For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BOARDED BUILDING. A building which has had, in a manner intended to be temporary or permanent, any or all openings, which openings are windows or doors which were present for the purpose of light, ventilation or egress, some material whether opaque, solid or transparent, affixed to such openings, from the interior or exterior of the building, for the purpose of securing or preventing access or damage to the building or its components.
BUILDING. Any industrial, commercial, single-family residential structure or multi-family residential structure intended for supporting or sheltering any occupancy.
DANGEROUS OR UNSAFE BUILDING. All buildings or structures that are found to pose a danger to the life, health, property or safety of the public by not providing minimum safeguards to protect or warn the public in the event of a fire, or because such structure contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty or incomplete construction or unstable, that partial or complete collapse or systems failures are possible; or any building or structure defined as a “public nuisance” in Ordinance 2494 as now existing or hereafter amended.
BUILDING COMMISSIONER. The Director of the City of Blue Island Building Department or his or her designee.
OWNER. Any person, agent, operator, firm, partnership, association, limited liability company, corporation or other entity having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON. Any individual, trustee, firm, corporation, partnership, limited liability company, association or any other legal entity.
PREMISES. A lot, plot or parcel of land, including any structure thereon.
PUBLIC NUISANCE. Includes the following:
(1) The physical condition, or uses of any building, structure or premises regarded as a public nuisance at common law, under the Illinois Compiled Statutes or under any applicable ordinance for the city;
(2) Any physical condition, use or occupancy of any premises, structure, building or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;
(3) Any building which has unsanitary sewerage or plumbing facilities;
(4) Any building designated by the Building Commissioner as unsafe for human habitation or use;
(5) Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure so as to endanger life, limb or property;
(6) Any building or premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds;
(7) Any building that is dangerous, in a state of dilapidation, deterioration or decay; faulty construction; unsecure; vacant and the doors, windows, or other openings are boarded up or secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure; and dangerous to anyone on or near the premises; or
(8) Any building or structure defined as a “dangerous building” hereinabove.
UNOCCUPIED BUILDING.
(1) A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by the Building Commissioner pursuant to authority granted to him or her by applicable ordinances and/or state statutes.
(2) In determining whether a building is UNOCCUPIED, the Building Commissioner may consider these factors, among others:
(a) Substantially all lawful residential or business activity at the building has ceased;
(b) The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units shall be considered;
(c) The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination;
(d) The building lacks utility services (i.e., water, sewer, electric or natural gas);
(e) The building is the subject of a foreclosure action;
(f) The building is not actively for sale as part of a contractual agreement to sell the building, the building lacks “for sale”, “for rent” or similar signage; and
(g) The presence or recurrence of uncorrected code violations.
VACANT BUILDING.
(1) Any building or portion of a building which is an unoccupied building and is:
(a) Unsecured;
(b) Secured by boarding or other similar means;
(c) A dangerous building;
(d) Condemned by the Building Commissioner pursuant to applicable provisions of this chapter;
(e) Has multiple code violations;
(f) Has been, or the premises upon which it is located has been, the site of unlawful activity within the previous six months;
(g) Condemned by the Building Commissioner;
(h) Unlawfully occupied;
(i) Unoccupied for over 180 days and during which time the Building Commissioner has issued an order to correct public nuisance conditions and the order has not been implemented for at least 60 days;
(j) Unoccupied for over one year; or
(k) An “abandoned residential property”, as defined in 65 ILCS 5/11-20-15.1 as a residential dwelling unit that has been unoccupied by any lawful occupant or occupants for at least 90 days and for which, after such 90-day period, the city has made good faith efforts to contact the legal owner or owners of the property or, if known, the agent of the owner, and no contact has been made.
(2) But not including: unoccupied buildings for which a permit has been issued and is undergoing construction, renovation or rehabilitation and which are in compliance with all applicable ordinances, codes, legislation and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
(Prior Code, § 165.05) (Ord. 11-141, passed 8-23-2011)