Unless otherwise expressly stated or clearly indicated by the context, the following terms shall have the meanings indicated in this section:
ABANDONED PROPERTY. Property that has:
(1) Delinquent taxes two or more years or bills for water service for the property have been outstanding for two or more years or the water service has been turned off for two or more years;
(2) Unoccupied by persons legally in possession; or
(3) The property contains a dangerous or unsafe building or structure.
BOARDED BUILDING. 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 opague, 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 OR STRUCTURE. Building or structure defined as now existing or hereafter amended:
(1) The physical condition, or use of any building, structure or premises regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code;
(2) Any physical condition, use or occupancy of any premises, structure, building or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, abandoned swimming pools, shafts, basements, excavations, and unsafe fences or structures;
(3) Any building which has unsanitary sewerage or plumbing facilities;
(4) Any building designated by the Building Official or his or her designee as unsafe for human habitation or use;
(5) Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure so as to endanger life, limb or property;
(6) Any building or premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds;
(7) Any building or structure that is dangerous, in a state of dilapidation, deterioration or decay; faulty construction; unsecure; 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 or structure defined as a DANGEROUS BUILDING hereinabove.
UNOCCUPIED BUILDING. 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 Building Official or his or her designee pursuant to authority granted to him/her by this code. In determining whether a building is “unoccupied,” the building official or his or her designee 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.
VACANT BUILDING.
(1) Building or portion of a building which is:
(a) An unoccupied building that is unsecured;
(b) An unoccupied that is secured by boarding or other similar means;
(c) An unoccupied building that is dangerous to the health, safety and welfare of firefighters, police officers, other officials, or the surrounding neighborhood;
(d) An unoccupied building condemned by the building official or his or her designee pursuant to applicable provisions of this code and the City Building Code;
(e) An unoccupied building with multiple code violations;
(f) An unoccupied building or its premises which has been the site of unlawful activity within the previous six months;
(g) A building condemned by the building official or his or her designee and unlawfully occupied;
(h) A structure which has been an unoccupied building for over 180 days and during which time the building official or his her designee has issued an order to correct public nuisance conditions and same have not been corrected in a code compliant manner; or
(i) A structure which has been an unoccupied building for over two years and for which the property taxes have been unpaid for a period of at least two years.
(2) VACANT BUILDING shall not include the following:
(a) Unoccupied buildings which are undergoing construction, renovation, or rehabilitation and which are in compliance with all applicable ordinances, codes, legislation, and regulations, or for which construction, renovation or rehabilitation is proceeding diligently to completion under a specific plan;
(b) Buildings which are unoccupied on a seasonal basis, but otherwise secure and which are in compliance with all applicable ordinances, codes, legislation, and regulations;
(c) Buildings which are actively for sale or for rent, which display “for sale” or “for rent” signs, and are otherwise secure and which are in compliance with all applicable ordinances, codes, legislation, and regulations; or
(d) Buildings which are the subject of a probate action, action to quiet title, or other ownership dispute and are otherwise secure and which are in compliance with all applicable ordinances, codes, legislation, and regulations.
(e) Buildings that are the subject of a public legislative process to determine their suitability for re-occupancy or rehabilitation for future public or private use.
(Ord. 18-053, passed 12-19-2018)