This article shall be known as the "Neighborhood Preservation and Vacant Commercial Building Ordinance" and shall apply to all derelict buildings and premises thereof in the City of Bloomington now existing or hereafter becoming derelict.
[Amended by Ord. No. 2011-14; Ord. No. 2017-96; Ord. No. 2018-89; 8-10-2020 by Ord. No. 2020-53; 2-13-2023 by Ord. No. 2023-13]
It is the intent of this article to protect the public health, safety, and welfare by establishing a registration process for vacant commercial buildings and derelict buildings and requiring responsible parties to implement a maintenance plan for such buildings to prevent deterioration, unsightly blight and consequent adverse impact on adjacent property and neighborhoods. This article shall be liberally construed to effect its purposes.
This article shall not be construed to limit or prevent the enforcement of other laws, codes, ordinances or regulations. In the event of conflict, the provision setting the highest standard for health and safety shall prevail.
As used in this article, the following terms shall have the meanings indicated:
The commercial building is being actively marketed, pursuant to reasonable industry standards, through a licensed real estate broker, or the owner, who is regularly advertising the property in one or more newspapers circulated in and around the Bloomington-Normal community and/or commercial real estate websites, it is being offered for sale or lease at a cost of no more than 25% over the market rate (i.e., the assessed value of the real estate and buildings as determined by the township assessor), and the commercial building is in reasonable condition for sale or lease and in compliance with the minimum maintenance standards set forth in § 45-314. In the alternative to utilizing the assessed value of the property, the owner may provide the City with a commercial appraisal using accepted commercial appraisal standards to show the market rate. A property owner may also file a form with the City Manager to list the property at an amount in excess of 25% over market rate for a period of 90 days. Said form shall detail the reasons why property value is believed to be over 25% the market rate.
A structure built for the support, shelter, or enclosure of people, animals, chattels, or movable property of any kind and which is permanently affixed to the ground.
A building that is generally owned, operated, and/or originally constructed, for the transaction of business and/or commerce, including but not limited to the manufacture, sale or delivery of goods, the storage of materials or goods, the provision of services, and/or the rental of spaces for business or commerce uses.
A building that is:
Condemned; or
Unoccupied and unsecured for five days or more; or
Unoccupied and secured by means other than those normally used in the design of buildings of similar structure or design for 30 days or more; this includes buildings whose doors, windows, or other openings are boarded up; or
Unoccupied and having more than two property maintenance, fire or building code violations existing for 30 days or more; or
Unoccupied for more than 90 days and during which time an order has been issued to correct one or more code violations or to abate a nuisance.
As used herein, shall refer to the Director of Economic and Community Development, or to his or her designee.
Any person, agent, operator, firm, corporation, limited-liability company or other entity having a legal or equitable interest in the property, or holding a mortgage on 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. For purposes of this definition and article, the term "agent" shall not include any licensee under the Illinois Real Estate License Act of 2020.
A lot, plot or parcel of land, including the buildings or structures thereon.
A portion of a commercial building that is used for its own individual purpose and/or business, distinct from the other occupants or uses of the commercial building, that is separated by walls or ceilings or has an exterior entrance separate from the other uses of the commercial building.
No person or persons actually, currently conduct a lawfully licensed business, or lawfully reside or live in any part of the building as the legal or equitable owner(s) or tenant(s).
Lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or occupancy has ceased, or which is substantially devoid of content. In determining whether a commercial building is vacant, it is relevant to consider, among other factors, whether less than 35% of the total floor area of a building is not lawfully occupied, the condition and value of any items in the building and the presence of rental or "for sale" signs on the property. If a commercial building has one or more separate units, each unit shall be considered on an individual basis.
A commercial building that is vacant for more than: (1) 60 days if not actively for sale or lease; or (2) 365 days if actively for sale or lease. In addition, any commercial building that is under active construction, rehabilitation, or repair without the existence of any Code violation and having been issued all required permits for such work by the City of Bloomington shall not be considered vacant. To be considered "active construction, rehabilitation or repair work" herein, progress must be made in a reasonably commercial manner. If a commercial building has separate units, each unit shall be considered separately. If one or more units within a commercial building are considered "vacant," then said units shall be subject to inspection and registration in the same manner as a vacant commercial building with a notation on the City's vacant building registry that only one or more units within the commercial building are actually vacant.
A.
