(A) The owner of a building who knows or from the facts and circumstances should know that his or her building is or has become a vacant building after the effective date of this chapter, or the owner of a building determined by the Building Commissioner, at any time, to be a vacant building, or the owner of a building whose appeal from the Building Commissioner’s determination has been denied by the Village Administrative Hearing Officer shall take the actions provided for in this section within 15 calendar days after:
(1) The date of the Building Commissioner’s notice of determination,
(2) The occurrence of facts that would cause a reasonable person to believe that the building is a vacant building, or
(3) A denial of an appeal, whichever is applicable.
(B) Registration does not exonerate the owner from compliance with all applicable provisions of this code and all other applicable ordinances, codes, statutes, laws, orders, rules and regulations, nor does it preclude any of the actions the village is authorized to take pursuant to this chapter or elsewhere in this code.
(C) Registration requirements.
(1) The owner of a vacant building must register the building with the Building Commissioner, on a form provided by the Building Commissioner (attached to Ord. 2215 as Exhibit A), and pay the $200 nonprorated vacant building registration fee. The form shall minimally include the name, street address and telephone number of the owner; the case name and number of any litigation pending concerning or affecting the building, including bankruptcy cases; and the name, street address, and telephone number of all persons with any legal interest in the building or the premises. The form shall require the owner to identify a natural person 21 years of age or older who maintains a permanent address in Cook County, Illinois, to accept service on behalf of the owner with respect to any notices the village sends pursuant to this chapter or service of process in any proceeding commenced to enforce any provision of this chapter, and file with the Building Commissioner on the registration form, the name, address and telephone number of that person. A street address is required. A post office box is not an acceptable address;
(2) The owner of a vacant building must renew the vacant building registration each year on the anniversary date of the first filing for the time the building remains vacant and pay the required $100 annual fee; and
(3) The owner of a vacant building must file an amended registration within 15 calendar days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever.
(D) Notice; inspection.
(1) The form shall require the owner to indicate his or her “acceptance of notice by posting” consenting to service of notices sent or required to be sent, pursuant to this chapter, by posting on the building if the owner fails to renew the registration if required or fails to maintain up-to-date information regarding the person designated to accept notice and service of process with the Building Commissioner.
(2) The owner shall allow for a code compliance inspection of the interior of the vacant building and shall pay an inspection fee as set forth in § 150.17 at the time that the inspection is scheduled. Such inspection will determine the extent of compliance with applicable ordinances, codes, statutes, laws, orders, rules and regulations, including building codes, health, fire, water and sewer codes. The village shall send the inspection report to the owner within 30 calendar days.
(E) Insurance. The owner shall obtain liability insurance and maintain such insurance for as long as the building is vacant, and file evidence of such insurance with the Building Commissioner. The insurance policy shall be in the following amounts; $500,000 for a vacant residential building containing one to three units; $750,000 for a vacant residential building containing four to 11 units; $1,000,000 for a vacant residential building containing 12 to 48 units; $2,000,000 for a vacant residential building containing more than 48 units; and $2,000,000 for a vacant manufacturing, industrial, storage or nonresidential commercial building.
(F) Vacant building plan. At the time a building is registered as required herein, the owner shall submit a vacant building plan. The Building Commissioner may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this chapter, the Building Commissioner may determine the plan. The plan shall minimally contain the following:
(1) A plan of action to repair any doors, windows or other openings that are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type. The proposed repair shall result in openings being secured by conventional methods used in the design of the building or by methods permitted for new construction of similar type with boards being removed. Boarding shall be accomplished with materials and methods prescribed by the Building Commissioner and available in the Building Department. The owner shall maintain the building in an enclosed and secure state until the building is reoccupied or made available for immediate occupancy. If the owner demonstrates that securing of the building will provide adequate protection to the public, the Building Commissioner may waive the requirement of an enclosure;
(2) For buildings and premises that are determined by the Building Commissioner to be or contain public nuisances, as defined in § 161.03, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s);
(3) A time schedule identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and nuisance identified by the Building Commissioner;
(4) When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition;
(5) A plan of action to maintain the building and premises thereof in conformance with this chapter;
(6) A plan of action, with a time schedule, identifying the date the building will be habitable and occupied or offered for occupancy or sale. The time schedule shall include date(s) of commencement and completion of all actions required to achieve habitability. No plan that provides for compliance with this chapter or, which will not, as determined by the Building Commissioner, achieve such compliance, within six months, in the case of a vacant boarded building, and two years, in the case of a vacant, un-boarded, and code compliant building will be approved;
(7) All premises upon which unoccupied buildings or vacant buildings are located, and their exteriors, shall at all times be maintained in compliance with this code; and
(8) Exterior lighting according to standards established by the Building Commissioner and available from the Building Commissioner or from the Building Department.
(G) Security guard service. On written notice of the Building Commissioner, an owner shall provide bonded, licensed and insured security guard service at the building between the hours of 3:00 p.m. and 8:00 a.m. Such service shall remain in place until the Building Commissioner gives written notice that the service is no longer required. Such service shall be required when the Building Commissioner makes a written determination that the vacant building constitutes a fire hazard, is otherwise dangerous to human life or the public welfare or involves illegal or improper use, occupancy, or maintenance, under such conditions that boarding and securing the building are insufficient to prevent the actual or threatened harm.
(H) Signage. Signage shall be affixed to every building that is boarded up. Such signage shall be no smaller than two feet by two feet, shall comply with the village’s sign regulations and shall contain the following information: the name, address and telephone number of the owner and, for buildings that are the subject of a foreclosure action, the name, address and telephone number of the plaintiff and the plaintiff’s attorney handling the foreclosure action, if any. The sign must be placed so that its message is legible from the public way.
(Ord. 2215, passed 3-5-2015) Penalty, see § 161.99