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(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
(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
(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)
(A) Notice of any determination made pursuant to this subchapter shall be sent by certified mail to the registered owner at the address maintained in the Register of Deed’s office. Any determination shalt not take effect until ten days after the sending of said notice.
(B) If the owner or owners of any property subject to this subchapter object to any determination made by the village or Village Clerk-Treasurer pursuant to this subchapter, he, she or they may appeal said determination to the Village Board.
(Ord. 274, passed 6-4-2024)
(A) Upon receiving notice from the village declaring that a property is vacant or remains vacant, the owner of the building may appeal such decision within 20 calendar days of receipt of the notice. Such appeal shall be in writing to the Village Clerk-Treasurer. Such appeal shall request a hearing before the Board of Health to present reasons why the building should not be declared vacant. The Board of Health shall set such hearing within 20 business days from the date of receipt of the written request.
(B) A written notice of the Board of Health’s decision following the hearing shall be sent to the property owner by certified mail or shall be provided at the conclusion of the meeting. If the Board of Health rejects the appeal, the owner shall have 30 calendar days from the decision to register the vacant building; provided, the owner may appeal such decision within ten calendar days of the Board of Health’s decision to the Village Board, during which proceedings the decision of the Board of Health shall be stayed. Any appeal of a decision from the Village Board shall be made within 30 days of the decision to an appropriate court for adjudication.
(Ord. 274, passed 6-4-2024)
If an unsafe building or structure poses an immediate danger to the health, safety or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice by the Village Clerk-Treasurer to do so, the village may summarily repair such building or structure.
(Ord. 274, passed 6-4-2024)
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of §§ 91.01 through 91.04 and 91.15 through 91.20, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 4-401)
(B) Any person upon whom a duty is placed by the provisions of §§ 91.35 through 91.44 who shall fail, neglect or refuse to perform such duty, or who shall violate a provision of §§ 91.35 through 91.44, shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in any sum not to exceed $500, except that each person so convicted shall be fined in a sum of not less than $200 for the first offense, not less than $300 for the second offense and not less than $400 for the third offense and each offense thereafter. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license, permit or right elsewhere provided for or as provided by law. Each day a violation of §§ 91.35 through 91.44 continues shall constitute a separate and distinct offense and shall be punishable as such.
(Ord. 274, passed 6-4-2024)