take the actions provided for in this section within 15 days
after either the date of the director's notice of determination
or occurrence of the facts which would cause a reasonable person to
believe that the building is a "vacant building," or denial of the
appeal by the Village Manager, whichever is applicable.
(1)
Registration of Building. Any person subject to the provisions
of this section shall register the building with the director, on
a form provided by the director, and pay a $50 annual nonprorated
vacant building registration fee.
(A)
The registration form shall include, at a minimum, the name,
street address, and telephone number of the owner, the name, street
address and telephone number of the person or persons responsible
for maintaining the building in a clean, safe and secure condition
if different from 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 Cook County, Illinois,
to accept service on behalf of the owner with respect to any notices
the director sends pursuant to this chapter or service of process
in any proceeding commenced to enforce any provision of this chapter,
and file with the director on the registration form, the name, address,
telephone number, of said person. A street address is required. A
post office box shall not constitute an acceptable address.
(B)
The registration form shall state that the owner, by affixing
his or her signature, is advised that the Village will not issue real
estate transfer tax stamps without Village inspectors having first
conducted an interior and exterior property inspection for code compliance.
(C)
The registration form shall require the owner to:
(i)
Indicate his or her "acceptance of notice by posting" consenting
to service of notices sent or required to be sent, pursuant to this
chapter, by posting on the building if the owner fails to renew the
registration as required, or maintain as current with the director
the required information regarding the person designated to accept
notices and service of process;
(ii)
Renew the vacant building registration on December
31, each year for the following year and pay the required $50 annual
registration fee; and
(iii)
File an amended registration within 15 days of
any change in the information contained in the annual registration.
A new registration shall be required for any change in ownership.
(D)
Registration of a vacant building shall not exonerate the owner
from compliance with all applicable codes and ordinances, including
this chapter, nor does it preclude any of the actions that the Village
may be authorized to take pursuant to state law, this Code or any
of the Village's adopted codes.
(2)
Inspection Conducted. The Village shall conduct an inspection
of the interior and exterior of the vacant building to determine whether
the building is in a clean, safe and secure condition. Each owner
shall pay a $100 inspection fee to the Village to defray the Village's
cost of conducting the inspection. The inspection fee shall be paid
within 30 days of the inspection. Such inspection will determine the
extent of compliance with all Village codes. The Village shall send
an inspection report to the owner within 30 days of completion of
the inspection. Periodic reinspections shall take place, as necessary,
until the vacant building is placed in a clean, safe and secure condition.
A reinspection fee of $25 shall be charged to the owner for each such
reinspection.
(3)
Vacant Building Plan. Within 40 days after a vacant building
is properly registered, the owner shall submit a vacant building enclosure,
repair and maintenance plan. The director may prescribe a form for
the plan. If the owner fails to submit the plan as provided for by
this chapter, the director may determine the plan. At a minimum, 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 or covered by any means
other than conventional methods used in the design of the building
or permitted for new construction of similar type. All proposed repair(s)
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. Securing of doors, windows and other openings shall
be accomplished with materials and methods approved by the director.
The owner shall maintain the building in an enclosed and secure state
until the building is reoccupied or made available for immediate occupancy;
(B)
For buildings and/or premises which are determined by the director as being or containing public nuisances, as defined in Section 41E-3 of this chapter or buildings on premises that have been determined chronic nuisance properties pursuant to Chapter 41D of this Code, then the vacant building/premises plan shall contain a plan of action to remedy such public nuisance(s);
(C)
A time schedule identifying a date of commencement of repairs
or other remedial work necessary to bring the building into a clean,
safe and secure condition, the date of completion of repairs or remedial
work for each improperly secured opening, and for the abatement of
any nuisance as determined by the director;
(D)
If the owner proposes to demolish the vacant building, then
the owner shall submit a plan and time schedule for such demolition;
(E)
Maintenance of the vacant building and/or premises in compliance
with the minimum standards as provided by this Code;
(F)
The plan shall include a time schedule, identifying the date
the building will be habitable and occupied or offered for occupancy
or sale. The time schedule also shall include date(s) of commencement
and completion of all actions required to achieve habitability;
(G)
All ground floor windows facing street frontage, including,
but not limited to, all display windows in unoccupied or vacant commercial
buildings shall be kept in a well maintained and clean condition and
shall be covered on the interior side in a professionally finished
manner with an opaque window covering material manufactured for that
purpose and approved by the director, or in the case of display windows,
such windows shall be maintained in a clean condition.
[Ord. 2012-13, 8-20-2012]
(a)
The director shall have the authority to evaluate those buildings in the Village which he or she reasonably believes to be unoccupied in order to make a determination for each such building whether or not the building in question is a "vacant building" within the meaning of Section 41E-3 of this chapter. The director may determine that a building which meets any of the criteria set forth in the definition of "vacant building" in Section 41E-3 of this chapter is not to be regulated under this chapter for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, the director determines that the circumstances which give rise to the building being eligible for regulation hereunder are clearly temporary in nature and are either in the process of being addressed or will soon be addressed by the owner and therefore regulation of the building under this chapter would not serve the public health, welfare, and safety. Any such determination shall be in writing and shall state the factual basis for the determination. For buildings determined to be "vacant buildings," the director shall, within 10 days of making that determination, send notice of his or her written determination with his factual findings to the owner at the address listed in any public record. Said notice of determination shall be sent first class United States mail, postage prepaid. Failure of delivery shall not excuse a person from complying with the provisions of this chapter. The director may personally serve or cause personal service of the notice of determination of a vacant building. Any person making such service shall execute an affidavit attesting to the facts of service. The director shall maintain an affidavit of such mailing for each notice of determination sent.
