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Oak Park Overview
Oak Park, IL Code of Ordinances
THE CODE OF THE VILLAGE OF OAK PARK, ILLINOIS
PREFACE TO OAK PARK CODE
PREAMBLE
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
CHAPTER 1 GENERAL PROVISIONS
CHAPTER 2 ADMINISTRATION
CHAPTER 3 ALCOHOLIC LIQUOR DEALERS
CHAPTER 4 AMBULANCES
CHAPTER 5 ANIMALS
CHAPTER 6 AUCTIONS
CHAPTER 7 BUILDINGS
CHAPTER 8 BUSINESS LICENSING
CHAPTER 9 FIRE DEPARTMENT
CHAPTER 10 RESERVED
CHAPTER 11 GAMBLING
CHAPTER 12 HOUSING
CHAPTER 13 HUMAN RIGHTS
CHAPTER 14 LIBRARY
CHAPTER 15 MOTOR VEHICLES AND TRAFFIC
CHAPTER 15A NEWSPAPERS AND NEWSPAPER STANDS
CHAPTER 16 NUISANCES
CHAPTER 17 OFFENSES
CHAPTER 18 PEDDLERS AND SOLICITORS
CHAPTER 19 POLICE DEPARTMENT
CHAPTER 20 PUBLIC HEALTH
CHAPTER 21 SMOKE ABATEMENT AND AIR POLLUTION CONTROL
CHAPTER 22 STREETS AND SIDEWALKS
CHAPTER 23 SUBDIVISIONS
CHAPTER 23A TAXES
CHAPTER 24 TAXICABS
CHAPTER 25 TREES, SHRUBS AND OTHER PLANTS
CHAPTER 26 WATER
CHAPTER 27 WEAPONS
CHAPTER 28 WEIGHTS AND MEASURES
CHAPTER 29 ADMINISTRATIVE ADJUDICATION
CHAPTER 30 SPECIAL EVENTS
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7-9-19: ENFORCEMENT AND PENALTIES FOR VIOLATION:
   A.   It shall be unlawful for any person to alter, relocate, remove or demolish any historic landmark or to do construction work on, relocate, remove or demolish any building, structure or improvement within an historic district, or attempt to take any of these actions without complying with the provisions of this Article. Persons violating any provision of this Article other than mandatory advisory review shall also be subject to the institution of proceedings by the Village to prevent, restrain, abate or correct such violations of this Article, including restoration of the building or structure and its site to its appearance prior to the violation if such appearance is integral to the significance of the site or structure as determined by the Commission. Any action to enforce this Section shall be brought by the Village Attorney, the Village Attorney's designee or by designated representatives of the Village Manager. This civil remedy shall be in addition to and not in lieu of any criminal prosecution and penalty contained in this Section.
   B.   If construction, alteration, relocation, removal or demolition of an eligible or designated historic landmark or of any building, structure or improvement, located in a designated historic district occurs without a permit or without proper authorization as set forth in this Article, then the Village may seek to revoke the license of the company, individual, principal owner, or its or his/her successors' interest in performing such construction, alteration, relocation, removal or demolition for a period of one year.
   C.   If demolition of an historic landmark occurs without a permit, the person causing such demolition shall, upon conviction, be guilty of a misdemeanor offense punishable by incarceration in the County jail for a term not to exceed six (6) months.
