[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.
This chapter shall be liberally construed to affect its purposes.
[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:
BOARDED BUILDING
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.
BUILDING
Any residential, commercial or industrial structure occupied or intended for supporting or sheltering occupancy or storage of materials or personal property.
CLEAN, SAFE AND SECURE
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.
CODE
The Village code of ordinances of the Village of Elmwood Park, including any and all adopted codes.
DANGEROUS BUILDING
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.
DIRECTOR
The director and building commissioner of code administration of the Village or his or her designee.
OWNER
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.
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 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
(b) 
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
(c) 
Any building which has unsanitary sewerage or plumbing facilities; or
(d) 
Any building designated by the director as unsafe for human habitation or occupancy; or
(e) 
Any building which constitutes a fire hazard, or is unsafe or unsecured to a degree that endangers life, health and safety, or property; or
(f) 
Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of grass or weeds; or
(g) 
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.
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 director pursuant to authority granted to him by this Code.
(a) 
In determining whether a building is "unoccupied," the director may consider the following 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.
(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 pending foreclosure action.
(6) 
The presence or recurrence of uncorrected code violations.
(7) 
The building has been determined to be a chronic nuisance property by Chapter 41D of this Code.
(8) 
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.
VACANT BUILDING
A building or portion of a building which is:
(a) 
Unoccupied and unsecured; or
(b) 
Unoccupied and secured by boarding or other similar means for more than three consecutive months; or
(c) 
Unoccupied and a dangerous structure; or
(d) 
Declared unsafe for occupancy by the director pursuant to applicable provisions of this Code including any and all adopted codes; or
(e) 
Unoccupied with the building or its premises having been used for unlawful activity at any time while unoccupied; or
(f) 
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
(g) 
Unoccupied for a consecutive period in excess of two years.
(h) 
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
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.