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.
ENFORCEMENT OFFICER
A duly authorized representative of the Code Enforcement Department.
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]
SECURED BY OTHER THAN NORMAL MEANS
A building secured by means other than those used in the design of the building; i.e., window boarding.
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;
F. 
Duration of vacancy;
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
E. 
Illegally occupied.
A. 
The owner shall register with the Code Enforcement Office no later than six months after any building located in an area zoned for, or abutting an area zoned for, residential or neighborhood commercial use in the Town/Village becomes a vacant building, as defined in § 119-2, or not later than 45 days after being notified by the Code Enforcement Office of the requirement to register. The Department may identify vacant buildings through its routine inspection process as well as through notification by residents, neighborhood associations and other community groups that a building may be eligible for inclusion on the registry.
B. 
The registration shall be submitted on forms provided by the Code Enforcement Office and shall include the following information supplied by the owner:
(1) 
A description of the premises, including, but not limited to, square footage, number of stories, age of the building, and most recent use of the building.
(2) 
The names and addresses of the owner or owners. If the owner is a corporation, limited liability company or partnership, the address for each director, manager, or partner, as the case may be. The address must include a street address; a post office box is not acceptable or any adjoining county, the name and address of any third party with whom the owner has entered into a contract or agreement for property management as required by § 166-8. The address must include a street address; a post office box is not acceptable.
(3) 
The names and addresses of all known lienholders and all other parties with an ownership interest in the building. Each address must include a street address; a post office box is not acceptable.
(4) 
A name, address and telephone number where a responsible natural person (not a corporation, partnership, or limited liability company) can be reached at all times during business and nonbusiness hours. The address must include a street address; a post office box is not acceptable.
(5) 
A vacant building plan as described in Subsection C.
(6) 
If any mortgagee or lienholder has found the owner in default, then the status of any default proceeding or foreclosure.
[Added 5-2-2022 by L.L. No. 8-2022]
C. 
The owner shall submit a vacant building plan which must meet the approval of the Enforcement Officer. The Enforcement Officer will review the plan within 15 days of receipt of a completed registration. The plan, at a minimum, must contain information from one of the following three choices for the property:
(1) 
If the building is to be demolished, a demolition plan indicating the proposed time frame for demolition.
(2) 
If the building is to remain vacant, a plan for the securing of the building in accordance with standards provided in Article II, § 119-12, if applicable, and along with the procedure that will be used to maintain the property in accordance with Article II.
(3) 
If the building is to be returned to appropriate occupancy or use, a rehabilitation plan for the property. The rehabilitation plan shall not exceed 365 days from the date of submission and will include progress bench marks at least every 90 days, unless the Code Enforcement Office grants an extension for good cause shown, upon receipt of a written statement from the owner detailing the reasons for the extension. Any repairs, improvements or alterations to the property must comply with any applicable zoning, housing, historic preservation or building codes and must be secured in accordance with Article II, § 119-12, if applicable, during the rehabilitation.
D. 
The Enforcement Officer shall provide the owner with a written referral to the Department of Planning for information outlining programs available which may be useful in developing the owner's rehabilitation plan.
E. 
The owner will comply with all applicable laws and codes. The owner shall notify the Enforcement Officer of any changes in information supplied as part of the vacant building registration within 30 days of the change. If the plan or timetable for the vacant building is revised in any way, the revisions must be in writing and must meet the approval of the Enforcement Officer.
F. 
The owner and subsequent owners shall keep the building secured and safe and the building and ground properly maintained as provided in Article II of this chapter.
G. 
Failure of the owner or any subsequent owners to maintain the building and premises as required herein will be grounds for the Village:
(1) 
To remediate the building and bill the cost of same to the owner as provided in § 118-8;
(2) 
To revoke the rehabilitation plans; and
(3) 
The owner will be subject to fees and penalties as provided herein.
H. 
The owner will notify the Code Enforcement Office of any transfer of ownership within 45 days of transfer. The new owners shall comply with the approved plan and timetable submitted by the previous owner until any proposed changes are submitted and meet the approval of the Enforcement Officer.
I. 
Vacant building fees.
[Amended 5-2-2022 by L.L. No. 8-2022]
(1) 
The owner of a vacant building shall pay a registration fee of $50. The registration fee of $50 is due and payable upon registration; to wit, no later than 30 days after any building becomes a "vacant building," as defined above, or no later than 30 days after being notified by an enforcement officer of the requirement to register.
(2) 
If the building is to remain vacant pursuant to Subsection C(2), then the owner will also pay an annual vacant building fee of $500 for the first year. This fee is due and payable together with the registration fee of $50. Subsequent annual fees shall be paid as follows:
(a) 
For the second year that the building remains vacant: $1,000.
(b) 
For the third year and each succeeding year that the building remains vacant: $1,500.
(c) 
Vacant building fees for structures 5,000 square feet or greater will be doubled.