   D.   Any person violating any provision of this Article shall, upon conviction, be punished by a fine not to exceed five hundred dollars ($500.00). Each day during which any violation hereof is committed shall constitute a separate offense. (Ord. 1999-0-7, 3-15-99; amd. Ord. 22-8, 2-7-2022)
7-9-20: JUDICIAL REVIEW OF FINAL DECISION:
Any final decisions rendered by the Village Board under this Article shall be subject to judicial review pursuant to the provisions of the Administrative Review Law, 735 Illinois Compiled Statutes 5/3-101 et seq., as amended, and rules adopted pursuant thereto. (Ord. 1999-0-7, 3-15-99; amd. Ord. 22-8, 2-7-2022)
ARTICLE 10
VACANT BUILDINGS
SECTION:
7-10-1: Declaration Of Policy
7-10-2: Other Ordinances
7-10-3: Definitions
7-10-4: "Vacant Building" Determination
7-10-5: Appeal Of Director's Determination Of "Vacant Buildings"
7-10-6: Obligation To Register Vacant Buildings And Unoccupied Buildings Acquired Through Mortgage Foreclosure
7-10-7: Approval Of Plan
7-10-8: Authority To Modify Plan, Right To Appeal
7-10-9: Failure To Comply With Plan
7-10-10: Other Enforcement
7-10-11: Real Estate Transfer Stamps
7-10-12: Certification
7-10-13: Time Restrictions; Vacant Buildings
7-10-14: Enforcement And Penalties
7-10-1: DECLARATION OF POLICY:
The purpose of this article is to protect the public health, safety, and welfare by enactment of this article which:
   A.   Establishes a program for identification, registration, and regulation of buildings which are or become "vacant" as defined herein on and after the effective date of this article;
   B.   Determines the responsibilities of owners of vacant buildings; and
   C.   Provides for administration, enforcement, including abatement of public nuisances, and imposition of penalties.
This article shall be liberally construed to affect its purposes. (Ord. 15-183, 11-2-2015)
7-10-2: OTHER ORDINANCES:
This article shall not be construed to prevent the enforcement of other applicable ordinances, codes, legislation, and regulations which prescribe standards other than are provided herein, and in the event of conflict, the most restrictive shall apply. (Ord. 15-183, 11-2-2015)
7-10-3: DEFINITIONS:
Unless otherwise expressly stated or clearly indicated by the context, the following terms shall, for the purpose of this article, have the meanings indicated in this section:
BUILDING: Any structure occupied or intended for supporting or sheltering any occupancy.
DANGEROUS BUILDING: A structure defined as "unsafe" in article 13 of this chapter, as it may be amended. Such buildings are public nuisances.
DIRECTOR: The Director of the Development Customer Services Department or the Director's designee.
OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON: Includes a corporation, a partnership, or other entity as well as an individual.
PREMISES: A lot, plot or parcel of land including any structure thereon.
PUBLIC NUISANCE: Includes the following:
   A.   The physical condition, or uses of any premises regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code; or
   B.   Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures; or
   C.   Any building which has unsanitary sewerage or plumbing facilities; or
   D.   Any building designated by the Director as unsafe for human habitation or use; or
   E.   Any building which constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life, limb or property; or
   F.   Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or
   G.   Any building that is: dangerous; in a state of dilapidation, deterioration or decay; improperly constructed; unsecured; vacant with the doors, windows, or other openings boarded up or secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type; damaged by fire to the extent that it no longer provides shelter; in danger of collapse or structural failure; and dangerous to anyone on or near the premises; or
   H.   Any building defined as a "dangerous" or "unsafe structure" by article 13 of this chapter, as it may be amended.
SECURED BUILDING: A building which has had, in a manner intended to be temporary or permanent, any or all openings, which openings are windows or doors which were present for the purpose of light, ventilation or egress, some material whether opaque, solid or transparent, affixed to such openings, from the interior or exterior of the building, for the purpose of securing or preventing access or damage to the building or its components.
UNOCCUPIED BUILDING: A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated by the Director pursuant to authority granted to him by this code.
In determining whether a building is "unoccupied", the Director may consider these factors, among others:
   A.   A building at which substantially all lawful residential or business activity has ceased.
   B.   The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units shall be considered.
   C.   The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination.
   D.   The building lacks utility services, i.e., water, sewer, electric or natural gas.
   E.   The building is the subject of a foreclosure action.
   F.   The building is not actively for sale as part of a contractual agreement to sell the building.
   G.   The presence or recurrence of uncorrected code violations.
UNSECURED BUILDING: A building that is not secured as defined herein at which any or all openings are locked, including windows or doors.
