A. The director may evaluate buildings in the village that he or she believes to be unoccupied by means of any lawful inspection and based on evidence of vacancy factors and make a determination as to whether the building is a "vacant building" within the meaning of section 9-25-3 of this chapter. For the purposes of conducting this evaluation, the director is authorized to enter upon any and all premises and within any and all unsecured structures. The director may determine that a building which meets any of the criteria set forth in the definition of "vacant building" in section 9-25-3 of this chapter is not to be regulated under this chapter for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, he or she 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 that therefore regulation of the building under this chapter would not serve the public health, welfare, and safety and makes written findings in support of his or her decision. The determination shall be in writing and shall state the factual basis for the determination. For buildings the director determines to be "vacant buildings", he or she shall send notice of his/her written determination with the factual findings to the name and address of the last taxpayer of record for such parcel listed on the most recent Cook County, DuPage County or Kane County tax roll presumed to be the legal owner of the property, and to the foreclosing mortgagee, if known. Said notice of determination shall be sent by certified mail, with proper postage prepaid, and posted in a conspicuous location on the building. Failure of delivery, or failure to provide notice of a vacant building determination by the director to a foreclosing mortgagee shall not excuse a person from complying with this chapter. The director may, but need not, personally serve or cause personal service of the notice of determination. Any person making such service shall execute an affidavit attesting to the facts of service. The director shall maintain a record of such mailing, and if applicable personal service, for each notice of determination sent or served.
B. The notice of determination shall contain a statement of the obligations of the owner of a building determined to be a vacant building, a copy of the registration form the owner is required to file pursuant to section 9-25-6 of this chapter, or the foreclosing mortgagee is required to file pursuant to section 9-25-7 of this chapter and a notice of the owner’s (and/or the foreclosing mortgagee’s) right to appeal the director’s determination.
C. The director shall set a tentative date and time for the code compliance inspection of the interior of the vacant building within fifteen (15) days of registration of the vacant building. After receipt of the notice of determination that includes a tentative walk-through inspection date, if the owner and/or mortgagee in possession does not appeal the determination, the owner (or the mortgagee in possession if given notice of the determination) shall either confirm the tentative date for the inspection or shall schedule a new date and time for same. If the owner (or mortgagee in possession) fails to confirm the tentative date and time for the inspection or refuses to schedule or permit the inspection within a reasonable time, the village may obtain an administrative search warrant to accomplish the inspection, and will not conduct an interior inspection of the premises without obtaining such warrant, except when there is evidence of vacancy and access to the building is unsecured or there is an actual emergency or if the village administrator or the chief of police determines that there is an actual threat to health or safety based on reliable, substantiated and sufficient evidence.
D. The village shall charge the owner a two hundred dollar ($200.00) vacant building registration fee upon registering the vacant building. The village shall also charge a fee of two hundred fifty dollars ($250.00) to offset the cost to the village of said inspection, and if the director procures an administrative search warrant because the owner or mortgagee in possession did not execute a written consent to said inspection or reasonably cooperate to schedule and provide access for said inspection, the inspection fee shall be five hundred dollars ($500.00). The owner shall pay the inspection fee to the village within thirty (30) days of the initial inspection. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)