(A) Purpose. Abandoned structures or buildings that remain unoccupied for long periods attract burglary, theft, vandalism, criminal mischief, general nuisance and other peril to the public health, safety and welfare. The village will curtail the existence of vacant or abandoned buildings with civil and criminal penalties.
(B) Definitions.
ABANDONED. Vacant and exhibiting material deterioration.
MATERIAL DETERIORATION. Any maintenance or structural deficiency that would diminish the value or usability of a structure; any broken windows, loose or missing siding, missing roofing materials or elements, peeling paint, deteriorated pavement, dead trees or other vegetation, or other problem visible from beyond the property line that a reasonable person would deem a nuisance or eyesore of concern to the community.
VACANT. Not occupied for business, residence, government or institutional use for a continuous period of more than 90 days. To be considered occupied, a structure must have appropriate utility service and comply with applicable building, zoning and health codes.
(C) Assignment of authority. Upon reasonable belief that a property is unoccupied, the Village Administrator or his or her designee may require the owner of the property to demonstrate that the property and its owner are compliant with the village zoning ordinance(s) or the regulations enacted pursuant thereto. Upon reasonable notice, the Village Administrator or designee may require the owner to provide access to the property and any structures located thereon. Notification by personal service, process server or certified mail delivered three days prior to the date of proposed inspection or ordinary mail posted ten days prior to the date of proposed inspection shall be deemed reasonable notice.
(D) Violations. The Village Administrator or his or her designee, having notified a property owner to show cause why the village should not declare a property to be vacant or abandoned, may serve notice upon the owner by ordinary mail of the owner’s responsibility to place the property in use within 30 days of the date of notice. The owner may demand a hearing before the Village Planning Commission at its next regular session that falls more than three days after the demand, and the Planning Commission will rule on the status and determine whether to declare the property to be in violation of this code.
(E) Termination of status. Upon demonstration of compliance, the Village Administrator or his or her designee may determine that a property previously declared vacant or abandoned is occupied and thus not in violation of this section. The Planning Commission may affirm or vacate the ruling of the Administrator.
(Ord. 1214-11, passed 5-16-2011) Penalty, see § 150.99