For the purpose of the application of this chapter 8 or title 6, the following definitions shall be used in lieu of any conflicting definition of this code unless the context clearly indicates or requires a different meaning.
ATTRACTIVE NUISANCE: Same as public nuisance or vice versa and a deceptively attractive yet dangerous feature on property that may cause trespassing.
BOARDED BUILDING: A building that has, in a manner intended to be temporary or permanent, any or all openings, including windows or doors present for the purpose of light, ventilation or ingress/egress, secured by means other than conventional methods used in the design of a building or permitted for new construction of a similar type by 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 structure occupied or intended for supporting or sheltering any occupancy. A structure which is erected, composed of building materials, intended for occupancy, use or convenience.
CODE OFFICIAL: Community Development Director or his designee.
DANGEROUS BUILDING OR STRUCTURE: Any building or structure that is 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 is in a state of dilapidation, deterioration or decay, is structurally unsafe, is in a state of partial or complete collapse, caused by fire or other means, or is in such a state where systems failures are possible.
DEFAULT: Shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage and that the mortgagee has filed a foreclosure action in Circuit Court.
ENFORCEMENT OFFICER: Shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the Village to enforce any applicable Village code and ordinance.
EVIDENCE OF VACANCY: Shall mean any condition than on its own, or combined with other conditions present, would lead a reasonable person to believe that a property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation, past due utility notices and or discontinued utilities; accumulation of trash, junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passers-by, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable codes and ordinances.
FORECLOSURE OR FORECLOSURE ACTION: Shall mean the legal process by which a mortgagee, or other lienholder, terminates or attempts to terminate a property owner's equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lienholder, or their designee, by certificate of title, or any other means, is sold to a non-related bona fide purchaser in an arm's length transaction to satisfy the debt or lien.
MORTGAGEE: Shall mean the creditor, including, but not limited to, trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.
OWNER: Shall mean every person, entity, or mortgagee, who alone or severally with others, has legal or equitable title to any real property as defined in this chapter; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The property manager agent shall not be considered the owner. Shall also mean any person, agent, operator, firm or corporation having a legal or equitable ownership interest in the fee title to the property.
PERSON: An individual, corporation, partnership, limited liability company or any other group or entity acting as a unit.
PREMISES: Any tract, lot, plot, or parcel of land, including any structure thereon.
PROPERTY MAINTENANCE CODE: Those codes adopted, and as amended, under title 6 of this code.
PROPERTY MANAGER OR AGENT: A person, operator, firm, partnership, corporation, or other legal entity designated in writing by the property owner to the Village as responsible to manage a property including the authority to receive notices or citations, inspecting, maintaining and securing the property as required by codes and ordinances.
PUBLIC NUISANCE: As defined under chapter 1 of title 5 - "HEALTH AND SANITATION " of this code and shall also include the following:
A. Any physical condition or uses of any premises that is regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code, as amended; or
B. Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, swimming pools and unsafe fences or structures; or
C. Any building that has unsanitary sewage or plumbing facilities; or
D. Any building designated by the Director as unsafe for human habitation or use; or
E. Any building that constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life, limb or property; or
F. Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
G. Any building that is: in a state of dilapidation, deterioration or decay; improperly constructed; unsecured; vacant and boarded; damaged by fire to the extent that it no longer provides shelter; in danger of collapse or structural failure; or dangerous to anyone on or near the premises; or
H. Any premises that contains evidence of unlawful activity to a degree that such activity may endanger, threaten or otherwise negatively impact the users and value of adjacent premises; or
I. Any premises found by a court of competent jurisdiction to be a criminal public nuisance; or
J. Any building deemed to be a "dangerous building" or any structure deemed to be a "dangerous structure" under this section.
REAL PROPERTY: Shall mean any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located within the corporate limits of the Village of Fox Lake.
REGISTRABLE PROPERTY: Shall mean:
A. Any real property located in the Village, whether vacant or occupied, that is encumbered by a mortgage in default; or
B. Meets the definition of a vacant property; or
C. Is subject to an ongoing foreclosure action by the mortgagee or trustee or lienholder; or
D. A judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure; or
E. Any properties transferred under a deed in lieu of foreclosure/sale.
F. Any property that is vacant for more than 30 days or any cancellation of a utility or service, whichever occurs first.
The designation of a default/foreclosure property as registrable shall remain in place until such time as the property is sold to a non-related bona fide purchaser in an arm's length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured.
REGISTRY: Shall mean an electronic database of searchable real property records, used by the Village to allow mortgagees and owners the opportunity to register properties and pay applicable fees as required by the Village.
SEMI-ANNUAL REGISTRATION: Shall mean six (6) months from the date of the first action that requires registration, as determined by the Village, or its designee, and every subsequent six (6) months. The date of initial registration may be different than the date of the first action that required registration.
UNOCCUPIED BUILDING: 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 Code Official. In determining whether a building is "occupied", the Code Official shall, in part, consider these factors, among others:
A. A building at which substantially all lawful residential, business or other use or occupancy has ceased other than for a short period of time while the owners or tenants are temporarily residing in another location for a period no greater than six (6) months;
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 any or all utility or services, for example, water, sewer, electric or natural gas;
E. The building may or may not be actively for sale as part of a contractual agreement to sell the building, the building lacks "for sale", "for rent", or similar signage; and
F. The presence or recurrence of uncorrected code violations.
UTILITIES AND SERVICES: Shall mean any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Village codes and ordinances. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, snow removal and building maintenance.
VACANT BUILDING: A building or portion of a building that is:
A. Any parcel of land in the Village that contains any building or structure that is not lawfully occupied
B. Unoccupied (an "Unoccupied Building") and the subject of a mortgage foreclosure or similar foreclosure or debt collection process or action;
C. Unoccupied and unsecured;
D. Unoccupied and meeting the boarded building definition of this chapter;
E. Unoccupied and a dangerous building or structure;
F. Unoccupied and condemned by the Code Official pursuant to applicable provisions of this code;
G. Unoccupied and has multiple code violations;
H. Unoccupied and the building or the premises have been the site of unlawful activity within the previous ninety (90) days;
I. Unoccupied and during which time the Code Official has issued an order to correct public nuisance conditions and same have not been corrected in a code compliant manner.
But not including unoccupied buildings which are actively 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.
VACANT PREMISES: Premises which does not contain any permanent habitable building or structure unless directly abutting a premises of common ownership containing a permanent habitable building or structure or is not being utilized for a listed use for its underlying zoning district that does not require a habitable building or structure such as a public park or forest preserve. (Ord. 2019-42, 12-10-2019)