City Council Packet 2015 07-14-15
AGENDA
CITY COUNCIL MEETING
CITY COUNCIL CHAMBERS
7:00 p.m.
Tuesday, July 14, 2015
Call to Order:
Pledge of Allegiance:
Roll Call by Clerk: WARD I WARD II WARD III WARD IV
Carlo Colosimo Jackie Milschewski Chris Funkhouser Diane Teeling
Ken Koch Larry Kot Joel Frieders Seaver Tarulis
Establishment of Quorum:
Amendments to Agenda:
Presentations:
Public Hearings:
Citizen Comments on Agenda Items:
Consent Agenda:
Minutes for Approval:
Bills for Payment (Informational): $948,156.87
Mayor’s Report:
1. CC 2015-56 Appointment to Library Board – Wamecca Rodriguez
2. CC 2015-57 Resolution Approving an Intergovernmental Agreement (2015) Between the County of
Kendall, on Behalf of the Sheriff’s Office, and the United City of Yorkville Regarding the New
World Computer System
3. CC 2015-58 Resolution Approving an Amendment to Project Agreement #OS 13-1864 (Bicentennial
Riverfront Park Project)
Public Works Committee Report:
Economic Development Committee Report:
1. EDC 2015-21 Ordinance Adding Licensing Requirements and Regulation of Vacant Buildings
Public Safety Committee Report:
Administration Committee Report:
Park Board:
United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
Telephone: 630-553-4350
www.yorkville.il.us
City Council Agenda
July 14, 2015
Page 2
Plan Commission:
Zoning Board of Appeals:
City Council Report:
City Clerk’s Report:
Community and Liaison Report:
Staff Report:
Additional Business:
Executive Session:
Citizen Comments:
Adjournment:
COMMITTEES, MEMBERS AND RESPONSIBILITIES
ADMINISTRATION: July 15, 2015 – 6:00 p.m. – City Hall Conference Room
Committee Departments Liaisons
Chairman: Alderman Milschewski Finance Library
Vice-Chairman: Alderman Frieders Administration
Committee: Alderman Teeling
Committee: Alderman Tarulis
ECONOMIC DEVELOPMENT: August 4, 2015 – 6:00 p.m. – City Hall Conference Room
Committee Departments Liaisons
Chairman: Alderman Koch Community Development Plan Commission
Vice-Chairman: Alderman Teeling Building Safety and Zoning Yorkville Econ. Dev. Corp.
Committee: Alderman Colosimo Kendall Co. Plan Commission
Committee: Alderman Funkhouser
PUBLIC SAFETY: August 6, 2015 – 6:30 p.m. – City Hall Conference Room
Committee Departments Liaisons
Chairman: Alderman Kot Police School District
Vice-Chairman: Alderman Frieders
Committee: Alderman Colosimo
Committee: Alderman Tarulis
PUBLIC WORKS: July 21, 2015 – 6:00 p.m. – City Hall Conference Room
Committee Departments Liaisons
Chairman: Alderman Funkhouser Public Works Park Board
Vice-Chairman: Alderman Milschewski Engineering YBSD
Committee: Alderman Kot Parks and Recreation
Committee: Alderman Koch
UNITED CITY OF YORKVILLE
WORKSHEET
CITY COUNCIL
Tuesday, July 14, 2015
7:00 PM
CITY COUNCIL CHAMBERS
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AMENDMENTS TO AGENDA:
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CITIZEN COMMENTS ON AGENDA ITEMS:
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BILLS FOR PAYMENT:
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1. Bills for Payment (Informational)
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
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MAYOR’S REPORT:
-----------------------------------------------------------------------------------------------------------------------------------------
1. CC 2015-56 Appointment to Library Board – Wamecca Rodriguez
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
2. CC 2015-57 Resolution Approving an Intergovernmental Agreement (2015) between the County of
Kendall, on behalf of the Sheriff’s Office and the City Regarding New World Computer System
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
3. CC 2015-58 Resolution Approving an Amendment to Project Agreement #OS 13-1864 (Bicentennial
Riverfront Park Project)
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
ECONOMIC DEVELOPMENT COMMITTEE REPORT:
-----------------------------------------------------------------------------------------------------------------------------------------
1. EDC 2015-21 Ordinance Adding Licensing Requirements and Regulation of Vacant Buildings
□ Approved: Y ______ N ______ □ Subject to __________________________________________
□ Removed ________________________________________________________________________
□ Notes _____________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
-----------------------------------------------------------------------------------------------------------------------------------------
ADDITIONAL BUSINESS:
-----------------------------------------------------------------------------------------------------------------------------------------
-----------------------------------------------------------------------------------------------------------------------------------------
CITIZEN COMMENTS:
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Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Bills for Payment
Tracking Number
Bills for Payment (Informational): $948,156.87
City Council – July 14, 2015
None – Informational
Amy Simmons Finance
Name Department
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Page 2 of 44
01
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Page 3 of 44
01
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1
1
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AD
M
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Page 4 of 44
01
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Page 5 of 44
01
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AD
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01
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Page 7 of 44
01
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1
1
0
AD
M
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R
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12
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01
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01
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Page 12 of 44
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Page 13 of 44
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01
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Page 18 of 44
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Page 19 of 44
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AD
M
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12
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Page 20 of 44
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Page 21 of 44
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Page 22 of 44
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Page 23 of 44
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Page 24 of 44
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Page 25 of 44
01
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Page 26 of 44
01
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1
1
0
AD
M
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R
A
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12
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Page 27 of 44
01
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Page 28 of 44
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1
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0
AD
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Page 29 of 44
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Page 30 of 44
01
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AD
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12
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Page 31 of 44
01
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01
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Page 33 of 44
01
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AD
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Page 34 of 44
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01
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Page 36 of 44
01
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01
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01
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236,512.58$ Page 43 of 44
ACCOUNTS PAYABLE DATE
City Check Register - Fiscal Year 2015 (Page 1 )07/14/201568,326.86
Manual Check Register - P-Tax Rebates (Pages 2-3)07/07/20152,050.22
City Check Register - Fiscal Year 2016 (Pages 4 - 35)07/14/2015254,039.60
SUB-TOTAL: $324,416.68
OTHERPAYABLES
Fiscal Year 2015
Fiscal Year 2016
UNITED CITY OF YORKVILLE
BILL LIST SUMMARY
Tuesday, July 14, 2015
OTHER PAYABLES
Manual Check #519909 - Imperial Investment-P-Tax Proceed Rebate 06/17/2015 16,195.81
Manual Check #519910 - Sebis - UB Postage Deposit 06/18/2015 3,000.00
Clerk's Check #131059 - Kendall County Recorder 06/19/2015 245.00
Manual Check #519915 - Anderson BUILD Check 06/25/2015 10,000.00
Manual Check #519913 - Miles Chevrolet-New Squad Approved @ 06/23 CC 06/26/2015 22,191.00
Manual Check #519916 - D Constructions-Heustis St. Improvements 07/06/2015 20,657.68
Manual Check #519917 - Hardin Paving-Corneils & Beecher work 07/06/2015 294,895.12
Manual Check #519931 - Encap-Sunflower Estates & Greenbriar Pond07/07/2015 20,043.00
SUB-TOTAL: $387,227.61
Bi - Weekly 07/02/2015 236,512.58
SUB-TOTAL: $236,512.58
TOTAL DISBURSEMENTS:$948,156.87
Fiscal Year 2016
Fiscal Year 2015
PAYROLL
Pa
g
e
44
of
44
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #1
Tracking Number
CC 2015-56
Appointment to Library Board – Wamecca Rodriguez
City Council – July 14, 2015
Majority
Approval
Mayor Gary J. Golinski
Name Department
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #2
Tracking Number
CC 2015-57
Intergovernmental Agreement with Kendall County for New World Computer System.
City Council – July 14, 2015
Please see attached information.
Chief Rich Hart Police Department
Name Department
Resolution No. 2015-____
Page 1
Resolution No. 2015-____
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN INTERGOVERNMENTAL AGREEMENT (2015) BETWEEN THE COUNTY
OF KENDALL, ON BEHALF OF THE SHERIFF’S OFFICE, & THE UNITED CITY OF
YORKVILLE, ON BEHALF OF THE YORKVILLE POLICE DEPARTMENT, REGARDING
THE NEW WORLD COMPUTER SYSTEM
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the County of Kendall (“Kendall County”) is a duly organized and validly
existing unit of local government of the State of Illinois; and,
WHEREAS, Kendall County, on behalf of the Kendall County Sherriff’s Office, has
previously purchased computer software through New World Systems (“New World”), which
software includes multi-jurisdictional features which allow the sharing of said software amongst
different law enforcement agencies; and,
WHEREAS, the City, on behalf of the Yorkville Police Department, and Kendall
County, on behalf of the Kendall County Sherriff’s Office, desire to enter into an
intergovernmental agreement in order to provide an arrangement which would facilitate the use
of New World software by the City through the use of the MSP server(s) operated by Kendall
County.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Intergovernmental Agreement (2015) Between the County of
Kendall, on behalf of the Sheriff’s Office, & The United City of Yorkville, on behalf of the
Yorkville Police Department, regarding the New World Computer System, attached hereto and
made a part hereof, is hereby approved and the Mayor and the City Clerk are hereby authorized
to execute and deliver said Agreement on behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Resolution No. 2015-____
Page 2
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of _______________, 2015.
______________________________
MAYOR
Attest:
___________________________________
City Clerk
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Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
Mayor #3
Tracking Number
CC 2015-58
Riverfront Park – Amendment to Project Agreement for Grant
City Council – July 14, 2015
Majority
Approval
Please see attached information.
Tim Evans Parks and Recreation
Name Department
Summary
A review of the Bicentennial Riverfront Park grant one (1) year extension agreement with
Illinois Department of Natural Resources (IDNR)
Background
In May, 2013, the United City of Yorkville Parks and Recreation Department was awarded an
Open Space Lands Acquisition and Development (OSLAD) grant to further develop Bicentennial
Riverfront Park. On March 9, 2015 the City was notified by IDNR that the grant had been
suspended until further notice. Since the grant is still suspended and is set to expire on
December 31, 2015, we have requested a one (1) year extension of the grant as we continue to
monitor the grant status. Attached are copies of the proposed one (1) year grant extension
agreement and associated forms.
Recommendation
Additional analysis will be presented verbally at the meeting. If the grant is reinstated within
the next year, we can move forward with the Riverfront Park redevelopment immediately and
not have to be delayed by reapplying for an extension. Staff seeks City Council approval to
forward the attached one (1) year Bicentennial Riverfront Park Grant extension agreement to
IDNR.
Memorandum
To: Yorkville City Council
From: Tim Evans, Director of Parks and Recreation
CC: Bart Olson, City Administrator
Date: July 7, 2015
Subject: Bicentennial Riverfront Park grant one (1) year extension
agreement
Resolution No. 2015-____
Page 1
Resolution No. 2015-____
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
APPROVING AN AMENDMENT TO PROJECT AGREEMENT # OS 13-1864
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the “City”) is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, the City and the Illinois Department of Natural Resources entered into a
Project Agreement for Project # OS 13-1864 (the “Agreement”) in 2013, which Agreement
authorized grant reimbursement on the Bicentennial Riverfront Park project and provided for a
project end date of December 31, 2015; and,
WHEREAS, the City was notified on March 9, 2015 that the grant for the Bicentennial
Riverfront Park project was suspended; and,
WHEREAS, the City now desires to extend the project end date set forth in the
Agreement to December 31, 2016.
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Amendment to Project Agreement and the documents related to the
Amendment entitled Taxpayer Identification Number, Standard Certifications, and Disclosures
and Conflicts of Interest, attached hereto and made a part hereof, are hereby approved and the
Mayor is hereby authorized to execute and deliver said Amendment and related documents on
behalf of the United City of Yorkville.
Section 2. This Resolution shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
_____ day of __________________, 2015.
______________________________
CITY CLERK
Resolution No. 2015-____
Page 2
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
_____ day of __________________, 2015.
______________________________
MAYOR
Attest:
___________________________________
City Clerk
STATE OF ILLINOIS Sponsor: United City of Yorkville
Department of Natural Resources
Project Amendment #: OS 13-1864
AMENDMENT TO PROJECT AGREEMENT
THIS AMENDMENT TO Project Agreement # OS 13-1864 is hereby made and agreed upon by the Illinois Department of
Natural Resources and by the United City of Yorkville pursuant to the Open Space Lands Acquisition and Development
Act, as amended, (525 ILCS, 35/1, et. seq.).
The Sponsor and the IDNR, in mutual consideration of the promises made herein and in the Project Agreement of which this is a n
amendment, do promise as follows: That the above mentioned Agreement is amended by adding the following: The project end date
is extended from December 31, 2015, until December 31, 2016. A one year extension.
That the rationale for making the contract amendment is as follows:
[X] The circumstances that necessitate the change in performance were not reasonably foreseeable at the time the contract was
signed.
[X] The change is germane to the original contract as signed.
[X] The circumstances that necessitate the change in performance ar e in the best interest of the unit of State or local government
and authorized by law.
Specific circumstances requiring this amendment are: Requesting this extension due to being notified of the grant’s suspension on
March 9, 2015.A copy of the letter request from the grantee to extend the ending date of this grant is attached and
incorporated by reference as Exhibit "A".
In all other respects the Project Agreement of which this is an amendment, and the plans and specifications relevant thereto, shall
remain in full force and effect. In witness whereof, the parties hereto have executed thi s amendment as of the date entered below.
PROJECT SPONSOR STATE OF ILLINOIS
IL Department of Natural Resources
(Agency) (Agency)
(Signature) (Director - Signature)
Wayne Rosenthal
(Name) (Director - Name)
Date:
(Title)
___________________________________ Required additional signatures for contracts and contract
(Date) renewals totaling $250,000 or more per 30 ILCS 105/9.02.
(DNR Chief Legal Counsel-Signature) Date
Brent R. Krebs
(DNR Chief Legal Counsel-Name)
(DNR Chief Fiscal Officer-Signature) Date
Doug Florence
( ) IDNR Copy (DNR Chief Fiscal Officer-Name)
( ) Sponsor Copy
Page 1 of 4
TAXPAYER IDENTIFICATION NUMBER Attachment A
I certify that:
1.The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2.I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I
am no longer subject to backup withholding, and
3.I am a U.S. person (including a U.S. resident alien).
•If you are an individual, enter your name and SSN as it appears on your Social Security Card.
•If you are a sole proprietor, enter the owner’s name on the name line followed by the name of the business and the owner’s SSN or
EIN.
•If you are a single-member LLC that is disregarded as an entity separate from its owner, enter the owner’s name on the name line
and the d/b/a on the business name line and enter the owner’s SSN or EIN.
•If the LLC is a corporation or partnership, enter the entity’s business name and EIN and for corporations, attach IRS accepta nce
letter (CP261 or CP277).
•For all other entities, enter the name of the entity as used to apply for the entity’s EIN and the EIN.
Name: ___________________________________________________________________________________
or
Business Name: __________________________________________________________________________
Taxpayer Identification Number:
Social Security Number ____________________________________________
or
Employer Identification Number ______________________________________
Legal Status (check one):
Individual Governmental
Sole Proprietor Nonresident alien
Partnership Estate or trust
Legal Services Corporation Pharmacy (Non-Corp.)
Tax-exempt Pharmacy/Funeral Home/Cemetery (Corp.)
Corporation providing or billing Limited Liability Company (select applicable tax
medical and/or health care services classification)
D = disregarded entity
Corporation NOT providing or billing C = corporation
medical and/or health care services P = partnership
Signature: _________________________________________________ Date: ___________________
Revision 6-10-09
United City of Yorkville
36-6006169
X
Page 2 of 4
STANDARD CERTIFICATIONS
Vendor acknowledges and agrees that compliance with this section and each subsection for the term of the contract and any renewals is
a material requirement and condition of this contract. By executing this contract Vendor certifies compliance with this section and each
subsection and is under a continuing obligation to remain in compliance and report any non-compliance.
This section, and each subsection, applies to subcontractors used on this contract. Vendor shall include these Standard Certifications in
any subcontract used in the performance of the contract using the Standard Subcontractor Certification form provided by the State.
If this contract extends over multiple fiscal years including the initial term and all renewals, Vendor and its subcontractors shall confirm
compliance with this section in the manner and format determined by the State by the date specified by the State and in no event later
than July 1 of each year that this contract remains in effect.
If the Parties determine that any certification in this section is not applicable to this contract it may be stricken without affecting the
remaining subsections.
1.As part of each certification, Vendor acknowledges and agrees that should Vendor or its subcontractors provide false information, or
fail to be or remain in compliance with the Standard Certification requirements, one or more of the following sanctions will apply:
the contract may be void by operation of law,
the State may void the contract, and
the Vendor and it subcontractors may be subject to one or more of the following: suspension, debarment, denial of payment,
civil fine, or criminal penalty.
Identifying a sanction or failing to identify a sanction in relation to any of the specific certifications does not waive imposition of other
sanctions or preclude application of sanctions not specifically identified.
2.Vendor certifies it and its employees will comply with applicable provisions of the U.S. Civil Rights Act, Section 504 of the Federal
Rehabilitation Act, the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.) and applicable rules in performance under this
contract.
3.Vendor certifies it is not in default on an educational loan (5 ILCS 385/3). This applies to individuals, sole proprietorships,
partnerships and individuals as members of LLCs.
4.Vendor (if an individual, sole proprietor, partner or an individual as member of a LLC) certifies it has not received an (i) an early
retirement incentive prior to 1993 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code, 40 ILCS 5/14-108.3 and 40 ILCS
5/16-133.3, or (ii) an early retirement incentive on or after 2002 under Section 14-108.3 or 16-133.3 of the Illinois Pension Code, 40 ILCS
5/14-108.3 and 40 ILCS 5/16-133, (30 ILCS 105/15a).
5.Vendor certifies it is a properly formed and existing legal entity (30 ILCS 500/1.15.80, 20-43); and as applicable has obtained an
assumed name certificate from the appropriate authority, or has registered to conduct business in Illinois and is in good standing with the
Illinois Secretary of State.
6.To the extent there was a incumbent Vendor providing the services covered by this contract and the employees of that Vendor that
provide those services are covered by a collective bargaining agreement, Vendor certifies (i) that it will offer to assume the collective
bargaining obligations of the prior employer, including any existing collective bargaining agreement with the bargaining representative of
any existing collective bargaining unit or units performing substantially similar work to the services covered by the contract subject to its
bid or offer; and (ii) that it shall offer employment to all employees currently employed in any existing bargaining unit performing
substantially similar work that will be performed under this contract (30 ILCS 500/25-80). This does not apply to heating, air conditioning,
plumbing and electrical service contracts.
