In the Limited Industrial District (Chapter 1139), Central Shopping District (Chapter 1138), Retail Business District (Chapter 1137) and Office District (Chapter 1135), or in any other non-residential district or district where such uses exist by reason of nonconforming rights, all structures shall be maintained in accordance with the following regulations regarding plant and commercial building closings which will result in vacant structures.
(a) Purpose. It is the purpose of this section to establish a registration and notice procedure for buildings and structures which are anticipated to be vacated by reason of plant and business closings or tenants and businesses leaving premises, and requiring the owner to implement a notice and maintenance plan for such buildings to remedy and prevent any public safety hazard or public nuisance, prevent deterioration, and prevent a blighting or deteriorating influence on the value of adjacent properties.
(b) Vacancy. A structure is considered to be vacant if for 90 days or more it is either empty, or not occupied or maintained on a regular basis by an occupant, or at the direction of the owner or occupant.
(c) Windows, Doors, or Other Openings. In a vacant structure, the obstruction of any window, door or other opening by papering, soaping, or boarding up is prohibited.
(d) General Requirements.
(1) Notice of closing or vacancy. Within 30 days of the closing of any industry or business, and a vacancy of a structure will result, notice shall be given to the Building Inspector by the owner of the structure, and the owner shall register such building with the Building Inspector.
(2) Registration of vacant structures. The owner registering the closure and impending vacancy of a building or structure shall supply the following information to the Building Inspector:
A. Name, mailing address, e-mail address and telephone number of owner.
B. Name, mailing address, e-mail address and telephone number of a designated local agent or representative.
C. Name, mailing address, e-mail address and telephone number of all persons with any legal interest in the property, building and premises.
D. Tax parcel identification number of the premises on which the building or structures are situated.
E. The address of the building.
F. Date on which the building has or will become vacant.
G. Vacant building plan as hereinafter required.
(3) Vacant building plan. When a building or structure is registered as required herein, the owner shall submit a vacant building plan. The plan shall contain, as a minimum the following:
A. A plan of action to maintain the building and premises thereof in conformance with all laws of the Village and State, with reference to premises security and protection from vandalism, including the installation of knox box or key holder for immediate access by fire and police.
B. A plan for fire alarm or fire protection as required and approved by the Fire Department.
C. A plan of action to remedy any nuisances in the building or on the premises.
D. Certification of general liability insurance that will be applicable on the property during the time of vacancy.
E. Any planned changes in ownership or interest in the property.
F. A lighting plan for parking and loading areas, and nighttime illumination of areas of the building, and walkways, as determined by the Police Department.
G. A listing of any and all motor vehicles that will be located outside of the structures and on the premises along with the registration of the vehicles, ownership and verification that current registration will be maintained.
H. A plan for maintenance of all structural items, such as windows, doors and other openings, and a plan for the regular maintenance of all exterior lighting fixtures and illumination of the premises and building and walkways adjacent thereto. If a store front window is involved, a form of display shall be submitted and approved by the Building Inspector so as to avoid the appearance of a vacancy.
(4) Change in ownership. The vacant building plan shall remain in effect notwithstanding a change in ownership, the new owner is require to file a new registration with the Building Inspector, and supply the name, mailing address, e-mail address and telephone number of the new owners along with any information required above that may be different from that set forth in the original plan. Registration of a new owner shall not require an additional filing fee.
(e) Filing Fee Required. The vacant building or structure registration shall be filed with the Building Inspector accompanied with a one hundred dollar ($100.00) filing fee. Such fee is subject to the following:
(1) Registration of a vacant building or structure shall be valid for a period of six months. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are not completed, then the owner shall re-register such building and pay another filing fee. If the building is vacant at the expiration of any registration period and requirements of the vacant building plan are completed, the owner shall re- register such building without filing a new vacant building plan or paying the filing fee.
(2) If the vacant building is occupied within thirty days of the initiation of the registration period and requirements of the vacant building plan are completed, the filing fee shall be applied to the fee required for an occupancy permit.
(f) Other Enforcement. The registration of a building vacancy shall not preclude action by the Village to demolish or force repair of the building pursuant to other provisions of the Building Code or other law.
(g) Failure to Comply With Plan. Failure to comply with the approved plan shall constitute a violation of this section, subjecting the owner of the building to penalties as provided in this chapter.
(Ord. 2016-61. Passed 10-24-16.)