(3) 
If the building is to be returned to a permitted use pursuant to § 119-3C(3), the rehabilitation plan will not exceed 365 days and will include progress benchmarks at least every 90 days, unless the Enforcement Officer grants an extension for good cause shown upon receipt of a written statement from the owner detailing the reasons for the extension. If the rehabilitation has not been completed or extended by the Enforcement Officer, then the owner will pay an annual vacant building fee in accordance with the rates established above until the building is properly demolished or rehabilitated. The annual vacant building fee is payable either on each anniversary of the payment of the registration fee of $50 in Subsection I(1) above or no later than 15 days after being notified by an Enforcement Officer that the owner has failed to meet a required benchmark, whichever date is earlier, and on each anniversary thereafter until the building is demolished or rehabilitated.
(4) 
The vacant building registration fee and annual vacant building fee as set forth in Subsection I are to be delivered, by mail or in person, to the Code Enforcement Office. A late charge of 1 1/2% per month, or any part thereof, will be assessed on any invoice which is unpaid after 30 days from the date of the demand for payment or an invoice. A processing fee of $25 will be charged for each check returned by the bank due to insufficient funds or other reason. A replacement payment must be made in cash, money order, bank or certified check, and must include the fee of $25 and any applicable late charges. Invoices and any additional fees that remain unpaid will be added to the property owner's tax bill, and will include an additional penalty of $200.
J. 
The Enforcement Officer shall include in the file any property-specific written statements from community organizations, other interested parties or citizens regarding the history, problems, status or blighting influence of a vacant building.
K. 
Lienholders/mortgagees.
[Added 5-2-2022 by L.L. No. 8-2022]
(1) 
If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. 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 registrable property.
(2) 
If the mortgagee sells or transfers the registrable property in a non-arm's length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. 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 registrable property.
(3) 
If the foreclosing or foreclosed 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 semi-annual 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.
(4) 
This subsection shall also apply to properties that have been the 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.
(5) 
Properties subject to this subsection shall remain subject to the registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains registrable.
(6) 
Failure of the mortgagee and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this subsection is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the Village.
(7) 
If any property is in violation of this chapter, the Village 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.
(8) 
Registration of foreclosure property does not alleviate the mortgagee and/or owner from obtaining all required licenses, permits and inspections required by applicable code or state statutes. Acquisition of required licenses, permits and inspections or registration of rental property does not alleviate the requirement for the property to be registered under this section. The mortgagee and/or owner is expected to update the status of the property in the event of a mortgagee-managed rental.
A. 
A building which has suffered fire damage or damage caused by extreme weather conditions shall be exempt from the registration requirement for a period of 90 days after the date of the fire or extreme weather event if the property owner submits a request for exemption in writing to the Code Enforcement Office. This request shall include the following information supplied by the owner:
(1) 
A description of the premises.
(2) 
The reason for an exemption.
(3) 
The names and addresses of the owner or owners. A post office box is not acceptable.
(4) 
A statement of intent to repair and reoccupy the building in an expedient manner, or the intent to demolish the building.
B. 
A single-family or two-family home which is vacant due to the health of the owner of said property shall be exempt from the registration requirement in total; but the owner or representative of the owner shall be obligated to:
(1) 
Comply with Article II of this chapter; and
(2) 
Annually update the Enforcement Officer as to the status of the property's exemption.
C. 
A single-family or two-family home which is vacant due to the owner's residency at an alternate location for 10 months or more a year; i.e., seasonal occupancy a.k.a. "snowbirds," shall be exempt from the registration requirement in total; but the owner or representative of the owner shall be obligated to:
(1) 
Comply with Article II of this chapter; and
(2) 
Annually update the Enforcement Officer as to the status of the property's exemption.
D. 
A single-family or two-family home which is vacant and has been listed for sale or lease shall be exempt from the registration requirement in total; but the owner or representative of the owner shall be obligated to:
(1) 
Comply with Article II of this chapter; and
(2) 
Annually update the Enforcement Officer as to the status of the property's exemption.
A. 
The Code Enforcement Office shall inspect any premises in the Village for the purpose of enforcing and assuring compliance with the provisions of this article. Upon the request of the Enforcement Officer, an owner may provide access to all interior portions of an unoccupied building in order to permit a complete inspection. Nothing contained herein, however, shall diminish the owner's right to insist upon the procurement of a search warrant from a court of competent jurisdiction by the Enforcement Officer or his or her designee in order to enable such inspection, and the Enforcement Officer shall be required to obtain a search warrant whenever an owner refuses to permit a warrantless inspection of the premises after having been advised of his or her constitutional right to refuse entry without same. In the case of an emergency, this section will not apply.
B. 
Any mortgagee who holds a mortgage on real property located within the Village shall perform an inspection of the property upon default by the mortgagor as evidenced by the filing of a foreclosure action. Property inspected any mortgagee that remains in foreclosure 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.
[Added 5-2-2022 by L.L. No. 8-2022]
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.