A. The owner of a vacant building and a mortgage lender who acquires title to an unoccupied building shall be required to register same with the Code Enforcement Official as prescribed below; and 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 article after the effective date of this article or the owner of a building which the Code Enforcement Official determines at any time to be a vacant building, or the owner of a building whose appeal from the Code Enforcement Official's determination has been denied by the village manager, shall take the actions provided for in this § 9-10-7 within fifteen (15) days after either the date of Code Enforcement Official'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 requirements:
1. Register the building with the Code Enforcement Official, on a form provided by the Code Enforcement Official and pay the two hundred dollar ($200.00) annual non-prorated 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 DuPage County, Illinois to accept service on behalf of the owner with respect to any notices the Code Enforcement Official sends pursuant to this article or service of process in any proceeding commenced to enforce any provision of this article, and file with the Code Enforcement Official 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.
2. 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 article, by posting on the building if the owner fails to renew the registration if required, or maintain as current with the Code Enforcement Official the information required regarding the person designated to accept notice and service of process.
B. The owner shall 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 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. The Federal Housing Financing Authority shall be exempt from paying the fee, but shall comply with all other registration requirements.
C. Registration does not exonerate the owner from compliance with all applicable codes and ordinances, including this article, nor does it preclude any of the actions the village is authorized to take pursuant to this article or elsewhere in the Village Code.
D. Inspection: The village shall conduct a comprehensive code-compliance inspection of the interior of the vacant building and the owner shall pay a five hundred dollar ($500.00) fee to the village to defray the village's cost of same within thirty (30) days of the inspection. Such inspection will determine the extent of compliance with village property maintenance, building, health, water, sewer and fire codes. The village shall send the inspection report to the owner within thirty (30) days. Periodic re-inspections shall take place, as necessary, until code compliance is achieved. Timely code compliance is required.
E. Vacant Building Plan: At the time a building is registered as required herein, the owner shall submit a vacant building plan. The Code Enforcement Official may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this article, the Code Enforcement Official may determine the plan. The plan shall contain the following as a minimum:
1. A plan of action to repair any doors, windows, or other openings which are boarded up or otherwise secured or covered 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 of similar type with board removed. Boarding shall be accomplished with materials and methods described by the Code Enforcement Official and available from the Code Enforcement Official. The owner shall maintain the building in an enclosed and secure state until the building is re-occupied or made available for immediate occupancy. If the owner demonstrates that securing of the building will provide adequate protection to the public, the Code Enforcement Official may waive the requirement of an enclosure.
2. For buildings and/or premises which are determined by the Code Enforcement Official as being or containing public nuisances, as defined in § 9-10-3, then the vacant building/premises plan shall contain a plan of action to remedy such public nuisance(s).
3. 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 Code Enforcement Official.
4. When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
5. A plan of action to maintain the building and/or premises thereof in conformance with this article.
6. 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 fails to provide for compliance with this article or, which will not, as determined by the Code Enforcement Official, achieve such compliance, within three (3) months, in the case of a vacant boarded building, and two (2) years, in the case of a vacant, unbounded, and code-compliant building will be approved, except that the Code Enforcement Official may approve an extension of the time during which the building will be unoccupied beyond two (2) years to a date certain but then only based upon clear and documented evidence of good cause shown by the owner as determined by the Code Enforcement Official.
F. All premises upon which unoccupied or vacant buildings, are located and the exteriors shall at all times be maintained in compliance with the Village Code.
G. Exterior lighting shall be maintained according to standards established by the Code Enforcement Official and available from the Code Enforcement Official.
H. All ground floor windows facing street frontage, including, but not limited to, all display windows in unoccupied or vacant commercial buildings shall be kept in a well maintained and clean condition and shall be covered on the interior side in a professionally finished manner with an opaque window covering material manufactured for that purpose and approved by the Code Enforcement Official, or in the case of display windows, such windows shall be kept in a well maintained and clean condition and the display area shall be enclosed with a professionally finished backdrop, floor, side walls and ceiling all of which shall be kept in a well maintained and clean condition and shall be well lighted from 10:00 a.m. to 10:00 p.m. each day. Photographs, paintings and other works of art or other tasteful forms of decoration may be professionally displayed in these properly enclosed clear glass display windows. If opaque window covering material is used, a one-inch by one-inch clear glass opening through which the interior space is clearly visible shall be maintained at standing eye level along one (1) edge of one (1) such window.
I. Security: On written notice of the Code Enforcement Official, the owner shall provide bonded, licensed, and insured security guard service at the building between the hours of 3:00 p.m. and 8:00 a.m. Such service shall remain in place until the Code Enforcement Official gives written notice that the service is no longer required. Such service shall be required when the Code Enforcement Official makes a written determination that the vacant building constitutes a fire hazard, is otherwise dangerous to human life or the public welfare, or involves illegal or improper use, occupancy, or maintenance, under such conditions that securing the building is insufficient to prevent the actual or threatened harm. (Ord. 2019-08-20, 8-15-2019)