ORDINANCE NUMBER _2050___ _
ADOPTED BY THE BOARD OF TRUSTEES
OF THE VILLAGE OF MONEE
THIS _13th _ DAY OF __March__________________, 2024
WHEREAS, the Village of Monee (“Village”) is a home rule municipality in accordance with the Constitution of the State of Illinois of 1970; and
WHEREAS, the Village has the authority to adopt ordinances and to promulgate rules and regulations that pertain to its government and affairs that protect the public health, safety and welfare of its citizens; and
WHEREAS, person within the Village bear the responsibility for payment of water service charges registered by their respective water meters and other outstanding monetary obligations owed to the Village; and
WHEREAS, in connection with said responsibility, the Village has adopted ordinances and building codes pertaining to various types of buildings and structures including residential, commercial, and industrial facilities; and
WHEREAS, the Village also provides essential services to Owners of real estate including, but not limited to, water, sewer and garbage disposal; and
WHEREAS, it has been determined that prior to the transfer of any single family, multi- family, commercial or industrial buildings an inspection of the premises shall be implemented by the Village to ensure Village Code compliance; and
WHEREAS, the Village Board has further determined that it is fair and equitable to require all outstanding water, sewer and garbage fees, fines, judgments and costs due and owing the Village be paid in full and brought current prior to any such real estate transfer.
WHEREAS, transfers of real estate have occurred within the Village wherein certain persons have failed to pay for water service charges and other monetary obligations owed to the Village, thereby created a financial burden on the Village which is ultimately passed through to Village residents and other entities that pay real estate taxes within the Village; and
WHEREAS, it is desirable for the Village to establish and maintain a mechanism to recapture unpaid water service charges, plus outstanding penalties for delinquent payments, if any, and other monetary obligations owed to the Village from persons who refuse to voluntarily pay such charges at the time these persons transfer real estate within the Village.
NOW, THEREFORE, BE IT ORDAINED by the Village President and Board of Trustees of the Village of Monee, a Home Rule Unit of Government, Will County, Illinois, pursuant to its home rule powers, as follows:
Section One. Preambles. That the preambles above set forth are incorporated herein as if set forth in full.
Section Two
.
Real Estate Transfer Stamp required upon real estate transfer.
(a) No real estate in the Village of Monee shall be sold, quit claimed, traded or otherwise transferred unless it has been determined that the Village's water charges, grass cutting charges, ambulance charges, property maintenance charges and unpaid judgments related to the property, as of the most recent billing, have been paid in full, and that the owner of the real estate is otherwise not in debt to the Village, as evidenced by a Real Estate Transfer Stamp issued by the Village Clerk’s office.
(b) No real estate in the Village of Monee shall be sold, quit claimed, traded or otherwise transferred unless it has been determined that the property owner has complied with all requirements imposed by Chapter 12, Section 1-12-1 of the Village Municipal Code, providing for a real estate occupancy inspection process prior to a transfer of real estate in the Village, as evidenced by a Real Estate Transfer Stamp issued by the Village Clerk’s department.
(c) The requirement of obtaining a Real Estate Transfer Stamp shall be mandatory on all transfers of ownership of or beneficial interest in real estate located within the Village. The requirement shall further be reflected on all real estate title insurance reports conducted prior to the transfer of ownership to give public notice of the mandatory requirement of the Real Estate Transfer Stamp. A certified copy of the ordinance codified in this article shall
be recorded with the Will County Recorder of Deeds, and copies shall be sent to all title insurance companies with notice that a Real Estate Transfer Stamp is required on any transfer of ownership of real estate in the Village.
(d) An application for a Real Estate Transfer Stamp can be secured from the Village Clerk's office by any person owning real estate located within the Village or his/her agent or nominee. The application for a Real Estate Transfer Stamp must be submitted to the Village Clerk during regular business hours not less than three (3) business days prior to any proposed sale, assignment or other transfer for any legal or beneficial interest of such real estate. A Real Estate Transfer Stamp shall be prepared within three (3) business days from receipt of the application.