7.Vendor certifies it has not been convicted of bribing or attempting to bribe an officer or employee of the State of Illinois or any other
State, nor has Vendor made an admission of guilt of such conduct that is a matter of record (30 ILCS 500/50-5).
8.If Vendor has been convicted of a felony, Vendor certifies at least five years have passed after the date of completion of the
sentence for such felony, unless no person held responsible by a prosecutor’s office for the facts upon which the conviction was based
continues to have any involvement with the business (30 ILCS 500/50-10).
Page 3 of 4
9.If Vendor, or any officer, director, partner, or other managerial agent of Vendor, has been convicted of a felony under the Sarbanes-
Oxley Act of 2002, or a Class 3 or Class 2 felony under the Illinois Securities Law of 1953, Vendor certifies at least five years have
passed since the date of the conviction. Vendor further certifies that it is not barred from being awarded a contract and acknowledges
that the State shall declare the contract void if this certification is false (30 ILCS 500/50-10.5).
10.Vendor certifies it is not barred from having a contract with the State based on violating the prohibition on providing assistance to the
state in identifying a need for a contract (except as part of a public request for information process) or by reviewing, drafting or preparing
solicitation or similar documents for the State (30 ILCS 500/50-10.5e).
11.Vendor certifies that it and its affiliates are not delinquent in the payment of any debt to the State (or if delinquent has entered into a
deferred payment plan to pay the debt), and Vendor and its affiliates acknowledge the State may declare the contract void if this
certification is false (30 ILCS 500/50-11) or if Vendor or an affiliate later becomes delinquent and has not entered into a deferred
payment plan to pay off the debt (30 ILCS 500/50-60).
12.Vendor certifies that it and all affiliates shall collect and remit Illinois Use Tax on all sales of tangible personal property into the State
of Illinois in accordance with provisions of the Illinois Use Tax Act (30 ILCS 500/50-12) and acknowledges that failure to comply can
result in the contract being declared void.
13.Vendor certifies that it has not been found by a court or the Pollution Control Board to have committed a willful or knowing violation
of the Environmental Protection Act within the last five years, and is therefore not barred from being awarded a contract (30 ILCS 500/50-
14).
14.Vendor certifies it has not paid any money or valuable thing to induce any person to refrain from bidding on a State contract, nor has
Vendor accepted any money or other valuable thing, or acted upon the promise of same, for not bidding on a State contract (30 ILCS
500/50-25).
15.Vendor certifies it is not in violation of the “Revolving Door” section of the Illinois Procurement Code (30 ILCS 500/50-30).
16.Vendor certifies that it has not retained a person or entity to attempt to influence the outcome of a procurement decision for
compensation contingent in whole or in part upon the decision or procurement (30 ILCS 500/50-38).
17.Vendor certifies it will report to the Illinois Attorney General and the Chief Procurement Officer any suspected collusion or other anti-
competitive practice among any bidders, offerors, contractors, proposers or employees of the State (30 ILCS 500/50-40, 50-45, 50-50).
18.In accordance with the Steel Products Procurement Act, Vendor certifies steel products used or supplied in the performance of a
contract for public works shall be manufactured or produced in the United States, unless the executive head of the procuring agency
grants an exception (30 ILCS 565).
19. a) If Vendor employs 25 or more employees and this contract is worth more than $5000, Vendor certifies it will provide a drug free
workplace pursuant to the Drug Free Workplace Act.
b)If Vendor is an individual and this contract is worth more than $5000, Vendor shall not engage in the unlawful manufacture ,
distribution, dispensation, possession or use of a controlled substance during the performance of the contract (30 ILCS 580).
20.Vendor certifies that neither Vendor nor any substantially owned affiliate is participating or shall participate in an international
boycott in violation of the U.S. Export Administration Act of 1979 or the applicable regulations of the U.S. Department of Commerce.
This applies to contracts that exceed $10,000 (30 ILCS 582).
21.Vendor certifies it has not been convicted of the offense of bid rigging or bid rotating or any similar offense of any state or of the
United States (720 ILCS 5/33 E-3, E-4).
22.Vendor certifies it complies with the Illinois Department of Human Rights Act and rules applicable to public contracts, including equal
employment opportunity, refraining from unlawful discrimination, and having written sexual harassment policies (775 ILCS 5/2-105).
23.Vendor certifies it does not pay dues to or reimburse or subsidize payments by its employees for any dues or fees to any
“discriminatory club” (775 ILCS 25/2).
Page 4 of 4
24.Vendor certifies it complies with the State Prohibition of Goods from Forced Labor Act, and certifies that no foreign-made
equipment, materials, or supplies furnished to the State under the contract have been or will be produced in whole or in part by forced
labor, or indentured labor under penal sanction (30 ILCS 583).
25.Vendor certifies that no foreign-made equipment, materials, or supplies furnished to the State under the contract have been
produced in whole or in part by the labor or any child under the age of 12 (30 ILCS 584).
26.Vendor certifies that it is not in violation of Section 50-14.5 of the Illinois Procurement Code (30 ILCS 500/50-14.5) that states:
“Owners of residential buildings who have committed a willful or knowing violation of the Lead Poisoning Prevention Act (410 ILCS 45)
are prohibited from doing business with the State until the violation is mitigated”.
27.Vendor warrants and certifies that it and, to the best of its knowledge, its subcontractors have and will comply with Executive Order
No. 1 (2007). The Order generally prohibits Vendors and subcontractors from hiring the then-serving Governor’s family members to
lobby procurement activities of the State, or any other unit of government in Illinois including local governments if that procurement may
result in a contract valued at over $25,000. This prohibition also applies to hiring for that same purpose any former State employee who
had procurement authority at any time during the one-year period preceding the procurement lobbying activity.
28.Vendor certifies that information technology, including electronic information, software, systems and equipment, developed or
provided under this contract will comply with the applicable requirements of the Illinois Information Technology Accessibility Act
Standards as published at www.dhs.state.il.us/iitaa. (30 ILCS 587)
29.Vendor certifies that it has read, understands, and is in compliance with the registration requirements of the Elections Code (10
ILCS 5/9-35) and the restrictions on making political contributions and related requirements of the Illinois Procurement Code (30 ILCS
500/20-160 and 50-37). Vendor will not make a political contribution that will violate these requirements. These requirements are
effective for the duration of the term of office of the incumbent Governor or for a period of 2 years after the end of the contract term,
whichever is longer.
In accordance with section 20-160 of the Illinois Procurement Code, Vendor certifies as applicable:
Vendor is not required to register as a business entity with the State Board of Elections.
or
Vendor has registered and has attached a copy of the official certificate of registration as issued by the State Board of Elections.
As a registered business entity, Vendor acknowledges a continuing duty to update the registration as required by the Act.
VENDOR (show Company name and DBA)
Signature
Printed Name
Title Date
Address
X
United City of Yorkville
Gary J. Golinski
Mayor
800 Game Garm Road
Yorkville, IL 60560
1
DISCLOSURES AND CONFLICTS OF INTEREST
Instructions: Vendor shall disclose financial interests, potential conflicts of interest and contract information identified in
Sections 1, 2 and 3 below as a condition of receiving an award or contract (30 ILCS 500/50 -13 and 50-35). Failure to fully
disclose shall render the contract, bid, proposal, subcontract, or relationship voidable by the chief procurement officer if s/he
deems it in the best interest of the State of Illinois and may be cause for barring from future contracts, bids, proposals,
subcontracts, or relationships with the State.
There are five sections to this form and each must be completed to meet full disclosure requirements.
Note: The requested disclosures are a continuing obligation and must be promptly supplemented for accuracy throughout
the process and throughout the term of the resultant contract if the bid/offer is awarded. As required by 30 ILCS 500/50-2,
for multi-year contracts Vendors must submit these disclosures on an annual basis.
A publicly traded entity may submit its 10K disclosure i n satisfaction of the disclosure requirements set forth in Section 1 below.
HOWEVER, if a Vendor submits a 10K, they must still must complete Sections 2, 3, 4 and 5 and submit the disclosure form.
If the Vendor is a wholly owned subsidiary of a parent org anization, separate disclosures must be made by the Vendor and the
parent. For purposes of this form, a parent organization is any entity that owns 100% of the Vendor.
This disclosure information is submitted on behalf of (show official name of Vendor, and if applicable, D/B/A and parent):
Name of Vendor:
D/B/A (if used):
Name of any Parent Organization:
Section 1: Section 50-35 Disclosure of Financial Interest in the Vendor. (All Vendors must complete this section)
Vendors must complete subsection (a), (b) or (c) below. Please read the following subsections and complete the information
requested.
a. If Vendor is a Publicly traded corporation subject to SEC reporting requirements
i. Vendor shall submit their 10K disclosure (include proxy if referenced in 10k) in satisfaction of the financial and conflict
of interest disclosure requirements set forth in subsections 50-35 (a) and (b) of the Procurement Code. The SEC 20f
or 40f, supplemented with the names of those owning in excess of 5% and up to the ownership percentages disclosed
in those submissions, may be accepted as being substantially equivalent to 10K.
Check here if submitting a 10k , 20f , or 40f .
OR
b. If Vendor is a privately held corporation with more than 400 shareholders
i. These Vendors may submit the information identified in 17 CFR 229.401 and list the names of any person or entity
holding any ownership share in excess of 5% in satisfaction of the financial and conflict of interest disclosure
requirements set forth in subsections 50-35 a and b of the Illinois Procurement Code.
OR
c. If Vendor is an individual, sole proprietorship, partnership or any other not qualified to use subsections (A) or (B),
complete (i) and (ii) below as appropriate.
i. For each individual having any of the following financial interests in the Vendor (or its parent), please mark each that
apply and show the applicable name and address. Use a separate form for each individual.
1. Do you have an ownership share of greater than 5% of the offering entity or parent entit y?
Yes No
2. Do you have an ownership share of less than 5%, but which has a value greater than $1 06,447.20?
Yes No
3. Do you receive more than $106,447.20 of the offering entity’s or parent entit y’s distributive income? (Note:
Distributive income is, for these purposes, any type of distribution of profits. An annual salary is not distributive
income.)
Yes No
2
4. Do you receive greater than 5% of the offering entity’s or parent entity’s total distributive income, but which is less
than $106,447.20?
Yes No
5. If you responded yes to any of questions 1 – 4 above, please provide either the percentage or dollar amount of
your ownership or distributive share of income: . For partnerships with more than 50
partners, the percentage share of ownership of each individual identified above may be shown in the following
ranges (dollar value fields must also be completed when applicable):
0.5% or less_____>0.5 to 1.0% _____>1.0 to 2.0%_____ >2.0 to 3.0 %______> 3.0 to 4.0%_____%
>4.0 to 5.0%_____and in additional 1% increments as appropriate ________%
6. If you responded yes to any of the questions 1-4 above, please check the appropriate type of
ownership/distributable income share:
Sole Proprietorship Stock Partnership Other (explain)
Name:
Address:
ii. In relation to individuals identified above, indicate whether any of the following potential conflict of inte rest relationships
apply. If "Yes," please describe each situation (label with appropriate letter) using the space at the end of this Section
(attach additional pages as necessary). If no individual has been identified above, mark not applicable (N/A) her e ___.
(a) State employment, currently or in the previous 3 years, including contractual
employment of services directly with the individuals identified in Section 1 in their individual
capacity unrelated to the Vendor's contract.
Yes No
(b) State employment of spouse, father, mother, son, or daughter, including contractual
employment for services in the previous 2 years.
Yes No
(c) Elective status; the holding of elective office of the State of Illinois, the government of
the United States, any unit of local government authorized by the Constitution of the State of
Illinois or the statutes of the State of Illinois currently or in the previous 3 years.
Yes No
(d) Relationship to anyone holding elective office currently or in the previous 2 years;
spouse, father, mother, son, or daughter.
Yes No
(e) Appointive office; the holding of any appointive government office of the State of Illinois,
the United States of America, or any unit of local government authorized by the Constitution of the
State of Illinois or the statutes of the State of Illinois, which office entitles the holder to
compensation in excess of expenses incurred in the discharge of that office currently or in the
previous 3 years.
Yes No
(f) Relationship to anyone holding appointive office currently or in the previous 2 years;
spouse, father, mother, son, or daughter.
Yes No
(g) Employment, currently or in the previous 3 years, as or by any registered lobbyist of the
State government.
Yes No
(h) Relationship to anyone who is or was a registered lobbyist in the previous 2 y ears;
spouse, father, mother, son, or daughter.
Yes No
(i) Compensated employment, currently or in the previous 3 years, by any registered
election or re-election committee registered with the Secretary of State or any county clerk in the
State of Illinois, or any political action committee registered with either the Secretary of State or
the Federal Board of Elections.
Yes No
(j) Relationship to anyone; spouse, father, mother, son, or daughter; who is or was a
compensated employee in the last 2 years of any registered election or reelection committee
registered with the Secretary of State or any county clerk in the State of Illinois, or any political
action committee registered with either the Secretary of State or the Federal Board of Elections.
Yes No
3
Section 2: Section 50-13 Conflicts of Interest (All Vendors must complete this section)
(a) Prohibition. It is unlawful for any person holding an elective office in this State, holding a seat in the General Assembly, or
appointed to or employed in any of the offices or agencies of State government and who receives compensation for such
employment in excess of 60% of the salary of the Governor of the State o f Illinois [$106,447.20], or who is an officer or employee
of the Capital Development Board or the Illinois Toll Highway Authority, or who is the spouse or minor child of any such pers on to
have or acquire any contract, or any direct pecuniary interest in any contract therein, whether for stationery, printing, paper, or
any services, materials, or supplies, that will be wholly or partially satisfied by the payment of funds appropriated by the General
Assembly of the State of Illinois or in any contract of t he Capital Development Board or the Illinois Toll Highway Authority.
(b) Interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in subsectio n (a) is
entitled to receive (i) more than 7 1/2% of the total distributable income or (ii) an amount in excess of the salary of the Governor
($177,412.00], to have or acquire any such contract or direct pecuniary interest therein.
(c) Combined interests. It is unlawful for any firm, partnership, association, or corporation, in which any person listed in
subsection (a) together with his or her spouse or minor children is entitled to receive (i) more than 15%, in the aggregate, of the
total distributable income or (ii) an amount in excess of 2 times the salary of t he Governor [$354,824.00], to have or acquire any
such contract or direct pecuniary interest therein.
Check One: No Conflicts Of Interest
Potential Conflict of Interest (If checked, name each conflicted individual, the nature of the conflict,
and the name of the State agency that is associated directly or indirectly with the conflicted
individual.)
Section 3: Debarment/Legal Proceeding Disclosure (All Vendors must complete this section).
Each of the persons identified in Sections 1, 2 and 3 must each identify any of the following that occurred within the previous 10
years:
Debarment from contracting with any governmental entity Yes No
Professional licensure discipline Yes No
Bankruptcies Yes No
Adverse civil judgments and administrative findings Yes No
Criminal felony convictions Yes No
If any of the above is checked yes, please identify with descriptive information the nature of the debarment and legal procee ding.
The State reserves the right to request more information, should the information need further clarification.
Section 4: Disclosure of Business Operations with Iran (All Vendors must complete this section).
In accordance with 30 ILCS 500/50-36, each bid, offer, or proposal submitted for a State contract, other than a small purchase
defined in Section 20-20 [of the Illinois Procurement Code], shall include a disclosure of whether or not the bidder, offeror, or
proposing entity, or any of its corporate parents or subsidiaries, within the 24 m onths before submission of the bid, offer, or
proposal had business operations that involved contracts with or provision of supplies or services to the Government of Iran,
companies in which the Government of Iran has any direct or indirect equity share, c onsortiums or projects commissioned by the
Government of Iran and:
(1) more than 10% of the company’s revenues produced in or assets located in Iran involve oil -related activities or
mineral-extraction activities; less than 75% of the company’s revenues produc ed in or assets located in Iran involve
contracts with or provision of oil-related or mineral – extraction products or services to the Government of Iran or a
project or consortium created exclusively by that Government; and the company has failed to take substantial action;
or
(2) the company has, on or after August 5, 1996, made an investment of $20 million or more, or any combination of
investments of at least $10 million each that in the aggregate equals or exceeds $20 million in any 12 - month period
that directly or significantly contributes to the enhancement of Iran’s ability to develop petroleum resources of Iran.
4
A bid, offer, or proposal that does not include this disclosure shall not be considered responsive. We may consider this
disclosure when evaluating the bid, offer, or proposal or awarding the contract.
You must check one of the following items and if item 2 is checked you must also make the necessary disclosure:
There are no business operations that must be disclosed to comply with the above cited law.
The following business operations are disclosed to comply with the above cited law:
Section 5: Current and Pending Contracts (All Vendors must complete this section).
Does the Vendor have any contracts pending contracts, bids, proposals or other ongoing procurement relationships with units o f
State of Illinois government? Yes No
If yes, please identify each contract, pending contract, bid, proposal and other ongoing procurement relationship it has with units
of State of Illinois government by showing agency name and other descriptive information such as bid number, project title,
purchase order number or contract reference number.
Section 6: Representative Lobbyist/Other Agent (All Vendors must complete this section).
Is the Vendor represented by or employing a lobbyist required to register under the Lobbyist Registration Act or other agent who
is not identified under Sections 1 and 2 and who has communicated, is communica ting, or may communicate with any State
officer or employee concerning the bid, offer or contract? Yes No
If yes, please identify each agent / lobbyist, including name and address.
Costs/Fees/Compensation/Reimbursements related to assistance to obtain contract (describe):
Vendor certifies that none of these costs will be billed to the State in the event of contract award. Vendor must file this
information with the Secretary of State.
This Disclosure is signed and made under penalty of perjury pursuant to Sections 500/50 -13 and 500/50-35(a) of the
Illinois Procurement Code.
This Disclosure information is submitted on behalf of:
(Vendor/Subcontractor Name)
Name of Authorized Representative:
Title of Authorized Representative:
Signature of Authorized Representative:
Date:
Have a question or comment about this agenda item?
