A. The owner of a vacant commercial building shall register with the Village Clerk’s office no later than thirty (30) days after any building becomes a “vacant building.” The obligation to register a building as a vacant building shall be on the owner of the building. The Village may give notice to an owner requiring registration as indicated, but the obligation to register rests with the owner whether or not the owner receives any notice. An enforcement officer may identify vacant commercial buildings through a routine inspection process.
B. A notice to register issued by the Village Clerk or an enforcement officer shall be served either in person or by first class mail to the owner of record and any registered property manager, if known. If the notice is served by first class mail, the notice shall be sent to the owner’s and manager’s last known address and the date of mailing shall be the date of service. The notice to register may also include information outlining programs available which may be useful to implement a rehabilitation plan.
C. The registration shall be submitted on forms provided by the Village Clerk’s office and shall include the following information:
1. A description of the premises, including square footage, number of stories, age of the building, and most recent use of the building;
2. The name, street address, and telephone numbers of the owner or owners;
3. The name, street address, and telephone number of any registered property manager, or if none, another responsible person who can be reached and respond if an emergency situation arises;
4. The name and street address of all known lien holders of record, and all other parties with an ownership interest in the building;
5. A vacant building plan as described in subsection (D) below.
D. The owner shall submit a vacant building plan, which must be approved by the Zoning Enforcement Officer or his designee. The plan shall contain a statement as to which of the following three options for the property the owner has chosen for the property, as well as the accompanying information.
1. Building to be demolished. If the building is to be demolished, the owner shall provide a demolition plan indicating the proposed time frame for completion of the demolition.
2. Building to remain vacant. If the building is to continue to be vacant, the owner shall provide a plan for securing the building, along with the procedure for maintaining the building and property. The owner shall also provide a statement as to the reason(s) why the building will continue to be vacant.
3. Building to be rehabilitated. If the building is to be returned to appropriate occupancy or use, the owner shall provide a plan for rehabilitating the building. The rehabilitation plan shall provide for completion of the rehabilitation within a reasonable period commensurate with the condition of the building from the date of submission of the plan and will include a plan progress review every four (4) months. Any repairs, improvements, or alterations to the property must comply with all applicable village codes, including but not limited to zoning and building codes. A plan progress review may be extended by the Zoning Enforcement Officer, or his designee, but only for good cause shown and upon receipt of a written statement from the owner detailing the reasons for the requested extension.
E. The owner shall comply with all applicable laws and codes in meeting the obligations under the plan chosen. The owner shall notify the Village Clerk’s office of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions shall be in writing and must meet the approval of the Building Enforcement Officer or his designee.
F. The owner and any subsequent owner shall keep the building secured and safe and the building and property properly maintained, according to all applicable codes.
G. Failure of the owner or any subsequent owner to meet the obligations of the plan or maintain the building and property as required herein or by other Village codes shall be grounds for the Village to pursue any and all violations and to impose the fees provided in this chapter and any applicable penalties provided in the Village code against the owner.
H. Any new owner shall register or re-register the vacant building with the Village Clerk’s office within thirty (30) days of any transfer of an ownership interest in a vacant building. The new owner shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Zoning Enforcement Officer.
I Registration Fees and Insurance.
1. The owner of a vacant commercial building shall pay an annual registration fee of $250.00. The registration fee is due and payable upon registration. The annual registration fee is due and payable on each anniversary thereafter until the building is demolished or rehabilitated. In the event the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the annual registration fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such annual registration fee.
2. The owner of a vacant commercial building shall be required to show proof of insurance showing liability limits for the property. A copy of the certificate of insurance shall be attached to the registration form.
3. If owner has submitted a rehabilitation plan in accordance with Section 4-1-3(D)(3) and the owner has obtained and maintained permits for repairs to the building and is making progress on such repairs, the annual registration fee shall be held in abeyance. In the event that the permits expire or the owner is not making progress as outlined in the rehabilitation plan, the owner shall pay such annual registration fee.
4. If the owner of a vacant building fails to register, pay the fees, and maintain the required insurance, the owner shall be subject to the penalties set forth in this chapter.
5. All fees shall be paid by the owner prior to any transfer of an ownership interest in any vacant building. The fees will be disclosed by the seller to the buyer prior to the sale. If the fees are not paid prior to any transfer, the new owner will pay the annual fee no later than 30 days after the transfer of ownership, and the subsequent annual fees will be due on the new anniversary date. If the building is no longer subject to the provisions of this Chapter within such 30-day period, the new owner will not be required to pay the annual fee.
6. Any owner who fails to pay an annual registration fee when due shall be charged a late fee of $25.00 per month or any part thereof for which payment received within 30 days from the date of the demand for payment or an invoice. (Ord. 24-02, 2-6-2024)