VACANT BUILDING: A building or portion of a building which is:
   A.   Unoccupied and unsecured; or
   B.   Unoccupied and secured by boarding or other similar means for more than three (3) months; or
   C.   Unoccupied and a dangerous structure; or
   D.   Declared unsafe for occupancy by the Director pursuant to applicable provisions of this code; or
   E.   Unoccupied and containing multiple Village Code violations; or
   F.   Unoccupied with the building or its premises having been used for unlawful activity at any time while unoccupied or at any time during the previous six (6) months whether occupied or not; or
   G.   Declared unsafe for occupancy by the Director and unlawfully occupied; or
   H.   Unoccupied for over three (3) months and during which time the Director has issued an order to correct public nuisance conditions and same have not been corrected in a code compliant manner; or
   I.   Unoccupied for over six (6) months.
But not including:
Unoccupied buildings which are undergoing construction, renovation, or rehabilitation and which are in compliance with all applicable ordinances, codes, legislation, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion. (Ord. 15-183, 11-2-2015)
7-10-4: "VACANT BUILDING" DETERMINATION:
   A.   Within sixty (60) days after the effective date of this article, the Director shall evaluate all buildings in the Village which he or she believes to be unoccupied on or after the effective date of this article and make a determination for each as to whether the building is a "vacant building" within the meaning of section 7-10-3 of this article. The Director may determine that a building which meets any of the criteria set forth in the definition of "vacant building" in section 7-10-3 of this article is not to be regulated under this article for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, he or she determines that the circumstances which give rise to the building being eligible for regulation hereunder are clearly temporary in nature and are either in the process of being addressed or will soon be addressed by the owner and that therefore regulation of the building under this article would not serve the public health, welfare, and safety and makes written findings in support of his or her decision. The determination shall be in writing and shall state the factual basis for the determination. For buildings the Director determines to be "vacant buildings", he or she shall, within seven (7) days of making that determination, send notice of his/her written determination with the factual findings to the name and address of the last taxpayer of record for such parcel listed on the most recent Cook County tax roll. Said notice of determination shall be sent first class United States mail, with proper postage prepaid. Failure of delivery shall not excuse a person from complying with this article. The Director may personally serve or cause personal service of the notice of determination. Any person making such service shall execute an affidavit attesting to the facts of service. The Director shall maintain an affidavit of such mailing for each notice of determination sent.
   B.   The Director shall cause a comprehensive inspection of the interior of all "vacant buildings" to determine compliance with Village property maintenance, building, health, fire, water and sewer codes.
   C.   The notice of determination shall set a tentative date and time for the code compliance inspection of the interior of the vacant building to determine the extent of compliance with Village property maintenance, building, health, fire, water and sewer codes. After receipt of the notice of determination, if the owner does not appeal the determination, the owner shall either confirm the tentative date for the inspection or shall schedule a new date and time for same. If the owner fails to confirm the tentative date and time for the inspection or refuses to schedule or permit the inspection it shall be the responsibility of the Village to obtain an administrative search warrant to accomplish the inspection.
   D.   The Village shall charge the owner a fee of five hundred dollars ($500.00) to offset the cost to the Village of said inspection. The owner shall pay the inspection fee to the Village within thirty (30) days of receipt of the bill for same.
   E.   Village real estate transfer stamps will not be issued by the Village for the sale of such property until such inspection has taken place and the fee therefor has been paid and, if necessary, an administrative search warrant for same has been timely obtained. Such stamps shall be issued if the Village is required to obtain an administrative search warrant and fails to obtain same in a timely manner.
   F.   The notice of determination shall contain a statement of the obligations of the owner of a building determined to be a vacant building, a copy of the registration form the owner is required to file pursuant to section 7-10-6 of this article, and a notice of the owner's right to appeal the Director's determination. (Ord. 15-183, 11-2-2015)
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