Call us Monday-Friday, 8:00am to 4:30pm at 630-553-4350, email us at agendas@yorkville.il.us, post at www.facebook.com/CityofYorkville,
tweet us at @CityofYorkville, and/or contact any of your elected officials at http://www.yorkville.il.us/gov_officials.php
Agenda Item Summary Memo
Title:
Meeting and Date:
Synopsis:
Council Action Previously Taken:
Date of Action: Action Taken:
Item Number:
Type of Vote Required:
Council Action Requested:
Submitted by:
Agenda Item Notes:
See attached memo.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
EDC #1
Tracking Number
EDC 2015-21
Vacant Building Registration Program
City Council – July 14, 2015
N/A
N/A
N/A
Majority
Approval
Proposed new vacant building registration program for commercial, industrial and
residential properties.
Krysti Barksdale-Noble, AICP Community Development
Name Department
Background
As the Economic Development Committee may recall during the June 2015 meeting, staff
proposed the creation of a Vacant Property Registration Program which will allow the City to keep
track of properties in foreclosure, perform more in-depth inspections of vacant properties (residential
and commercial) before substantial issues occur, and generate additional revenue to cover staffing
time to implement such an ordinance. The proposed annual registration fee of $250 would include a
$200 vacant building fee and a $50 inspection fee. These fees are per building, per year as long as the
building(s) remain vacant.
At the June meeting, the Economic Development Committee expressed some reservations
with regards to the scope of authority the proposed ordinance would allow City Building Officials to
inspect private properties as well as the fees imposed. Staff was asked to follow-up with a survey of
those communities which have enacted the same or similar Vacant Property Registration Programs.
Additional Research
Attached is a listing of approximately ninety (90) communities within Illinois that have
registration programs for vacant, derelict or foreclosed buildings including the effective date and
fees. The fees for these similar programs range from $0 to $1,500 (average fee $173.00) and have
ordinance effective dates as early as 1998. It is also important to note, that most communities with
Vacant Building Registration Ordinance also have a separate Rental Property Registration programs
which appears to work hand-in-hand with addressing high vacancies in apartment structures that
might not meet the standard of a vacant building but may have comparable property maintenance
code violation issues.
Additionally, staff has attached a few sample ordinances from various communities which
provides for the similar discretion with regards to determination of a vacant building and authority to
inspect vacant buildings as the ordinance being proposed. These communities include Evanston,
Illinois; Lemont, Illinois; Melrose Park, Illinois and Lisle, Illinois.
Finally, staff found two (2) compelling research items which supports the use of a vacant
building registry ordinance as a tool to address potential at-risk properties and neighborhoods from
further blight and deterioration as a result of extended vacancy. The first is a recent case study
prepared in 2013 by the Metropolitan Planning Council, an organization of business and civic leaders
committed to the promotion and implementation of planning and development policies in the
Chicago region, evaluates the success the Village of Mount Prospect has had in bringing vacant, non-
compliant properties up to code to reduce neighborhood blight and instability. The last report was
prepared by Business and Professional People for the Public Interest, CMAP and Metropolitan
Mayors Caucus in 2010. It is a “how-to” tool kit for municipalities challenged with vacant properties
Memorandum
To: Economic Development Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: June 30, 2015
Subject: Vacant Property Registration Program
in their communities and specifically advocates the adoption of a Vacant Building Registry. Both
reports are attached for your review.
Staff Recommendation
Staff believes the proposed Vacant Building Registry Program is a reasonable and
responsible response to those residential and commercial properties which have remained vacant for
an extended period of time due to foreclosure and abandonment. Since 2010, there have been
approximately 1,257 foreclosure filings Yorkville according to www.public-record.com which tracks
real estate transactions for all counties in Illinois. This represents nearly 20% of the City’s current
housing stock, which means at one point or another, a healthy portion of Yorkville’s buildings were
vacant and/or unoccupied in the last five (5) years. Therefore, it is staff’s recommendation to adopt
the proposed Vacant Building Registry Program which is in line with over 80 communities in the
State with regard to ordinance regulations and fees.
Should the EDC consider favorably of this request, the City Attorney has prepared an
ordinance which is attached for your review. We ask that this is presented at the next City Council
meeting for a vote. Staff will be available at the meeting to answer any questions from the
Committee regarding this agenda item.
Background
As the Economic Development Committee may recall during the March 2015 meeting, staff
brought up the possibility of proposing additional revenue programs to supplement the B.U.I.L.D.
incentive should the City Council approve its extension until the end of the year. Since that time, we
have worked with the City Attorney to create a Vacant Property Registration Program which will
allow the City to keep track of properties in foreclosure, perform more in-depth inspections of vacant
properties (residential and commercial) before substantial issues occur and generate additional
revenue to cover staffing time to implement such an ordinance.
The proposed annual registration fee of $250 includes a $200 vacant building fee and a $50
inspection fee. These fees are per building, per year as long as the building(s) remain vacant.
Attached is a memorandum from the City Attorney’s office which explains the municipality’s
authority to enact such a program and a draft ordinance for consideration.
Proposal Request
Below is a brief summary of the more compelling components of the ordinance such as the
establishment of vacancy; obligation to register vacant buildings; and enforcement and penalties.
Establishing Vacancy
Per the attached draft ordinance, staff is seeking to implement a Vacant Property Registration
Program for the purpose of identifying, registering and regulating buildings that are deemed vacant.
The following standards or evidence of vacancy, per the proposed ordinance, must include a
combination of such conditions:
1. Substantially all lawful residential or business activity has ceased.
2. The percentage of the overall square footage of occupied to unoccupied space or the overall
number of occupied and unoccupied units.
3. The building is substantially devoid of contents.
4. The condition and value of fixtures or personal property in the building.
5. The lack of utility services (water, sewer, electric or natural gas).
6. The building is the subject of a foreclosure action.
7. The presence or recurrence of uncorrected code violations.
8. Overgrown and/or dead vegetation.
9. Accumulation of newspapers, circulars, fliers and/or mail.
10. Abandonment by owner.
Memorandum
To: Economic Development Committee
From: Krysti J. Barksdale-Noble, Community Development Director
CC: Bart Olson, City Administrator
Date: May 19, 2015
Subject: Vacant Property Registration Program
Additionally, the proposed ordinance would give the City the authority to not only externally
inspect such vacant buildings, but enter upon any and all premises and within any and all unsecured
structures upon determining the status of vacancy.
Obligations to Register Vacant Buildings
With regards to the obligations of the owners of vacant buildings under this proposed
ordinance, they are required to register the property with the City as follows:
• Completion of a registration form with pertinent information regarding the property,
such as address, case name/number of any pending litigation, and contact for property
maintenance.
• Payment of a $250 annual fee, per building, which includes $200 for registration of
the vacant building and $50 for building inspection.
• Proof of Insurance for as long as the building remains vacant. A copy will be required
to be kept with the application which requires the following coverage:
o $500,000 for vacant residential building with one to three units
o $750,000 for vacant residential building with four to eleven units
o $1,000,000 for vacant residential building with twelve to forty-eight units
o $2,000,000 for vacant residential building with more than forty-eight units,
manufacturing buildings, industrial buildings, storage or nonresidential
commercial buildings.
• Submission of a Vacant Building Plan which shall contain some of the following
information:
o Plan of action to repair or remedy any building violations, public nuisances or
methods to secure the property.
o Time schedule to commence and complete such repairs or demolish structure.
o Plan of action to maintain the building and maintain conformance.
o A date or time schedule of when the building will be habitable and occupied
or offered for occupancy or sale.
o Requirement for exterior lighting to be maintained for all vacant commercial
buildings.
Enforcement and Penalties
Non-compliance by an owner of a vacant building with any of the obligations in the proposed
ordinance is considered a violation of the City Code which is subject to a minimum fine of $100 per
day per violation to a maximum fine of $750 per day per violation.
Potential Revenue
In 2013, the City began receiving notices from banks and mortgage lending institutions when
properties in foreclosure are legally transferred into their possession. Additionally, staff has
independently researched foreclosure trends within the City and provided periodic reports to the
Economic Development Committee as an informational item.
Between January 2013 and December 2014, the staff has tracked approximately 250 new
foreclosure fillings in Yorkville. The chart on the following page illustrates the foreclosures by
month for the years 2013 and 2014.
Had the proposed Vacant Building Registration ordinance been in effect during that time, the
bank or mortgage lending institution would have been required to register each building as a vacant
property and submit an annual registration and inspection fee of $250 per building, totaling $62,500
of potential missed revenue.
Staff Comments
Staff is seeking direction from the Economic Development Committee regarding the
proposed Vacant Building Registration Program. While this ordinance may not reduce the number of
vacant buildings and nuisance properties within the City, it will allow for better tracking,
administration, enforcement and ability to impose greater fines to those owners of delinquent and
vacant buildings. It may also prove to be an additional revenue stream to help defray the loss revenue
of B.U.I.L.D. program.
Should the EDC consider favorably of this request, the City Attorney has prepared an
ordinance extending the program until December 31, 2015 which is attached for your review. We ask
that this is presented at the next City Council meeting for a vote. Staff will be available at the
meeting to answer any questions from the Committee regarding this agenda item.
Jan. Feb. March April May June July Aug. Sept. Oct. Nov. Dec.
2013 Total 15 12 11 21 6 9 16 8 12 18 11 8
2014 Total 13 9 9 8 8 8 11 3 12 7 11 4
0
5
10
15
20
25
Foreclosures
2013-2014 Foreclosures
6/2/2015 Pr int Page
http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 1/6
Your search return ed 1 10 results
S earch Criteria
City: Allcities
S tate: Illinois
Zip Code:
Code C omplian ce Type: Property Registration
City State Fee Ordin ance Name Effective Date
Alsip Illinois $20 0.00 Alsip Vacant Property Registration
Ordin an ce
10/06 /20 08
Aurora Illinois $40 .0 0 Aurora Property Registration Ordinance
(Rental Properties in cluded)
10/14 /20 08
Bartlett Illinois $20 0.00 Bartlett Vacant Building Registration
Ordin an ce
03/01 /20 13
Beardstown Illinois $5 per u nit,
per year.
Beardstown Ren tal Housin g In spection
Ordin an ce
09/04 /20 11
Beardstown Illinois $5.00 for each
un it
Beardstown Residential Rental Property
Registration
09/04 /20 01
Beardstown Illinois $50 0.00 Beardstown Vacant Building Registration
Ordin an ce
05/22 /20 12
Belleville Illinois $25 .0 0 per
Rental Unit.
Belleville Rental Property Registration 09/16 /20 13
Bellwood Illinois $50 .0 0 Bellwood Vacan t Property Registration
Ordin an ce
07/19 /20 02
Berkeley Illinois $50 .0 0 Berkeley Foreclosure Notification
Ordin an ce
01/20 /20 09
Berwyn Illinois N/A Berwyn Vacant Building Registration
Ordin an ce
08/10 /20 10
Bloomington Illinois $10 0.00 Bloomington Derelict Building
Registration Ordinance
Bloomington Illinois $30 for rating
A or B; $13 0
fo
Bloomington IL Ren tal Property
Registration
Bloomington Illinois $30 Bloomington Rental Property
Registration
Blue Islan d Illinois $20 0.00 Blue Islan d Vacan t Property Registration
Ordin an ce
6/2/2015 Pr int Page
http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 2/6
Bolin gbrook Illinois $35 .0 0 Bolin gbrook Rental Registration
Ordin an ce
11/15 /20 11
Bolin gbrook Illinois N/A Bolin gbrook Vacan t Dwelling Ordin an ce 11/15 /20 11
Bourbon nais Illinois $25 ; an nually,
$35 in spection
Bou rbon nais Ren tal Property
Registration
07/06 /20 10
Broadview Illinois $25 0.00 Broadview Vacan t Property Registration
Ordin an ce
05/03 /20 10
Calum et
City
Illinois $50 .0 0 Calu met City Rental Registration
Ordin an ce
06/27 /20 09
Calum et
City
Illinois $20 0.00 Calu met City Vacant Bu ildin g
Registration Ordinance
07/14 /20 11
Campton
Hills
Illinois $50 .0 0 Campton Hills Vacant Property
Registration Ordinance
04/21 /20 11
Centralia Illinois $0.00 Cen tralia Vacant Bu ildin g Registration
Ordin an ce
06/25 /20 12
Cham paign Illinois $30 0.00 Champaign Nuisan ce Residen tial
Building Registration Ordinance
11/01 /20 12
Chicago Illinois $25 0.00 Chicago Registration of Foreclosed
Ren tal Properties
07/25 /20 12
Chicago Illinois $50 0.00 Chicago Vacan t Building Ordin ance 11/02 /20 11
Cicero Illinois $20 0.00 Cicero Vacant Property Registration
Ordin an ce
10/14 /20 08
Cook Cou nty Illinois $25 0.00 Cook Cou nty Vacant Property
Registration Ordinance
02/12 /20 12
Cortland Illinois $12 5.00 Cortland Vacant Bu ildin g Registration
Ordin an ce
06/28 /20 10
Countryside Illinois $.10 sq ft Cou ntryside Vacant Property
Registration Ordinance
08/13 /20 08
Dan ville Illinois $50 .0 0 Danville Vacant Property Registration
Ordin an ce
01/01 /20 09
Deerfield Illinois $0 Deerfield Notice of Foreclosure
Registration
Dolton Illinois $50 .0 0 Dolton Vacant Building Registration
Ordin an ce
11/02 /20 09
East Du ndee Illinois $50 .0 0 E ast Du ndee Vacant Property
Registration Ordinance
05/05 /20 08
East Sain t
Louis
Illinois $35 0.00 E ast Sain t Louis Vacan t an d Aban doned
Building Registration Ordinance
07/18 /20 11
Elgin , IL Illinois NA E lgin Il Ren tal Property Orin an ce 07/06 /20 07
Elgin Illinois $20 0.00 E lgin Vacant Residen tial Buildin gs
Registration Ordinance
6/2/2015 Pr int Page
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Elmwood
Park
Illinois $25 + $10 for
each addl unit
E lm wood Park Rental Property
Registration Ordinance
Elmwood
Park
Illinois In itial :$50 +
$10 0
inspection
E lm wood Park Vacan t Building
Registration Ordinance
08/30 /20 12
Evan ston Illinois $90 0.00 E vanston Vacant Property Registration
Ordin an ce
01/23 /20 04
Forest Park Illinois N/A Forest Park Vacant Building Registration
Ordin an ce
01/11 /20 10
Fran klin
Park
Illinois $15 0.00 Franklin Park Vacan t Building
Registration Ordinance
09/08 /20 09
Freeport Illinois $25 sin gle,
$35 2 4 Units
Freeport Ren tal Property Registration
Ordin an ce
12/02 /20 13
Galesbu rg Illinois $15 per unit Galesbu rg IL Rental Property
Registration Ordinance
Gilberts Illinois $20 0.00 Gilberts Vacant Building Registration
Ordin an ce
Glen dale
Heights
Illinois Sin gle Family
Homes,
Townhomes
Glendale Heigh ts Ren tal Property
Registration
10/21 /20 04
Glen dale
Heights
Illinois $10 0.00 Glendale Heigh ts Vacant Buildin g
Registration Ordinance
03/19 /20 09
Glen view Illinois $20 0.00 Glenview Vacant Property Registration
Ordin an ce
05/05 /20 09
Gran ite City Illinois $0.00 Gran ite City Vacant Property
Registration Ordinance
02/15 /20 11
Harvey Illinois $20 0.00+Harvey Vacant Building Registration
Ordin an ce
Harwood
Heights
Illinois $20 0.00 Harwood Heights Vacant Bu ildin g
Registration Ordinance
01/08 /20 09
Hersch er Illinois $10 0.00 Hersch er Abandon ed, Dangerou s,
Vacant, or Unoccu pied Building
Registration Ordinance
10/03 /20 11
Hinsdale Illinois $10 0.00 Hin sdale Vacant Bu ildin g Registration
Ordin an ce
10/07 /20 08
Homer Glen Illinois $0.00 Homer Glen Vacant Bu ildin g Registration
Ordin an ce
06/27 /20 06
Jacksonville Illinois $50 .0 0 Jacksonville Vacan t an d Neglected
Building Registration Ordinance
08/27 /20 07
Joliet Illinois $0.00 Joliet Vacant Bu ilding Registration
Ordin an ce
Kane
County
Illinois $50 .0 0 Kan e Coun ty Vacant Dwellin g
Registration Ordinance
07/01 /20 10
6/2/2015 Pr int Page
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Kankakee Illinois $30 0.00 Kan kakee Vacan t Property Registration
Ordin an ce
02/17 /20 09
Lake Forest Illinois $0.00 Lake Forest Distressed Bu ildin g
Registration Ordinance
Lemon t Illinois 0.00 Lem on t Vacan t Property Registraton
Ordin an ce
08/23 /20 10
Lyon s Illinois $20 0; $1 00
In sp Fee
Lyon s Vacant Bu ildin g and Property
Regulations Ordinance
10/21 /20 08
Maywood Illinois $25 0.00 Maywood Vacan t Building Registration
Ordin an ce
03/17 /20 09
Melrose Park Illinois $20 0.00 Melrose Park Vacan t Building
Registration Ordinance
01/12 /20 09
Midlothian Illinois $10 0.00 Midlothian Vacan t Property Registration
Ordin an ce
01/01 /20 12
Min ooka Illinois $0.00 Minooka Vacan t Building Registration
Ordin an ce
03/23 /20 12
Mokena Illinois $10 0.00 Mokena Vacan t Property Registration
Ordin an ce
01/11 /20 10
Morton
Grove
Illinois $20 0.00 Morton Grove Vacan t Building
Registration Ordinance
01/25 /20 10
Moun t
Prospect
Illinois N/A Mount Prospect Vacant Structu re
Registration Ordinance
01/17 /20 06
Mu ndelein Illinois $35 .0 0 per
address
Mun delein Rental Property Registration 12/14 /20 09
New Lenox Illinois $50 .0 0 New Lenox Vacan t Property Registration
Ordin an ce
02/04 /20 10
Niles Illinois $20 0.00 Niles Vacan t Building Maintenance
Ordin an ce
10/24 /20 06
Normal Illinois $10 0.00 Normal Vacan t Property Registration
Ordin an ce
North
Barrington
Illinois $20 0.00 North Barrin gton Vacant Property
Registration Ordinance
03/23 /20 11
North
Chicago
Illinois $30 0.00 North Chicago Vacan t Building
Registration Ordinance
04/04 /20 11
North
Riverside
Illinois $17 5.00 North Riverside Vacant Building
Registration Ordinance
Northbrook Illinois $20 0.00+Northbrook Aban doned Property
Registration Ordinance
08/28 /20 07
Oak Forest Illinois $20 0.00 Oak Forest Vacant Property Registration
Ordin an ce
07/23 /20 08
Oak Lawn Illinois $25 0.00 Oak Lawn Vacant Property Registration 02/12 /20 12
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Ordin an ce
Oak Park Illinois $20 0 Vacan t /
$0 Unoccupied
Oak Park Vacant Property Registration
Ordin an ce
11/17 /20 08
Park Forest Illinois $20 0.00 Park Forest Vacant Property Registration
Ordin an ce
06/22 /20 09
Peoria Illinois $50 .0 0 Peoria NonOwner Occupied Stru cture
Registration Ordinance
Peoria Illinois $50 .0 0 Peoria Vacant Lot Registration
Ordin an ce
01/18 /20 08
Peru Illinois $20 0.00 Peru Vacant Bu ilding Registration
Ordin an ce
07/13 /20 11
Rantoul Illinois $40 .0 0 Ran toul Vacan t Property Registration
Ordin an ce
05/08 /20 07
Red Bud Illinois $25 .0 0 Red Bud Vacan t Property Registration
Ordin an ce
11/04 /20 08
River Grove Illinois $20 0.00 River Grove Vacan t Building Registration
Ordin an ce
11/17 /20 11
Riverdale Illinois $50 .0 0 Riverdale Vacant Property Registration
Ordin an ce
Riverwoods Illinois N/A Riverwoods Vacant Building Registration
Ordin an ce
12/07 /20 10
Rockford Illinois N/A Rockford Rental Property Registration
Ordin an ce
02/13 /20 13
Sauk Village Illinois $25 0.00 Sau k Village Vacan t Building
Registration Ordinance
12/10 /20 13
Schaumburg Illinois $0 Schaumburg Vacant Property
Registration Ordinance
06/23 /20 09
Schiller Park Illinois $10 0.00 Schiller Park Vacant Property
Registration Ordinance
02/23 /20 10
South
Chicago
Heights
Illinois $20 0.00 Sou th Ch icago Heigh ts Vacan t Property
Registration Ordinance
04/19 /20 10
