For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Any word or phrase not defined below shall, if applicable, be given the definition which appears in the Zoning Code of the City of Wood River, as presently enacted or hereafter amended:
ABANDONED REAL PROPERTY. Any real property in the City of Wood River that is vacant, as defined herein, or shows evidence of vacancy, or is the subject of a lis pendens or notice of default and/or notice of Sheriff’s sale, or a foreclosure sale where title was retained by the mortgagee in the foreclosure or has been transferred under a deed in lieu of foreclosure or sale to the mortgagee.
BUILDING (STRUCTURE). Any physical edifice that is built or installed and is located on and affixed to the land and used for or intended for supporting or sheltering any use or occupancy. The terms BUILDING and STRUCTURE, as used in this chapter, shall be synonymous and shall include any portion thereof.
CITY. The City of Wood River, Illinois.
CODE ENFORCEMENT OFFICER OR INSPECTOR. Any authorized agent or employee of the City of Wood River whose duty it is to ensure code compliance.
DANGEROUS OR UNSAFE BUILDING. All buildings or structures that are found to pose a danger to the general welfare, economic welfare, life, health, property, or safety of the public by failing to provide minimum safeguards and which may cause or aid in the spread of disease or cause injury to emergency personnel, or to neighboring buildings, occupants, invitees or passersby, or because the building contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty or incomplete construction or unstable, that partial or complete collapse or systems failure is possible.
DAYS. Consecutive calendar days, including weekends and holidays.
DEED IN LIEU OF FORECLOSURE AND/OR SALE. A recorded document that transfers ownership of a property to the mortgage lienholder upon consent of the borrower. This definition also applies to a transfer of title carried out in a consent foreclosure.
DEFAULT. The failure to fulfill a contractual obligation for which a mortgagee, lender or trustor files, or has the ability to file a foreclosure action or public notice of default on the mortgage.
DEPARTMENT. The Department of Building and Zoning.
DIRECTOR. The Administrator of the city's Department of Building and Zoning, or his or her designee.
EVIDENCE OF VACANCY. Any condition that, on its own or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Whether a reasonable person would find evidence of vacancy is to be determined within the sole discretion of the Director or City Manager. Such conditions may include, but are not limited to, overgrown and/or dead vegetation; electricity/water/other utilities turned off; accumulation of trash, junk, or debris; abandoned vehicles or
parts thereof; statements by neighbors/passersby/delivery agents or government agents; lack of response to notice; returned or forwarded mail; unsecured doors; absence of, or condition of, personal belongings on the property; absence of furnishings or personal items consistent with habitation or occupancy; the presence of boards over doors, windows, or other openings; habitation by vagrants/transients/trespassers; lack of current occupancy permit and/or business registration filed with the City of Wood River; lack of active water service/usage account with the City of Wood River; and the like.
FORECLOSING OR FORECLOSURE PROCEEDINGS. The process by which a property, placed as security for a real estate loan, upon which a notice of default, notice of foreclosure or a lis pendens has been issued or filed by a lender, mortgagee, or beneficiary of any deed of trust.
FORECLOSURE. The judicial process by which a property, placed as security for a real estate loan, through a judicial process, is ultimately to be sold at an auction/Sheriff’s sale to satisfy the debt upon which the borrower has defaulted.
LIEN. The legal claim of the city upon the property of another to secure the payment of a debt or the performance of a legal obligation.
MORTGAGEE. The creditor, including, but not limited to, service companies, banks, lenders, seller under an installment contract, articles of deed, articles of agreement for deed, or other such similar agreement, or other such financial entities in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee's rights, interests, or obligations under the mortgage contractual agreement.
NUISANCE PROPERTY. Any property, whether residential or commercial, which has remained vacant more than 24 months from the original issuance of a notice of determination or any property placed on the vacant property registry, and remaining there placed.
