A. Definitions: Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this section, have the meanings indicated in this subsection:
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 structure occupied or intended for supporting or sheltering any occupancy.
CODE ENFORCEMENT OFFICER: The code enforcement officer or his or her designee.
DANGEROUS BUILDING: For the purpose of this section, any building or structure which has any of the following defects or is in any of the conditions hereinafter described shall be deemed a "dangerous building" and any conditions hereinafter described shall be deemed unsafe:
1. Whenever any portion thereof has been damaged by wind, flood, fire, water or in any other manner so that the structural strength or stability thereof is appreciably less than it was before the damage.
2. Whenever any portion or member or appurtenance thereof is likely to fail or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
3. Whenever any portion thereof has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction.
4. Whenever any building or structure or any part thereof, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, is likely to partially or completely collapse; or some portion of the foundation or underpinning is likely to fall or give away.
5. Whenever for any reason whatsoever, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is used.
6. Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play in or about the building structure to their danger.
7. Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to afford a harbor for trespassers, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful acts.
8. Whenever a building or structure is infested with rodents, insects, pests or other vermin; and is therefore likely to cause sickness or disease.
9. Whenever any building shall become vacant, dilapidated or open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
OWNER: Any person, agent, operator, firm or corporation 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 legal 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 any court of competent jurisdiction.
PERSON: Includes a corporation, a partnership, a trust or any other entity as well as an individual.
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 regarded as a public nuisance at common law, under the Illinois Compiled Statutes or under this code; or
2. Any physical condition, use or occupancy or any building or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures; or
3. Any building which has unsanitary or nonfunctioning sewerage or plumbing facilities; or
4. Any building designated by the code enforcement officer as unsafe for human habitation or use; or
5. Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure as to endanger life, limb or property; or
6. Any building which is unsanitary, or which is littered with rubbish or solid waste, or which has an uncontrolled growth of weeds; or
7. Any building that is dangerous, in a state of dilapidation, deterioration or decay; faulty construction; 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; 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 defined as a "dangerous, unsafe building" by this section, as it may be amended.
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 enforcement officer pursuant to authority granted to him by this code.
In determining whether a building is "unoccupied", the code enforcement officer shall find one or more of the following factors, among others:
1. A building at which substantially all lawful residential or business activity has ceased.
2. The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units shall be considered.
3. The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination.
4. The building lacks utility services, i.e., water, sewer, electric or natural gas.
5. The building is the subject of a foreclosure action.
6. 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.
7. The presence or recurrence of uncorrected code violations.
VACANT BUILDING: A building or portion of a building which is:
1. Unoccupied and unsecured; or
2. Unoccupied and secured by boarding or other similar means; or
3. Unoccupied and a dangerous structure; or
4. Unoccupied and condemned by the code enforcement officer pursuant to applicable provisions of this code; or
5. Unoccupied and has multiple code violations; or
6. Unoccupied and the building or its premises has been the site of unlawful activity within the previous six (6) months; or
7. Condemned by the code enforcement officer and unlawfully occupied; or
8. Unoccupied for over one hundred eighty (180) days and during which time the code enforcement officer has issued an order to correct public nuisance conditions and same have not been corrected in a code compliant manner; or
9. Unoccupied for over two (2) years.
But not including:
Unoccupied buildings which are 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.
B. Determination By Code Enforcement Officer:
1. Within one hundred twenty (120) days after the effective date hereof, the code enforcement officer shall evaluate all buildings in the village he believes to be unoccupied on the effective date of this section and make a determination for each as to whether the building is a "vacant building" within the meaning of this section. The code enforcement officer may determine that a building which meets any of the criteria set forth herein is not to be regulated under this section for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, he or she determines that regulation of the building under this section would not serve the public health, welfare, and safety and makes written findings in support of his decision. The determination shall be in writing and shall state the factual basis for the determination.
2. For buildings the code enforcement officer determines to be "vacant buildings", he shall, within fourteen (14) days of making that determination, send notice of his written determination with the factual findings to the last taxpayer of record listed on the most recent Kankakee County tax roll. Said notice of determination shall be sent by both certified mail, return receipt requested and first class United States mail, with proper postage prepaid. Failure of delivery shall not excuse a person from complying with this section. The code enforcement officer may personally serve or cause personal service of the notice of determination. Any person making such service shall execute an affidavit attesting to the facts of service. The code enforcement officer shall maintain an affidavit of such mailing for each notice of determination sent.