South Elgin Illinois $50 .0 0 Sou th Elgin Vacan t Property
Registration Ordinance
04/20 /19 98
Springfield Illinois $30 0.00 Springfield Property Registration
Ordin an ce
10/20 /20 11
Stream wood Illinois N/A Streamwood Vacan t Property
Registration Ordinance
Streator Illinois $20 0.00 Streator Vacan t Building Registration
Ordin an ce
University
Park
Illinois $10 0.00 Un iversity Park Vacan t Property
Registration Ordinance
6/2/2015 Pr int Page
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Urbana Illinois Sin gle F$5 0
for single
family,
Urbana Rental Property Registration 01/16 /20 07
Urbana Illinois $15 0.00 Urbana Vacan t Property Registration
Ordin an ce
Villa Park Illinois $20 0.00 Villa Park Vacant Residential Bu ilding
Registration Ordinance
02/23 /20 09
Golf Illinois $15 00;
$10 00
Com pliance
In sp d
Village of Golf Vacant Bu ildin g
Registration Ordinance
08/10 /20 10
Hillside Illinois $50 .0 0 Village of Hillside Vacant Bu ildin g
Registration Ordinance
05/18 /20 09
Lansing Illinois $20 0.00 Village of Lansing Vacant Buildin g
Registration Ordinance
Lisle Illinois $20 0.00 +Village of Lisle Vacant Bu ildin g
Registration Ordinance
06/21 /20 10
Virginia Illinois $50 0.00 Virginia Vacant Bu ildin g Registration
Ordin an ce
02/11 /20 08
Volo Illinois $20 0.00 Volo Vacan t Property Registration
Ordin an ce
02/22 /20 11
Warren ville Illinois $17 5.00 Warren ville Vacant Building Registration
Ordin an ce
01/18 /20 12
Wau kegan Illinois $25 0.00 Waukegan Vacan t Structu re
Registration Ordinance
04/19 /20 10
Willow
Springs
Illinois $15 0.00 Willow Springs Vacant Property
Registration Ordinance
01/26 /20 12
Zion Illinois $75 .0 0 Zion Vacant Buildin g BoardUp
Registration Ordinance
11/02 /20 10
01/23/2004, 11/21/2003
110-O-03
AN ORDINANCE
Adding a New Chapter 20 to
Title 4 of the City Code, “Vacant Buildings”
WHEREAS, buildings that are indefinitely vacant or indefinitely vacant and in a state
of disrepair or boarded (collectively, “vacant buildings”) are public nuisances in that they
contribute to the decrease in value of surrounding properties, precipitate disinvestment by
neighboring owners, provide a location for criminal activity, undermine the aesthetic
character of the neighborhood and City, and have other undesirable effects; and
WHEREAS, vacant buildings, especially those which remain boarded for more than
six (6) months, are unsightly and diminish neighboring property values and neighbors’
sense of well-being, and are a public nuisance; and
WHEREAS, allowing certain buildings to remain indefinitely vacant even in the
absence of Code violations or boarding is detrimental to the public health, safety, and
welfare; unreasonably interferes with the reasonable and lawful use and enjoyment of other
premises within the neighborhood; may pose an extraordinary danger to police officers or
firefighters entering the premises in time of emergency; and detracts from the appearance
and good order of the neighborhood; all of which effects are especially associated with
such buildings which have been vacant for over two years; and
WHEREAS, registration of vacant properties and implementation of a maintenance
plan will discourage property owners from allowing their properties to remain indefinitely
110-O-03
- 2 -
vacant or indefinitely vacant and in a state of disrepair and will thereby provide a basis for
the return of vacant properties to the housing stock;
WHEREAS, the City of Evanston, as a home rule municipality, is empowered
pursuant to Article VII, Section 6a of the 1970 Illinois Constitution to enact legislation
pertaining to its “government and affairs”; and
WHEREAS, the definition, prohibition, and abatement of public nuisances pertain to
the government and affairs of the City of Evanston; and
WHEREAS, the City has statutory power to define, prohibit, and abate public
nuisances pursuant to 65 ILCS 5/11-60-2 of the Illinois Municipal Code; and
WHEREAS, the City Council, through its Planning and Development Committee
conducted a fact-finding meeting on January 12, 2004, regarding the risks posed by the
aforedescribed buildings and their effect on the neighborhood, at that meeting and at other
meetings heard citizens, elected officials, members of the City’s Police and Community
Development Departments and an appraiser describe their experience and concerns posed
thereby; and
WHEREAS, the City Council adopts the “broken window” concept among the
rationales for this Ordinance; and
WHEREAS, the “broken window” concept is that one broken window, left unrepaired,
leads to more broken windows as it gives the appearance that no one cares or protects the
property; that that building becomes increasingly more deteriorated, and that the
deterioration may have a ripple effect; and
110-O-03
- 3 -
WHEREAS, the abatement of nuisance caused by vacant buildings, repair and
rehabilitation of vacant properties and their subsequent occupancy is in the best interests of
the citizens of Evanston; and
WHEREAS, an ordinance providing for the declaration of certain boarded and/or
vacant buildings as a public nuisance and providing for their abatement is a means for the
City to use in maintaining sanitation and health standards, preventing crime, and avoiding
fire, health, and safety hazards and minimizing or eliminating the effect such buildings have
on the personal and economic well-being of the neighborhood,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That the above recitations are found as fact and made a part hereof.
SECTION 2: That the Evanston City Code of 1979, as amended, be and it hereby
is, further amended, by adding a new Chapter 20 to Title 4, “Vacant Buildings”:
Section 4-20-1: Declaration of Policy.
The purpose of this Chapter is to protect the public health, safety, and welfare by
enactment of this ordinance which:
(A) Establishes a program for identification, registration, and regulation of buildings
which are or become vacant on and after the effective date of this Chapter.
(B) Determines the responsibilities of owners of vacant buildings.
(C) Provides for administration, enforcement, including abatement of public nuisances,
and imposition of penalties.
This Chapter shall be construed liberally to effect its purposes.
110-O-03
- 4 -
Section 4-20-2: Other Ordinances.
This Chapter shall not be construed to prevent the enforcement of other applicable
ordinances, codes, legislation, and regulations which prescribe standards other than are
provided herein, and in the event of conflict, the most restrictive shall apply.
Section 4-20-3: Definitions.
Unless otherwise expressly stated or clearly indicated by the context, the following terms
shall, for the purpose of this Chapter, have the meanings indicated in this Section.
(A) Building: Any structure occupied or intended for supporting or sheltering any
occupancy.
(B) Dangerous building: A building defined as a “dangerous, unsafe building” in
Section 4-15-1 of the City Code, as it may be amended. Such buildings are public
nuisances.
(C) Boarded Building: A building which has had, in a manner intended to be temporary
or permanent, any or all openings, which openings are windows or doors which were
present for the purpose of light, ventilation or egress, some material whether
opaque, solid or transparent, affixed to such openings, from the interior or exterior of
the building, for the purpose of securing or preventing access or damage to the
building or its components.
(D) Director: The Director of Community Development or his or her designee.
(E) Unoccupied building: 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 the Director pursuant to authority granted to him by the Code.
In determining the whether a building is “unoccupied”, the Director may consider
these factors, among others:
1. A building at which substantially all lawful residential or business
activity has ceased.
2. The percentage of the overall square footage of occupied to
unoccupied space or the overall number of occupied and unoccupied
units shall be considered.
110-O-03
- 5 -
3. The building is substantially devoid of contents. The condition and
value of fixtures or personal property in the building are relevant to
this determination.
4. The building lacks utility services, i.e. water, sewer, electric or natural
gas.
5. The building is the subject of a foreclosure action.
6. The building is not actively for sale as part of a contractual agreement
to sell the building, the building lacks “for sale”, “for rent” or similar
signage.
7. The presence or recurrence of uncorrected Code violations.
(F) Owner: Any person, agent, operator, firm, or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county, or
municipality 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.
(G) Person: Includes a corporation, a partnership, or other entity as well as an
individual.
(H) Premises: A lot, plot or parcel of land including any structure thereon.
(I) Public Nuisance: Includes the following:
1. The physical condition, or uses of any building regarded as a public
nuisance at common law, under the Illinois Compiled Statutes, or
under the Evanston City Code; or
2. Any physical condition, use or occupancy or any building or its
appurtenances considered an attractive nuisance to children,
including, but not limited to, abandoned wells, shafts, basements,
excavations, and unsafe fences or structures; or
3. Any building which has unsanitary sewerage or plumbing facilities; or
110-O-03
- 6 -
4. Any building designated by the Director as unsafe for human
habitation or use; or
5. Any building which is manifestly capable of being a fire hazard, or
manifestly unsafe or insecure as to endanger life, limb or property; or
6. Any building which is unsanitary, or which is littered with rubbish or
garbage, or which has an uncontrolled growth of weeds; or
7. Any building that is dangerous, in a state of dilapidation, deterioration
or decay; faulty construction; open or vacant and the doors, windows,
or other openings are boarded up or secured, by any means other
than conventional methods used in the design of the building or
permitted for new construction of similar type; damaged by fire to the
extent as not to provide shelter, in danger of collapse or failure and
dangerous to anyone on or near the premises.
8. Any building defined as a “dangerous, unsafe building” by
Section 4-15-1 of the City Code, as it may be amended.
(J) Vacant building: A building or portion of a building which is:
1. Unoccupied and unsecured; or
2. Unoccupied and secured by boarding or other similar means; or
3. Unoccupied and a dangerous structure; or
4. Unoccupied and condemned by the Director pursuant to applicable
provisions of the City Code; or
5. Unoccupied and has multiple City Code violations; or
6. Unoccupied and the building or its premises has been the site of
unlawful activity within the previous six (6) months; or
7. Condemned by the Director and unlawfully occupied; or
8. Unoccupied for over one hundred eighty (180) days and during which
time the Director has issued an order to correct public nuisance
110-O-03
- 7 -
conditions and same have not been corrected in a code-compliant
manner; or
9. Unoccupied for over two (2) years.
But not including:
Unoccupied buildings which are undergoing construction, renovation, or
rehabilitation and which are in compliance with all applicable ordinances,
codes, legislation, and regulations, and for which construction, renovation or
rehabilitation is proceeding diligently to completion.
Section 4-20-4: “Vacant Building” Determination.
Within sixty (60) days after the effective date of this Chapter, the Director shall evaluate all
buildings in the City he believes to be unoccupied on the effective date of this Chapter and
make a determination for each as to whether the building is a “vacant building” within the
meaning of Section 4-20-3. The Director may determine that a building which meets any of
the criteria set forth in Section 4-20-3 (J) is not to be regulated under this Chapter for a
stated period, if upon consideration of reliable, substantiated and sufficient evidence, he or
she determines that regulation of the building under this Chapter would not serve the public
health, welfare, and safety and makes written findings in support of his decision. The
determination shall be in writing and shall state the factual basis for the determination. For
buildings the Director determines to be “vacant buildings”, he shall, within seven (7) days of
making that determination, send notice of his written determination with the factual findings
to the last taxpayer of record listed on the most recent Cook County tax roll. Said notice of
determination shall be sent first-class United States Mail, with proper postage prepaid.
Failure of delivery shall not excuse a person from complying with this Chapter. The
Director may 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.
The Director shall maintain an affidavit of such mailing for each notice of determination
sent.
The notice shall specify a date and time on which the owner shall allow for a Code
Compliance inspection of the interior of the vacant building to determine the extent of
compliance with City property, building codes, health, fire, water and sewer codes. The
owner shall pay the $500 inspection fee to the City within thirty (30) days of the inspection.
An unpaid fee shall be a lien upon the premises.
The notice shall contain a statement of the obligations of the owner of a building
determined to be a vacant building, a copy of the registration form the owner is required to
110-O-03
- 8 -
file pursuant to Section 4-20-6, and a notice of the owner’s right to appeal the Director’s
determination.
Section 4-20-5: Appeal of Director’s Determination of “Vacant Building”.
A. An owner of a building determined by the Director to be a vacant building as
provided for in this Chapter may appeal that determination to the City Manager.
Such appeal shall be in writing and shall be filed with the City Manager within fifteen
(15) days of the date of mailing of the notice of determination. The filing of an
appeal stays the owner’s obligation to register his building as required by Section 4-
20-6. The appeal shall contain a complete statement of the reasons the owner
disputes the Director’s determination, shall set forth specific facts in support thereof,
and shall include all evidence the owner relies upon to support the appeal. The City
Manager shall decide the appeal on the basis of facts presented by the owner in his
or her written appeal and the Director’s written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the City
Manager that had the evidence been known to the Director at the time the Director
made the determination, the Director would more likely than not have determined
that the subject building was not a “vacant building” within the meaning of this
Chapter.
C. The City Manager shall send written notice of his decision to the owner within ten
(10) days of his or her receipt of the appeal. The City Manager may, but is not
required to, seek additional information from the owner. The City Manager may,
upon written notice thereof to the owner, take no more than ten (10) additional days,
to decide the appeal if he or she determines that such additional time is required for
consideration of the appeal.
D. An owner who wishes to challenge applicability of this Chapter to his/her building
without the Director’s determination having been made, shall set forth specific facts
to support non-applicability in a writing to the Director. In the event the Director
determines that the subject building is a “vacant building”, the owner shall have the
right to appeal the Director’s determination to the City manager as provided for
herein.
Section 4-20-6: Obligation to Register Vacant Buildings.
The owner of a building who knows, or from all the facts and circumstances should know,
that his or her building is or has become a “vacant building” within the meaning of this
Chapter after the effective date of this Chapter or the owner of a building, which the
110-O-03
- 9 -
Director determines at any time to be a “vacant building”, or the owner of a building whose
appeal from the Director’s determination has been denied by the City Manager shall take
the actions provided for in this Section 4-20-6 within fifteen (15) days after either the date of
Director’s notice of determination or occurrence of the facts which would cause a
reasonable person to believe that the building was a “vacant building”, or denial of the
appeal, whichever is applicable. Registration does not exonerate the owner from
compliance with all applicable Codes and ordinances, including this Chapter, nor does it
preclude any of the actions the City is authorized to take pursuant to this Chapter or
elsewhere in the City Code.
(A) (1) (a) Register the building with the Director of Community Development, on a form
provided by the Director and pay the $200.00 annual non-prorated vacant building
registration fee. The form shall include, as a minimum, the name, street address,
and telephone number of the owner; the case name and number of any litigation
pending concerning or affecting the building, including bankruptcy cases; and the
name, street address, and telephone number of all persons with any legal interest in
the building or the premises. The form shall require the owner to identify a natural
person twenty-one (21) years of age or older who maintains a permanent address in
Cook County, Illinois to accept service on behalf of the owner with respect to any
notices the Director sends pursuant to this Chapter or service of process in any
proceeding commenced to enforce any provision of this Chapter, and file with the
Director on the registration form, the name, address, telephone number, of said
person. A street address is required. A post office box is not an acceptable
address.
(1) (b) The form shall state that the owner, by affixing his or her signature, is advised
that the City will not issue Real Estate Transfer Tax Stamps without City Inspectors
having first conducted an interior inspection for Code compliance.
(2) Renew the vacant building registration each year on the anniversary date of the
first filing for the time the building remains vacant and pay the required $200.00
annual fee; and
(3) File an amended registration within fifteen (15) days of any change in the
information contained in the annual registration. A new registration is required for
any change in ownership whatsoever.
(B) The form shall require the owner to indicate his or her “Acceptance of Notice by
Posting” consenting to service of notices sent or required to be sent, pursuant to this
Chapter, by posting on the building if the owner fails to renew the registration if
110-O-03
- 10 -
required, or maintain as current with the Director the information required regarding
the person designated to accept notice and service of process;
The owner shall allow for a Code Compliance inspection of the interior of the vacant
building and shall pay the $500 fee therefore within thirty (30) days of the inspection.
Such inspection will determine the extent of compliance with City property, building
codes, health, fire, water and sewer codes. The City shall send the inspection
report to the owner within thirty (30) days.
(C) Obtain liability insurance and maintain such insurance for as long as the building is
vacant, and file evidence of such insurance with the Director, as follows: $500,000
for a vacant residential building of one to three units; $750,000 for a vacant
residential building of four to eleven units; $1,000,000 for a vacant residential
building of twelve to forty-eight units; $2,000,000 for a vacant residential building of
more than forty-eight units; and $2,000,000 for a vacant manufacturing, industrial,
storage, or nonresidential commercial building; and
(D) Vacant Building Plan. At the time a building is registered as required herein, the
owner shall submit a vacant building plan. The Director may prescribe a form for the
plan. If the owner fails to submit the plan as provided for by this Chapter, the
Director may determine the plan. The plan shall contain the following as a minimum:
1. A plan of action to repair any doors, windows, or other openings which
are boarded up or otherwise secured by any means other than
conventional methods used in the design of the building or permitted
for new construction or similar type. The proposed repair shall result
in openings being secured by conventional methods used in the
design of the building or by methods permitted for new construction of
similar type with board removed. Boarding shall be accomplished with
materials and methods described by the Director and available from
the Director or on the City website, www.cityofevanston.org The
owner shall maintain the building in an enclosed and secure state until
the building is reoccupied or made available for immediate occupancy.