Any owner of a derelict building as defined in § 45-304 of this article shall register such building as a derelict building and submit a derelict building plan. The derelict building registration and plan shall be filed with the Department of Economic and Community Development, together with a registration fee in an amount as set forth in the Schedule of Fees. Registration of a derelict building shall be valid for a period of one year from the date of registration. If the building remains derelict at the expiration of any registration period, the owner shall renew registration of such building and pay a fee as set forth in the Schedule of Fees. Each subsequent annual registration for said building shall be assessed a registration fee as set forth in the Schedule of Fees. All fees provided for in this section are in addition to any other fees, fines or penalties provided for by the ordinances of the City of Bloomington, state or federal law.
B.
Notification of derelict building status. If the Director of Economic and Community Development or code official designated by the Director determines that a building is derelict within the meaning of § 45-304 of this article, the Director or enforcement official shall provide notice to the last known owner by letter sent by first class mail requesting the owner of the building to register the building and submit a derelict building plan. Such notice shall state the reasons for determination of derelict building status. If the owner's address cannot be determined upon due inquiry, notice may be posted upon the building. The owner of such building shall, within 10 days of notification, register such building as a derelict building and submit a derelict building plan to the Department of Economic and Community Development. In lieu of registration, the owner may, within 10 days of notification, remedy the reasons for determination of derelict building status specified in the notice and arrange for an inspection by the Department of Economic and Community Development for verification. Notification shall have been deemed to have been received within four days of the mailing and/or posting of the notification of derelict building status.
C.
If more than 14 days elapse from the day notice of derelict building status is mailed and/or posted and the building remains unregistered, the Director of Economic and Community Development may:
(1)
Apply through the Legal Department for an administrative search warrant allowing inspection of the premises to determine the condition of the property;
(2)
Abate any nuisance or City Code violations existing on the premises and place a lien for the cost of such abatement on the property;
(3)
Apply to the Circuit Clerk through the Legal Department for a judgment, injunctive or other appropriate relief.
The owner registering a derelict building shall supply the following information:
A.
The common description (street address), legal description and tax parcel identification number of the premises on which the derelict building is situated.
B.
The following ownership information:
(1)
The names and physical addresses of all owners of the property (no post office box address will be acceptable in lieu of required physical addresses); or
(2)
If the property is owned by a corporation, partnership, limited-liability company, land trust or other business entity, the registering owner or agent must provide the name, physical address and telephone number of an agent authorized to accept service of process and residing in McLean County, Illinois.
C.
The name, physical address and telephone number of a person maintaining a work or residential address in McLean County authorized to act in control of the property in matters of maintenance and who may be contacted in case of emergency.
D.
The date on which the building became derelict.
F.
The name, street address, mailing address and telephone number of the person preparing the registration statement and a certification by that person that the information on said statement is true and correct to the best of that person's information, knowledge and belief.
G.
The person signing the registration form must certify that they are either the owner of the property or a person acting with direct authority from the owner in matters pertaining to the registration, control and maintenance of the property.
H.
Any registration lacking the information required by this section will not be considered complete and will not be accepted for purposes of derelict building registration. An owner who fails to provide the information required by this section shall be deemed to have failed to register and be subject to fines as provided in § 45-318 of this article.
I.
Any owner required to register a property must report any change of information required on the registration within 10 days after the change. Failure to report changes as required by this subsection will be punishable by a fine as provided in § 45-317 of this article.
J.
Statements made on the registration form shall be accepted as prima facie true and correct in any administrative or court proceeding.
Owners, agents and other responsible parties are required:
A.
To register derelict properties as required by this article and to report any change of information required on the registration within 10 days after the change.
B.
To obtain and maintain general liability insurance in an amount not less than $300,000 for buildings designed primarily for residential use containing not more than four dwelling units, and not less than $1,000,000 for any other building.
C.
To maintain properties in compliance with all applicable provisions of the Bloomington City Code, state and federal law.
D.
To repair and maintain any doors, windows, or other openings and to secure all openings by conventional methods used in the design of the building or by methods permitted for new construction of similar type.
E.
To place upon the front door of the building, in a legible, weatherproof format, the name and contact information of a responsible party maintaining a work or residential address in McLean County who may be contacted in case of emergency.
When a derelict building is registered as required herein, the owner or agent shall submit a derelict building plan. 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.
B.
A plan for the continued care, maintenance and upkeep of the premises and any building, or structure located upon it.
C.
A timetable for repair, return to occupancy, sale or demolition of the building.
D.
A specific date for the abatement of any nuisance existing in or on the premises.
