(A) The words and terms used in this chapter shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning. The use of any term in the present tense shall include the future and past tense of the term, when applicable, and all terms used in the singular shall include the plural and all words used in the masculine gender shall extend to and apply to the feminine gender, when applicable.
BOARDED BUILDING. A building that has, in a manner intended to be temporary or permanent, some material (whether said material is opaque, solid or transparent) affixed to any or all openings, windows or doors that were present for the purpose of light, ventilation or egress, 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 structure occupied or intended for supporting or sheltering any occupancy.
BUILDING COMMISSIONER. The Building Commissioner or a designee of the same.
DANGEROUS BUILDING.
(a) All buildings or structures that have any or all of the following defects:
1. Those buildings or structures that have improperly distributed loads upon the floors or roof or on which the same are overloaded, or which have insufficient strength to be reasonably safe for the purposes used, imposed loads or for the intended design load.
2. Those buildings or structures that have been damaged by fire, wind or other causes so as to have become dangerous to life, limb or property of the occupants or others.
3. Those buildings or structures that have parts thereof that are so attached that they may suddenly fall and injure persons or damage property.
4. Those buildings or structures that are in a state of dilapidation, deterioration or decay; have faulty construction; lack ventilation; are overcrowded; are open, vacant or abandoned; are in danger of collapse or failure; or are dangerous to anyone on or near the premises.
5. Those buildings or structures that have sewerage or plumbing facilities that are backed up or otherwise unsanitary.
6. Those buildings or structures that have been designated by the village as unsafe for human habitation.
7. Those buildings or structures that are fire hazards, lack code compliant means of ingress and egress or lack required operational smoke detectors.
8. Those buildings or structures that are visibly unsafe or unsecured so as to endanger life, limb or property.
9. Those buildings or structures from which the electrical, plumbing, heating or other facilities that are required by this code or other applicable codes, laws, statutes, orders, rules or regulations have been removed, disconnected, destroyed or which cannot safely perform their intended purpose.
10. Those buildings or structures to which the utility services have been removed, disconnected, tampered with, destroyed or interrupted.
11. Those buildings or structures that have become unsanitary, are vermin-infested or insect-infested or are littered with refuse.
12. Those buildings or structures that endanger life or property by the presence of toxic or flammable fumes, gases, vapors or materials.
13. Any building that is clearly capable of being a fire hazard or noticeably unsafe or insecure so as to endanger life, limb or property.
(b) DANGEROUS BUILDINGS are hereby declared public nuisances.
OWNER.
(a) Any person, agent, operator, firm, corporation or entity:
1. Having a legal or equitable interest in the property;
2. Recorded in the official records of the state, county or village as holding title to the property; or
3. Otherwise having control of the property.
(c) The term OWNER shall include the guardian of an estate of any such person and the executor or administrator of an estate of such person if ordered to take possession of real property by a court of competent jurisdiction.
PERSON. Includes a corporation, partnership or other entity as well as an individual.
PREMISES. A lot, plot or parcel of land, including any structure or building located thereon.
PUBLIC NUISANCES. Includes the following:
(a) Any building that would be declared a public nuisance at common law, under the Illinois Compiled Statutes or under this code due to its physical condition or the use thereof;
(b) Any building or appurtenance that would be declared an attractive nuisance to children due to the physical condition, use or occupancy of the building or the appurtenance. The foregoing shall include, without limitation, abandoned wells, shafts, basements, excavations and unsafe fences and structures;
(c) Any building that has unsanitary sewerage or plumbing facilities;
(d) Any building designated by the Building Commissioner as unsafe for human habitation or use;
(e) Any building that is unsanitary, is littered with rubbish or garbage or that has an uncontrolled growth of weeds;
(f) Any building that:
1. Is dangerous, in a state of dilapidation, deterioration or decay;
2. Has faulty construction;
3. Is open or 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; or
4. Is damaged by fire to the extent as not to provide shelter, is in danger of collapse or failure and is dangerous to anyone on or near the premises; or
(g) Any building defined as a dangerous building in this section, as the same may be amended.
UNOCCUPIED BUILDING.
(a) A building or portion thereof that 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 this code or any other applicable ordinance, code, statute, law, order, rule or regulation.
(b) In determining whether a building is “unoccupied,” the Building Commissioner may consider, among other things, the following factors:
1. Whether substantially all lawful residential or business activity has ceased at the building;
2. The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied to unoccupied units;
3. Whether the building is substantially devoid of contents and the condition and value of fixtures or personal property located within the building;
4. Whether the building lacks utility services including, without limitation, water, sewer, electric and/or natural gas services;
5. Whether the building is the subject of a foreclosure action;
6. Whether the building is actively for sale as part of a contractual agreement and whether the building lacks or displays “for sale,” “for rent” or similar signage; and
7. The presence or recurrence of uncorrected code violations.
VACANT BUILDING.
(a) A building or portion of a building that is:
1. Unoccupied and unsecured;
2. Unoccupied and secured by boards or other similar means;
3. Unoccupied and meets the definition of a dangerous building;
4. Unoccupied and condemned by the Building Commissioner pursuant to the applicable provisions of this code or other applicable ordinances, codes, statutes, laws, orders, rules and/or regulations;
5. Unoccupied and has multiple code violations;
6. Unoccupied and the building has or its premises have been the site of unlawful activity within the previous six months;
7. Condemned by the Building Commissioner and unlawfully occupied;
8. Unoccupied for over 90 calendar days and during which time the Building Commissioner has issued an order to correct public nuisance conditions and the same have not been corrected in compliance with the provisions of this code; or
9. Unoccupied for over two years.
(b) VACANT BUILDINGS shall not include unoccupied buildings that are undergoing construction, renovation or rehabilitation and are in compliance with all applicable ordinances, codes, statutes, laws, orders, rules and regulations, and for which the construction, renovation or rehabilitation is proceeding diligently to completion.
(Ord. 2215, passed 3-5-2015)