If the owner demonstrates that securing of the building will provide
adequate protection to the public, the Director of Community
Development may waive the requirement of an enclosure.
2. For buildings and premises thereof which are determined by the
Director as being or containing public nuisances, as defined in Section
4-20-3, then the vacant building plan shall contain a plan of action to
remedy such public nuisance(s).
110-O-03
- 11 -
3. A time schedule identifying a date of commencement of repair and
date of completion of repair for each improperly secured opening and
nuisance identified by the Director.
4. When the owner proposes to demolish the vacant building, then the
owner shall submit a plan and time schedule for such demolition.
5. A plan of action to maintain the building and premises thereof in
conformance with this Chapter.
6. A plan of action, with a time schedule, identifying the date the building
will be habitable and occupied or offered for occupancy or sale. The
time schedule shall include date(s) of commencement and completion
of all actions required to achieve habitability. No plan which provides
for compliance with this Chapter or, which will not, as determined by
the Director, achieve such compliance, within six (6) months, in the
case of a vacant boarded building, and two (2) years, in the case of a
vacant, unboarded, and code compliant building will be approved.
7. All premises upon which unoccupied or vacant buildings, are located
and the exteriors shall at all times be maintained in compliance with
the City Code.
8. Exterior lighting according to standards established by the Director
and available from the Director or on the City
website: www.cityofevanston.org.
(E) On written notice of the Director, provide bonded, licensed, and insured security
guard service at the building between the hours of 3:00 p.m. and 8:00 a.m. Such
service to remain in place until the Director gives written notice that the service is no
longer required. Such service shall be required when the Director makes a written
determination that the vacant building constitutes a fire hazard, is otherwise
dangerous to human life or the public welfare, involves illegal or improper use,
occupancy, or maintenance, under such conditions that boarding and securing the
building are insufficient to prevent the actual or threatened harm.
(F) Affixed to any building which is boarded, no smaller than 2’ x 2’ and compliant with
the City’s Sign Regulations Ordinance, Title 4, Chapter 12 of the City Code, and
providing the following information: the name, address, and telephone number of
the owner, and in addition, for buildings which are the subject of a foreclosure
110-O-03
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action, the name, address, and telephone number of the plaintiff and the plaintiff’s
attorney, if any, in the foreclosure action. The sign must be placed so that its
message is legible from the public way.
Section 4-20-7: Approval of Plan.
(A) The Director shall review the proposed vacant building plan in accordance with the
standards below. The Director shall send notice to the owner of the vacant building
of his determination.
(B) Standards for Plan Approval. In considering the appropriateness of a vacant
building plan, the Director shall include the following in his or her consideration and
shall make written findings as to each:
1. The purposes of this Chapter and intent of the City Council to
minimize the time a building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or
ameliorate the condition it is designed to address.
Section 4-20-8: Authority to Modify Plan, Right of Appeal.
The Director shall, upon notice to the vacant building owner, have the right to modify the
vacant building plan by modifying the dates of performance, the proposed methods of
action, or by imposing additional requirements consistent with this Chapter he or she
deems necessary to protect the public health, safety, or welfare.
Section 4-20-9: Failure to Comply with Plan. Failure to have an approved plan within
thirty (30) days of filing the registration form or failure to comply with the approved plan
shall constitute a violation of this Chapter subjecting the owner of the building to penalties
as provided in this Chapter and to any remedies the City may avail itself of as provided for
herein and elsewhere in the City Code, including but limited to, an action to compel
correction of property maintenance violations.
110-O-03
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Section 4-20-10: Other Enforcement. The registration of a vacant building shall not
preclude action by the City to demolish or to take other action against the building pursuant
to other provisions of this Chapter, the City Code, or other applicable legislation.
Section 4-20-11: Real Estate Transfer Stamps. A premises upon which is situated a
vacant building for which inspection fees or registration fees imposed pursuant to this
Chapter have not been paid in full or is not eligible for City real estate transfer tax stamps.
Unpaid fees shall be a lien upon the property.
Section 4-20-12: Certification. A Certificate of Code Compliance for Vacant Buildings
issued by the Community Development Department and payment in full of all fees imposed
pursuant to this Chapter are required prior to any occupancy of a vacant building.
Section 4-20-13: Time Restrictions—Vacant Buildings.
It is the policy of the City of Evanston that boarding is a temporary solution to prevent
unauthorized entry into a vacant building and that boarded buildings are a public nuisance.
A vacant building may not remain boarded longer than six (6) months unless an extension
of that time is part of a plan approved by the Director.
A vacant building which is unboarded and Code-compliant and for which boarding is
determined by the Director on the basis of police reports, citizen complaints, and other
information of other type considered reliable by reasonable persons, to not require boarding
to prevent unauthorized entry may not remain vacant for more than two (2) years without
an approved plan for occupancy, sale, demolition, or other disposition of the building.
Section 4-20-14: Enforcement and Penalties.
(A) Any person found to have violated any provision of this Chapter shall be subject to a
minimum fine of $100 per day per violation to a maximum of $750 per day per
violation, in addition to any other legal or equitable remedies available to the City.
Such other remedies include, but are not limited to, injunctive relief, application to a
court of competent jurisdiction for a receiver, demolition, or condemnation,
contracting for the repair or purchase of the premises, or foreclosure of any lien the
City may have thereon.
(B) A separate and distinct offense shall be committed each day on which such person
or persons shall violate the provisions of this Chapter.
(C) The City may enforce this Chapter 20 in its Administrative Adjudication System or
through the Court System. Administrative Adjudication shall be conducted in
110-O-03
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accordance with the provisions of Title 11, Chapter 1 of the City Code, as it may be
amended.
(D) Nothing herein contained shall prohibit the City from immediately condemning as
provided for in the City Code a building or taking other immediate action upon a
determination that the building is a public nuisance or poses an imminent danger to
the occupants of the building, or the public, health, safety and welfare.
Section 4-20-15: Severability.
In the event any Section of this Chapter or any part of any Section of this Chapter is
declared to be unconstitutional, such decision shall in no way affect the operation of any
other Section or part thereof the remainder of this Chapter shall remain in full force and
effect.
SECTION 3: This ordinance shall be in full force and effect from and after its
passage, approval, and publication in the manner provided by law.
SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Introduced: _________________________, 2003
Adopted: _________________________, 2004
Approved: _______________________, 2004
_____________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Approved as to form:
_________________________________
Corporation Counsel
VILLAGE OF LEMONY
ORDINANCEV
ORDINANCE ADDING CHAPTER 834 TO THE
LEMONY MUNICIPAL CODE ENTITLED
VACANT PROPERTY
ADOPTED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF LEMONY
This 23rd day of August 2010
Published in pamphlet form by
authority of the President and
Board of Trustees of the Village of
Lemont Counties of Cook Will and
DuPage Illinois this 23rd day
of August 2010
ORDINANCE
ORDINANCE ADDING CHAPTER 834 TO THE
LEMONY MUNICIPAL CODE VACANT PROPERTY
WHEREAS the Village of Lemont desires to amend Title 8 of the Lemont Municipal Code by
adding Chapter 834 entitled Vacant Property and
WHEREAS the text of Chapter 834 in its entirety is attached hereto as Exhibit A
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees of the
Village of Lemont Cook Will and DuPage Counties Illinois that the Lemont Municipal Code is hereby
amended by adding Chapter 834 Vacant Property
All Ordinances or parts of ordinances in conflict with this amendment are hereby repealed
This Ordinance shall become effective upon passage approval and publication in the manner
provided by law
PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF LEMONY COOK WILL AND DU PAGE COUNTIES ILLINOIS on this 23rd
day of August 2010
AYES NAYS PASSED ABSENT
Debby Blatzer t
Paul Chialdikas
Clifford Miklos
Rick Sniegowski
Ronald Stapleton V
Jeanette Virgilio
BRIAN K REAVES VilQge President
Att
r
CHARLENE SMOLLEN Village Clerk
Chapter 834
Vacant Properties
Sections
834010 Declaration of Policy
834020 Other Ordinances
834030 Definitions
834040 Vacant Building Determination
834050 Appeal of Commissioners Determination of Vacant Building
834060 Obligation to Register Vacant Buildings
834070 Approval of Plan
834080 Authority to Modify Plan Right of Appeal
834090 Failure to Comply with Plan
834100 Other Enforcement
834110 Certification
834120 Time Restrictions Vacant Buildings
834130 Violation Penalties
834140 Inspection Fees
834010 Declaration of policy
The purpose of this chapter is to protect the public health safety and welfare by
1 Establishing a program for identification registration and maintenance of
buildings which are or become vacant on and after the effective date of this chapter
2 Determining the responsibilities of the owners of record of vacant buildings
3 Providing for administration enforcement including the abatement of public
nuisances and imposition of penalties
This chapter shall be construed to effect its purpose
834020 Other ordinances
This chapter shall not be construed to prevent the enforcement of other applicable ordinances
codes legislation and regulations prescribing standards other than are provided herein and in
the event of conflict the most restrictive shall apply
834030 Definitions
Unless otherwise expressly stated or clearly indicated by context the following terms shall for
the purpose of this chapter have the meanings indicated in this section
Boarded building A building which has had in a manner intended to be temporary or
permanent any or all openings which openings are windows or doors which were present for the
purpose of light ventilation or egress some material whether opaque solid or transparent
affixed to such openings from the interior or exterior of the building for the purpose of securing
or preventing access or damage to the building or its components
Building Any structure used or intended for supporting or sheltering any use or occupancy
Commissioner The Building Commissioner for the Village of Lemont or his or her designee
Dangerous or unsafe building All buildings or structures that are found to pose a danger to the
life health property or safety of the public by not providing minimum safeguards to protect or
warn the public in the event of a fire or because such structure contains unsafe equipment or is
so damaged decayed dilapidated structurally unsafe or of such faulty or incomplete
construction or unstable that partial or complete collapse or systems failures are possible
Owner Any person agent operator firm or corporation having a legal or equitable interest in
the property or recorded in the official records of the state county or municipality 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
Person Includes a corporation a partnership or other entity as well as an individual
Premises A lot plot or parcel of land including any structure thereon
Unoccupied building 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 the
Commissioner pursuant to authority granted by the Village Code This definition does not
include a building that is actively for sale lease or rent as evidenced by a contractual agreement
between the homeowner of record and a licensed real estate agent or brokerage and performance
of sufficient maintenance that the building or the property on which it sits does not become a
nuisance
Vacant buildings Any building that has not been legally occupied for a consecutive period of
six months unless one of the following is true
1 The building is the subject of an active building permit for repair or rehabilitation
and the owner is progressing diligently to complete the repair or rehabilitation
2 The building meets all codes is not is a state of disrepair or deterioration is ready
for occupancy and is actively being offered for sale lease or rent or is actively being
maintained and monitored by the owner
834040 Vacant building determination
a Within 60 days after the effective date of this chapter the Commissioner shall
evaluate all buildings in the Village believed to be unoccupied on the effective date of
2
this chapter and make a determination for each as to whether the building is a vacant
building within the meaning of this chapter The Commissioner may determine that a
building which meets any of the criteria set forth in this chapter is not to be regulated
under this chapter for a stated period if upon consideration of reliable substantiated and
sufficient evidence the Commissioner determines that regulation of the building under
this chapter would not serve the public health welfare and safety and makes written
findings in support of this decision The determination shall be in writing and shall state
the factual basis for the determination
b For buildings the Commissioner determines to be vacant buildings the
Commissioner shall within seven 7 days of making that determination send notice of
this written determination with the factual findings to the last recorded person firm or
corporation in possession of the property as listed on the most recent and applicable
county recorder of deeds Said notice of determination shall be sent firstclass United
States mail with proper postage prepaid Failure of delivery shall not excuse a person
from complying with this chapter The Commissioner may 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 The Commissioner shall maintain an
affidavit of such mailing for each notice of determination sent
Furthermore the Commissioner may cause to have said notice of determination
physically attached or posted to the subject property which shall fulfill the service
requirements of this chapter
c The notice shall specify a date and time on which the owner may voluntarily
allow for a code compliance inspection of the interior of the vacant building and
surrounding yards and property to determine the extent of compliance with Village
property building health fire and plumbing codes The notice shall contain a statement
of the obligations of the owner of a building determined to be vacant a copy of the
registration form the owner is required to file pursuant to section this Chapter and a
notice of the owners right to appeal the Commissioners determination
834050 Appeal of Commissioners determination of vacant building
a An owner of a building determined by the Commissioner to be a vacant building
as provided for in this chapter may appeal that determination to the Village manager
Such appeal shall be in writing and shall be filed with the Village manager within 15 days
of the date of mailing of the notice of determination The filing of an appeal stays the
owners obligation to register his building as required by this Chapter The appeal shall
contain a complete statement of the reasons the owner disputes the Commissioners
determination shall set forth specific facts in support thereof and shall include all
evidence the owner relies upon to support the appeal The Village manager shall decide
the appeal on the basis of facts presented by the owner in his or her written appeal and the
Commissioners written determination
b The burden is upon the owner to present sufficient evidence to persuade the
Village manager that had the evidence been known to the Commissioner at the time the
3
Commissioner made the determination the Commissioner would more likely than not
have determined that the subject building was not a vacant building within the meaning
of this chapter
c The Village manager shall send written notice of a decision to the owner prior to
any inspections or issuance of citations The Village manager may but is not required to
seek additional information from the owner or Commissioner
d An owner who wishes to challenge applicability of this chapter to hisher building
without the Commissioners determination having been made shall set forth specific facts
to support nonapplicability in a writing to the Commissioner In the event the
Commissioner determines that the subject building is a vacant building the owner shall
have the right to appeal the Commissioners determination to the Village manager as
provided for herein
834060 Obligation to register vacant buildings
The owner of a building who knows or should reasonably know that his or her building is a
vacant building within the meaning of this chapter after the effective date of this chapter or
the owner of a building which the Commissioner determines at any time to be a vacant
building or the owner of a building whose appeal from the Commissioners determination has
been denied by the Village manager shall take the actions provided for in this section within 15
days after either the date of Commissioners notice of determination or occurrence of the facts
that would cause a reasonable person to believe that the building was a vacant building or
denial of the appeal whichever is applicable Registration does not exonerate the owner from
compliance with all applicable codes and ordinances including this chapter nor does it preclude
any of the actions the Village is authorized to take pursuant to this chapter or elsewhere in the
Village Code
1 a Register the building with the building department on a form provided by the
Commissioner The form shall include as a minimum the name street address and
telephone number of the owner the case name and number of any litigation pending
concerning or affecting the building including foreclosures andor bankruptcy cases and
the name street address and telephone number of all persons with any legal interest in
the building or the premises The form shall require the owner to identify a natural
person 21 years of age or older who maintains a permanent address in the State of Illinois
to accept service on behalf of the owner with respect to any notices the Commissioner
sends pursuant to this chapter or service of process in any proceeding commenced to
enforce any provision of this chapter and file with the Commissioner on the registration
form the name address telephone number of said person A street address is required
A post office box is not an acceptable address and
b Renew the vacant building registration each year on the anniversary date of the
first filing for the time the building remains vacant and
c File an amended registration within 15 days of any change in the information
contained in the annual registration
4
2 The form shall require the owner to indicate his or her Acceptance of Notice by Posting
consenting to service of notices sent or required to be sent pursuant to this chapter by posting
on the building if the owner fails to renew the registration if required or maintain as current
with the Commissioner the information required regarding the person designated to accept notice
and service of process
The owner shall allow for a code compliance inspection of the interior of the vacant building and
shall be subject to Village costs and fees outlined in Section 834140 of the Village Code within
30 days of the inspection Such inspection will determine the extent of compliance with all
applicable Village property building residential electrical plumbing fire and similar codes
4 Vacant building plan At the time a building is registered as required herein the owner
shall submit a vacant building plan The Commissioner may prescribe a form for the plan If the
owner fails to submit the plan as provided for by this section the Commissioner may determine
the plan The plan shall contain the following as a minimum
a A plan of action to repair any doors windows or other openings which are
boarded up or otherwise secured by any means other than conventional methods used in
the design of the building or permitted for new construction or similar type The
proposed repair shall result in openings being secured by conventional methods used in
the design of the building or by methods permitted for new construction of similar type
with board removed The owner shall maintain the building in an enclosed and secure
state until the building is reoccupied or made available for immediate occupancy If the
owner demonstrates that securing of the building will provide adequate protection to the
public the Commissioner may waive the requirement of an enclosure
b For buildings and premises thereof that the Commissioner determines as being or
containing public nuisances as defined in this Chapter then the vacant building plan
shall contain a plan of action to remedy such public nuisances
c A time schedule identifying a date of commencement of repair and approximate
date of completion of repair for each improperly secured opening and nuisance identified
by the Commissioner
d When the owner proposes to demolish the vacant building then the owner shall
submit a plan and time schedule for such demolition
e A plan of action to maintain the building and premises thereof in conformance
with this chapter
f A plan of action with a time schedule identifying the approximate date the
building will be habitable and approximate date it will be occupied or offered for
occupancy or sale No plan which provides for compliance with this chapter or which
will not as determined by the Commissioner achieve such compliance within six
months in the case of a vacant boarded building and two years in the case of a vacant
unboarded and code compliant building will be approved
g All premises upon which unoccupied or vacant buildings are located and the
exteriors shall at all times be maintained in compliance with the Village Code
h Exterior lighting according to standards established by the Commissioner
834070 Approval of plan
a The Commissioner shall review the proposed vacant building plan in accordance
with the standards below The Commissioner shall send notice to the owner of the vacant
building of the Commissioners determination
b Standards for plan approval In considering the appropriateness of a vacant
building plan the Commissioner shall include the following in his or her consideration
and shall make written findings as to each
1 The purposes of this chapter and intent of the Village board to minimize the time a
building is boarded or otherwise vacant
2 The effect of the building and the proposed plan on adjoining property
3 The length of time the building has been vacant
4 The presence of any public nuisances on the property
