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§ 164.02 TITLE.
   This chapter shall be known as and may be cited as the “Blue Island Vacant Property and Priority Lien Ordinance” of the City of Blue Island, Illinois.
(Prior Code, § 165.02) (Ord. 11-141, passed 8-23-2011)
§ 164.03 SCOPE.
   (A)   The purpose of this chapter is to protect the public health, safety and welfare by enactment which:
      (1)   Establishes a program for identification, registration and regulation of buildings that are or become vacant on and after the effective date of this chapter;
      (2)   Determines the responsibilities of owners of vacant buildings; and
      (3)   Provides for administration, enforcement of property regulations, including prevention and abatement of public nuisances, and imposition of penalties.
   (B)   This chapter shall be construed liberally to affect its purposes.
(Prior Code, § 165.03) (Ord. 11-141, passed 8-23-2011)
§ 164.04 OTHER ORDINANCES.
   This chapter shall not be construed to prevent the enforcement of other applicable ordinances, codes, legislation and regulations prescribing standards other than those provided herein, and in the event of conflict, the most restrictive shall apply.
(Prior Code, § 165.04) (Ord. 11-141, passed 8-23-2011)
§ 164.05 DEFINITIONS.
   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)
§ 164.06 DETERMINATION.
   (A)   Within 60 days after the effective date of this chapter, the Building Commissioner shall evaluate all buildings in the city he or she believes to be unoccupied on the effective date of this chapter and make a determination for each as to whether the building is a vacant building. The Building Commissioner may determine that a vacant building is not to be regulated under this chapter for a stated period if, upon consideration of reliable evidence, he or she determines that regulation of the building under this chapter would not serve the public health, welfare and safety and makes written findings in support of his or her decision. For buildings, the Building Commissioner determines to be vacant buildings, he or she shall, within seven days of making that determination, send notice of the written determination with the factual findings to the last taxpayer of record listed on the most recent county tax records. Said notice of determination shall be sent certified mail, return receipt requested. Failure of delivery shall not excuse a person from complying with this chapter. Any person making such service shall execute an affidavit attesting to the facts of service. The Building Commissioner shall maintain a record of such mailing for each notice of determination sent.
   (B)   The notice of determination shall set a tentative date and time for the code compliance inspection of the interior of the vacant building to determine the extent of compliance with city property, Building Codes, Health, Fire, Water and Sewer Codes. After receipt of the notice of determination, if the owner does not appeal the determination, the owner shall either confirm the tentative date for the inspection or shall schedule a new date and time for same. If the owner fails to confirm the tentative date and time for the inspection or refuses to schedule or permit the inspection, it shall be the responsibility of the city to obtain an administrative search warrant to accomplish the inspection. The owner shall pay the inspection fees specified in § 164.07 of this chapter to the city within 30 days of receipt of the bill for same.
   (C)   The notice of determination shall contain a statement of the obligations of the owner of a building determined to be a vacant building, a copy of the registration form the owner is required to file pursuant to §§ 164.25 through 164.30 of this chapter and a notice of the owner’s right to appeal the determination.
(Prior Code, § 165.06) (Ord. 11-141, passed 8-23-2011)
§ 164.07 INSPECTION FEES.
   (A)   For each initial vacant building inspection, there shall be a $500 fee. No unused inspections or re-inspections may be accumulated, banked, transferred to another unit or building, bought, sold or transferred at the time of sale.
   (B)   The fee for each additional re-inspection for correction of cited violations shall be:
      (1)   Seventy-five dollars per dwelling unit with remaining uncorrected violations;
      (2)   Seventy-five dollars per residential common exterior or public area with remaining uncorrected violations;
      (3)   Seventy-five dollars per street address exterior or public area with remaining uncorrected violations; and
      (4)   Seventy-five dollars per non-residential building with remaining uncorrected violations.
   (C)   Additional inspection and re-inspection fees may be charged when the city has scheduled the inspection and provided notice and the responsible party does not provide the required access as required in this chapter.
   (D)   Any unpaid fees shall be a lien upon the premises.
(Prior Code, § 165.07) (Ord. 11-141, passed 8-23-2011)
§ 164.08 APPEAL OF DETERMINATION.
   (A)   An owner of a building determined to be a vacant building as provided for in this chapter may appeal that determination to the Community Development Committee. Such appeal shall be in writing and shall be filed with the Community Development Committee within 15 days of the date of mailing of the notice of determination. The filing of an appeal stays the owner’s obligation to register his or her building as required by §§ 164.25 through 164.30 of this chapter. The appeal shall contain a complete statement of the reasons the owner disputes the determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The Community Development Committee shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the Building Department’s written determination.
   (B)   The burden is upon the owner to present sufficient evidence to persuade the Community Development Committee that it is more likely than not that the subject building is not a “vacant building” within the meaning of this chapter.
   (C)   The Community Development Committee shall convene a special meeting within seven days from the date of notice of owners appeal. The Community Development Committee must send written notice of its decision to owner. The Community Development Committee may, but is not required to, seek additional information from the owner. The Community Development Committee, upon written notice thereof to the owner, take no more than ten additional days to decide the appeal if the Committee determines that such additional time is required for consideration of the appeal.
(Prior Code, § 165.08) (Ord. 11-141, passed 8-23-2011)
§ 164.09 ENFORCEMENT.
   The registration of a vacant building shall not preclude action by the city to demolish or to take other action against the building pursuant to other provisions of this chapter, the Illinois Municipal Code or other applicable legislation, including the action authorized in §§ 164.60 through 164.63 of this chapter.
(Prior Code, § 165.09) (Ord. 11-141, passed 8-23-2011)
§ 164.10 CERTIFICATION.
   A certificate of compliance for vacant buildings must be issued by the city and payment in full of all fees imposed pursuant to this chapter are required prior to any occupancy of a vacant building.
(Prior Code, § 165.10) (Ord. 11-141, passed 8-23-2011)
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