For purposes of this section, the terms VACANT and OWNER shall be defined as provided in § 150.031(E). In addition to any other applicable code requirements, each vacant building must be kept in compliance with the following requirements as for as long as the building remains vacant.
(A) Lot maintenance standards. The lot the building stands on, and the surrounding public way, shall be maintained as follows:
(1) All grass and weeds on the premises, including abutting sidewalks, gutters and alleys, shall be kept below 6 inches in height, and all dead or broken trees, tree limbs or shrubbery shall be cut and removed from the premises;
(2) The interior walkway leading to the main entry door, and any public sidewalk adjoining the lot, shall be shoveled clear of snow;
(3) Junk, rubbish, waste and any material that creates a health, safety or fire hazard, including but not limited to, any mail or flyers that have been delivered to the building, shall not be permitted to accumulate on any portion of the exterior lot of the building;
(4) No portion of the lot, nor any structure, vehicle, receptacle or object thereon, shall be maintained or operated in any manner that causes or produces any health or safety hazard or permits the premises to become a rodent harborage or is conducive to rodent harborage;
(5) The lot shall be maintained so that water does not accumulate or stand on the ground; and
(6) All fences and gates shall be maintained in sound condition and in good repair.
(7) The owner shall not permit unauthorized persons and/or their vehicles to park on the lot. Persons who authorized to park, and vehicles that are authorized to be parked by such persons, are limited to those persons and vehicles on the list submitted by the owner to the Village pursuant to § 150.031(A)(4).
(B) Exterior maintenance standards. The exterior of the building shall be enclosed, secured and maintained as follows:
(1) Foundations, basements, cellars and crawlspaces shall be maintained in sound and watertight condition, adequate to support the building, and protected against the entry of rodents or other animals;
(2) Exterior walls shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or the interior spaces and shall be protected against the entry of rodents or other animals;
(3) Exterior windows, doors and openings shall be equipped with hardware for locking and the locking mechanism shall be maintained in properly functioning condition. Any window or opening which is broken, cracked or missing glass or glazing shall be replaced and maintained in good repair or the building opening shall otherwise be adequately secured pursuant to § 150.027;
(4) The roof shall be adequately supported, and shall be maintained in weather tight condition; the gutters, downspouts, scuppers and appropriate flashing shall be in good repair and adequate to remove the water from the building or structure;
(5) Chimneys and flues shall be kept in sound, functional, weather tight condition and in good repair;
(6) Every outside stair or step shall be maintained in sound condition and in good repair; every porch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition for its purpose; and
(7) All exit areas shall have continuous exterior lighting from dusk to dawn; normal intensity of lighting shall be not less than 5 foot-candles per square foot on the floor surfaces, within an 8-foot radius around the exit. This requirement may be met by the use of battery-powered or solar-powered lighting if such lighting meets the performance standards set by this division.
(C) Interior maintenance standards. The interior of any building shall be maintained as follows:
(1) It is prohibited to accumulate or permit the accumulation of junk, trash and debris, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may produce any health, fire or safety hazard, or provide harborage for rodents or other animals on the premises; materials stored by the owner or permitted to be stored by the owner shall be stacked safely, and away from stairs or hallways, and any other places of ingress and egress;
(2) Every foundation, roof, floor, wall, stair, ceiling and any other structural support shall be safe and capable of supporting the loads that normal use may cause to be placed thereon, and shall be kept in sound condition and in good repair; floors and stairs shall be free of holes, grooves and cracks that could be potentially hazardous;
(3) Any plumbing fixtures shall be maintained with no leaking pipes; and all pipes for water shall be either completely drained or heated to resist being frozen;
(4) Every exit door shall be secured with an internal deadbolt lock, or with a locking mechanism deemed equivalent or better by the Building and Code Enforcement Department, and every exit door shall be capable of being opened from the inside easily and without the use of a key or special knowledge;
(5) Interior stairs shall have treads and risers that have uniform dimensions, are sound, securely fastened and have no rotting, loose or deteriorating supports;
(6) Every owner shall be responsible for the extermination of insects, rodents and other vermin in or about the premises; and
(7) Every owner shall maintain in good repair all asbestos-containing materials on the premises; all asbestos-containing materials shall remain free from defects such as holes, cracks, tears and/or looseness that may allow the release of asbestos fibers into the air.
