§ 91.37 EXEMPTIONS.

   Property that is “for sale” or “for rent” or “for lease,” and where the owner can produce sufficient good faith evidence of active marketing of sale, rent or lease, shall be exempt from the vacant property registration and fee requirements.

(Ord. 274, passed 6-4-2024)

§ 91.38 PROCEDURE AND FEES.

   (A)   (1)   Owner(s) of vacant property, as defined in this subchapter, shall voluntarily register such property with the Village Clerk-Treasurer.

      (2)   Registration shall be completed by the completion of a vacant property registration form in either paper or electronic form, upon which the following information shall be required:

         (a)   Name, street address, mailing address, telephone number and, if applicable, the facsimile number and email address of the property owner and his or her agent;

         (b)   Street address and parcel identification number of the vacant property;

         (c)   Transfer date of the instrument conveying the property to the owner;

         (d)   Date on which the property became vacant; and

         (e)   Owner plan of occupancy, which sets out the time period that the vacant property is expected to remain vacant and a plan and timetable for the following:

            1.   Returning the vacant property to the appropriate occupancy or use;

            2.   Marketing the property for sale or lease;

            3.   Making any necessary repairs; or

            4.   Demolition of the property, or removal in the case of a mobile home.

      (3)   The owner shall notify the village of any changes in information supplied as part of the vacant property registration within 30 calendar days of the change.

   (B)   Owners of vacant property shall be required to pay an initial registration fee 180 days after initial registration of the vacant property pursuant to division (A) above or 360 days after the property becomes vacant, whichever is sooner. The initial registration fee for residential properties shall be $250. The initial registration fee for commercial properties shall be $1,000.

   (C)   (1)   Owners of vacant property shall be required to pay an additional supplemental fee each year for as long as the property remains on the vacant property registration data base. The supplemental fee shall be $500. The maximum supplemental fee charged shall not exceed $2,500.

      (2)   Should the property be identified by the village as vacant, the owner must register said property with the Village Clerk-Treasurer within 30 calendar days of written notice provided to the owner or the owner’s resident agent of the existence of the vacant property. Such notice shall be served on the owner or resident agent by personal service or by certified mail, return receipt requested. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the village or by conspicuously posting the notice on the commercial building or residential building which is vacant.

(Ord. 274, passed 6-4-2024) Penalty, see § 91.99

§ 91.39 INSPECTIONS.

   The Village Clerk-Treasurer or his or her designee shall inspect the interior and exterior of the vacant property upon registration and at one-year intervals thereafter for so long as the property remains on the vacant property registration database.

(Ord. 274, passed 6-4-2024)

§ 91.40 COLLECTION OF FEES AND FINES.

   (A)   Any and all civil penalties or fees assessed under this subchapter shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the village to pursue any and all available legal remedies for the enforcement and collection of such penalties, including, but not limited to, suits or actions being maintained in any court of competent jurisdiction, abatement of nuisances maintained in violation of this subchapter, institution of injunction, mandamus or other appropriate action or proceedings to enforce the penalty provisions of this subchapter and § 91.99(B). This subchapter in no way limits the penalties, actions or abatement procedures which may be taken by the village for a violation of any other ordinance of the village or statute of the state.

   (B)   Unpaid vacant property registration fees and unpaid fines for any violation of this subchapter shall become a lien on the applicable property upon the recording of a notice of such lien in the office of the County Register of Deeds. The lien created under this division (B) shall be subordinate to all liens on the applicable property recorded prior to the time the notice of such lien under this division (B) is recorded.

(Ord. 274, passed 6-4-2024) Penalty, see § 91.99

§ 91.41 CHANGES IN OWNERSHIP OR STATUS.

   (A)   If vacant property changes ownership, the subsequent owner or owners of the vacant property shall assume the obligation of the previous owner or owners.

   (B)   If at any time vacant property that has been registered with the database ceases to be classified as vacant or subsequently meets one of the exemptions, the owner or owners shall notify the Village Clerk-Treasurer, who shall, upon proof of such change in circumstances, remove said property from the database.

(Ord. 274, passed 6-4-2024)