(b)
The director shall cause an inspection of the interior and exterior
of all "vacant buildings" to determine basic compliance with this
Code as well as all adopted codes and to further determine whether
the vacant building is "clean, safe and secure" as herein defined.
(c)
No Village real estate transfer stamp shall be issued by the Village
for the sale of any vacant building until the required inspection
has taken place, the fee therefor has been paid to the Village and
the building is in compliance with this Code and all adopted codes.
(d)
Any notice of vacant building determination shall contain a statement detailing the obligations of the owner of the vacant building. The notice shall also include a vacant property registration form that the owner is required to complete and file pursuant to Section 41E-4 of this chapter, and a notice of the owner's right to appeal the director's determination.
[Ord. 2012-13, 8-20-2012]
(a)
Review of Vacant Building Plan. The director shall review the proposed
vacant building plan in accordance with the standards below. The director
shall send notice to the owner of the vacant building of his or her
determination as to the sufficiency of the plan.
(b)
Standards for Plan Approval. 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
of the following:
(1)
The stated purposes of this chapter and intent to minimize the
time a building is boarded, vacant and noncompliant with this Code;
(2)
The effect, if any, 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 or determination
that the property is a chronic nuisance property; and
(5)
The likelihood that the plan or portion(s) of the plan will
prevent or correct the condition it is designed to address.
[Ord. 2012-13, 8-20-2012]
The director shall, upon written notice to the vacant building
owner, have the right to modify the vacant building plan submitted
by the owner by modifying the dates of performance, the proposed methods
of corrective action, or by imposing additional requirements consistent
with this chapter and this Code when determined that such modification
is necessary to protect the public health, safety, or welfare.
[Ord. 2012-13, 8-20-2012]
(a)
Any owner of a building determined by the director to be a vacant building may appeal the director's vacant building 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 mailing of the notice of the director's determination to the owner. The filing of an appeal shall stay the owner's obligation to register his or her building as required by Section 41E-4 of this chapter pending a determination of the appeal by the Village Manager. The appeal shall contain a complete statement of the reasons the owner disputes the director's determination, it shall set forth specific facts in support thereof, and shall include all evidence upon which the owner relies to support his or her appeal. The Village Manager shall decide the appeal on the basis of facts presented by the owner in the written appeal and the director's written determination.
(b)
The burden is upon the owner to present sufficient evidence to persuade
the Village Manager that it is more likely than not that the subject
building is not a "vacant building" within the meaning of this chapter.
(c)
The Village Manager shall send, by first class mail, postage prepaid,
written notice of his or her decision to the owner within 10 days
of 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 10 additional
days, to decide the appeal if he or she determines that such additional
time is required for proper consideration of the appeal.
[Ord. 2012-13, 8-20-2012]
Failure on the part of the owner to submit an approved vacant
building plan within 40 days of the filing of the vacant building
registration form or failure to comply with an approved plan in a
timely manner shall constitute a violation of this chapter and shall
subject the owner of the vacant building to any and all penalties
as provided by this Code. In addition to penalties as provided by
this Code, the Village may pursue all additional remedies as provided
by state law and this Code, including, but not limited to, an action
to compel correction of all violations.
[Ord. 2012-13, 8-20-2012]
The registration of a vacant building shall not preclude additional
action by the Village against the building owner as may be provided
by law, including removal of garbage and debris pursuant to 65 Illinois
Compiled Statutes 5/11-20-13; securing or enclosing abandoned residential
property pursuant to 65 Illinois Compiled Statutes 5/11-31-1.01 and
recording liens against the property for the costs incurred by the
Village.
[Ord. 2012-13, 8-20-2012]
Any premises upon which is situated a vacant building for which
inspection fees or registration fees imposed pursuant to this chapter
have not been paid in full or which is not otherwise eligible under
this chapter for the Village real estate transfer tax stamp shall
not be permitted to acquire same until the fees are paid and/or all
other eligibility issues are addressed and corrected by the owner.
Unpaid fees due and owing the Village shall be a lien upon the property.
[Ord. 2012-13, 8-20-2012]
A certificate of code compliance for vacant buildings issued
by the director and payment in full of all fees imposed pursuant to
this chapter are required prior to any occupancy of a vacant building.
[Ord. 2012-13, 8-20-2012]
(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 and a maximum
fine of $750 per day per violation, in addition to any and all other
legal or equitable sanctions as may be provided by law.
(b)
The Village may enforce this chapter through its administrative adjudication
system or through action in the circuit court of Cook County.
(c)
Nothing herein contained shall prohibit the Village from taking other
immediate action upon a determination that the building is a public
nuisance or poses an imminent danger to the public health, safety
and welfare.