[Amended 3-24-2025 by Ord. No. 2025-022]
A.
The Director of Economic and Community Development shall have discretion to approve, deny or modify the proposed derelict building plan, subject to the right to appeal as described in Subsection B of this section. Notice will be sent to the owner or owner's agent of the approval, rejection or modification of the plan.
(1)
In considering the appropriateness of a derelict building plan, the following factors shall be considered:
(a)
The purposes of this article and the intent of the City Council to minimize the period of time a building is boarded up or otherwise derelict.
(b)
The effect of the proposed plan on adjoining property.
(c)
The general economic conditions of the community.
(d)
The cost to implement the proposed plan.
(e)
The length of time the building has been derelict.
(g)
The relative hardship on or gain to the neighborhood or public, as compared to the hardship or gain of the owner resulting from approval or modification of the proposed plan.
B.
The Director of Economic and Community Development shall, upon notice to the derelict building owner or owner's agent, have the right to modify the plan by altering the dates of performance or the proposed methods of action. If the owner of the building objects to the modifications made by the Director, such owner shall have the right to appeal to the City of Bloomington Building Board of Appeals for final determination in accordance with the standards set forth in § 45-309A. Such appeal shall be filed with the Director of Economic and Community Development within 15 days of the date of receipt of the Director's notice of modification or denial. The notice shall be deemed received four days after having been mailed to an address listed as the owner's address on the building registration form.
C.
The Building Board of Appeals, after considering the testimony and evidence presented, shall render its decision on the owner's appeal of the Director of Economic and Community Development's proposed modifications of the derelict building plan. The Building Board of Appeals shall have the authority to fashion its own derelict building plan or approve the plan submitted by the owner or the modified plan submitted by the Director. The decision of the Building Board of Appeals shall be final and constitute the derelict building plan.
The derelict building plan shall remain in effect notwithstanding a change in ownership. The new owner is required to file a new registration with the Department of Economic and Community Development and supply the name, address and telephone number of the new owners within 30 days of acquiring title to the premises.
In order to obtain removal of a building from the derelict building registry, the owner or agent for said property shall contact the Department of Economic and Community Development in order to request the change in status and arrange for inspection of the property to occur prior to occupancy. If, after inspection, the Department determines the property no longer falls within the definition of derelict building as defined in § 45-304 of this article, the property shall be removed from the registry of derelict buildings.
A.
Any owner of a vacant commercial building as defined in § 45-304 of this article shall register such building as a vacant commercial building with the Department of Economic and Community Development, together with a registration fee in an amount as set forth in the Schedule of Fees. Registration of a vacant commercial building shall be valid for a period of 12 months from the date of registration. If the building remains vacant at the expiration of any registration period, the owner shall renew registration of such building and pay a fee as set forth in the Schedule of Fees. Each subsequent registration for said building shall be assessed a registration fee as set forth in the Schedule of Fees. All fees provided for in this section are in addition to any other fees, fines or penalties provided for by the ordinances of the City of Bloomington, state or federal law.
B.
Notification of vacant commercial building status. If the Director of Economic and Community Development or code official designated by the Director determines that a commercial building is vacant within the meaning of § 45-304 of this article, the Director or enforcement official shall provide notice to the last known owner by letter sent by first class mail requesting the owner of the building to register the building. Such notice shall state the reasons for determination of vacant building status. If the owner's address cannot be determined upon due inquiry, notice may be posted upon the building. The owner of such building shall, within 10 days of notification, register such building as a vacant building with the Department of Economic and Community Development. Notification shall have been deemed to have been received within four days of the mailing and/or posting of the notification of vacant building status.
C.
If more than 14 days elapse from the day notice of vacant building status is mailed and/or posted and the building remains unregistered, the Director of Economic and Community Development may:
(1)
Apply through the Legal Department for an administrative search warrant allowing inspection of the premises to determine the condition of the property;
(2)
Abate any nuisance or City Code violations existing on the premises and place a lien for the cost of such abatement on the property; and/or
(3)
Apply to the Circuit Court through the Legal Department for a judgment, injunctive or other appropriate relief.
D.
An owner of a commercial building that is actively for sale or lease shall provide evidence of such on forms prescribed by the Economic and Community Development Department. Any vacant commercial building that does not provide the required forms or related information shall not be considered actively for sale or lease.
The owner registering a vacant building shall supply the following information:
A.
The common description (street address), legal description and tax parcel identification number of the premises on which the vacant building is situated.
