Owners of "vacant buildings" and foreclosing mortgagees who acquire title to unoccupied buildings, shall be required to register the same with the director as prescribed below:
A. Owner's Obligation To Register Vacant Buildings: The owner of a building that the director has determined to be a "vacant building", or the owner of a building whose appeal from the director's determination has been denied by the village administrator, or the owner of a building who knows, or from all the facts and circumstances should know, that his, her, their or its building is or has become a "vacant building" within the meaning of this chapter, shall take the actions provided for in this section within fifteen (15) days after either the date of director's notice of determination, the denial of the owner's appeal, or the occurrence of facts that would cause a reasonable person to believe that the building was a "vacant building". Notwithstanding whether the village has initiated and made a vacant building determination and provided notice thereof to the owner pursuant to section 9-25-4 of this chapter, the owner or owners of a vacant building shall, in any event, register his, her, their or its property upon which there exists a vacant building within thirty (30) days of the building becoming vacant, or within thirty (30) days after assuming ownership of a vacant building, whichever is earlier.
B. Registration Of Building: The owner of a "vacant building" shall be required to register the building with the director on a form provided by the director and pay a two hundred dollar ($200.00) annual non-prorated vacant building registration fee. This annual registration fee shall be in addition to the inspection fee set forth in subsection 9-25-4E of this chapter.
1. The form shall include, as a minimum, the name, street address, and telephone number of the owner; the case name and number of any litigation pending concerning or affecting the building, including any foreclosure proceedings and/or any bankruptcy cases; and the name, street address, and telephone number of all persons with any legal, equitable interest in the building or the premises. In addition to other information required by the director, the registration statement shall include the name, street address and telephone number of a natural person twenty-one (21) years of age or older, or a business entity registered with the Illinois secretary of state, designated by the owner or owners as his, her, their or its authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this code. This person or business entity must actually reside within Cook County, DuPage County or Kane County, Illinois, or maintain an office in Cook, DuPage or Kane County, Illinois. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself as agent. By designating an authorized agent under the provisions of this subsection the owner is consenting to receive any and all notices of code violations concerning the registered building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner or owners who have designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent’s designation for the purposes of this subsection until the owner or owners notify the department of a change of authorized agent or until the owner or owners file a new annual registration statement. Any owner who fails to register a vacant building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
2. The form shall state that the owner, or owners, by affixing his, her, their or its signature, is advised that the village will not issue real estate transfer stamps without the director, or his designee, having first conducted an interior inspection for code compliance and satisfaction of the requirements listed in subsection 9-25-4B of this chapter.
3. The form shall require the owner to:
a. Renew the vacant building registration each year on the anniversary date of the first filing for the time the building remains vacant and pay the required two hundred dollar ($200.00) annual fee; and
b. File an amended registration within fifteen (15) days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever.
C. Registration does not exonerate the owner from compliance with all applicable village codes and ordinances, including this chapter, and from compliance with all federal, state and county laws, statutes, codes, ordinances, regulations and rules, nor does it preclude any of the actions that the village is authorized to take pursuant to this chapter or elsewhere in this code or pursuant to state statutes.
D. If the director requests a code compliance inspection of the interior of the vacant building after the owner registers the building pursuant to section 9-25-6, and one has not already been performed pursuant to section 9-25-3, the owner shall consent to said interior inspection and provide access to the village to perform said inspection at a mutually agreed date and time, or, 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 The code compliance inspection of the interior of all "vacant buildings" determines the extent of any compliance with village property maintenance, building, zoning, health, fire, water and sewer codes, and/or to determine whether there is any unsecured access to the building (doors, windows and other points of entry); whether flammable liquids or other hazardous materials are stored on the premises or in the vacant building; whether the utilities, including water, sanitary sewer, gas and/or electricity are running or have been shut off; whether the sump pump is working; whether there is any standing water in the basement or crawl space; whether the furnace and/or hot water heater are operable if the gas has not been turned off to the vacant building; whether the roof or other exterior surface or enclosures are leaking or have been water damaged, whether there are any visible signs of mold; whether there are animals, rodents, vermin or insects present on the premises or in the building; and whether all outdoor pools and/or hot tubs are securely covered and/or drained. Said inspection shall also determine the existence of any unlawful improvements to the property and any portions of the building, including attic and basement areas, that appear to have been unlawfully occupied.
E. Inspection Conducted: The village shall send the inspection report to the owner within fifteen (15) days. The owner shall allow for a code compliance inspection of the interior of the vacant building and pay the two hundred fifty dollar ($250.00) fee therefor to defray the cost of said inspection. If an administrative search warrant is procured because the owner or owners failed to consent to said inspection, or to cooperate to schedule said inspection and grant access to the village to perform said inspection within thirty (30) days of registering said vacant building, the inspection fee shall be five hundred dollars ($500.00). The inspection report shall include a reasonable date by which code compliance shall be required, and periodic re-inspections shall take place, as necessary, until code compliance is achieved.
F. Insurance Required: The owner or owners shall obtain liability insurance and maintain such insurance for as long as the building is vacant, and file evidence of such insurance with the director, in an amount not less than two hundred fifty dollars ($250.00) per occurrence for bodily injury, personal injury and property damage for buildings designed primarily for use as residential units, and commercial general liability in an amount not less than one million dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage for any other building, including buildings designed for manufacturing, industrial, storage or commercial use, covering any damage to any property caused by the physical condition of or in the building. Any insurance policy acquired after the building becomes vacant shall provide for written notice to the director within thirty (30) days of any lapse, cancellation or change in coverage. The owner or owners shall maintain the insurance required under this section in full force and effect throughout the period the building is vacant. Such insurance shall be issued by an insurer authorized to insure property in Illinois. The owner or the owner's authorized agent for service of process shall provide evidence of such insurance at the time the vacant building is registered, and proof of such current insurance with each renewal and upon the request of the director or his designee.
G. Village real estate transfer stamps will not be issued by the village for the sale of such property until such interior inspection has taken place, the fee therefor has been paid (unless said inspection has been waived in writing by the director), and all code violations have been corrected. (Ord. 2014-46, 6-3-2014; amd. Ord. 2020-56, 6-16-2020)