It is the purpose and intent of the Board of Trustees to establish
a process to address the deterioration, crime, and decline in value
of Village neighborhoods caused by property with foreclosing or foreclosed
mortgages located within the Village, and to identify, regulate, limit
and reduce the number of these properties located within the Village.
It has been determined that owner-occupied structures are generally
better maintained when compared to vacant structures, even with a
diligent off-site property owner. 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 Board's further intent to establish a registration
program as a mechanism to help protect neighborhoods from becoming
blighted through the lack of adequate maintenance of properties that
are in foreclosure or foreclosed, and to provide a mechanism to avert
foreclosure actions through timely intervention, education, or counseling
of property owners.
In this article the following words, terms, and phrases, when
used in this article, shall have the meanings ascribed to them in
this section, except where the context clearly indicates a different
meaning.
DEFAULT
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.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector, building inspector, or other
person authorized by the Village to enforce the applicable code(s).
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.
FORECLOSURE or FORECLOSURE ACTION
The legal process by which a mortgagee, or other lien holder,
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, lien holder, 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.
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.
OWNER
Every person, entity, or mortgagee, who alone or severally
with others, has legal or equitable title to any real property as
defined by this article; 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.
PROPERTY MANAGER
Any party designated by the owner as responsible for inspecting,
maintaining, and securing the property as required in this article.
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.
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 non-related
bona fide purchaser in an arm's length transaction or the foreclosure
action has been dismissed.
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 article.
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.
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.
VACANT
Any parcel of land in the Village that contains any building
or structure that is not lawfully occupied.
This article applies to foreclosing or foreclosed property within
the Village. In accordance with the provisions of this article the
Village, or its designee, shall establish a registry cataloging each
registrable property within the Village, containing the information
required by this article.
The provisions of this article are cumulative with and in addition
to other available remedies. Nothing contained in this article shall
prohibit the Village from collecting on fees, fines, 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. Nothing contained in this article shall prohibit
the Village from enforcing the registration of other properties not
subject to the provisions of this article and nothing in this article
shall prohibit the Village from assessing the penalties set forth
in the other portions of this chapter.
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 the Village.
It shall be a violation of this article to oppose, obstructs
or resists any enforcement officer or any person authorized by the
enforcement office in the discharge of duties as provided in this
article.
Any enforcement officer or any person authorized by the Village
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 article.
Any person or persons, association, firm or corporation who violates any provision of this article shall be guilty of a violation, punishable in accordance with §
419-20.
Registration fees and penalties outlined in this article may
be modified by resolution, administrative order, or an amendment to
this article, passed and adopted by the Board.
It is hereby declared to be the intention of the Village that
the sections, paragraphs, sentences, clauses, and phrases of this
article are severable, and if any phrase, clause, sentence, paragraph,
or section of this article shall be declared unconstitutional by the
valid judgment or decree of a court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs, and sections of this article.
All ordinances or parts of ordinances in conflict herewith,
are hereby repealed and replaced.
It is the intention of the Board, that the provisions of this
article shall become and be made a part of the Village Code of Ordinances;
and that the sections of this article may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed
to "section," "article," or such other appropriate word or phrase
in order to accomplish such intentions.
This article shall become effective immediately upon adoption.