(1) If the Village Clerk or his/her designee determines that the applicant has complied with all requirements imposed by Chapter 12, Section 1-12-1 of the Village municipal code, providing for a real estate occupancy inspection process prior to the transfer of real estate in the Village, and has paid in full all water charges, grass cutting charges, ambulance charges, property maintenance charges and unpaid judgments as of the most recent billing, and that the owner is not otherwise in debt to the village, the clerk shall issue a Real Estate Transfer Stamp which must be affixed to the original deed or document of transfer in order to transfer property within the Village. The Real Estate Transfer Stamp shall be proof that as of the date of the most recent billing, all water charges, grass cutting charges, ambulance charges, property maintenance charges and unpaid judgments have been paid in full and that the owner is not otherwise in debt to the Village. Any unbilled assessments as of the date of closing shall remain the responsibility of the owner of the real estate. The Real Estate Transfer Stamp shall be
valid for a period of thirty (30) days from the date of issuance. The Village Clerk's office shall keep a record of all Real Estate Transfer Stamps on file in the Village Clerk's office and copies shall be furnished, upon request, to any person having a tenancy interest in the property.
(2) If the Village Clerk or his/her designee determines that the property owner has not complied with the provision of Chapter 12, Section 1-12-1 and/or has not paid in full all water charges, grass cutting charges, property maintenance charges and unpaid fines, judgments or that the owner is otherwise in debt to the Village, no Real Estate Transfer Stamp shall be issued. The applicant will be given a report in a form adopted by the clerk's office which indicates any water charges, grass cutting charges, property maintenance charges and unpaid judgments and/or debts owed by the owner to the village. When, and if, the applicant has paid the debt noted on the report, and/or has complied with the provisions of Chapter 12, Section 1-12-1 of the Village of Monee municipal code, he/she shall reapply for a Real Estate Transfer Stamp.
Section Three
.
Appeal of Refusal To Issue.
(a) waived in his or her particular circumstances.
(b) An appeal to the Village Administrator must be perfected by filing a notice of appeal with the Village Clerk. Such notice of appeal must be filed within ten (10) days from
the date of issuance of the report denying the application for a Real Estate Transfer Stamp. The Village Administrator may grant a variance from the requirements of the code only when the applicant can prove by a preponderance of the evidence that:
(1) Compliance with the requirements of the code will place an extreme hardship on the applicant; or
(2) Physical conditions make compliance impossible.
(c) The Village Administrator shall hold a hearing on the appeal within three (3) days of the filing of the notice of appeal. It shall render a written decision at the close of the hearing or within seven (7) days of the close of the evidence, at the latest.
Section Four. Recording of Ordinance. A certified copy of this Ordinance shall be recorded with the Will County Recorder of Deeds.
Section Five
.
Repealer
. That all Ordinances or parts of Ordinances in conflict herewith are expressly repealed.
Section Six. Savings Clause
. That in the event any portion of this Ordinance is declared to be void, that such other parts or remainder of this Ordinance shall not be adversely effected and shall otherwise remain effective and valid.
Section Seven
.
Adoption Clause
. That this Ordinance shall be in full force and effect from and after its approval, adoption and publication as required by law.
ORDINANCE NUMBER _ ____ _
AN ORDINANCE ESTABLISHING THE ISSUANCE OF A REAL ESTATE TRANSFER PRIOR TO THE TRANSFER OF REAL ESTATE WITHIN THE
VILLAGE OF MONEE, A HOME RULE UNIT OF GOVERNMENT, WILL COUNTY, ILLINOIS
AYES: | NAYS: | ABSTAIN: | ABSENT: | PRESENT: | ||||
Wilson | ||||||||
Rakis | ||||||||
Horne | ||||||||
Gonzalez | ||||||||
Youdris | ||||||||
Henson | ||||||||
PASSED and APPROVED this ____ day of _________________, 2024.
_______________________________
Therese Bogs, Village Mayor
ATTEST: _______________________________
Doneshia Codjoe, Village Clerk