A. Notwithstanding whether or not the director has made a vacant building determination pursuant to section 9-25-4, or whether or not the village has provided notice of said determination to a mortgagee, based on the obligation of mortgagees to inspect properties on which it holds a mortgage when there has been a mortgage default, each mortgagee is presumed to know from all of the facts and circumstances when the building upon which it holds a mortgage is unoccupied and when it becomes vacant.
B. The foreclosing mortgagee of any property with a building which is vacant and not registered by the owner or owners thereof pursuant to section 9-25-6 shall, within thirty (30) days after the building becomes vacant and unregistered, register the vacant building with the department on forms available on the village's website or provided by the director for such purpose, and shall pay a two hundred dollar ($200.00) non-prorated vacant building registration fee. The foreclosing registration shall remain valid for twelve (12) months from the date of registration. The foreclosing mortgagee shall be required to renew the registration every twelve (12) months at a non-prorated renewal fee of two hundred dollars ($200.00), as long as the property remains vacant and unregistered by the owner pursuant to section 9-25-6. This annual registration fee shall be in addition to the inspection fee set forth in subsection 9-25-6E or 9-25-7H.
C. The foregoing mortgagee shall at a minimum provide the department the following minimum information: 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 foreclosure proceedings, the bankruptcy case(s), if any; and the name, street address, and telephone number of all persons with any legal or equitable interest in 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 foreclosing mortgagee as 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 foreclosing mortgagee in connection with the enforcement of this code. This business entity must maintain an office in Cook, DuPage or Kane Counties, Illinois, or this natural person must actually reside within Cook County, DuPage County or Kane County, Illinois. A foreclosing mortgagee who meets the requirements of this subsection as to location of office or residence may designate itself 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 foreclosing mortgagee that has 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 mortgagee notifies the department of a change of authorized agent or until the mortgagee files a new annual registration statement. The village shall notify the designated agent of all violations and enforcement proceedings brought under this code.
D. The form shall state that village will not issue real estate transfer stamps unless the director, or his designee, shall have first conducted an interior inspection of the vacant building for code compliance, the applicable fee therefor has been paid (unless said inspection is waived in writing by the director), and all code violations have been corrected.
E. The vacant building registration form shall require the foreclosing mortgagee to:
1. 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
2. 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.
F. Registration does not exonerate the owner, or owners, or the foreclosing mortgagee from compliance with all applicable village codes and ordinances, including without limitation, subsection E of this section 9-25-7, and from compliance with all federal, state and county laws, statutes, codes, ordinances, regulations or 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. The failure of the owner or owners to register a vacant building under section 9-25-6 shall in no manner excuse or release a foreclosing mortgagee from registering a vacant building under this section 9-25-7.
G. If the director requests a code compliance inspection of the interior of the vacant building after the foreclosing mortgagee registers the building pursuant to this section 9-25-6, and one has not already been performed pursuant to section 9-25-3 or 9-25-6 any foreclosing mortgagee that is a mortgagee in possession 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.
H. Inspection Conducted: In the event the owner has not consented to 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 and/or the foreclosing mortgagee is not a mortgagee in possession that has not consented and scheduled said inspection or otherwise provided the village access to perform said inspection within thirty (30) days of registering said vacant property, the village may procure an administrative search warrant to perform said inspection. The inspection fee shall be two hundred fifty dollars ($250.00) if access to perform the inspection is consented to and access therefor is granted by the foreclosing mortgagee; otherwise the inspection fee shall be five hundred dollars ($500.00) if the village procures an administrative warrant to perform the inspection. 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.
I. Insurance Required: The foreclosing mortgagee 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 thousand dollars ($250,000.00) 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 foreclosing mortgagee 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 foreclosing mortgagee or 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.
J. 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 (unless said inspection is waived in writing by the director), and the applicable fee therefor has been paid, and, if deemed necessary by the director, the additional fee to cover the village's additional fee to procure an administrative search warrant for the same, and all code violations have been corrected.
K. The foreclosing mortgagee of any building that has become vacant and which is not registered pursuant to this section 9-25-7 of this chapter shall, within thirty (30) days after the building becomes vacant and unregistered:
1. Secure the building's doors and windows so that all such building openings are closed and secured, using secure doors, windows without broken or cracked panes, or boarded with plywood or other material approved by the director, and secured in accordance with rules, regulations or guidelines issued by the director. At least one building entrance shall be accessible from the exterior and secured with a door that is locked to allow access only to authorized persons.
2. Maintain all grass and weeds on the real estate premises below eight inches (8") in height and cut and remove all dead or broken trees, tree limbs or shrubbery;
3. Abate the accumulation of debris, trash and litter that does not constitute personal property on any portion of the exterior lot of the building.
4. Reasonably maintain fences and gates.
5. Reasonably maintain the structural integrity of stairs and steps that lead to the main entrance of the building.
6. Winterize the building which shall mean cleaning all toilets and completely draining all plumbing and heating systems.
7. Maintain and secure the exterior of the building.
8. Post signs affixed to the building indicating: The vacant building registration number and the name, address and telephone number of the mortgagee and the mortgagee's authorized agent for the purpose of service of process. The name, address and telephone number of a person responsible for day-to-day supervision and management of the building, if such person is different from the mortgagee or authorized agent shall be indicated on the signs as well. The signs shall be no smaller than eight and one half inches by eleven inches (8.5" x 11") and placed in such a location so as to be visible and legible from the nearest public street or sidewalk, whichever is nearer.
9. Maintain the building in a secure and closed condition and maintain the sign until the building is reoccupied or demolished with all permits required by this code. (Ord. 2020-56, 6-16-2020)