[Added 6-4-2018 by FMC-2018-8;
amended 5-20-2019 by FMC-2019-8; 9-3-2019 by FMC-2019-10]
A.
The purpose of this Article 11 is to protect the public health, safety,
and welfare by:
(1)
Establishing a program for identification, registration, and
regulation of buildings which are or become a vacant building as defined
herein; and
(2)
Determining the responsibilities of owners of vacant buildings;
and
(3)
Providing for administration, enforcement, abatement of public
nuisances, and the imposition of penalties.
B.
This chapter shall be liberally construed to effect its purposes.
The following words, terms, and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning.
That the mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Village to enforce the applicable code(s).
Any condition that on its own, or combined with other conditions
present, would lead a reasonable person to believe that the real property
is vacant. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
The legal process by which a mortgagee, or other lienholder,
has commenced legal proceedings to terminate a real property terminates
or attempts to terminate a property owner's equitable right of redemption
to obtain legal and equitable title to the real property pledged as
security for a debt or the real property subject to the lien. The
legal process is not concluded until the property obtained by the
mortgagee, lienholder, or their designee, by certificate of title,
or any other means, is sold to a nonrelated bona fide purchaser in
an arm's length transaction to satisfy the debt or lien, which property
may or may not be vacant.
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the mortgage
agreement; or any other person or entity with the legal right to foreclose
on the real property, excluding governmental entities.
Every person, entity, or mortgagee, who alone or severally
with others has legal or equitable title to any real property as defined
by this chapter; has legal care, charge, or control of any such property;
is in possession or control of any such property; and/or is vested
with possession or control of any such property. The property manager
shall not be considered the owner.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
Any residential or commercial land with buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits.
Any real property located in the Village, whether vacant or
occupied, that is encumbered by a mortgage subject to an ongoing foreclosure
action by the mortgagee or trustee, has been the subject of a foreclosure
action by a mortgagee or trustee and a judgement has been entered,
or has been the subject of a foreclosure sale where the title was
transferred to the beneficiary of a mortgage involved in the foreclosure
and any properties transferred under a deed in lieu of foreclosure/sale.
The designation of a "foreclosure" property as "registrable" shall
remain in place until such time as the property is sold to a nonrelated
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed; or
Any property that is vacant for more than 30 days or any cancellation
of utility or service, whichever occurs first.
A web-based electronic database of searchable real property
records, used by the Village to allow mortgagees and owners the opportunity
to register properties and pay applicable fees as required in this
chapter.
Six months from the date of the first action that requires
registration, as determined by the Village, or its designee, and every
subsequent six months. The date of the initial registration may be
different than the date of the first action that required registration.
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Village codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
Any parcel of land in the Village that contains any building
or structure that is not lawfully occupied.
The Village hereby established, or its designee, shall establish
a registry cataloging each registrable property within the Village,
containing the information required by this chapter.
[Amended 8-21-2023 by Ord. No. FMC 2023-8]
A.
Any mortgagee who holds a mortgage on real property located within
the Village shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
B.
Property inspected pursuant to Subsection A above that remains in foreclosure shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the real property's occupancy status, the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee files a foreclosure action,
the mortgagee shall register the real property with the Village Registry
and, at the time of registration, indicate whether the property is
vacant and, if so, shall designate, in writing, a property manager
to inspect, maintain, and secure the real property subject to the
mortgage under a foreclosure action. A separate registration is required
for each property under a foreclosure action, regardless of whether
it is occupied or vacant.
D.
Initial registration pursuant to this section shall contain, at a
minimum, the name of the mortgagee, the mailing address of the mortgagee,
e-mail address, telephone number and name of the property manager
and said person's address, e-mail address, and telephone number.
E.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each property. Subsequent
nonrefundable semiannual renewal registrations of properties and fees
in the amount of $500 are due within 10 days of the expiration of
the previous registration. Said fees shall be used to offset the costs
of 1) registration and registration enforcement, 2) code enforcement
and mitigation related to defaulted properties, 3) post-closing counseling
and foreclosure intervention, limited to owner-occupied persons in
default, which may not include cash and mortgage modification assistance,
and 4) for any related purposes as may be adopted in the policy set
forth in this chapter.
F.
Each individual real property on the Registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable $500 semiannual
registration fee. Real properties registered less than six months
prior to the effective date shall renew the registration every six
months from the expiration of the original registration renewal date
and shall pay the nonrefundable $500 semiannual registration fee.
G.
If the mortgage and/or servicing on a registrable property is sold
or transferred, the new mortgagee is subject to all the terms of this
chapter. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the registrable property.
H.
If the mortgagee sells or transfers the registrable property in a
non-arms length transaction to a related entity or person, the transferee
is subject to all the terms of this chapter. Within 10 days of the
transfer, the transferee shall register the real property or update
the existing registration. Any and all previous fees, fines, and penalties,
regardless of who the mortgagee was at the time registration was required,
including, but not limited to, unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the defaulted real property.
I.
If the foreclosing or foreclosed property is not registered, or the
registration fee is not paid within 30 days of when the registration
or renewal is required pursuant to this section, a late fee equivalent
to 10% of the semiannual registration fee shall be charged for every
thirty-day period, or portion thereof, the property is not registered
and shall be due and payable with the registration.
J.
This section shall also apply to properties that have been the subject
of a foreclosure sale where the title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
K.
Properties subject to this section shall remain subject to the semiannual
registration requirement and the inspection, security, and maintenance
standards of this section as long as the real property remains registrable
property.