3. The notice shall require the owner to arrange a mutually convenient time within fourteen (14) days of the notice to arrange a code compliance inspection of the interior of the vacant building to determine the extent of compliance with village property, building codes, health, fire, water and sewer codes. In the event that the owner shall fail to arrange an appointment, the code enforcement officer shall send a notice establishing a date and time for said inspection. The owner shall pay the two hundred dollar ($200.00) inspection fee to the village within thirty (30) days of the inspection. An unpaid fee shall be a lien upon the premises.
4. The notice shall contain a copy of the ordinance codified herein, a copy of the registration form the owner is required to file pursuant to this section, and a notice of the owner's right to appeal the code enforcement officer's determination.
C. Appeal Of Determination:
1. An owner of a building determined by the code enforcement officer to be a vacant building as provided for in this section may appeal that determination to the village attorney or his or her designee. Such appeal shall be in writing and shall be filed with the village attorney within fifteen (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 building as required by this section. The appeal shall contain a complete statement of the reasons the owner disputes the code enforcement officer's determination, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The village attorney shall decide the appeal on the basis of facts presented by the owner in his or her written appeal and the code enforcement officer's written determination.
2. The burden is upon the owner to present sufficient evidence to persuade the village attorney that had the evidence been known to the code enforcement officer at the time the code enforcement officer made the determination, the code enforcement officer would more likely than not have determined that the subject building was not a "vacant building" within the meaning of this section.
3. The village attorney shall send written notice of his decision to the owner within ten (10) days of his or her receipt of the appeal. The village attorney may, but is not required to, seek additional information from the owner. The village attorney may, upon written notice thereof to the owner, take no more than ten (10) additional days, to decide the appeal if he or she determines that such additional time is required for consideration of the appeal.
4. An owner who wishes to challenge applicability of this section to his/her building without the code enforcement officer's determination having been made, shall set forth specific facts to support nonapplicability in writing to the code enforcement officer. In the event the code enforcement officer determines that the subject building is a "vacant building", the owner shall have the right to appeal the code enforcement officer's determination to the village attorney as provided herein.
D. Obligation To Register: The owner of a building who knows, or from all the facts and circumstances should know, that his or her building is or has become a "vacant building" within the meaning of this section after the effective date hereof or the owner of a building, which the code enforcement officer determines at any time to be a "vacant building", or the owner of a building whose appeal from the code enforcement officer's determination has been denied by the village attorney shall take the actions provided for in this section within fifteen (15) days after either the date of the code enforcement officer's notice of determination or occurrence of the facts which would cause a reasonable person to believe that the building was a "vacant building", or denial of the appeal, whichever is applicable. Registration does not exonerate the owner from compliance with all applicable codes and ordinances, including this section, nor does it preclude any of the actions the village is authorized to take pursuant to this section or elsewhere in this code.
1. Registration Requirements:
a. Register the building with the code enforcement officer, on a form provided by the code enforcement officer and pay the one hundred dollar ($100.00) annual nonprorated vacant building registration fee. The form shall include, as a minimum, 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 twenty one (21) years of age or older who maintains a permanent address in Kankakee County, Illinois, to accept service on behalf of the owner with respect to any notices the code enforcement officer sends pursuant to this section or service of process in any proceeding commenced to enforce any provision of this section, and file with the code enforcement officer on the registration form, the name, address, telephone number, of said person. A street address is required. A post office box is not an acceptable address. In the event that the property becomes occupied prior to the expiration of six (6) months after the original determination, one-half (1/2) of the fee paid shall be refunded to the owner;
b. 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 one hundred dollar ($100.00) annual fee; and
c. File an amended registration within fifteen (15) days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever.
2. Notice; Inspection: 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 section, by posting on the building if the owner fails to renew the registration if required, or maintain as current with the code enforcement officer the information required regarding the person designated to accept notice and service of process.
The owner shall allow for a code compliance inspection of the interior of the vacant building and shall pay the two hundred dollar ($200.00) fee therefor within thirty (30) days of the inspection. Such inspection will determine the extent of compliance with village property, building codes, health, fire, water and sewer codes. The village shall send the inspection report to the owner within thirty (30) days.
3. Insurance: Obtain liability insurance and maintain such insurance for as long as the building is vacant, and file evidence of such insurance with the code enforcement officer, as follows: an amount equal to three (3) times the assessed valuation of the real estate and all improvements thereon as determined by the Kankakee County assessor.
