It is the finding of the Village Board that buildings which
remain vacant are unsightly, unsafe and have a negative effect on
their surroundings. This is particularly troublesome in residential
and commercial neighborhoods. Unfortunately, many buildings, once
vacant, remain that way for many years. The purpose of this article
is to establish a program for identifying and registering vacant buildings;
to determine the responsibilities of owners of vacant buildings and
structures; and to speed the rehabilitation of the vacant properties.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this article, have the meanings indicated in this
section:
DEFAULT
Where a mortgagor has not complied with the terms of the
mortgage on the property, or the promissory note, or other evidence
of the debt, referred to in the mortgage.
[Added 5-2-2022 by L.L.
No. 8-2022]
EMERGENCY SITUATION
Where the condition of a building, structure, or any part
thereof is an imminent, immediate, and substantial danger to the health
or safety of occupants, emergency responders, and/or the general public.
Such conditions include, but are not limited to, fire hazards, falling
or dilapidated buildings, structures, or any part thereof, loss of
significant water, heat, ventilation, or a lack of sanitary conditions.
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. Such conditions may include, but are not limited to: overgrown
and/or dead vegetation; past-due utility notices and/or disconnected
utilities; accumulation of trash, junk or debris; abandoned vehicles,
auto parts and/or materials; the absence of furnishings and/or personal
items consistent with habitation or occupancy; the presence of an
unsanitary, stagnant swimming pool; the accumulation of newspapers,
circulars, flyers and/or mail; statements by neighbors, passers-by,
delivery agents or government agents; and/or the presence of boards
over doors, windows or other openings in violation of applicable code.
[Added 5-2-2022 by L.L.
No. 8-2022]
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lienholder,
terminates or attempts to terminate a property owner's equitable
right of redemption to obtain legal and equitable title to the real
property pledged as security for a debt or the real property subject
to the lien. The legal process is not concluded until the property
obtained by the mortgagee, lienholder, or their designee, by certificate
of title, or any other means, is sold to a nonrelated bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
[Added 5-2-2022 by L.L.
No. 8-2022]
MORTGAGEE
The creditor, including, but not limited to, trustees; mortgage
servicing companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement; or any other person or entity with the legal right
to foreclose on the real property, excluding governmental entities
as assignee or owner.
[Added 5-2-2022 by L.L.
No. 8-2022]
OWNER
Every person, entity, mortgagee, mortgagor, assignee of rents,
receiver, executor, trustee, lessee or any person or entity who, alone
or severally with others, has legal or equitable title to any real
property as defined by this chapter; has legal care, charge, or control
of any such property; is in possession or control of any such property;
and/or is vested with possession or control of any such property.
The property manager shall not be considered the owner. Any such person
shall have a joint and several obligation for compliance with the
provisions of this article.
[Amended 5-2-2022 by L.L.
No. 8-2022]
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this chapter.
[Added 5-2-2022 by L.L.
No. 8-2022]
REAL PROPERTY
Any residential or commercial land and/or buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the Village limits.
[Added 5-2-2022 by L.L.
No. 8-2022]
REGISTRABLE PROPERTY
Any real property located in the Village, whether vacant
or occupied, that is subject to an ongoing foreclosure action by the
mortgagee or trustee, has been the subject of a foreclosure action
by a mortgagee or trustee and a judgment has been entered, or has
been the subject of a foreclosure sale where the title was transferred
to the beneficiary of a mortgage involved in the foreclosure and any
properties transferred under a deed in lieu of foreclosure/sale. The
designation of a "foreclosure" property as "registrable" shall remain
in place until such time as the property is sold to a nonrelated bona
fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed.
[Added 5-2-2022 by L.L.
No. 8-2022]
REGISTRY
A web-based electronic database of searchable real property
records, used by the Village to allow mortgagees the opportunity to
register properties and pay applicable fees as required in this chapter.
[Added 5-2-2022 by L.L.
No. 8-2022]
SECURE(D) BY NORMAL MEANS
Including, but not limited to, the closure and locking of
windows, doors, gates and other openings of such size that may allow
a child to access the interior of the property or structure. Broken
windows, doors, gates, and other openings of such size that may allow
a child to access the interior of the property or structure must be
repaired. Broken windows shall be secured by reglazing of the window.
[Added 5-2-2022 by L.L.
No. 8-2022]
SEMI-ANNUAL REGISTRATION
Six months from the date of the first action that requires
registration, as determined by the Village, or its designee, and every
subsequent six months the property is registrable. The date of the
initial registration may be different than the date of the first action
that required registration.
[Added 5-2-2022 by L.L.
No. 8-2022]
UNOCCUPIED
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 by an Enforcement Officer. In determining
whether a building is unoccupied, the Enforcement Officer may consider
these factors, among other:
A.
Whether lawful residential or business activity has ceased;
B.
The percentage of the overall square footage of the occupied
to unoccupied space or the overall number of occupied and unoccupied
units;
C.
The building is substantially devoid of contents or the minimal
value of fixtures or personal property in the building;
D.
The building lacks utility services;
E.
The building is subject to a foreclosure action;
G.
The presence or reoccurrence of code violations; and/or
H.
The building is listed or advertised for sale or lease.
UNSECURED
A building or portion of a building which is open to entry
by unauthorized persons without the use of tools or ladders.
UTILITIES AND SERVICES
Any utility and/or service that is essential for a building
to be habitable and/or perform a service necessary to comply with
all Village codes. This includes, but is not limited to, electrical,
gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.
[Added 5-2-2022 by L.L.
No. 8-2022]
VACANT BUILDING
A building or portion of a building which is:
A.
Unoccupied and unsecured;
B.
Unoccupied and secured by other than normal means;
C.
Unoccupied and an unsafe building as determined by an Enforcement
Officer;
D.
Unoccupied and has multiple housing or building code violations;
and/or
Once a year, the Code Enforcement Office shall send to the Village
Board a list of all buildings in the Village declared vacant under
the provisions of this article, as well as a list of all previously
declared vacant buildings which are no longer subject to the provisions
of this article.
Article
III shall apply to penalties for offenses of this article.