(A) The owner of a building who knows, or from all the facts and circumstances should know, that his or her building is or has become a "vacant building" within the meaning of this chapter after the effective date of this chapter or the owner of a building which the building inspector determines at any time to be a "vacant building", or the owner of a building whose appeal from the building inspector's determination has been denied by the building inspector shall take the actions provided for in this section within fifteen (15) days after either the date of the building inspector's notice of determination or occurrence of the facts which would cause a reasonable person to believe that the building was a "vacant building", or denial of the appeal, whichever is applicable. Registration does not exonerate the owner from compliance with all applicable codes and ordinances, including this chapter, nor does it preclude any of the actions the City of Spring Valley is authorized to take pursuant to this chapter or other Spring Valley statutes.
1. Registration Requirements:
(a) Register the building with the building inspector, on a form provided by the building inspector and pay the two hundred dollar ($200.00) annual nonprorated vacant building registration fee. The form shall include, as a minimum, the name, street address, and telephone number of the owner; the case name and number of any litigation pending concerning or affecting the building, including bankruptcy cases; and the name, street address, and telephone number of all persons with any legal interest in the building or the premises. The form shall require the owner to identify a natural person twenty one (21) years of age or older who maintains a permanent address in Bureau County, Illinois or LaSalle County, Illinois, to accept service on behalf of the owner with respect to any notices the building inspector sends pursuant to this chapter or service of process in any proceeding commenced to enforce any provision of this chapter, and file with the building inspector on the registration form, the name, address, telephone number, of said person. A street address is required. A post office box is not an acceptable address.
(b) Renew the vacant building registration each year on the anniversary date of the first filing for the time the building remains vacant and pay the required two hundred dollar ($200.00) annual fee; and
(c) File an amended registration within fifteen (15) days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever.
2. Notice; Inspection: The form shall require the owner to indicate his or her "acceptance of notice by posting" consenting to service of notices sent or required to be sent, pursuant to this chapter, by posting on the building if the owner fails to renew the registration if required, or maintain as current with the building inspector the information required regarding the person designated to accept notice and service of process.
The owner shall allow for a code compliance inspection of the interior of the vacant building and shall pay the five hundred dollar ($500.00) fee therefor within thirty (30) days of the inspection; provided, however, that for all vacant buildings existing upon the date of the adoption of this chapter the owner shall pay a one hundred fifty dollar ($150.00) inspection fee to the City of Spring Valley within thirty (30) days of inspection. Such inspection will determine the extent of compliance with City of Spring Valley Property, Building Codes, Health, Fire, Water and Sewer Codes. The City of Spring Valley shall send the inspection report to the owner within thirty (30) days.
3. Insurance: Obtain liability insurance and maintain such insurance for as long as the building is vacant, and file evidence of such insurance with the building inspector, as follows: five hundred thousand dollars ($500,000.00) for a vacant residential building of one to three (3) units; seven hundred fifty thousand dollars ($750,000.00) for a vacant residential building of four (4) to eleven (11) units; one million dollars ($1,000,000.00) for a vacant residential building of twelve (12) to forty eight (48) units; two million dollars ($2,000,000.00) for a vacant residential building of more than forty eight (48) units; and one million dollars ($1,000,000.00) for a vacant manufacturing, industrial, storage, or nonresidential commercial building.
4. Vacant Building Plan: At the time a building is registered as required herein, the owner shall submit a vacant building plan. The building inspector may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this chapter, the building inspector may determine the plan. The plan shall contain the following as a minimum:
(a) A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured by any means other than conventional methods used in the design of the building or permitted for new construction or similar type. The proposed repair shall result in openings being secured by conventional methods used in the design of the building or by methods permitted for new construction or similar type with board removed. Boarding shall be accomplished with materials and methods described by the building inspector. The owner shall maintain the building in an enclosed and secure state until the building is reoccupied or made available for immediate occupancy. If the owner demonstrates that securing of the building will provide adequate protection to the public, the building inspector may waive the requirement of an enclosure.
(b) For buildings and premises thereof which are determined by the building inspector as being or constituting a public nuisance, as defined in section 3-12-3 of this chapter, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).
(c) A time schedule identifying a date of commencement of repair and date of completion of repair for each improperly secured opening and nuisance identified by the building inspector.
(d) When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
(e) A plan of action to maintain the building and premises thereof in conformance with this chapter.
(f) A plan of action, with a time schedule, identifying the date the building will be habitable and occupied or offered for occupancy or sale. The time schedule shall include date(s) of commencement and completion of all actions required to achieve habitability. No plan which provides for compliance with this chapter or, which will not, as determined by the building inspector, achieve such compliance, within six (6) months, in the case of a vacant boarded building, and two (2) years, in the case of a vacant, unboarded, and code compliant building will be approved.
(g) All premises upon which unoccupied or vacant buildings are located and the exteriors shall at all times be maintained in compliance with this Code.
(h) Exterior lighting according to standards established by the building inspector and available from the building inspector.
5. Security Guard Service: On written notice of the building inspector, provide bonded, licensed, and insured security guard service at the building between the hours of three o'clock (3:00) P.M. and eight o'clock (8:00) A.M. Such service to remain in place until the building inspector gives written notice that the service is no longer required. Such service shall be required when the building inspector makes a written determination that the vacant building is a fire hazard, is otherwise dangerous to human life or the public welfare, involves illegal or improper use, occupancy, or maintenance, under such conditions that boarding and securing the building are insufficient to prevent the actual or threatened harm.
6. Signage: Affixed to any building which is boarded, no smaller than two feet by two feet (2' x 2') and compliance with the City of Spring Valley's sign regulations and providing the following information: The name, address, and telephone number of the owner, and in addition, for buildings which are the subject of a foreclosure action, the name, address, and telephone number of the plaintiff and the plaintiff's attorney, if any, in the foreclosure action. The sign must be placed so that its message is legible from the public way.
7. Approval Of Plan:
(a) Review Building Plan: The building inspector shall review the proposed vacant building plan in accordance with the standards below. The building inspector shall send notice to the owner of the vacant building of his determination.
(b) Standards For Plan Approval: In considering the appropriateness of a vacant building plan, the building inspector shall include the following in his or her consideration and shall make written findings as to each:
(1) The purposes of this chapter and intent of the City of Spring Valley City Council 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.
8. Authority To Modify Plan, Right Of Appeal: The building inspector 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 chapter he or she deems necessary to protect the public health, safety, or welfare.
9. Failure To Comply With Plan: 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 chapter subjecting the owner of the building to penalties as provided in this chapter and to any remedies the City of Spring Valley may avail itself of as provided for herein or in other Spring Valley ordinances, including, but not limited to, an action to compel correction of property maintenance violations. (Ord. 1648, 11-7-2016)