[Adopted 9-25-2019 by Ord. No. 19-044]
[1]
Editor's Note: Former Part 18, Solar Energy Code, adopted
6-10-2009 by Ord. No. 09-038, was repealed 12-13-2017 by Ord. No.
17-068.
That the above recitals[1] are hereby declared to be true and correct and findings of the Village Board of the Village of Homer Glen and are incorporated herein as if set forth in this § 75-48.
[1]
Editor's Note: Refer to the preamble of Ord. No. 19-044.
The purpose of this part is to establish a process to address
the deterioration, crime, and decline in value of Village neighborhoods
caused by property with defaulted mortgages located within the Village
of Homer Glen, and to identify, regulate, limit and reduce the number
of these properties located within the Village of Homer Glen. Structures
owned by individuals who are economically strained and unable to meet
their mortgage obligations are often not properly or diligently maintained,
which contribute to blight, declined property values, and have a negative
impact on social perception of the residential areas where they are
located. It is the Village's further intent to establish a registration
program as a mechanism to help protect neighborhoods from declining
property values due to the lack of adequate maintenance of properties
that are in default or defaulted.
Unless otherwise expressly stated or clearly indicated by the
context, the following terms shall, for the purpose of this part,
have the meanings indicated in this section:
That the 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.
Any building official, building inspector, code compliance
officer, law enforcement officer, fire inspector, or other person
authorized by the Village of Homer Glen to enforce the applicable
code(s).
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,
flyers and/or mail; statements by neighbors, passersby, delivery agents
or government agents; and/or the presence of boards over doors, windows
or other openings in violation of applicable code.
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 non-related bona fide purchaser
in an arm's length transaction to satisfy the debt or lien.
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.
Any person, agent, operator, firm, or corporation having
a legal or equitable interest in the property; or recorded in the
official records of the county as holding title to the property; or
otherwise having control of the property, including the guardian of
the estate of any such person, and the executor or administrator of
the estate of such person if ordered to take possession of real property
by a court.
Any party designated by the owner as responsible for inspecting,
maintaining and securing the property as required in this part.
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 of Homer Glen limits.
Any real property located in the Village of Homer Glen, whether
vacant or occupied, that is encumbered by a mortgage in default, 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 judgement has been entered, or has been the subject of a foreclosure
sale where the title was transferred under a deed in lieu of foreclosure/sale.
The designation of a "default/foreclosure" property as "registrable"
shall remain in place until such time as the property is sold to a
non-related bona fide purchaser in an arm's length transaction or
the foreclosure action has been dismissed and any default on the mortgage
has been cured.
A web-based electronic database of searchable real property
records, used by the Village of Homer Glen to allow mortgagees and
owners the opportunity to register properties and pay applicable fees
as required in this part.
Six months from the date of the first action that requires
registration, as determined by the Village of Homer Glen, or its designee,
and every subsequent six months. The date of the initial registration
may be different than the date of the first action that required registration.
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 of Homer Glen codes. This includes, but is not limited
to, electrical, gas, water, sewer, lawn maintenance, pool maintenance,
and snow removal.
Any parcel of land in the Village of Homer Glen that contains
any building or structure that is not lawfully occupied.
This part shall apply to defaulted property within the Village
of Homer Glen.
The Village of Homer Glen, Illinois, or its designee, shall
establish a registry cataloging each registrable property within the
Village of Homer Glen, containing the information required by this
part.
A.
Any mortgagee who holds a mortgage on real property located within
the Village of Homer Glen shall perform an inspection of the property
upon it being in default or defaulted by the mortgagor or prior to
the issuance of a notice of default.
B.
Property inspected pursuant to Subsection A above that remains in default or defaulted shall be inspected every 30 days by the mortgagee or mortgagee's designee. If an inspection shows a change in the property's occupancy status the mortgagee shall, within 10 days of that inspection, update the occupancy status of the property registration.
C.
Within 10 days of the date any mortgagee declares its mortgage to
be in default or defaulted, the mortgagee shall register the real
property with the Village of Homer Glen registry, and, at the time
of registration, indicate whether the property is vacant, and if so
shall designate in writing a property manager to inspect, maintain
and secure the real property subject to the mortgage in default or
defaulted. A separate registration is required for each defaulted
property.
