Unless otherwise expressly stated or clearly Indicated by the context, the following terms as used in this section shall have the meanings indicated in this section:
BOARDED BUILDING. A building that has, in a manner intended to be temporary or permanent, any or all openings, including windows or doors present for the purpose of light, ventilation or ingress/egress, secured by means other than conventional methods used in the design of a building or permitted for new construction of a similar type by some material, whether opaque, solid or transparent, affixed to such opening, from the interior or exterior of the building, for the purpose of securing or preventing access or damage to the building or its components.
BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.
COMMISSIONER. The Commissioner of Building or the Commissioner's designee.
DANGEROUS BUILDING or STRUCTURE. Any building or structure that is found to pose a danger to the life, health, property or safety of the public by not providing minimum safeguards to protect or warn the public in the event of a fire, or because such structure is in a state of dilapidation, deterioration or decay, is structurally unsafe, is in a state of partial or complete collapse, caused by fire or other means, or is in such a state where systems failures are possible.
OWNER. Any person, agent, operator, firm, corporation or entity having a legal or equitable interest in a vacant building, or recorded in the official records of the slate, county, or municipality as holding title to the same; or otherwise having control of the same, including the guardian of the estate of any such person, and the executor or administer of the estate of such person if ordered to take possession of the same by a court.
PERSON. Includes an individual, corporation, partnership, or any other group acting as a unit.
PREMISES. A lot, plot, or parcel of land, including any structure thereon.
PUBLIC NUISANCE. Includes the following:
(1) The physical condition, or uses of any building, structure or premises regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code;
(2) Any physical condition, use or occupancy of any premises, structure, building or appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(3) Any building which has unsanitary sewerage or plumbing facilities;
(4) Any building designated by the Commissioner as unsafe for human habitation or use;
(5) Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure so as to endanger life, limb or property;
(6) Any building or premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds;
(7) Any dangerous building; or
(8) Any vacant building.
VACANT BUILDING.
(1) A building or portion of a building which is:
(a) Unoccupied (i.e., an Unoccupied Building) and the subject of a mortgage foreclosure action;
(b) Unoccupied and unsecured;
(c) Unoccupied and meeting the BOARDED BUILDING definition of this chapter;
(d) Unoccupied and a dangerous building or structure;
(e) Unoccupied and condemned by the Commissioner pursuant to applicable provisions of his code;
(f) Unoccupied and has multiple code violations;
(g) Unoccupied and the building or premises have been the site of unlawful activity within the previous 90 days;
(h) Unoccupied for over 90 days and during which time the Commissioner 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 two years.
(2) A VACANT BUILDING does not include unoccupied buildings which are actively undergoing construction, renovation, or rehabilitation and which are in compliance with ad applicable ordinances, codes, legislation, and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
(Ord. O-29-16, passed 11-1-16)