Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this subchapter, have the meanings indicated in this subchapter.
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.
DANGEROUS BUILDING. A building defined as a DANGEROUS BUILDING in the village building code, as it may be amended. Such buildings are public nuisances.
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 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 a court.
PERSON. Includes a corporation, a partnership, or other entity as well as an individual.
PREMISES. A lot, plot, or parcel of land including any structure thereon.
PUBLIC NUISANCE. In addition to the nuisances as defined in § 94.02
of this code, a nuisance shall be also be defined as any one of the listed conditions.
(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;
(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;
(3) Any building which has unsanitary sewerage or plumbing facilities;
(4) Any building designated by the Code Official as unsafe for human habitation or use;
(5) Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure as to endanger life, limb or property;
(6) Any building which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds;
(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 BUILDING by any section of this code, 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 official pursuant to authority granted to himby this code. In determining whether a building is "unoccupied", the code official may consider these 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.
(1) A building or portion of a building which is:
(a) Unoccupied and unsecured;
(b) Unoccupied and secured by boarding or other similar means;
(c) Unoccupied and a dangerous structure;
(d) Unoccupied and condemned by the code official pursuant to applicable provisions of this code;
(e) Unoccupied and has multiple code violations;
(f) Unoccupied and the building or its premises has been the site of unlawful activity within the previous six months;
(g) Condemned by the code official and unlawfully occupied;
(h) Unoccupied for over 180 days 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;
(i) Unoccupied for over two years; or
(j) An "abandoned residential property," as defined in 65 ILCS 5/11-20-15.1 as a residential dwelling unit that has been unoccupied by any lawful occupant or occupants for at least 90 days, and for which after such 90 day period the village has made good faith efforts to contact the legal owner or owners of the property or, if known, the agent of the owner, and no contact has been made.
(2) 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.
(Ord. 12-5-1898, passed 5-29-2012)