D.
Initial registration pursuant to this section shall contain at a
minimum the name of the mortgagee, the mailing address of the mortgagee,
email address, telephone number and name of the property manager and
said person's address, email address, and telephone number.
E.
At the time of initial registration each registrant shall pay a nonrefundable
semiannual registration fee of $300 for each defaulted property. Subsequent
semiannual registrations of defaulted properties and fees in the amount
of $300 are due within 10 days of the expiration of the previous registration.
Said fees shall be used to offset the costs of: 1) registration and
registration enforcement; 2) code enforcement and mitigation related
to defaulted properties; 3) for any other related purposes as may
be adopted in the policy set forth in this part. Said fees shall be
deposited to an account of the Village of Homer Glen.
F.
Each individual property on the registry that has been registered
for 12 months or more prior to the effective date shall have 30 days
to renew the registration and pay the $300 semiannual registration
fee. Properties registered less than 12 months prior to the effective
date shall renew the registration every six months from the expiration
of the original registration renewal date and shall pay the $300.
G.
If the defaulted mortgage and/or servicing on a property is sold
or transferred, the new mortgagee is subject to all the terms of this
part. Within 10 days of the transfer, the new mortgagee shall register
the property or update the existing registration. The previous mortgagee(s)
will not be released from the responsibility of paying all previous
unpaid fees, fines, and penalties accrued during that mortgagee's
involvement with the defaulted property.
H.
If the mortgagee sells or transfers the defaulted property in a non-arm's
length transaction to a related entity or person, the transferee is
subject to all the terms of this part. Within 10 days of the transfer,
the transferee shall register the property or update the existing
registration. Any and all previous unpaid fees, fines and penalties,
regardless of who the mortgagee was at the time registration was required,
including but not limited to unregistered periods during the foreclosure
process, are the responsibility of the transferee and are due and
payable with the updated registration. The previous mortgagee will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the defaulted property.
I.
If the defaulted property is not registered, or the registration
fee is not paid within 30 days of when the registration or renewal
is required pursuant to this section, a late fee equivalent to 10%
of the semiannual registration fee shall be charged for every thirty-day
period, or portion thereof, the property is not registered and shall
be due and payable with the registration.
J.
This section shall also apply to properties that have been subject
of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
K.
Properties subject to this section shall remain subject to the semiannual
registration requirement, and the inspection, security, and maintenance
standards of this section as long as the property remains defaulted.
L.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change in circumstances
as required by this part is a violation and shall be subject to enforcement
by any of the enforcement means available to the Village of Homer
Glen.
M.
If any property is in violation of this part the Village of Homer
Glen may take the necessary action to ensure compliance with and/or
place a lien on the property for the cost of the outstanding obligation
and any additional cost incurred to bring the property into compliance.
A.
Properties subject to this part shall be kept free of weeds, overgrown
brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspaper circulars, flyers, notices, except those
required by federal, state, or local law, discarded personal items
including, but not limited to, furniture, clothing, large and small
appliances, printed materials, or any other items that give the appearance
that the property is abandoned.
B.
Registrable property shall be maintained free of graffiti or similar
markings by removal or painting over with an exterior grade paint
that matches the color of the exterior structure.
C.
Front, side, and rear yards, including landscaping, of registrable
property shall be maintained in accordance with the Village of Homer
Glen applicable codes.
D.
Registrable yard maintenance shall include, but not be limited to,
grass, ground covers, bushes, shrubs, hedges or similar plantings,
decorative rock or bark or artificial turf/sod.
E.
Pools and spas shall be maintained so the water remains free and
clear of pollutants and debris and shall comply with the regulations
set forth in the Village of Homer Glen Code.
F.
Failure of the mortgagee, owner, and transferees to properly maintain
the property as required by this section may result in a violation
of the applicable codes and issuance of a citation or notice of violation
in accordance with the applicable codes of the Village of Homer Glen.