B.
The following ownership information:
(1)
The names and physical addresses of all owners of the property (no post office box address will be acceptable in lieu of required physical addresses); or
(2)
If the property is owned by a corporation, partnership, limited-liability company, land trust or other business entity, the registering owner or agent must provide the name, physical address and telephone number of an agent authorized to accept service of process and residing in McLean County, Illinois.
C.
The name, physical address and telephone number of a person maintaining a work or residential address in McLean County authorized to act in control of the property in matters of maintenance and who may be contacted in case of emergency.
D.
The date on which the building became vacant.
E.
The name, street address, mailing address and telephone number of the person preparing the registration statement and a certification by that person that the information on said statement is true and correct to the best of that person's information, knowledge and belief.
F.
The person signing the registration form must certify that they are either the owner of the property or a person acting with direct authority from the owner in matters pertaining to the registration, control and maintenance of the property.
G.
Any registration lacking the information required by this section will not be considered complete and will not be accepted for purposes of vacant building registration. An owner who fails to provide the information required by this section shall be deemed to have failed to register and be subject to fines as provided in § 45-318 of this article.
H.
Any owner required to register a property must report any change of information required on the registration within 10 days after the change. Failure to report changes as required by this subsection will be punishable by a fine as provided in § 45-318 of this article.
I.
Statements made on the registration form shall be accepted as prima facie true and correct in any administrative or court proceeding.
In addition to any other applicable code requirements, each vacant commercial building must be kept in compliance with the following requirements for as long as the building remains vacant:
A.
Lot maintenance standards. The lot the vacant commercial building stands on, and the surrounding public way, shall be maintained as follows:
(1)
All grass and weeds on the premises, including abutting sidewalks, gutters and alleys, shall be kept below eight inches in height, and all dead or broken trees, tree limbs or shrubbery shall be cut and removed from the premises;
(2)
The exterior walkway leading to the main entry door, and any public sidewalk adjoining the lot, shall be shoveled clear of snow;
(3)
Junk, rubbish, waste, and any material that creates a health, safety or fire hazard, including but not limited to any mail or flyers that have been delivered to the building, shall not be permitted to accumulate on any portion of the exterior lot of the building;
(4)
No portion of the lot nor any structure, vehicle, receptacle or object thereon shall be maintained or operated in any manner that causes or produces any health or safety hazard or permits the premises to become a rodent harborage or is conducive to rodent harborage;
(5)
The lot shall be maintained so that water does not accumulate or stand on the ground; and
(6)
All fences and gates shall be maintained in sound condition and in good repair.
B.
Exterior maintenance standards. The exterior of the vacant commercial building shall be enclosed secured and maintained as follows:
(1)
Foundations, basements, cellars, and crawl spaces shall be maintained in sound and watertight condition adequate to support the building, and protected against the entry of rodents or other animals;
(2)
Exterior walls shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or the interior spaces and shall be protected against the entry of rodents or other animals;
(3)
Exterior windows and doors shall be maintained in sound condition and good repair. Windows and doors shall fit tightly within their frames and the frames shall be constructed and maintained in such relation to the adjacent wall construction as to prevent rain from entering the building;
(4)
Exterior windows and doors shall be equipped with hardware for locking and the locking mechanism shall be maintained in properly functioning condition;
(5)
All points of possible ingress and egress, including but not limited to exterior windows and doors, shall be secured to prevent unauthorized entry;
(6)
Any window which is broken, cracked, or missing glass or glazing shall be replaced and maintained in good repair or the building opening shall otherwise be adequately secured;
(7)
The roof shall be adequately supported, and shall be maintained in weathertight condition; the gutters, downspouts, scuppers, and appropriate flashing shall be in good repair and adequate to remove the water from the building or structure;
(8)
Chimneys and flues shall be kept in sound, functional, weathertight condition and in good repair;
(9)
Every outside stair or step shall be maintained in sound condition and in good repair; every porch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition for its purpose; and
(10)
All exit areas shall have continuous exterior lighting from dusk to dawn; normal intensity of lighting shall be not less than one footcandle per square foot on the floor surfaces within an eight-foot radius around said exit. This requirement may be met by the use of battery-powered or solar-powered lighting if such lighting meets the performance standards set by this subsection.
C.