L.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances,
as required by this section, is a violation of this chapter and shall
be subject to enforcement by any of the enforcement means available
to the Village.
[Amended 8-21-2023 by Ord. No. FMC 2023-8]
A.
Any owner of vacant real property located within the Village shall,
within 10 days after the property becomes vacant, register the real
property with the Village Registry.
B.
Initial registration pursuant to this section shall contain, at a
minimum, the name of the owner, the mailing address of the owner the
e-mail address and telephone number of the owner and, if applicable,
the name and telephone number of the property manager and said person's
address, e-mail address, and telephone number.
C.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $500 for each vacant real property.
Subsequent nonrefundable semiannual renewal registrations of vacant
real properties and fees in the amount of $500 are due within 10 days
of the expiration of the previous registration.
D.
Each individual real property on the Registry that has been registered
for six months or more prior to the effective date shall have 30 days
to renew the registration and pay the nonrefundable $500 semiannual
registration fee. Real properties registered less than six months
prior to the effective date shall renew the registration every six
months from the expiration of the original registration renewal date
and shall pay the $500.
E.
If the real property is sold or transferred, the new owner is subject
to all the terms of this chapter. Within 10 days of the transfer,
the new owner shall register the vacant real property or update the
existing registration. The previous owner(s) will not be released
from the responsibility of paying all previous unpaid fees, fines,
and penalties accrued during that owner's involvement with the
vacant real property.
F.
If the vacant real property is not registered, or either the registration
fee or the semiannual registration fee is not paid within 30 days
of when the registration or semiannual registration is required pursuant
to this section, a late fee shall be equivalent to 10% of the semiannual
registration fee shall be charged for every thirty-day period or portion
thereof, the property is not registered and shall be due and payable
with the registration. This section shall apply to the initial registration
and registrations required by subsequent owners of the vacant real
property.
G.
Real properties subject to this section shall remain subject to the
semiannual registration requirement and the inspection, security,
and maintenance standards of this section as long as the real property
is vacant.
H.
Failure of the owner to properly register or to modify the registration
to reflect a change of circumstances as required by this section is
a violation of this chapter and shall be subject to enforcement by
any of the enforcement means available to the Village.
I.
Properties registered as a result of this section are not required
to be registered again pursuant to the foreclosure mortgage property
section.
A.
Real properties subject to this chapter shall be kept free of weeds,
overgrown brush, dead vegetation, trash, junk, debris, building materials,
any accumulation of newspaper 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.
Registrable property shall be maintained free of graffiti or similar
markings by removal or painting over with an exterior-grade paint
that matches the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the applicable code(s)
at the time registration is required.
D.
Registrable property yard maintenance shall include, but not be limited
to, grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod. Acceptable maintenance
of yards and/or landscape shall not include weeds, gravel, broken
concrete, asphalt or similar material.
E.
Maintenance shall include, but not be limited to, watering, irrigation,
cutting and mowing of required ground cover or landscape and removal
of all trimmings.
F.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the applicable code(s).
G.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this chapter may result in a violation
of the applicable code(s) and issuance of a citation or notice of
violation in accordance with the applicable code of the Village.
H.
In addition to the above, the real property is required to be maintained
in accordance with the applicable code(s) of the Village.
A.
Real properties subject to these sections shall be maintained in
a secure manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, but not be limited to, the closure
and locking of windows, doors, gates and other openings of such size
that may allow a child to access the interior of the property or structure.
Broken windows, doors, gates, and other openings of such size that
may allow a child to access the interior of the property or structure
must be repaired. Broken windows shall be secured by reglazing of
the window.
C.
If a property is registrable property, and the real property has
become vacant or blighted, a property manager shall be designated
by the mortgagee and/or owner to perform the work necessary to bring
the property into compliance with the applicable code(s), and the
property manager must perform regular inspections to verify compliance
with the requirements of this chapter and any other applicable laws.
D.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Village.
The provisions of this chapter are cumulative with and in addition
to other available remedies. Nothing contained in this chapter shall
prohibit the Village from collecting on fees, fines, and penalties
in any lawful manner; or enforcing its codes by any other means, including,
but not limited to, injunction, abatement, or as otherwise provided
by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute a public nuisance, the abatement
of which pursuant to the police power is hereby declared to be necessary
for the health, welfare, and safety of the residents of the Village.
A.
If the enforcement officer has reason to believe that a property
subject to the provisions of this chapter is posing a serious threat
to the public health, safety, and welfare, the code enforcement officer
may temporarily secure the property at the expense of the mortgagee
or owner and undertake action to abate the violations as soon as possible
to address the conditions of the real property. Nothing herein shall
limit the Village from abating any nuisance or unsafe condition by
any other legal means available to it.
B.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Village may take such action as permitted by law to abate the violations
and charge the mortgagee or owner with the cost of the abatement.
C.
If the mortgagee or owner does not reimburse the Village for the
cost of temporarily securing the real property within 30 days of the
Village sending the mortgagee or owner the invoice, then the Village
may lien the real property.
D.
The Village may contract with an entity to implement this chapter,
and, if so, any reference to the enforcement officer herein shall
include the entity the Village contracts with for that purpose.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this chapter shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
It is hereby declared to be the intention of the Village that
the sections, paragraphs, sentences, clauses, and phrases of this
chapter are severable, and if any phrase, clause, sentence, paragraph,
or section of this chapter shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this chapter.
All ordinances or parts of ordinances in conflict herewith are
hereby repealed and replaced.
This chapter shall become effective immediately upon passage,
approval and publication.
