Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section:
BOARDED BUILDING: | A building that has had, in a manner intended to be temporary or permanent, any or all of its openings covered by some material for the purpose of securing or preventing access or damage to the building or its components, whether such material is opaque, solid or transparent, and whether such material is affixed to the interior or exterior of the building. For the purpose of this definition, such openings shall include any doors, windows or other openings that exist for the purpose of providing light, ventilation, ingress and egress to the building or other access to a part or portion of the building. |
BUILDING: | Any residential structure, or portion thereof, containing one or more dwelling units used or intended to be used for human habitation, or any business, commercial or industrial, public, church structure or mobile home occupied or intended for supporting any occupancy. |
DANGEROUS BUILDING: | A. Any building that is dangerous to the public health because of its construction or condition, or which may cause or aid in the spread of disease or cause injury to the health of its occupants or to neighboring structures; or B. Any building which, because of faulty construction, age, lack of proper repair or any other cause, is especially liable to fire and constitutes or creates a fire hazard; or C. Any building, which, by reason of faulty construction, age or lack of repair is likely to collapse or fall. |
DANGEROUS STRUCTURE: | Any structure which is in a condition that is dangerous to the public health in any way. |
DEED IN LIEU OF FORECLOSURE AND/OR SALE: | A recorded document that transfers ownership of a property to the mortgage lienholder upon consent of the borrower. This definition also applies to a transfer of title carried out in a consent decree order entered in a foreclosure proceeding. |
DIRECTOR: | The building director, or his or her designee. All references to the director in this chapter shall be deemed to include the building director or his or her designee. |
DWELLING: | A structure, or portion thereof, used for human habitation. |
DWELLING UNIT: | One or more rooms containing individualized cooking, sleeping and sanitary facilities which is designated, occupied or intended for use by one household. |
EVIDENCE OF VACANCY: | Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant. Such conditions include, but are not limited to, the following: A. Substantially all lawful residential or business activity has ceased. B. The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units. C. The building is substantially devoid of contents. D. The condition and value of fixtures or personal property in the building. E. Lack of utility services (water, sewer, electric or natural gas). F. The building is the subject of a foreclosure action. G. The presence or recurrence of uncorrected code violations. H. Overgrown and/or dead vegetation. I. Accumulation of newspapers, circulars, fliers and/or mail. J. Abandonment by owner. |
FORECLOSING MORTGAGEE: | A mortgagee that has initiated a foreclosure proceeding by filing a complaint to foreclose his, her, their or its mortgage under the Illinois Mortgage Foreclosure Act 1 . |
FORECLOSING OR FORECLOSURE PROCEEDINGS: | The process by which a property, placed as security for a real estate loan, upon which a notice of default, notice of foreclosure or a lis pendens has been issued or filed by a lender, mortgagee, or beneficiary of any deed of trust. |
FORECLOSURE: | The judicial process by which a property, placed as security for a real estate loan, through a judicial process, is ultimately to be sold at an auction/sheriff’s sale to satisfy the debt upon which the borrower has defaulted, including but not limited to, an action commenced under the Illinois mortgage foreclosure law 2 . |
MORTGAGE: | Any consensual lien created by a written instrument which grants or retains an interest in real estate to secure a debt or other obligation, which includes without limitation: A. Mortgages securing reverse mortgage loans as authorized by subsection (a) of Section 5 of the Illinois banking act 3 ; C. Every deed conveying real estate, although an absolute conveyance in its terms, which shall have been intended only as security in the nature of a mortgage; and D. Equitable mortgages. |
MORTGAGE DEFAULT: | The failure to fulfill a contractual obligation for which a mortgagee, lender or trustor files or has the ability to file a foreclosure action or public notice of default on the mortgage. |
MORTGAGEE: | The creditor, including, but not limited to, service companies, banks, lenders, seller under an installment contract, articles of deed, articles of agreement for deed, holder of a collateral assignment of the beneficial interest in a land trust, or other such similar agreement, or other such financial entities in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interests, or obligations under the mortgage contractual agreement, including without limitation, (i) the holder of an indebtedness or obligee of a non- monetary obligation secured by a mortgage or any person designated or authorized to act on behalf of such holder, and (ii) any person claiming through a mortgagee as successor. |
MORTGAGEE IN POSSESSION: | |
MORTGAGOR: | The person whose interest in real estate is the subject of a mortgage and any person claiming through a mortgagor as successor. The mortgagor often is, but need not be, the current owner of the property, and may include a mortgage granted by a prior owner that granted a mortgage in property the mortgagee no longer owns. |