OWNER. Without limitation, every person, agent, operator, firm, corporation, entity, or service company, who alone or jointly or severally with others, and with or without the right of possession:
(1) Has the legal or equitable title to, or having control of, any building, dwelling, dwelling unit, land or structure; or
(2) Has care, charge, or control of any building, dwelling, dwelling unit, building, land or structure, in any capacity, including, but not limited to agent, executor, administrator, trustee, or guardian of the estate of the holder of legal title pursuant to a court order, trust agreement or other such similar agreement; or
(3) Is a mortgagee which under the terms of a mortgage has a contractual responsibility for the property; or pursuant to a provision in the mortgage agreement, the mortgagee is authorized to act to secure or repair the property under any circumstance or where mortgagor no longer takes responsibility for the property; or is a mortgagee in possession of any such property; or is a mortgagee that has instituted foreclosure proceedings against the mortgagor; or
(4) Is an officer, member of a board of managers, or trustee of the association of unit owners of a condominium or townhouse complex with direct control over the property pursuant to applicable state law, declaration and/or bylaws; or
(5) Is an agent, trustee, or other person appointed by the courts and vested with possession or control of any property; or
(6) Is a party under an installment contract, articles of agreement for deed, articles of deed or any other similar agreement.
PARCEL. A unit of land that is created by a partitioning of land.
PERSON. Any natural individual, corporation, partnership, limited liability company or any such entities.
PREMISES. A lot, plot or parcel of land including any structures thereon.
PROPERTY. Any real estate, whether residential or commercial, located in the City of Wood River.
PUBLIC NUISANCE. Shall include the following:
(1) Any physical condition or use of a premises that is regarded as a public nuisance at common law under the Illinois Compiled Statutes or under city ordinances; or
(2) Any physical condition, use or occupancy of any premises or its appurtenances that is considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, swimming pools and unsafe and/or unsecured fences or structures; or
(3) Any building that has unsanitary sewage or plumbing facilities; or
(4) Any building designated by a code enforcement officer or inspector as unsafe for human habitation or use; or
(5) Any building that constitutes a fire hazard, or is unsafe or unsecured to a degree that it endangers life, limb, or property; or
(6) Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth or weeds; or
(7) Any building that is in a state of dilapidation, deterioration, or decay; or improperly constructed; or unsecured; or vacant and boarded; or damaged by fire to the extent that it no longer provides shelter; or in danger of collapse or structural failure; or dangerous to anyone on or near the premises; or
(8) Any premises that contains evidence of unlawful activity to a degree that such activity may endanger, threaten, or otherwise negatively impact the users, adjacent properties and/or the value of adjacent premises; or
(9) Any building deemed to be a "dangerous or unsafe building" under this chapter.
REGISTRATION STATEMENT OF INTENT. The form that is to be completed by the owner of a vacant structure and/or responsible parties, which contains specific information regarding the structure and the owners'/responsible parties’ plans for its rehabilitation, maintenance, sale, demolition, or removal.
RESPONSIBLE PARTY. Any and all owners, as defined above, tenants, occupiers, property managers, and lessees of any building, whether residential or commercial, alone or jointly or severally.
SEMI-ANNUALLY. Occurring every six months.
UNOCCUPIED BUILDING. A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, including buildings ordered vacated relating to code violations,
VACANT. A structure that shows evidence of vacancy, as defined herein, and/or is lacking the habitual presence of human beings who have a legal right to be on the premises, for 180 consecutive days; or which substantially all lawful business or construction activity or residential occupancy has ceased; or which is substantially devoid of contents. For purposes of this chapter, multi-unit residential property containing four or more dwelling units shall be considered vacant when 90% or more of the dwelling units are unoccupied. For non-residential property, such property shall be considered VACANT for purposes of this chapter if business operations are conducted daily on less than 10% of the overall square footage of the building.
(Ord. 24-10, passed 3-18-2024; Ord. 24-12, passed 4-1-2024)