A. Definition: For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:
VACANT: A building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a building is vacant, it is relevant to consider, among other factors, the percentage of the overall square footage of the building and the presence of rental or for sale signs on the property; provided, that a residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three (3) months within the previous nine (9) months, and a person entitled to possession intends to resume residing at the property; and further provided, that multi-family residential property containing five (5) or more dwelling units shall be considered vacant when substantially all of the dwelling units are unoccupied. (Ord. 09-03, 1-20-2009)
B. Registration Requirements:
1. The owner of any building that has become vacant shall, within thirty (30) days after the building becomes vacant, file a registration statement for each such building with the building department on forms provided by the building department for such purposes. The registration shall remain valid for one year from the date of registration. The owner shall be required to annually renew the registration as long as the building remains vacant and shall pay an annual registration fee as set by the village annual fee ordinance for each registered building; provided, however, that religious, educational, benevolent, or charitable associations and all governmental agencies shall be exempt from the payment of the annual registration fee. The owner shall notify the building department, within twenty (20) days, of any change in the registration information by filing an amended registration statement on a form provided by the building department for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the village against the owner or owners of the building.
2. In addition to other information required by the building commissioner, the registration statement shall include the name, street address and telephone number of a natural person twenty one (21) years of age or older designated by the owner or owners as the 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. 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 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. (Ord. 09-03, 1-20-2009; amd. 2016 Code)
C. Responsibilities Of Owner Or Manager: The owner of any building that has become vacant, and any person maintaining, operating or collecting rent for any building that has become vacant, shall, within thirty (30) days, do the following:
1. Enclose and secure the building;
2. Post a sign affixed to the building indicating the name, address and telephone number of the owner and the owner's authorized agent for the purpose of service of process. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer; and
3. Maintain the building in a secure and closed condition and maintain the sign until the building is again occupied or until repair or completion of the building has been undertaken. (Ord. 09-03, 1-20-2009)
D. Liability Insurance: The owner of any building that has become vacant shall, within thirty (30) days, acquire or otherwise maintain liability insurance in an amount of not less than three hundred thousand dollars ($300,000.00) for buildings designed primarily for use as residential units and not less than one million dollars ($1,000,000.00) for any other building, including, but not limited to, buildings designed for manufacturing, industrial, storage, or commercial uses, covering any damage to any person or any property caused by any physical condition of or in the building. Any insurance policy acquired after the building is vacant shall provide written notice to the building commissioner within thirty (30) days of any lapse, cancellation or change in coverage. The owner or the owner's authorized agent for service of process shall provide notice to the building commissioner within thirty (30) days of any lapse, cancellation or change in coverage. The owner and the owner's authorized agent for service of process shall provide evidence of the insurance, upon request, to the building commissioner or his or her designee. (Ord. 09-03, 1-20-2009; amd. 2016 Code)
E. Rules And Regulations: The building commissioner may issue rules and regulations for the administration of this section. These rules may designate board up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner's consent.
F. Penalty: Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) for each offense. Every day that a violation continues shall constitute a separate and distinct offense. (Ord. 09-03, 1-20-2009)