For the purpose of this chapter, and the interpretation and enforcement thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number, and words in the plural number include the singular number. The words "shall" and "will" are mandatory and "may" is permissive. Words not defined shall be given their common and ordinary meaning.
BUILDING: Any industrial, business, commercial, single-family residential structure, or multi-family residential structure intended for supporting or sheltering any occupancy.
BUILDING AND ZONING INSPECTOR: The building and zoning inspector or his or her designee.
DEED IN LIEU OF FORECLOSURE: A recorded deed in which a mortgagor (i.e., the borrower) conveys all interest in real property to the mortgagee (i.e., the lender) to satisfy a loan that is in default and avoid foreclosure proceedings.
EVIDENCE OF VACANCY: Any condition that on its own or combined with other present conditions would lead a reasonable person to believe that the building is vacant. Such conditions include, but are not limited to, the following:
A. Evidence that substantially all lawful residential or business activity has ceased;
B. A calculation of the percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units which indicates that the majority of the square footage of the structure and/or the majority of the units in the structure are unoccupied;
C. Evidence that the building is substantially devoid of contents, empty, or unoccupied;
D. Evidence of disrepair in the condition of the building and/or personal property in the building;
E. Past due utility notices and/or evidence that the building is lacking safe and sanitary utility services (examples include, but are not limited to, water, sewer, electric or natural gas services);
F. Evidence that the building is the subject of a current/pending complaint for foreclosure and has either been vacated by the previous inhabitants or is the subject of a judicial order that all inhabitants shall vacate the premises;
G. Evidence that the building is the subject of a pending tax sale;
H. Evidence that the building has been transferred to a lienholder/mortgagee under a deed in lieu of foreclosure;
I. Evidence that the property is unsecured;
J. Evidence that the property is boarded, or otherwise so secured;
K. Condemned property;
L. The presence or recurrence of uncorrected and/or repeated code violations;
M. Overgrown and/or dead vegetation;
N. Accumulation of newspapers, circulars, fliers and/or mail;
O. Accumulation of trash, junk and/or debris;
P. Abandonment by owner;
Q. Lacking in the habitual presence of persons lawfully entitled to be present therein;
R. Evidence that the building has been the site of regular unlawful activity within the previous three (3) months;
S. The extent that any response has been made to any communications from the village pertaining thereto.
FORECLOSURE: The process by which a property placed as security for a loan is sold at auction to satisfy the debt upon default by the mortgagor.
MORTGAGE: A security interest in real property granted by a mortgagor to a mortgagee for the repayment of a debt or the performance of a duty.
MORTGAGEE: Person that takes, holds, or receives a mortgage (i.e., lender).
MORTGAGOR: One who, having all or some part of title to property, by written instrument pledges that property for some particular purpose such as security for a debt (i.e., borrower).
OWNER: Any person, agent, operator, firm, partnership, association, limited liability company, corporation or other entity having a legal or equitable ownership interest in the property.
PERSON: Any individual, trustee, firm, corporation, partnership, limited liability company, association or other legal entity.
SECURE/SECURED: Such measures as may be directed by the village to render the property inaccessible to unauthorized persons, including, but not limited to, the repairing of fences and walls, chaining/padlocking of gates, repairing or boarding of doors, windows and/or other openings, and/or closing and locking windows, doors (walkthrough, sliding and garage), gates and any other opening of such size that it may allow a person to access the interior of a property and/or structure.
VACANT BUILDING: Any industrial, business or commercial structure or any single-family or multi-family residential structure which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by boarding or other similar means; or
C. Unoccupied and a dangerous structure; or
D. Unoccupied and condemned by the building and zoning inspector pursuant to applicable law; or
E. Unoccupied and the subject of multiple code violations; or
F. Unoccupied and the building or its premises has been the site of unlawful activity within the previous six (6) months; or
G. Condemned by the building and zoning inspector;
H. Unlawfully occupied; or
I. Unoccupied for over ninety (90) days and during which time the building and zoning inspector has issued an order to correct public nuisance conditions and said conditions have not been corrected in a code compliant manner; or
J. Unoccupied for more than six (6) months.
K. A building declared vacant by the building and zoning inspector.
A vacant building shall not include unoccupied buildings which are undergoing active and diligent construction, renovation, or rehabilitation and which are in compliance with all applicable village ordinances, codes, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion, or a building that meets all of the following criteria:
A. Has been used as a residence by a person entitled to possession for a period of at least three (3) months within a previous nine (9) month period.
B. A person entitled to possession intends to resume residing at the property.
C. Water, gas and electric utilities are kept on and current for billing.
D. The property is kept in good condition as set forth in the village's property maintenance codes. (Ord. 2010-O-002, 1-11-2010)