CHAPTER 155: VACANT BUILDINGS AND PROPERTY

Section

   155.01   Purpose

   155.02   Definitions

   155.03   Enforcement authority

   155.04   Determination of vacant building

   155.05   Appeal of determination

   155.06   Registration of vacant buildings

   155.07   Vacant building maintenance standards; exceptions

   155.08   Vacant land maintenance

   155.09   Vacant building registration certificate renewal; waiver

   155.10   Other enforcement

   155.11   Responsible parties

   155.99   Penalty

§ 155.01 PURPOSE.

   The purpose of this chapter is to establish a program for the identification, registration, and regulation of vacant buildings within the village, to provide a means of effective communication between the village and owners of vacant buildings, and to facilitate the administration and enforcement of property regulations relative to vacant buildings, including prevention and abatement of public nuisances, and the imposition of penalties for violations.

(Ord. 21-03, passed 4-26-21)

§ 155.02 DEFINITIONS.

   For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   ADMINISTRATOR. The Village Administrator or his or her duly appointed designee.

   AUTHORIZED AGENT. An individual, 21 years of age or older, and who either resides in or maintains an office within Will County, Illinois, designated by an owner as the AUTHORIZED AGENT for receiving any notices sent pursuant to this chapter, and notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this chapter.

   BUILDING. Any structure occupied or intended for supporting or sheltering any occupancy.

   OWNER. Any person, agent, operator, firm, or corporation having legal or equitable interest in the property; or recorded in the official records of the state, county, or village 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 the property by a court.

   PREMISES. A lot, plot or parcel of land, including any structure thereon.

   RESPONSIBLE PARTY. Owners, tenants, occupiers, property managers and lessees of a building.

   VACANT BUILDING.

      (1)   A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful residential or business activity has ceased, or which is substantially devoid of contents.

      (2)   In determining the vacancy status of a building, the Administrator may consider these factors, among others:

         (a)   The condition and value of fixtures or personal property in the building;

         (b)   The building lacks utility services, i.e., water, sewer, electric or natural gas;

         (c)   The building is subject to a mortgage foreclosure action;

         (d)   The building is not actively for sale as part of a contractual agreement to sell the building. This may be determined from the lack of any signage on the property listing the property "for sale" or "for rent";

         (e)   The presence or recurrence of uncorrected code violations;

         (f)   The building is unsecured, meaning the building is not secured by boarding or similar means, and/or the doors or windows have not been locked or are broken permitting entry.

      (3)   VACANT BUILDING shall not include any building that is undergoing construction, renovation, or rehabilitation and that is otherwise in compliance with all applicable ordinances, codes, legislation and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.

   VACANT BUILDING MAINTENANCE STANDARDS. The standards to which vacant structures are subject under this chapter.

   VACANT BUILDING REGISTRATION CERTIFICATE. The document issued by the village as set forth in this chapter, for structures meeting the definition of a vacant building.

(Ord. 21-03, passed 4-26-21; Am. Ord. 21-15, passed )

§ 155.03 ENFORCEMENT AUTHORITY.

   The Administrator is authorized to administer and enforce the provisions of this chapter. The Administrator may delegate his or her powers and duties under this chapter to an appropriate enforcement officer, inspector or other designee. The Administrator, or his or her designee, is further authorized to issue rules and regulations for the administration of this chapter. The Administrator may schedule inspections or reinspections of any registered or suspected vacant buildings.

(Ord. 21-03, passed 4-26-21)