OWNER: | Any person, agent, operator, firm, corporation, limited liability company, partnership, joint venture, land trust, inter vivos trust, or other entity having a legal or equitable interest in a property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having care, charge or control of the property, including, but not limited to, the guardian of the estate of any such person if ordered to take possession of real property by a court, the executor or administrator of the estate of any such person if authorized by statute or ordered to take possession of real property by a court, or any person maintaining, operating or collecting rent with respect to a property. |
PERSON: | Includes a corporation, a partnership, a limited liability company, a joint venture, or other entity as well as an individual. |
PREMISES: | A lot, plot or parcel of land including any structures thereon. |
PUBLIC NUISANCE: | Shall include the following: A. Any physical condition or uses of any premises that is regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code, as amended; 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, abandoned wells, shafts, basements, excavations, swimming pools and unsafe fences or structures; or C. Any building that has unsanitary sewage or plumbing facilities; or D. Any building designated by the director as unsafe for human habitation or use; or E. Any building that constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life, limb or property; or F. Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or |
G. Any building that is: in a state of dilapidation, deterioration or decay; improperly constructed; unsecured; vacant and boarded; damaged by fire to the extent that it no longer provides shelter; in danger of collapse or structural failure; or dangerous to anyone on or near the premises; or H. Any premises that contains evidence of unlawful activity to a degree that such activity may endanger, threaten or otherwise negatively impact the users and value of adjacent premises; or I. Any premises found by a court of competent jurisdiction to be a criminal public nuisance under title 5, chapter 10 of this code; or J. Any building deemed to be a "dangerous building" or any structure deemed to be a "dangerous structure" under this section. | |
UNOCCUPIED BUILDING: | Any business, industrial, retail, or commercial building, or any single-family or multi-family building, or portion thereof, which is vacant and 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 these factors, among others: A. A building at which substantially all lawful residential or business activity has ceased. B. The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units. C. The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination. |
D. The building lacks utility services, i.e., water, sewer, electric or natural gas. E. The building is the subject of a foreclosure action. F. The building is not actively for sale as part of a contractual agreement to sell the building, and lacks "For Sale", "For Rent" or similar signage. G. The presence or recurrence of uncorrected code violations. | |
REPORT OF SALE AND CONFIRMATION OF SALE: | The report prepared by a person that conducted a judicial sale or other sale authorized by a court in a foreclosure proceeding pursuant to Section 15-1508 of the Illinois mortgage foreclosure law 10 . |
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 thirty (30) days; or C. Unoccupied and a dangerous structure; or D. Unoccupied as a result of having been declared unsafe for occupancy by the director pursuant to applicable law; or E. Unoccupied and having multiple violations of this code, as amended; or F. Unoccupied and the building or its premises have been the site of unlawful activity within the previous six (6) months; or G. Condemned or declared unsafe for occupancy by the director and unlawfully occupied; or |
H. Unoccupied for over ninety (90) days and during which time the director has issued an order to correct public nuisance conditions and the same have not been corrected in a code compliant manner; or I. Unoccupied and the subject of either pending mortgage foreclosure proceedings or mortgage foreclosure proceedings that have been completed within the past two (2) years and the building has not since been reoccupied; or J. Unoccupied for over one year; or K. Abandoned by persons who surrender their claim, right or interest in the property; or L. Unoccupied residential property found by a court of competent jurisdiction to be "abandoned residential property" as defined in sections 15-1200.5 11 and 15-1200.7 12 of the Illinois mortgage foreclosure law.
But not including an: Unoccupied building: a) which is undergoing construction, renovation, or rehabilitation and which is in compliance with all applicable ordinances, codes, legislation, and regulations, and for which a building permit has issued therefor, and for which construction, renovation or rehabilitation is proceeding diligently to completion; or b) which is unoccupied as a result of the owner who is a member of the military and is deployed for military service and is otherwise secure; or c) which is secure but is the subject of a probate action, action to quiet title or other ownership dispute; or d) which is occupied only on a seasonal basis and is otherwise secure and in substantial compliance with all applicable codes, regulations and laws. | |
VILLAGE: | The village of Bartlett, an Illinois municipal corporation of Cook, DuPage and Kane Counties, Illinois. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020) |
Notes
| 1 | 1. 735 ILCS 5/15-1101 et seq. |
| 2 | 2. 735 ILCS 5/1101 et seq. |
| 3 | 3. 205 ILCS 5/5a |
| 4 | 4. 205 ILCS 5/5d |
| 5 | 5. 205 ILCS 105/1-6b |
| 6 | 6. 205 ILCS 305/46 |
| 7 | 7. 735 ILCS 5/15-1701 |
| 8 | 8. 735 ILCS 5/15-1702 |
| 9 | 9. 735 ILCS 5/15-1703 |
| 10 | 10. 735 ILCS 5/15-1508 |
| 11 | 11. 735 ILCS 5/15-1200.5 |
| 12 | 12. 735 ILCS 5/15-1200.7 |