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A. Review Of Building Plan: The Director shall review the proposed vacant building plan in accordance with the standards below. The Director shall send notice to the owner of the vacant building of his or her determination.
B. Standards For Plan Approval: In considering the appropriateness of a vacant building plan, the Director shall include the following in his or her consideration and shall make written findings as to each:
1. The purposes of this article and intent of the Village Board to minimize the time a building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the condition it is designed to address. (Ord. 15-183, 11-2-2015)
The Director shall, upon notice to the vacant building owner, have the right to modify the vacant building plan by modifying the dates of performance, the proposed methods of action, or by imposing additional requirements consistent with this article he or she deems necessary to protect the public health, safety, or welfare. (Ord. 15-183, 11-2-2015)
Failure to have an approved plan within thirty (30) days of filing the registration form or failure to comply with the approved plan shall constitute a violation of this article subjecting the owner of the building to penalties as provided in this article and to any remedies the Village may avail itself of as provided for herein and elsewhere in this code, including, but not limited to, an action to compel correction of property maintenance violations. (Ord. 15-183, 11-2-2015)
A premises upon which is situated a vacant building for which inspection fees or registration fees imposed pursuant to this article have not been paid in full or which is not otherwise eligible under this article for the Village real estate transfer tax stamps shall not be permitted to acquire same until the fees are paid and/or the eligibility issues are addressed. Unpaid fees shall be a lien upon the property. (Ord. 15-183, 11-2-2015)
It is the policy of the Village that boarding is a temporary solution to prevent unauthorized entry into a vacant building and that boarded buildings are a public nuisance. A vacant building may not remain boarded longer than three (3) months unless an extension of that time is part of a plan approved by the Director.
A vacant building which is otherwise code compliant and secure as determined by the Director on the basis of police reports, citizen complaints, and other information considered reliable by reasonable persons, may not remain vacant for more than two (2) years and must have an approved plan for occupancy, sale, demolition, or other disposition of the building in place within the time frames established in this article, except as otherwise provided for in subsection 7-10-6A4 of this article. (Ord. 15-183, 11-2-2015)
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