5 The likelihood that the plan or portions thereof will prevent or ameliorate the condition
it is designed to address
834080 Authority to modify plan right of appeal
The Commissioner shall upon notice to the vacant building owner have the right to modify the
vacant building plan by modifying the dates of performance the proposed methods of action or
by imposing additional requirements consistent with this chapter that the Commissioner deems
necessary to protect the public health safety or welfare
834090 Failure to comply with plan
Failure to have an approved plan within 30 days of filing the registration form or failure to
comply with the approved plan shall constitute a violation of this chapter subjecting the owner of
the building to penalties as provided in this chapter and to any remedies the Village may avail
itself of as provided for herein and elsewhere in the Village Code including but limited to an
action to compel correction of property maintenance violations
834100 Other enforcement
The registration of a vacant building shall not preclude action by the Village to demolish or to
take other action against the building pursuant to other provisions of this chapter the Village
Code or other applicable legislation
834110 Certification
6
A certificate of code compliance for vacant buildings issued by the Building Department and
payment in full of all fines and fees imposed pursuant to this chapter are required prior to any
issuance of a certificate of occupancy
834120 Time restrictionsVacant buildings
It is the policy of the Village that boarding is a temporary solution to prevent unauthorized entry
into a vacant building and that boarded buildings are a public nuisance A vacant building may
not remain boarded longer than six months unless an extension of that time is part of a plan
approved by the Commissioner
A vacant building which is unboarded and codecompliant and for which boarding is determined
by the Commissioner on the basis of police reports citizen complaints and other information of
other type considered reliable by reasonable persons to not require boarding to prevent
unauthorized entry may not remain vacant for more than two years without an approved plan for
occupancy sale demolition or other disposition of the building
834130 Violation Penalties
a Any person firm or corporation found to have violated any provision of this
chapter shall be subject to a fine not less than one hundred dollars nor more than seven
hundred fifty dollars for each offense in addition to any other legal or equitable remedies
available to the Village Such other remedies include but are not limited to injunctive
relief application to a court of competent jurisdiction for a receiver demolition or
condemnation contracting for the repair or purchase of the premises or foreclosure of
any lien the Village may have thereon Any expenses incurred by the Village as
enumerated above shall be assessed against the building and may serve as a lien on the
property
b A separate and distinct offense shall be committed each day on which such person
or persons shall violate the provisions of this chapter
c The Village may enforce this chapter in a system of administrative adjudication or
through the Circuit Court of the applicable county
d Nothing herein contained shall prohibit the Village from immediately
condemning as provided for in the Village Code a building or taking other immediate
action upon a determination that the building is a public nuisance or poses an imminent
danger to the occupants of the building or the public health safety and welfare
e Unless a bona fide emergency as determined in the sole discretion of the
Commissioner neither the Village nor a contractor engaged on its behalf shall not enter
upon private property to perform maintenance or otherwise alter the property without first
obtaining the written permission of the propertys owner or an order from a court of
competent jurisdiction
834140 Inspection Fees
7
A Each vacant building shall include one inspection at no cost No unused
inspections or reinspections maybe accumulated banked transferred to another
unit or building bought sold or transferred at the time of sale
B The fee for each additional reinspection for correction of cited violations shall be
1 Seventy five dollars 7500 per dwelling unit with remaining uncorrected
violations
2 Seventy five dollars 7500 per residential common exterior or public area with
remaining uncorrected violations
3 Seventy five dollars 7500 per street address exterior or public area with
remaining uncorrected violations
4 Seventy five dollars 7500 per nonresidential building with remaining
uncorrected violations
C Additional inspection and reinspection fees maybe charged when the Village has
scheduled the inspection and provided notice and the responsible party does not
provide the required access as required in this chapter
8
ORDINANCE NO 2010 4329
AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF LISLE
TO ESTABLISH VACANT PROPERTY REGULATIONS
AND PRIORITY LIEN PROCEDURES
PASSED BY THE MAYOR AND BOARD OF TRUSTEES
JUNE 21 2010
PRINTED AND PUBLISHED IN PAMPHLET FORM
BY AUTHORITY OF THE
MAYOR AND BOARD OF TRUSTEES
VILLAGE OF LISLE
DUPAGE COUNTY ILLINOIS
I HEREBY CERTIFY THAT THIS DOCUMENT
WAS PROPERLY PUBLISHED ON
June 22nd 2010
1 Ati i 1111111 II I IfAisOf 11TimothyJSdeViIIeClerktialAcfCtORArlorlv
SEALff
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1111 1111111111 1
ORDINANCE NO 2010 4329
AN ORDINANCE AMENDING THE VILLAGE CODE OF THE VILLAGE OF LISLE
TO ESTABLISH VACANT PROPERTY REGULATIONS
AND PRIORITY LIEN PROCEDURES
WHEREAS buildings that are indefinitely vacant or indefinitely vacant and in a state of
disrepair or boarded are public nuisances in that they contribute to the decrease in value of
surrounding properties precipitate disinvestment by neighboring owners provide a location for
criminal activity undermine the aesthetic character of the neighborhood and Village and have
other undesirable effects and
WHEREAS vacant buildings especially those which remain boarded for more than six
6 months are unsightly and diminish neighboring property values and neighbors sense of
well being and are a public nuisance and
WHEREAS allowing certain buildings to remain indefinitely vacant even in the absence
of Code violations or boarding is detrimental to the public health safety and welfare
unreasonably interferes with the reasonable and lawful use and enjoyment of other premises
within the neighborhood may pose an extraordinary danger to police officers or firefighters
entering the premises in time of emergency and detracts from the appearance and good order
of the neighborhood all of which effects are especially associated with such buildings which
have been vacant for over two years and
WHEREAS registration of vacant properties and implementation of a maintenance plan
1
will discourage property owners from allowing their properties to remain indefinitely vacant or
indefinitely vacant and in a state of disrepair and will thereby provide a basis for the return of
vacant properties to the housing stock
WHEREAS the Village of Lisle has the authority to regulate the maintenance of
properties and buildings within the Village in order to protect the public health safety and
welfare of its citizens and
WHEREAS the definition prohibition and abatement of public nuisances pertain to the
government and affairs of the Village of Lisle and
WHEREAS the Village has statutory power to define prohibit and abate public
nuisances pursuant to 65 ILCS 5 11 60 2 of the Illinois Municipal Code and
WHEREAS the Village Board adopts the broken window concept among the rationales
for this Ordinance The broken window concept is that one broken window left unrepaired
leads to more broken windows as it gives the appearance that no one cares or protects the
property that that building becomes increasingly more deteriorated and that the deterioration
may have a ripple effect and
WHEREAS the abatement of nuisance caused by vacant buildings repair and
rehabilitation of vacant properties and their subsequent occupancy is in the best interests of the
citizens of Lisle and
WHEREAS an ordinance providing for the declaration of certain boarded and or vacant
buildings as a public nuisance and providing for their abatement is a means for the Village to
use in maintaining sanitation and health standards preventing crime and avoiding fire health
and safety hazards and minimizing or eliminating the effect such buildings have on the personal
and economic well being of the neighborhood and
WHEREAS various state statutes authorize the Village to provide for the removal of
certain nuisances from private properties within the Village including cutting and removal of
neglected weeds grass trees and bushes 65 ILCS 5 11 20 7 pest control activities 65 ILCS
2
5 11 20 8 removal of infected trees 65 ILCS 5 11 20 12 removal of garbage debris and
graffiti 65 ILCS 5 11 13 and removal securing and enclosing abandoned residential
properties 651LCS 5 11 20 15 1 and
WHEREAS the Village incurs costs in abating these nuisances by performing property
maintenance activities on these properties and
WHEREAS Section 11 20 15 of the Illinois Municipal Code 65 ILCS 5 11 20 15
authorizes municipalities to record traditional liens against a property for these nuisance
abatement and property maintenance costs and
WHEREAS the Illinois General Assembly recently adopted Public Act 96 856 effective
March 1 2010 authorizing municipalities to record priority liens against abandoned residential
properties for costs incurred in certain property maintenance activities that would be senior to all
other liens with the exception of tax liens and
WHEREAS the corporate authorities of the Village of Lisle deem it to be in the interest
of the public health safety and welfare of the residents of the Village to amend the Village of
Lisle Municipal Code to set forth specific registration requirements for vacant buildings as well
as a procedure for liens for property maintenance activities
NOW THEREFORE BE IT ORDAINED by the President and Board of Trustees
of the Village of Lisle as follows
SECTiON 1 Recitals The foregoing recitals shall be and are hereby incorporated
into and made a part of this Ordinance as if fully set forth in this Section 1
SECTION 2 Amendment Chapter 11 entitled Property Maintenance Code of Title
4 of the Village Code of the Village of Lisle is hereby amended to add a new Section 4 11 5
which shall read as follows
4 11 5 VACANT BUILDING AND PROPERTY REGULATIONS
A Declaration of Policy The purpose of this section 4 11 5 is to protect the public
health safety and welfare by enactment of this section which
3
1 Establishes a program for identification registration and regulation of
buildings Which are or become vacant on and after the effective date of
this section 4 11 5
2 Determines the responsibilities of owners of vacant buildings
3 Provides for administration enforcement including abatement of public
nuisances and imposition of penalties
This section 4 11 5 shall be construed liberally to affect its purposes
B Other Ordinances This section 4 11 5 shall not be construed to prevent the
enforcement of other applicable ordinances codes legislation and regulations which prescribe
standards other than are provided herein and in the event of conflict the most restrictive shall
apply
C Definitions Unless otherwise expressly stated or clearly indicated by the
context the following terms shall for the purpose of this section 4 11 5 have the meanings
indicated in this section
BOARDED BUILDING A building which has had in a manner intended to be temporary
or permanent any or all openings which openings are windows or doors which were present for
the purpose of light ventilation or egress some material whether opaque solid or transparent
affixed to such openings from the interior or exterior of the building for the purpose of securing
or preventing access or damage to the building or its components
BUILDING Any structure occupied or intended for supporting or sheltering any
occupancy
COMMUNITY DEVELOPMENT DIRECTOR The Community Development Director or
his or her designee
DANGEROUS BUILDING A building defined as a dangerous building in the Village
building code as it may be amended Such buildings are public nuisances
OWNER Any person agent operator firm or corporation having a legal or equitable
interest in the property or recorded in the official records of the state county or municipality 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
PERSON Includes a corporation a partnership or other entity as well as an individual
PREMISES A lot plot or parcel of land including any structure thereon
PUBLIC NUISANCE Includes the following
1 The physical condition or uses of any building regarded as a public nuisance at
common law under the Illinois Compiled Statutes or under this code or
2 Any physical condition use or occupancy or any building or its appurtenances
4
considered an attractive nuisance to children including but not limited to
abandoned wells shafts basements excavations and unsafe fences or
structures or
3 Any building which has unsanitary sewerage or plumbing facilities or
4 Any building designated by the Community Development Director as unsafe for
human habitation or use or
5 Any building which is manifestly capable of being a fire hazard or manifestly
unsafe or insecure as to endanger life limb or property or
6 Any building which is unsanitary or which is littered with rubbish or garbage or
which has an uncontrolled growth of weeds or
7 Any building that is dangerous in a state of dilapidation deterioration or decay
faulty construction open or vacant and the doors windows or other openings
are boarded up or secured by any means other than conventional methods used
in the design of the building or permitted for new construction of similar type
damaged by fire to the extent as not to provide shelter in danger of collapse or
failure and dangerous to anyone on or near the premises or
8 Any building defined as a dangerous building by section 4 11 5 of this code as
it may be amended
UNOCCUPIED BUILDING 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 the Community Development Director pursuant to authority granted to him
by this code
In determining whether a building is unoccupied the Community Development Director
may consider these factors among others
1 A building at which substantially all lawful residential or business activity has
ceased
2 The percentage of the overall square footage of occupied to unoccupied space or
the overall number of occupied and unoccupied units shall be considered
3 The building is substantially devoid of contents The condition and value of
fixtures or personal property in the building are relevant to this determination
4 The building lacks utility services Le water sewer electric or natural gas
5 The building is the subject of a foreclosure action
6 The building is not actively for sale as part of a contractual agreement to sell the
building the building lacks for sale for rent or similar signage
7 The presence or recurrence of uncorrected code violations
VACANT BUILDING A building or portion of a building which is
5
1 Unoccupied and unsecured or
2 Unoccupied and secured by boarding or other similar means or
3 Unoccupied and a dangerous structure or
4 Unoccupied and condemned by the Community Development Director pursuant
to applicable provisions of this code or
5 Unoccupied and has multiple code violations or
6 Unoccupied and the building or its premises has been the site of unlawful activity
within the previous six 6 months or
7 Condemned by the Community Development Director and unlawfully occupied
or
8 Unoccupied for over one hundred eighty 180 days and during which time the
Community Development Director has issued an order to correct public nuisance
conditions and same have not been corrected in a code compliant manner or
9 Unoccupied for over two 2 years
10 An abandoned residential property as defined in 65 ILCS 5 11 20 15 1 as a
residential dwelling unit that has been unoccupied by any lawful occupant or
occupants for at least 90 days and for which after such 90 day period the Village
has made good faith efforts to contact the legal owner or owners of the property
or if known the agent of the owner and no contact has been made
But not including
Unoccupied buildings which are undergoing construction renovation or rehabilitation
and which are in compliance with all applicable ordinances codes legislation and regulations
and for which construction renovation or rehabilitation is proceeding diligently to completion
D Determination Within sixty 60 days after the effective date of this section 4 11
5 the Community Development Director shall evaluate all buildings in the Village he believes to
be unoccupied on the effective date of this section 4 11 5 and make a determination for each as
to whether the building is a vacant building within the meaning of section 4 11 5 C of this
code The Community Development Director may determine that a building which meets any of
the criteria set forth in this section is not to be regulated under this section 4 11 5 for a stated
period if upon consideration of reliable substantiated and sufficient evidence he or she
determines that regulation of the building under this section 4 11 5 would not serve the public
health welfare and safety and makes written findings in support of his decision The
determination shall be in writing and shall state the factual basis for the determination For
buildings the Community Development Director determines to be vacant buildings notice of
the determination will be sent to the last taxpayer of record listed on the most recent DuPage
County tax roll The notice of determination shall be sent first class United States mail Failure of
delivery shall not excuse a person from complying with this section 4 11 5 The Community
Development Director may personally serve or cause personal service of the notice of
determination Any person making such service shall execute an affidavit attesting to the facts
6
of service The Community Development Director shall maintain a record of such mailing for
each notice of determination sent
The notice shall specify a date and time on which the owner shall allow for a code
compiiance inspection of the interior of the vacant building to determine the extent of
compliance with Village property building codes health fire water and sewer codes The
owner shall pay the five hundred dollar 500 00 inspection fee to the Village within thirty 30
days of the inspection An unpaid fee shall be a lien upon the premises
The notice shall contain a statement of the obligations of the owner of a building
determined to be a vacant building a copy of the registration form the owner is required to file
pursuant to section 4 11 5 F of this code and a notice of the owner s right to appeal the
Community Development Director s determination
E Appeal of Determination An owner of a building determined by the Community
Development Director to bea vacant building as provided for in this section 4 11 5 may appeal
that determination to the Community Development Director Such appeal shall be in writing and
shall be filed with the Community Development Director within fifteen 15 days of the date of
mailing of the notice of determination The filing of an appeal stays the owner s obligation to
register his building as required by section 4 11 5 F of this code The appeal shall contain a
complete statement of the reasons the owner disputes the Community Development Director s
determination shall set forth specific facts in support thereof and shall include all evidence the
owner relies upon to support the appeal The Community Development Director shall decide the
appeal on the basis of facts presented by the owner in his or her written appeal and the
Community Development Director s written determination
1 The burden is upon the owner to present sufficient evidence to persuade
the Community Development Director that had the evidence been known
to the Community Development Director at the time the Community
Development Director made the determination the Community
Development Director would more likely than not have determined that
the subject building was not a vacant building within the meaning of this
section 4 11 5
2 The Community Development Director shall send written notice of his
decision to the owner within ten 10 days of his or her receipt of the
appeal The Community Development Director may but is not required to
seek additional information from the owner The Community Development
Director may upon written notice thereof to the owner take no more than
ten 10 additional days to decide the appeal if he or she determines that
such additional time is required for consideration of the appeal
3 An owner who wishes to challenge applicability of this section 4 11 5 to
his her building without the Community Development Director s
determination having been made shall set forth specific facts to support
nonapplicability in a writing to the Community Development Director In
the event the Community Development Director determines that the
subject building is a vacant building the owner shall have the right to
appeal the Community Development Director s determination to the
Community Development Director as provided for herein
7
F Obligation To Register The owner of a building who knows or from all the facts
and circumstances should know that his or her building is or has become a vacant building
within the meaning of this section 4 11 5 after the effective date of this section 4 11 5 or the
owner of a building which the Community Development Director determines at any time to be a
vacant building or the owner of a building whose appeal from the Community Development
Director s determination has been denied by the Community Development Director shall take
the actions provided for in this section within fifteen 15 days after either the date of the
Community Development Director s notice of determination or occurrence of the facts which
would cause a reasonable person to believe that the building was a vacant building or denial
of the appeal whichever is applicable Registration does not exonerate the owner from
compliance with all applicable codes and ordinances including this section 4 2 6 nor does it
preclude any of the actions the Village is authorized to take pursuant to this section 4 11 5 or
elsewhere in this code
1 Registration Requirements
a Register the building with the Community Development Director
on a form provided by the Community Development Director and
pay the two hundred dollar 200 00 annual non prorated vacant
building registration fee The form shall include as a minimum the
name street address and telephone number of the owner the
case name and number of any litigation pending concerning or
affecting the building including bankruptcy cases and the name
street address and telephone number of all persons with any
legal interest in the building or the premises The form shall
require the owner to identify a natural person twenty one 21
years of age or older who maintains a permanent address in
DuPage County Illinois to accept service on behalf of the owner
with respect to any notices the Community Development Director
sends pursuant to this section 4 11 5 or service of process in any
proceeding commenced to enforce any provision of this section 4
11 5 and file with the Community Development Director on the
registration form the name address telephone number of said
person A street address is required A post office box is not an
acceptable address
b Renew the vacant building registration each year on the
anniversary date of the first filing for the time the building remains
vacant and pay the required two hundred dollar 200 00 annual
fee and
c File an amended registration within fifteen 15 days of any