Pursuant to a finding and determination by a court of competent jurisdiction,
the Village of Homer Glen may take necessary action to ensure compliance
with this section.
G.
In addition to the above, the property is required to be maintained
in accordance with the applicable codes of the Village of Homer Glen.
A.
Properties subject to these sections shall be maintained in a secure
manner so as not to be accessible to unauthorized persons.
B.
A "secure manner" shall include, 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.
C.
Broken windows, doors, gates, and other openings of such size that
may allow access to the interior of the property or structure must
be repaired. Broken windows shall be secured by reglazing of the window.
D.
If a property is registrable, and the property has become vacant
or blighted, a property manager shall be designated by the mortgagee
and/or owner to perform the work necessary to bring the property into
compliance with the applicable codes, and the property manager must
perform regular inspections to verify compliance with the requirements
of this section, and any other applicable laws.
E.
The property shall have posted to the exterior of the building/structure
facing the street house numbers which are six inches in height.
The provisions of this part are cumulative with and in addition
to other available remedies. Nothing contained in this part shall
prohibit the Village of Homer Glen from collecting on fee, fines,
attorney costs, and penalties in any lawful manner; or enforcing its
codes by any other means, including, but not limited to, injunction,
abatement, or as otherwise provided by law or ordinance.
All registrable property is at risk of being a public nuisance
and if vacant or blighted can constitute a public nuisance, the abatement
of which pursuant to the police power is hereby declared to be necessary
for the health, welfare, and safety of the residents of Village of
Homer Glen.
A.
If the Code Compliance Officer or an authorized designee has reason
to believe that a property subject to the provisions of this part
is posing a serious threat to the public health, safety, and welfare,
the Code Compliance Officer may temporarily secure the property at
the expense of the mortgagee or owner, and may bring the violations
before the Village Manager as soon as possible to address the conditions
of the property. Nothing herein shall limit the Village of Homer Glen
from abating any nuisance or unsafe condition by any other legal means
available to it.
B.
The Village of Homer Glen shall have the authority to require the
mortgagee or owner affected by this section to implement additional
maintenance and/or security measures including, but not limited to,
securing any and all doors, windows or other openings, employment
of an on-site security guard or other measures as may be reasonably
required to help prevent further decline of the property.
C.
If there is a finding that the condition of the property is posing
a serious threat to the public health, safety, and welfare, then the
Village of Homer Glen shall abate the violations and charge the mortgagee
or owner with the cost of the abatement.
D.
If the mortgagee or owner does not reimburse the Village of Homer
Glen for the cost of temporarily securing the property, or of any
abatement directed by the code compliance officer, within 30 days
of the Village of Homer Glen sending the mortgagee or owner the invoice,
then the Village of Homer Glen may lien the property with such cost,
along with an administrative fee as determined in the Village of Homer
Glen Fee Ordinance to recover the administrative personal services.
In addition to filing a lien the Village of Homer Glen may pursue
financial penalties against the mortgagee or owner.
E.
The Village of Homer Glen may contract with an entity to implement
this part, and, if so, any reference to the enforcement officer herein
shall include the entity Village of Homer Glen contracts with for
that purpose.
Whoever opposes, obstructs, or resists any enforcement officer
or any person authorized by the Village of Homer Glen in the discharge
of duties as provided in this part shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by the Village
of Homer Glen to enforce the sections here within shall be immune
from prosecution, civil or criminal, for reasonable, good faith entry
upon real property while in the discharge of duties imposed by this
part.
Whenever any act is prohibited or is made or declared to be
unlawful or an offense, or the doing of any act is required, or the
failure to do any act is declared to be unlawful, it shall be punished
by a fine of not less than $250 nor more than $1,000. Every day that
a violation exists constitutes a separate offense.
Registration fees and penalties outlined in this part may be
modified by an amendment to this part, passed and adopted by the Village
of Homer Glen.
If any section, paragraph, clause or provision of this part
shall be held invalid, the invalidity thereof shall not affect any
other provision of this part.
All ordinances, resolutions, or motions in conflict with this
part are hereby repealed to the extent of such conflict.
This part shall be in full force and effect upon its passage,
approval and publication as required by law.
