A. The director shall evaluate all buildings in the village appearing to be unoccupied buildings and make a determination for each as to whether the building is a "vacant building" within the meaning of this chapter. Using the exemptions provided in such definition, the director may determine that a building is not a vacant building to be regulated under this chapter for a stated period, if upon consideration of reliable, substantiated and sufficient evidence, the director determines that regulation of the building under this chapter would not serve the public health, welfare, and safety and makes written findings in support of this decision. The determination shall be in writing and shall state the factual basis for the determination.
B. Within fifteen (15) days after the director determines any building to be a vacant building, the director shall serve notice of his written determination and factual findings upon the owner and any mortgagees holding liens of record against the premises. Notice given to the owner shall be served in the manner required by subsection 4-7-4F of this chapter. Failure of delivery shall not excuse a person from complying with this chapter. 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. The director shall also furnish notice to each mortgage lienholder by first class United States mail, with proper postage prepaid, certified mail, return receipt requested, at the last address furnished for such purpose by the mortgage lienholder to the village, or if such address has not been furnished, then notice mailed to the person or persons in whose name the premises were last assessed on the Lake County tax roll shall be sufficient notice to the lienholder. The director shall maintain an affidavit of such mailing for each notice of determination sent.
C. The notice shall:
1. Specify a date and time on which the director requests to conduct a code compliance inspection of the vacant building and surrounding land to determine the extent of compliance with applicable property maintenance, building, health, fire, and plumbing codes.
2. Contain a statement of the obligations of the owner to register the vacant building and submit an action plan, a copy of the registration form the owner is required to file pursuant to section 4-7-7 of this chapter, and a notice of the owner's right to appeal the director's determination to the village president; and
3. Include a statement that the owner has the right to withhold his or her consent to the inspection and require the village to attempt to obtain a warrant to conduct the inspection.
D. The fees payable to the village for code compliance inspections and reinspections, as set forth from time to time in the annual fee schedule, will be the responsibility of the owner. Such unpaid costs and fees, if not paid within thirty (30) days after demand by the village, shall constitute a lien upon the premises in favor of the village. (Ord. 14-02-02, 2-4-2014)