change in the information contained in the annual registration A
new registration is required for any change in ownership
whatsoever
2 Notice Inspection The form shall require the owner to indicate his or her
acceptance of notice by posting consenting to service of notices sent or
required to be sent pursuant to this section 4 11 5 by jlosting on the
building if the owner fails to renew the registration if required or maintain
as current with the Community Development Director the information
8
required regarding the person designated to accept notice and service of
process
The owner shall allow for a code compliance inspection of the interior of
the vacant building and shall pay the five hundred dollar 500 00 fee
therefore within thirty 30 days of the inspection Such inspection will
determine the extent of compliance with Village property building codes
health fire water and sewer codes The Village shall send the inspection
report to the owner within thirty 30 days
3 Insurance Obtain liability insurance and maintain such insurance for as
long as the building is vacant and file evidence of such insurance with
the Community Development Director as follows five hundred thousand
dollars 500 000 00 for a vacant residential building of one to three 3
units seven hundred fifty thousand dollars 750 000 00 for a vacant
residential building of four 4 to eleven 11 units one million dollars
1 000 000 00 for a vacant residential building of twelve 12 to forty
eight 48 units two million dollars 2 000 000 00 for a vacant
residential building of more than forty eight 48 units and two million
dollars 2 000 000 00 for a vacant manufacturing industrial storage or
nonresidential commerciai building
4 Vacant Building Plan At the time a building is registered as required
herein the owner shall submit a vacant building plan The Community
Deveiopment Director may prescribe a form for the pian If the owner fails
to submit the plan as provided for by this section 4 11 5 the Community
Development Director may determine the plan The plan shall contain the
following as a minimum
a A plan of action to repair any doors windows or other openings
which are boarded up or otherwise secured by any means other
than conventional methods used in the design of the building or
permitted for new construction or similar type The proposed
repair shall result in openings being secured by conventional
methods used in the design of the building or by methods
permitted for new construction of similar type with board removed
Boarding shall be accomplished with materials and methods
described by the Community Development Director and available
from the Community Development Director The owner shall
maintain the building in an enclosed and secure state until the
building is reoccupied or made available for immediate
occupancy If the owner demonstrates that securing of the building
will provide adequate protection to the public the Community
Development Director may waive the requirement of an enclosure
b For buildings and premises thereof which are determined by the
Community Development Director as being or containing public
nuisances as defined in section 4 11 5 C of this code then the
vacant building plan shall contain a plan of action to remedy such
public nuisance s
9
c A time schedule identifying a date of commencement of repair and
date of completion of repair for each improperly secured opening
and nuisance identified by the Community Development Director
d When the owner proposes to demolish the vacant building then
the owner shall submit a plan and time schedule for such
demolition
e A plan of action to maintain the building and premises thereof in
conformance with this section 4 11 5
I A plan of action with a time schedule identifying the date the
building will be habitable and occupied or offered for occupancy or
sale The time schedule shall include date s of commencement
and completion of all actions required to achieve habitability No
plan which provides for compliance with this section 4 11 5 or
which will not as determined by the Community Development
Director achieve such compliance within six 6 months in the
case of a vacant boarded building and two 2 years in the case
of a vacant unboarded and code compliant building will be
approved
g All premises upon which unoccupied or vacant buildings are
located and the exteriors shall at all times be maintained in
compliance with this code
h Exterior lighting according to standards established by the
Community Development Director and available from the
Community Development Director
5 Security Guard Service On written notice of the Community Development
Director provide bonded licensed and insured security guard service at
the building between the hours of three o clock 3 00 P M and eight
o clock 8 00 A M Such service to remain in place until the Community
Development Director gives written notice that the service is no longer
required Such service shall be required when the Community
Development Director makes a written determination that the vacant
building constitutes a fire hazard is otherwise dangerous to human life or
the public welfare involves illegal or improper use occupancy or
maintenance under such conditions that boarding and securing the
building are insufficient to prevent the actual or threatened harm
6 Signage Affixed to any building which is boarded no smaller than two
feet by two feet 2 x 2 and compliant with the Village s sign regulations
and providing the following information The name address and
telephone number of the owner and in addition for buildings which are
the subject of a foreclosure action the name address and telephone
number of the plaintiff and the plaintiffs attorney if any in the foreclosure
action The sign must be placed so that its message is legible from the
public way
lO
7 Approval of Plan
a Review Building Plan The Community Development Director shall
review the proposed vacant building plan in accordance with the
standards below The Community Development Director shall send
notice to the owner of the vacant building of his determination
b Standards For Plan Approval In considering the appropriateness
of a vacant building plan the Community Development Director
shall include the following in his or her consideration and shall
make written findings as to each
I The purposes of this section 4 11 5 and intent of the Village
Board to minimize the time a building is boarded or otherwise
vacant
2 The effect of the building and the proposed plan on adjoining
property
3 The length of time the building has been vacant
4 The presence of any public nuisances on the property
5 The likelihood that the plan or portiones thereof will prevent or
ameliorate the condition it is designed to address
8 Authority To Modify Plan Right Of Appeal The Community Development
Director shall upon notice to the vacant building owner have the right to
modify the vacant building plan by modifying the dates of performance
the proposed methods of action or by imposing additional requirements
consistent with this section 4 11 5 he or she deems necessary to protect
the public heaith safety or welfare
9 Failure To Comply With Plan Failure to have an approved plan within
thirty 30 days of filing the registration form or failure to comply with the
approved plan shall constitute a violation of this section 4 11 5 subjecting
the owner of the building to penalties as provided in this section 4 11 5
and to any remedies the Village may avail itself of as provided for herein
and elsewhere in this code including but limited to an action to compel
correction of property maintenance violations
G Other Enforcement The registration of a vacant building shall not preclude
action by the Village to demolish or to take other action against the building pursuant to other
provisions of this section 4 11 5 this code or other applicable legislation including the activities
authorized by subsection H
H Property Maintenance
1 Nuisance Abatement The Village is authorized to perform or provide for
property maintenance activities to abate a nuisance caused by a vacant
building including the following
11
a Cutting and removal of neglected weeds grass trees and bushes
as authorized by section 8 4 7 of the Village Code and 65 ILCS
5 11 20 7
b Pest control activities as authorized by 651LCS 5 11 20 8
c Removal of infected trees as authorized by section 5 26 4 of the
Village Code and 65 ILCS 5 11 20 12
d Removal of garbage debris and graffiti as authorized by section
8 2 2 of the Village Code and 651LCS 5 11 20 13 and
e Removal securing and enclosing abandoned residential
properties as authorized by subsection 4 11 5 J and 65 ILCS
5 11 31 1 01
2 Charges for Nuisance Abatement The Village shall have the authority to
collect from the property owner the costs incurred in performing the
property maintenance activities to abate the nuisances described in this
subsection 4 11 5 H The Village shall send a bill for the cost to the
property owner his agent iegal representative or occupant in legal
possession or control of the premises
3 Traditional Lien Procedure If a bill sent pursuant to paragraph 2 is not
paid in full within 30 days of the date of the bill the Village shall have the
authority to file and record a lien against the property pursuant to Section
11 20 15 of the Illinois Municipal Code 65 ILCS 5 11 20 15 If for any
one property the Village engaged in any nuisance abatement activity
described in paragraph 1 on more than one occasion during the course of
one year then the Village may combine any or all of the costs of those
activities into a single notice of lien The lien must be filed in accordance
with the lien procedure estabfished by the specific Code provision of
which the property is alleged to be in violation or if no such procedure
exists then the following procedure shall apply
a Notice of Lien The Village or the person performing the service by
authority of the Village in its his or her own name may file a
notice of lien in the office of the recorder of deeds in the county in
which the real estate is located The notice of lien shall be filed
within one year after the cost and expense is incurred If for any
one property the Village engaged in any nuisance abatement
activity described in Paragraph 2 on more than one occasion
during the course of one year then the Village may combine any
or all of the costs of those activities into a single notice of lien
The notice of lien shall consist of a sworn statement setting forth
I A description of the real estate that sufficiently describes
the parcel
12
2 The amount of the cost and expense incurred or payable
for the activities and
3 The date or dates when such cost and expense was
incurred by the Village or someone working on behalf of
the Village
After recording the notice of lien shall be sent by certified mail to
the property owner his agent or legal representative or occupant
in legal possession or control of the premises and If different to
the person who received the tax bill for the preceding year
b Release of Lien Upon payment of the cost after the notice of lien
has been filed as provided herein the lien shall be released by the
Village or person in whose name the lien has been filed and the
release shall be recorded of record in the same manner as
recording the notice of lien
c Foreclosure of Lien Subsequent to the filing of the above
described lien the Village may cause to be filed a complaint for
foreclosure of such lien or upon becoming a defendant in a
pending lawsuit affecting the premises or real estate by answer to
the complaint or In the nature of an intervening petition or cross
complaint the Village may proceed in Its corporate name to
foreclose such lien An action to foreclose a lien under this Section
must be commenced within two years after the date of filing notice
of lien The property subject to a lien arising under this article
shall be sold for nonpayment of the same and the proceeds of
such sale shall be applied to pay the monies owing the Village
4 Priority Lien Procedure The priority lien procedure described in this
Paragraph 4 shall apply only to costs incurred for activities performed on
abandoned residential properties as defined in subsection 4 11 5 C and
is an alternative to the traditional lien authorized by paragraph 3 If a bill
sent pursuant to paragraph 2 Is not paid in full within 60 days of the date
of the bill the Village shall have the authority to file and record a priority
lien against the property pursuant to Section 11 20 15 1 of the illinois
Municipal Code 651LCS 5 11 20 15 1 in the following manner
a Notice of Lien The Village or the person performing the service
by authority of the Village in Its his or her own name may file a
notice of a priority lien in the office of the recorder of deeds In the
county in which the real estate is located The notice of lien shall
be filed within one year after the cost and expense is incurred If
for anyone property the Village engaged in any nuisance
abatement activity described in paragraph 2 on more than one
occasion during the course of one year then the Village may
combine any or all of the costs of those activities into a single
notice of lien
The notice of lien shall consist of a sworn statement setting forth
13
I A description of the abandoned residential property that
sufficiently describes the parcel
2 The amount of the cost incurred or payable for the
activities and
3 The date or dates when such cost was incurred by the
Village or someone working on behalf of the Village and
4 A statement that the lien has been filed pursuant to one or
more of the property maintenance activities described in
Paragraph 2 and authorized by 65 ILCS 5 11 20 7 d 65
ILCS 5 11 20 8 d 65 ILCS 5 11 20 12 d 65 ILCS 5 11
20 13 e 651LCS 5 11 31 1 01 as applicable
After recording the notice of lien shall be sent by certified mail to
the property owner his agent or legal representative or occupant
in legal possession or control of the premises and if different to
the person who received the tax bill for the preceding year
The Village may not file a lien if the lender has provided notice to
the Village that the lender has performed or will perform remedial
actions provided however that the remedial actions must be
performed or initiated in good faith within 30 days of the lender s
notice to the Village
b Recordkeeping To enforce a lien pursuant to this paragraph 4
the Village must maintain contemporaneous records that include
at a minimum
I a dated statement of a finding by the Village that the
property has become abandoned residential property
2 the date when the property was first observed to be
unoccupied by any lawful occupant
3 a description of the actions taken by the Village to contact
the legal owner of the property or if known any agent of
the owner
4 a statement that no contacts were made with the legal
owner or if known any agent of the owner
5 a dated certification by a Village official of the necessity
and specific nature of the work performed
6 a copy of the agreement with the person or company
performing the work and the rates and estimated cost of
the work if applicable
14
7 detailed invoices and payment vouchers for the work
8 a statement whether the work was competitively bid and if
so a copy of all proposals submitted by the bidders
c Release of Lien Upon payment of the cost after the notice of lien
has been filed as provided herein the lien shall be released by the
Village or person in whose name the lien has been filed and the
release shall be recorded of record in the same manner as
recording the notice of lien
d Enforcement of Lien A lien under this paragraph 4 is enforceable
by the Village or entity or person who performs work on behalf of
the Village at the hearing for confirmation of the foreclosure sale
of the abandoned residential property and is limited to a claim of
interest in the proceeds of the sale The priority lien is superior to
all other liens and encumbrances except tax liens
I Certification A certificate of code compliance for vacant buildings issued by the
Village and payment in full of all fees imposed pursuant to this section 4 11 5 are required prior
to any occupancy of a vacant building
J Boarding of Buildings It is the policy of the Village of Lisle that boarding is a
temporary solution to prevent unauthorized entry into a vacant building and that boarded
buildings are a public nuisance A vacant building may not remain boarded longer than six 6
months unless an extension of that time is part of a plan approved by the Community
Development Director A vacant building which is unboarded and code compliant and for which
boarding is determined by the Community Development Director on the basis of police reports
citizen complaints and other information of other type considered reliable by reasonable
persons to not require boarding to prevent unauthorized entry may not remain vacant for more
than two 2 years without an approved plan for occupancy sale demolition or other disposition
of the building
K Enforcement and Penalties
1 Any person found to have violated any provision of this section 4 11 5
shall be subject to a minimum fine of one hundred dollars 100 00 per
day per violation to a maximum of seven hundred fifty dollars 750 00
per day per violation in addition to any other legal or equitable remedies
available to the Village Such other remedies include but are not limited
to injunctive relief application to a court of competent jurisdiction for a
receiver demolition or condemnation contracting for the repair or
purchase of the premises or foreclosure of any lien the Village may have
thereon
2 A separate and distinct offense shall be committed each day on which
such person or persons shall violate the provisions of this section 4 11 5
3 Nothing herein contained shall prohibit the Village from immediately
condemning as provided for in this code a building or taking other
immediate action upon a determination that the building is a public
15
nuisance or poses an imminent danger to the occupants of the building
or the public health safety and welfare
SECTION 3 Effective This Ordinance shall be in full force and effect from and after
its passage approval and publication in pamphlet form as provided by law
PASSED this 21ST day of JUNE 2010
AYES TRUSTEES YOUNG SCHlITT CAWIEZEL LAFOND HODAFF AND lAYOR BRODA
NAYS NONE
ABSENT TRUSTEE BOYLE
APPROVED this 21STdayof JUNE 2010
M
Attest
1VillageClerk 1 7 h be J IlqLJ
HIlllllifllfl11to0r 11111
1Iv VJ
ltvY
fS cORrOIl4
S E A L j
IIII iiNO O
I t 1IIIIIJllll
16
6/2/2015 Case study: Vacant Structur e Registration Ordinance Hom e Grown Metropolitan Planning Council
http://www.metr oplanning.or g/homegrown/case.aspx?case=vacantm ountpr ospect 1/3
Policy and governance
Vacant Structure Registration Ordinance
Mount Prospect
Goal
To bring vacant, noncomplying
properties up to Village code
to reduce neighborhood blight
and instability.
Target
Vacant noncomplying
properties.
Financing
Vacant structure registration,
violation and nuisance fees.
Successes
About 20 noncomplying
properties are brought into
compliance each year.
Lessons learned
More aggressive enforcement
of vacant properties has led to
more stable property values
despite foreclosure challenges.
As a result, the Village has
been able to generate buy-in
and support from residents
and landlords.
Program background
6/2/2015 Case study: Vacant Structur e Registration Ordinance Hom e Grown Metropolitan Planning Council
http://www.metr oplanning.or g/homegrown/case.aspx?case=vacantm ountpr ospect 2/3
Even before the housing downturn in 2008, Mount Prospect was experiencing the negative effects
that unmaintained vacant properties can have on neighborhood safety, real estate values and
village resources. As a result of these challenges, the Village introduced its Vacant Structure
Registration Ordinance in 2006. The ordinance holds owners accountable for vacant properties
that, uncared for, are costly and cumbersome for the Village to maintain.
While many municipalities require all vacant properties to be registered, Mount Prospect only
requires noncomplying structures to register. Inspectors are assigned specific areas of
responsibility, and residents often take a proactive approach and report problem areas to Village
staff.
How it works
Every property found to be noncompliant is served with a code violation notice with a “cure date”
that serves as a cutoff for corrective action. On average, Mount Prospect registers 20 buildings
per year, all of which are required to pay a $500 per year registration fee. With the registration
application, property owners must include a statement of intent with a timeline for rehabilitation
or demolition, and how they plan to adequately maintain the property and avoid future violations.
Responsible parties that do not take corrective action before the date issued are subject to a $50
per day fee for each violation, in addition to a $50 per day nuisance fee. If further inaction
persists, the Village can take steps to abate the property (usually at an average cost of $800),
which would then be placed as a lien on the property.
The Village has recovered a high percentage of their abatement costs since the ordinance was
created and, combined with registration fees and penalties, has created a self-sustaining and
effective program. Using transfer stamps ensures collection of any outstanding fines and fees and
incentivizes corrections of outstanding violations. Since most distressed properties in Mount
Prospect are being transferred to new owners through short sales, debts to the Village are repaid
in a timely manner. The new buyer assumes responsibility for fixing any violations they have
inherited, and often works with Village staff to establish an agreement that will bring a property
into compliance. Owing to the strict enforcement of the ordinance, Mount Prospect has never had
to register a property for more than one year.
Contact
Department of Community Development, Village of Mount Prospect
847-818-5328, comdevdept@mountprospect.org, www.mountprospect.org
This page can be found online at
6/2/2015 Case study: Vacant Structur e Registration Ordinance Hom e Grown Metropolitan Planning Council
http://www.metr oplanning.or g/homegrown/case.aspx?case=vacantm ountpr ospect 3/3
Copyright 2013 Metropolitan Planning Council. All rights reserved
How Can Municipalities
Confront the Vacant
Property Challenge?
An Appendix to the Toolkit
Business and Professional People for the Public Interest
Chicago Metropolitan Agency for Planning
Metropolitan Mayors Caucus
August 2010
2
TOOL 1: AN EARLY WARNING DATABASE
The information below supplements the key questions section of the Vacant Properties
Toolkit and includes more information on indicators for at-risk properties and neighborhoods.
Who will use the database and for what purpose?
There are many potential users of an early warning database. Each user might benefit from the
same data, but will use the information in different ways. For example:
• The code enforcement department might want to target inspections around problem
properties or areas, identify and engage owners of problem properties, or enlist
community groups as partners in neighborhoods where there are problems.
• The police department might want to watch for crime in and around vacant properties.
• The fire department might want to inspect vacant buildings for fire hazards, or determine
whether they are safe to enter.
• The community development department might wish to target specific neighborhoods for
city programs, planning or revitalization efforts.
• Developers might want to identify acquisition and development opportunities.
• Community-based organizations may want to identify properties to monitor, reach out to
owners of problem properties, or partner with the municipality in maintaining properties
or developing programs to address the particular needs of the neighborhood.
What information should be included in the database?