Interior maintenance standards. The interior of any vacant commercial building shall be maintained as follows:
(1)
It is prohibited to accumulate or permit the accumulation of junk, trash and debris, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may produce any health, fire, or safety hazard, or provide harborage for rodents or other animals on the premises; materials stored by the owner or permitted to be stored by the owner shall be stacked safely, and away from stairs or hallways, and any other places of ingress and egress;
(2)
Every foundation, roof, floor, wall, stair, ceiling, and any other structural support shall be safe and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition and in good repair; floors and stairs shall be free of holes, grooves and cracks that could be potentially hazardous;
(3)
Any plumbing fixtures shall be maintained with no leaking pipes; and all pipes for water shall be either completely drained or heated to resist being frozen;
(4)
Every exit door maintained as such in compliance with Subsection D(3) shall be secured with an internal deadbolt lock, or with a locking mechanism deemed equivalent or better by the Economic and Community Development Department, and every such exit door shall be capable of being opened from the inside easily and without the use of a key or special knowledge;
(5)
Interior stairs shall have treads and risers that have uniform dimensions, are sound, securely fastened, and have no rotting, loose, or deteriorating supports;
(6)
Every owner shall be responsible for the extermination of insects, rodents and other vermin in or about the premises; and
(7)
Vacant buildings that have sprinkler, standpipe, and fire alarm systems are required to be maintained as operable at all times except as may be allowed by the Fire Code.
D.
Building security standards. The following standards apply to the securing of vacant commercial buildings:
(1)
All building openings shall be closed and secured, using secure doors, glazed windows, commercial-quality steel security panels, or filled with like-kind material as the surrounding wall, as applicable to prevent entry by unauthorized persons; and
(2)
An area may be boarded with plywood, provided that the boarding is made weathertight and finished with varnish, or paint of a similar color to the exterior wall and cut to the inside dimension of the exterior of the opening, unless the boarded area has been breached by rodents or humans, in which case a more secure panel may be required by the Department.
To promote and address health and safety issues, as well as ensure compliance with the provisions of § 45-314, the owner or agent of a vacant commercial building is required to arrange an interior and exterior inspection of the property within 30 days of registration as a vacant commercial building, and every annual renewal thereafter until the commercial building no longer requires registration as a vacant commercial building. In addition to any other penalties outlined in this chapter, if the property owner or agent fails to arrange for or allow the inspection of the property required by this section, the Department may apply, through the Legal Department, for an administrative search warrant allowing inspection of the premises to determine the condition of the property and compliance with this chapter.
In order to obtain removal of a building from the vacant commercial building registry, the owner or agent for said property shall contact the Department of Economic and Community Development in order to request the change in status and arrange for inspection of the property to occur. If, after inspection, the Department determines the property no longer falls within the definition of a vacant commercial building as defined in § 45-304 of this article, the property shall be removed from the registry of vacant commercial buildings.
Properties that qualify as both a derelict and as a vacant commercial building shall be required to register for both and must comply with the applicable requirements for each, including payment of any relevant registration fees.
[Amended 3-24-2025 by Ord. No. 2025-022]
A.
Violation of any of the provisions of this article shall be deemed a strict liability offense and shall subject the violator to penalties as provided herein.
B.
Failure to register a derelict building or vacant commercial building within 10 days of notification as required by this article shall be punishable as an ordinance violation with a fine of not less than $100 nor more than $750 per day in addition to any other fees, fines or penalties provided by law.
C.
Any person who provides false information on a registration statement shall be subject to a fine of not less than $250 nor more than $1,000 for each false statement made.
D.
Failure to comply with the requirements of the derelict building plan as approved by the Director of Economic and Community Development or modified by the Building Board of Appeals shall constitute a violation of this article and shall subject the owner to a fine of not less than $100 nor more than $750 per day in addition to any other fees, fines or penalties provided by law.
E.
Failure to comply with any of the requirements of this Article III, including but not limited to § 45-307 through § 45-315, shall subject the owner, agent or other responsible party to a fine of not less than $100 nor more than $750 per day. Each violation shall be deemed a separate offense. Each day any violation continues shall also be deemed a separate offense.
F.
The City of Bloomington may file in the Circuit Court of McLean County to recover unpaid fees, fines and costs associated with the registration and maintenance of derelict buildings. The City may also file a lien on the property on which a derelict building is located for unpaid fees, fines and costs associated with the registration and maintenance of a derelict building.
G.
In addition to filing claims in the City's Administrative Court, the City of Bloomington may file in the Circuit Court of McLean County for enforcement of the provisions of this article and may seek any and all relief provided under the law and/or set forth in this section.