(A) The Director is authorized to administer and enforce the provisions of this chapter, including, but, not limited to, maintaining lists setting forth the status of vacant structures. The Director may delegate the Director's power and duties under this chapter to an appropriate designee or inspector as the Director's designee.
(B) The Director, or designee, shall evaluate all buildings within the city limits which are believed to be unoccupied and make a determination for each as to whether the building is vacant as defined in this chapter. In making the determination as to whether a structure is vacant for purposes of this chapter, the Director shall also consider other factors, including, without limitation, the presence of rental or for sale signs on the property; whether there has been any construction or legal repairs within the preceding six months; whether windows and/or doors are broken, boarded up, removed, or unhinged; the status of utility services; and/or police activity for trespassers, vandalism or other illegal acts being committed at the property within the preceding six months, For purposes of non-residential property, such structures may be deemed vacant where the business operations are conducted daily on less than 10% of the total square footage of the building, or where all lawful business has ceased for at least six months,
(C) For buildings the Director has designated as vacant, a notice of determination shall be sent to all owners and responsible parties requiring the registration of the vacant building. The notice of determination shall be mailed via first class United States mail to the last known address based on mailing information found in public records, including, without limitation, information in the most recent Madison County's tax roll or information kept in the records of the Illinois Secretary of State. Failure of delivery shall not excuse a person from complying with this chapter. The Director may also 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. Proof of service shall be kept in the records prepared in the normal course of the Department's duties.
(D) 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, is eligible for citation pursuant to the Nuisance Code and penalties provided for therein,
(Ord. 24-10, passed 3-18-2024; Ord. 24-12, passed 4-1-2024)