(D) Building security standards. The following standards apply to the securing of vacant buildings:
(1) All building openings shall be closed and secured, using secure doors, glazed windows or boards, planks of wood, wire mesh, or steel security panels, as provided for in § 150.027(C) or filled with like-kind material as the surrounding wall, as applicable, to prevent entry by unauthorized persons. The use of boards or planks of wood shall be installed in a weathertight manner and finished with varnish, or paint of a similar color as the exterior wall, and cut to the inside dimension of the exterior of the opening, and otherwise secured in the manner prescribed by rules and regulations issued by the Building and Code Enforcement Department;
(2) Openings less than 1 square foot in area may be boarded with plywood, provided that the boarding is made weather tight and finished with varnish, or paint of a similar color as the exterior wall, and cut to the inside dimension of the exterior of the opening, and otherwise secured in the manner prescribed by rules and regulations issued by the Building and Code Enforcement Department;
(3) At least 1 building entrance shall be accessible from the exterior and secured with a door that is locked to allow access only to authorized persons; a minimum of 2 exit doors shall be available to exit from the interior of the building, with at least 1 exit door available per 150 linear feet of horizontal travel at ground-floor level;
(4) If a building has been vacant for 6 months or longer, or upon any renewal of the registration statement required in § 150.031, the property owner must implement and provide proof satisfactory to the Building and Code Enforcement Department that the building, in addition to complying with the security standards set forth elsewhere in this section (D), contains all of the security features set forth in either division (D)(4)(a) or (b) below:
(a) Provided all access points to the building are secured and closed, maintain a working burglar alarm system and have an active account with a third party burglar alarm company; the burglar alarm system shall connect to all areas of the building subject to unauthorized human entry, including, but not limited to, all exterior doors, windows or other readily accessible openings. The burglar alarm system shall, upon detecting unauthorized entry, send an automatic signal to a burglar alarm company that has 24 hour live operators who will monitor the system and telephone the property owner or designated agent of the unauthorized entry, and who will also telephone the Police Department to inform it of the unauthorized entry, if there is no adequate response from the property owner or designated agent; or
(b) Seal off every opening larger than 1 square foot in area that is located on the exterior face of the building with boards, planks of wood, wire mesh or steel security panels and doors that are the same or a similar color to the exterior walls:
1. Boards, planks of wood, wire mesh or security panels and doors shall have an exterior finish that allows for easy graffiti removal; and
2. Security panels and doors shall be secured from the interior of the building to prevent unauthorized removal.
(E) Rules and regulations. The Building and Code Enforcement Department may issue rules and regulations for the administration of this section.
(F) Fines and penalties. Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property. Any building in which violations under this chapter remain uncorrected for a period of over 10 days may be declared a public nuisance and shall be subject to abatement proceedings pursuant to § 92.22 and to liens in the amount of any abatement pursuant to § 92.23.
(G) Duty of owner where vacant building becomes violated, after the owner has provided proof that such building is secure. It shall be a violation of this section for a vacant building to become violated (“violated” means security devices and measures have been breached, damaged or removed in a manner that allows for unauthorized entry into the building or exposure of the interior of a building to the elements), after the owner has provided proof to the Building and Code Enforcement Department that such building has been secured in accordance with the regulations of this section. With respect to a vacant building represented by the owner as secure, if the Building and Code Enforcement Department determines, based on an inspection report prepared by the Building and Code Enforcement Department that such building is violated, the Building and Code Enforcement Department shall send by certified mail a written notice of violation to the person responsible for day-to-day supervision and management of the building or to the authorized agent for service of process as identified on the sign required by § 150.031(B), or if there is no such sign, then sent by certified mail to the owner of record. The fine for violation of this division shall be not less than $500 and not more than $1,000.
(Ord. CO-09-18, passed 3-17-2009; Am. Ord. CO-09-27, passed 10-6-2009; Am. Ord. CO-2012-08, passed 2-21-2012; Am. Ord. CO-2012-41, passed 11-5-2012; Am. Ord. CO- 2016-15, passed 7-26-2016; Am. Ord. CO-2021-21, passed 8-17-2021) Penalty, see § 150.999