4. Vacant Building Plan: At the time a building is registered as required herein, the owner shall submit a vacant building plan. The code enforcement officer may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this section, the code enforcement officer may determine the plan. The plan shall contain the following as a minimum:
a. A plan of action to repair any doors, windows, or other openings which 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 or 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 board removed. Boarding shall be accomplished with materials and methods described by the code enforcement officer. 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 code enforcement officer may waive the requirement of an enclosure.
b. For buildings and premises thereof which are determined by the code enforcement officer as being or containing public nuisances, as defined in this section, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).
c. 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 code enforcement officer.
d. When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
e. A plan of action to maintain the building and premises thereof in conformance with this section.
f. 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 which provides for compliance with this section or, which will not, as determined by the code enforcement officer, achieve such compliance, within six (6) months, in the case of a vacant boarded building, and two (2) years, in the case of a vacant, unboarded, and code compliant building will be approved.
g. All premises upon which unoccupied or vacant buildings are located and the exteriors shall at all times be maintained in compliance with this code.
h. Exterior lighting according to standards established by the code enforcement officer and available from the code enforcement officer.
5. Signage: Affix in a public place and visible to the public located upon or adjacent to the main entrance door to any building which is boarded, a weatherproof notice, and providing the following information: The name, address, and telephone number of the owner, and in addition, for buildings which are the subject of a foreclosure action, the name, address, and telephone number of the plaintiff and the plaintiffs attorney, if any, in the foreclosure action. The sign must be placed so that its message is legible from the public way.
E. Approval Of Plan:
1. Review Building Plan: The code enforcement officer shall review the proposed vacant building plan in accordance with the standards below. The code enforcement officer shall send notice to the owner of the vacant building of his determination.
2. Standards For Plan Approval: In considering the appropriateness of a vacant building plan, the code enforcement officer shall include the following in his or her consideration and shall make written findings as to each:
a. The purposes of this section and intent of the village council to minimize the time a building is boarded or otherwise vacant.
b. The effect of the building and the proposed plan on adjoining property.
c. The length of time the building has been vacant.
d. The presence of any public nuisances on the property.
e. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the condition it is designed to address.
F. Authority To Modify Plan, Right Of Appeal: The code enforcement officer shall, upon notice to the vacant building owner, have the right to modify the vacant building plan by modifying the dates of performance, the proposed methods of action, or by imposing additional requirements consistent with this section he or she deems necessary to protect the public health, safety, or welfare.
G. Failure To Comply With Plan: Failure to have an approved plan within thirty (30) days of filing the registration form or 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 section and to any remedies the village may avail itself of as provided for herein and elsewhere in this code, including, but limited to, an action to compel correction of property maintenance violations.
H. Other Enforcement: The registration of a vacant building shall not preclude action by the village to demolish or to take other action against the building pursuant to other provisions of this section, this code, or other applicable legislation.
I. Certification: A certificate of code compliance for vacant buildings issued by the code enforcement officer and payment in full of all fees imposed pursuant to this section are required prior to any occupancy of a vacant building.
J. Boarding Of Buildings: It is the policy of the village of Herscher that boarding is a temporary solution to prevent unauthorized entry into a vacant building and that boarded buildings are a public nuisance. A vacant building may not remain boarded longer than six (6) months unless an extension of that time is part of a plan approved by the code enforcement officer.
A vacant building which is unboarded and code compliant and for which boarding is determined by the code enforcement officer on the basis of police reports, citizen complaints, and other information of other type considered reliable by reasonable persons, to not require boarding to prevent unauthorized entry may not remain vacant for more than two (2) years without an approved plan for occupancy, sale, demolition, or other disposition of the building.
K. Enforcement And Penalties:
1. Any person found to have violated any provision of this section shall be subject to a minimum fine of one hundred dollars ($100.00) per day per violation to a maximum of five hundred dollars ($500.00) per day per violation, in addition to any other legal or equitable remedies available to the village. Such other remedies include, but are not limited to, injunctive relief, application to a court of competent jurisdiction for a receiver, demolition, or condemnation, contracting for the repair or purchase of the premises, or foreclosure of any lien the village may have thereon.
2. A separate and distinct offense shall be committed each day on which such person or persons shall violate the provisions of this section.
3. The village may enforce this section in its administrative adjudication system or through the court system. Administrative adjudication shall be conducted in accordance with the provisions of this code, as it may be amended.
4. Nothing herein contained shall prohibit the village from immediately condemning as provided for in this code a building or taking other immediate action upon a determination that the building is a public nuisance or poses an imminent danger to the occupants of the building; or the public health, safety and welfare. (Ord. 11-34, 10-3-2011)