§ 135.21 NUISANCE DETERMINATION OF ABANDONED, VACANT, OR UNOCCUPIED PROPERTY.
   (A)   Within 60 days after the effective date of January 1, 2019, and from time to time thereafter, or when brought to his or her attention, the building official or his or her designee shall evaluate any and all properties in the city he or she believes to contain abandoned, vacant or unoccupied building to constitute a nuisance property in considerations of factors including, but not exclusive, such as the location, surrounding neighboring properties, prior complaints, or length and duration of the abandonment, vacancy or un-occupancy. The determination shall be in writing and shall state the basis and findings for the determination. For buildings the building official or his or her designee determines to the property to be a nuisance property, she/he shall, within 14 days of making that determination, send a notice of determination with the findings to the last taxpayer of record listed on the most recent Will County tax roll. Said notice of determination shall be sent certified mail, return receipt requested. Failure of delivery shall not excuse a person from complying with this provision. Any person making such service shall execute an affidavit attesting to the facts of service. The building official or his or her designee shall maintain an affidavit of such mailing for each notice of determination sent.
   (B)   The notice of determination shall contain a statement of the obligations of the owner of a building determined to be a nuisance and a notice of the owner's right to appeal the determination.
   (C)   The building official or his or her designee shall cause an inspection of the exterior and interior of the building on the nuisance property to determine compliance with city's property maintenance, building, health, water, sewer, and fire codes.
   (D)   (1)   The notice of determination shall set a tentative date and time for the code compliance inspection of the interior of the building on the nuisance property to determine the extent of compliance with city health and fire codes. After receipt of the notice of determination, if the owner does not appeal the determination, or after receipt of a denial of appeal, if the owner does appeal, the owner shall either confirm the tentative date for the inspection or shall request a reschedule for a new date and time for same, which shall be set by the building official or his or her designee within 30 days of the date of the determination. If the owner fails to confirm the tentative date and time for the inspection or refuses to schedule or permit the inspection the city may apply to the Circuit Court of Will County for an administrative search warrant to accomplish the inspection.
      (2)   The Circuit Court of Will County may consider any such matters as it deems relevant in its decision as to whether a warrant shall be issued.
   (E)   The city shall charge the owner an inspection fee to offset the cost to the city of said inspection. The owner shall pay the inspection fee to the city within 30 days of receipt of the bill for same.
(Ord. 18-053, passed 12-19-2018)