Generally, two types of information are used in early warning databases – information that is
specific to properties (property-level data) and information that relates to larger geographic
areas, such as a block or cluster of blocks, a census tract or cluster of census tracts, or entire
neighborhoods (area-level data). There is overlap between these two types of data, and a
municipality creating such a system will determine which indicators are most important and can
be obtained most easily and readily for its purposes.
What data can be used to identify problem properties?
If a municipality’s objective is to identify problem properties, it’s database should include one or
more property-specific indicators of vacancy. The following chart summarizes property
information that can be used to identify whether a property is at risk for vacancy, and notes
where such information might be collected. 1
1 This chart, except for the addition of the “foreclosure” category, is excerpted in part from Alan Mallach, Bringing
Buildings Back: From Abandoned Properties to Community Assets, National Housing Institute, Montclair, New
Jersey, 2006, p. 20.
3
Category Indicator Data Source
Property tax status Tax arrears (duration and amount) County tax collection office
Tax liens (number and amount)
Other municipal
liens
Utility liens (number and amount) Municipal or county tax
collection treasurer, or finance
department
Nuisance abatement liens
Nuisance abatement
actions
Nuisance abatement actions by
type
Municipal buildings or
inspection department
Receivership status
Code violations Complaints Municipal buildings or
inspection department
Citations
Court actions arising from
uncorrected violations
Vacancy and
abandonment
Number of utility shut-offs Public utility
Mail stops and forwarding U.S. Postal Service2
Crime Crime reports at address Municipal police department
Crime reports on block
Foreclosure Lis Pendens (a legal document
that indicates the initiation of a
foreclosure)
Notice provided to municipalities
under new Illinois law (See Tool
2); also County Recorder of
Deeds
Notice of Confirmation of Sale (a
legal document that indicates the
completion of foreclosure)
Notice provided to municipalities
under new Illinois law; also
County Recorder of Deeds
What are some of the best predictors of vacancy?
It is not necessary and may not be practical for a municipality to include every indicator of
vacancy in its early warning database. Municipalities have found the following to be particularly
reliable in identifying properties that are likely to be vacant:
Utility Information. One of the clearest indicators that a property has become vacant is
utility usage. Of all the utility measures, water use is the most effective indicator of
vacancy.3 There are at least two ways to consider water use as an indicator of vacancy.
First, if the levels of use are negligible, it is likely that no one is living in the property.
Yet in certain homes – such as second homes or vacation homes – this may not be an
indicator of vacancy. Thus, a second indicator of vacancy is whether the water has been
2 An aggregated form of the postal data is available at http://www.huduser.org/DATASETS/usps.html.
3 Amy E. Hillier et al., Predicting Housing Abandonment with the Philadelphia Neighborhood Information System,
p. 12, 2003, http://repository.upenn.edu/cgi/viewcontent.cgi?article=1006&context=cplan_papers.
4
shut off because the bills have not been paid. While water shut-off information is a more
accurate indicator of vacancy than low water use information, water shut-off information
comes later in the process of vacancy than low water use. Water usage information can
also be helpful in detecting serious damage to a vacant property. If there is a sudden
dramatic spike in water use after a period where use has been negligible, it is likely that
the pipes of a vacant home have burst. These homes must be addressed quickly to avoid
mold problems that can have repercussions for neighbors.
Tax Delinquency Information. Information on property tax delinquencies – e.g., amount
of taxes owed, the duration of delinquencies, notice of tax sales – can also be a
particularly useful warning sign for vacancy. Municipalities should be able to access this
information through their county treasurers and/or through county data that is available
online. For example, the Cook Country Treasurer’s office provides such data to
municipalities, typically through their finance departments, which can be accessed by
entering a log in number and password.
Foreclosure Information. Initiation of the foreclosure process is a clear indicator that
the property may be at risk of vacancy. New legislation in Illinois requires that lenders
notify municipalities when the foreclosure process is initiated and when it is completed,
and provide relevant contact information. (See Tool 5 for more information about how to
receive notification under the new law.)
What data can be used to help municipalities identify at-risk neighborhoods?
Aggregating the types of property-specific information identified above within larger geographic
areas (e.g., blocks, census tracts, or neighborhoods), enables municipalities to analyze
conditions, changes and opportunities within such areas to identify those that are at-risk and to
inform decisions about how and where to allocate code enforcement and other limited resources.
Area-level information, such as general property characteristics, social and demographic trends
and real estate market conditions can also be very useful to identify problem neighborhoods and
inform neighborhood planning and program development. The following chart summarizes
examples of these additional types of information.
5
Category Indicator Data Source
Property characteristics and
conditions
Properties by type and use
Properties in public ownership
as percentage of total
properties
Number and location of
brownfield sites
Percentage of properties that
are owner occupied
Number and percentage of
vacant properties by type
(prior use, whether vacant
building or vacant lot)
Municipal planning or
community development
office
Census data
Survey
Residential sales Number of sales
Sales price change from
preceding year
Days on market change
Characteristics of buyers
County clerk or Multiple
Listing Service
Sample surveys
Home mortgage transactions Number of conventional home
mortgages made
Change from preceding year
Home Mortgage Disclosure
Act (HMDA) data4
Property improvement activity Number and value of building
permits issued
Number and amount of home
improvement loans
Municipal permitting office
HMDA data
Rent levels Distribution of rental units by
rent level and number of
bedrooms
Change from preceding year
Landlord reporting under
landlord registration ordinance
Census data
Crime statistics Number of major crimes per
capita
Crime rate change from
preceding year
Municipal police department
Fire statistics Number of fires as percentage
of structures
Change from preceding year
Municipal fire department
Population and demographic
statistics
Social and economic
characteristics of population
School enrollment trends
Temporary Assistance for
Needy Families (TANF) and
other social service demand
trends
Census data
School district
Social service agencies
4 HMDA data is available at http://www.ffiec.gov/hmda/ or http://www.ffiec.gov/hmda/online_rpts.htm. A report
on how to use HMDA data is available at http://www.urban.org/UploadedPDF/1001247_hdma.pdf.
6
How should the database be managed?
Determining who will manage the database will depend in large part on its complexity and on the
staffing resources available. If the database is simple, various personnel could input data
themselves or a single person could be responsible for collecting information from various
personnel and entering it in the database. If multiple people are inputting data, a municipality
could consider identifying a single person who would be responsible for ensuring that
information is being updated and entered in a consistent manner. If the database becomes more
complex, it might be necessary to hire a technician to maintain it. At even larger sizes, a
university or non-profit might be considered for management. A national resource for more
information on these complex database systems is the National Neighborhood Indicators
Partnership (see http://www.urban.org/nnip).
Additional Resources:
Amy E. Hillier et al., Predicting Housing Abandonment with the Philadelphia Neighborhood
Information System, p. 12, 2003,
http://repository.upenn.edu/cgi/viewcontent.cgi?article=1006&context=cplan_papers.
Alan Mallach, Bringing Buildings Back: From Abandoned Properties to Community Assets,
National Housing Institute, Montclair, New Jersey, 2006.
7
TOOL 2: IDENTIFYING A PARTY RESPONSIBLE FOR PROPERTY MAINTENANCE
The information below supplements the key questions section of the Vacant Properties toolkit,
and includes additional information about resources for identifying responsible parties.
How to determine which entity to contact?
There are a variety of ways to get information about what parties have a legal and financial
interest in a vacant property.
Property Tax Information: Financial institutions often pay property taxes even when
they do not own a property. This means that municipalities can often identify an
interested financial institution by contacting the county assessor and requesting the
mailing address on the property tax bill.1
Record of Deed: The record of deed for a property lists both the property owner and the
mortgagee (the lender or entity that has a security interest in the property). Note,
however, that information on the deed – especially the identity of the mortgagee – is
often out of date. The bank that originally made the loan almost certainly registered with
the recorder of deeds, but that bank may have sold the rights to the loan to another entity,
which may not have registered its interest in the property. However, if the property is
Real Estate Owned, the record of deed is likely to accurately reflect the true ownership
interest. Contact the county recorder of deeds to find the record of deed. 2
Mortgage Electronic Registration System (MERS): MERS is an electronic information
system used by the mortgage industry to record property information. A complete MERS
listing includes contact information for the current mortgagee, the servicer and the person
responsible for property maintenance and preservation. Much of the MERS database is
intended for use by financial institutions, but any government entity can subscribe to
MERS LINK, a free MERS database, to access relevant information.3 Municipalities can
find a property on MERS LINK by providing the property’s common address, the
homeowner’s social security number, or the homeowner’s name.
Lis Pendens: The Lis Pendens is a document filed by a financial institution when it
initiates a foreclosure on a property. The Lis Pendens includes the name of the bank or
financial institution that is initiating the foreclosure, and the foreclosing attorney. The Lis
1 The Cook County Assessor’s office provides basic property information here:
http://198.173.15.21/ccao/FindMyParcel.asp.
2 Cook County record of deed information can be accessed here: http://www.ccrd.info/CCRD/il031/index.jsp.
DuPage County record of deed information can be accessed here:
http://www.dupageco.org/recorder/generic.cfm?doc_id=332. The Cook County record of deed website requires the
Property Index Number (PIN) number for a property in order to search for its records, while the DuPage County
record of deed website allows searches with just a property address. To determine the PIN contact the county
assessor. The Cook County Assessor’s office provides PIN numbers here:
http://198.173.15.21/ccao/FindMyParcel.asp.
3 Government entities interested in signing up for MERS can find more information at:
http://www.mersinc.org/ppc/index.aspx.
8
Pendens can be obtained from the county court clerk’s office.4 Additionally, under an
Illinois law passed in 2009, municipalities will receive a copy of the Lis Pendens directly.
Some municipalities report that the foreclosing attorney, identified on the Lis Pendens, is
often helpful in locating someone who can take responsibility for addressing problems
with a vacant property.
Notice of Confirmation of Sale: The notice of confirmation of sale is a document sent by
a bank when a foreclosure sale is confirmed. The notice includes the name, address and
telephone number of the new owner of the property. A municipality may contact the new
owner with concerns about the property. Under a new Illinois law passed in the fall of
2009, municipalities will receive a copy of the notice of confirmation of sale directly.
Additional Resources:
Linda Pieczynski’s blog at http://www.codeattorney.com/ Linda is an attorney whose practice
includes a special emphasis on municipal prosecution in the areas of zoning, property
maintenance and building code violations. Her blog includes useful information about a number
of challenges municipalities face in engaging in successful code enforcement, including
contacting financial institutions.
4 Lis Pendens filed in Cook County can be found using a PIN number at http://198.173.15.31/V2/COUNTY/.
9
TOOL 3: COLLABORATION
The information below supplements the key questions section of the Vacant Properties
Toolkit and includes additional information about collaboration.
What types of collaboration are possible among municipal departments?
Exchanging Information: Exchanging information can help code enforcement
officials identify problem properties and address problems with those properties more
efficiently. One common example of this level of collaboration is consistently
sharing information about problem properties through a common database.
Determining Priorities Jointly: In planning how to address the foreclosure and
vacancy challenge, staff from multiple departments can jointly establish priorities.
For example, a municipality could determine that a particular area is a priority or that
a particular type of problem, such as crime, is a priority. Additionally, departments
might jointly determine the priorities for a particular property. For example, a
municipality may determine that the priority for a particular property is to get the
property boarded up or occupied. Discussions of priorities can be a first step toward
more structured collaboration.
Conducting Joint Inspections: Code enforcement departments can collaborate with
other groups in the field by conducting joint inspections. Joint inspection allows each
group to use its comparative advantages to address a problem.
Creating Task Forces: Task forces provide a more structured environment for
bringing together many different departments. Task forces meet on a regular basis
and are often organized either around a specific problem property or around broader,
long-term issues.
Which municipal departments should collaborate on addressing vacant property
issues?
Police Department: Police are an essential ally for code enforcement officials
because they work in the community and often have a great deal of information about
problem properties and neighborhoods. Code enforcement officials and police
officers should also consider joint inspections. Joint inspections allow the police to
pursue criminal action against particularly dangerous owners and code enforcers to
shut down criminal hot-spots by citing code violations.
Fire Department: Code enforcement officials should inform the fire department
about which properties are vacant. Such properties pose special hazards to
firefighters. Firefighters should not enter a property unaware that it is vacant. Code
enforcement officials may also consider conducting joint inspections with fire
inspectors so that fire inspectors can identify and abate fire threats.
10
Municipal Attorney: A municipal attorney is critical to assisting with enforcement of
municipal requirements related to vacant property and can offer advice on complex
cases in which the powers of the code enforcement department are in question.
Public Works: Public works departments secure properties and maintain property
exteriors. Public works employees also are often in the community and should
routinely inform code enforcement officials upon observation of problem properties.
Water Department: Water data should be shared between the water department and
the code enforcement department because water use is one of the strongest indicators
of property vacancy. Code enforcement data on vacant properties should be shared
with the water department so that the water department can consider shutting off
water on properties known to be vacant.
Which groups outside local government should municipalities collaborate with?
Other Local Governments: If code enforcement officials share information with the
county and other municipalities, all can learn valuable information about which
owners systematically avoid property maintenance.
Community Developers: Code enforcement departments can benefit when
community developers take control of properties and rehabilitate them. Code
enforcement officials can aid community developers by providing developers with
information about properties that may be particularly attractive for rehabilitation.
Neighborhood Groups: Neighborhood groups often serve as extra eyes and ears for
code enforcement officials, helping to identify problem properties and problem
owners. Neighborhood groups can help maintain properties as well, organizing
neighborhood clean-up days, lawn-mowing events and the like.
Property Owners: Municipalities can provide assistance and incentives to
responsible property owners, including landlords. Some owners, particularly those
who are elderly and poor, fail to maintain property simply because they lack the
resources, expertise or physical capacity to do so. Municipalities can assist these
owners by providing them with information and financial assistance where
appropriate. For example, many communities offer loan assistance programs for small
home repairs. Code enforcement departments can also encourage owners to maintain
their properties by lowering fees for permits and registries if an owner is
rehabilitating a property, accelerating the permit process for rehabilitation and
providing lien forgiveness for owners engaged in property rehabilitation.
11
Additional Resources:
Alan Mallach, Bringing Buildings Back: From Abandoned Properties to Community Assets,
National Housing Institute, Montclair, New Jersey, 2006.
Joseph Schilling, Code Enforcement and Community Stabilization: The Forgotten First
Responders to Vacant and Foreclosed Homes 2009. Available at:
http://www.vacantproperties.org/resources/documents/SchillingAlbanyLawReview.pdf.
Joseph Schilling et al., The Revitalization of Vacant Properties: Richmond, Virginia, 2002.
Available at: http://www.icma.org/main/topic.asp?hsid=1&tpid=17&stid=93.
Daryl Stephens, Mortgage Foreclosure: Police-Community Response 2010. Available at:
http://api.ning.com/files/I7BYZBEHeLgT9aMzDhRd3Af-
vG8Nn7VIo6qyTmkLNptS35wm3vCU9X3kiO*bABSqhZT1kn8YqfRaKogY5vGj0pEgDkTq4j
Dl/Stephens_ForeclosuresPoliceReponse.pdf.
12
TOOL 4: A VACANT BUILDING REGISTRY
The information below supplements the key questions section of the Vacant Properties
Toolkit, and includes examples of statutory provisions that address key elements of building
registry programs.
A vacant building registry requires owners (and, in some cases, financial institutions with an
interest in a property) to register vacant buildings with a municipality. When developing a
registry ordinance, municipalities must consider what purposes they want their building registry
program to serve. A registry can simply build upon related provisions that already exist in their
codes. For example, if a municipality already has existing code provisions relating to vacant
property, an ordinance establishing a vacant building registry could just amend the municipal
code by adding a handful of provisions focused specifically on registration requirements. If there
isn’t already a set of municipal code requirements applicable to vacant property, or if the
municipality seeks to strengthen requirements pertaining to vacant properties, an ordinance may
be more comprehensive in its scope, including both registration requirements and additional
obligations, such as securing and maintaining vacant properties and implementing plans to return
them to productive use.
This appendix identifies key provisions and options to be weighed in developing an effective
vacant building registry ordinance. It is organized as follows:
1. Why Should a Municipality Establish a Vacant Building Registry?
2. What Parties Should Be Subject to Registration Requirements?
3. What Properties Should Be Subject to Registration Requirements?
a. Vacant Properties
b. Non-Vacant Properties in Foreclosure
4. What Requirements Should Be Imposed on Registrants?
a. Registering
b. How Should the Registration Fee Be Structured
c. Should There Be Fee-Related Incentives?
d. Providing Contact Information for Responsible Parties
e. Securing and Maintaining Vacant Property
f. Ensuring Property Inspections
g. Maintaining Liability Insurance
h. Developing a Vacant Building Plan
5. What Are the Consequences of Non-Compliance?
6. Should There Be an Opportunity to Appeal?
Each provision can be considered separately and then evaluated in terms of how they work
together and with related code enforcement and nuisance provisions.
13
Why Should A Municipality Establish a Vacant Building Registry?
Many ordinances begin with a statement of findings about the conditions that require the
municipality to regulate vacant properties. Many also include a statement of the purpose of the
ordinance. Following are excerpts from ordinances in Mount Prospect and Oak Forest, Illinois.
A. From time to time there are structures within the village that are not in compliance
with village regulations, have become a threat to life and property or are vacant or
abandoned. Therefore, the village board of Mount Prospect makes the following
findings and declarations:
1. Noncomplying structures must promptly be made safe and secure to protect
the public safety and are declared to be a nuisance subject to the abatement
process set forth in this article.
2. Noncomplying structures are dangerous and unsafe in that they are extremely
vulnerable to fire, flooding, collapse or other hazards.
3. Noncomplying structures are a blight on their neighborhoods, cause
deterioration and instability in their neighborhoods and have an adverse
impact on other properties.
4. Structures that were previously used or occupied and have since become
vacant have a significant and detrimental impact on the local real estate
market.
5. Structures that are vacant and not properly secured attract vagrants and
criminals and are prime locations to conduct illegal activities, including
arson and drug use.
6. Structures that are vacant and unsecured pose serious threats to the public’s
health and safety and therefore are public nuisances.
7. Immediate abatement of these hazards or rehabilitation of these structures is
necessary to prevent unsightly blight and the deterioration of neighborhoods
with the consequent adverse impact on the value of adjacent and nearby
properties. Such actions are also necessary to secure the public safety and to
ensure and enhance the vitality and livability of our neighborhoods.
8. Communication between owners of noncomplying structures and the village is
essential for effective allocation of public resources and the maintenance of
public health, welfare and safety in regards to such structures.
B. The purpose of this article is to establish necessary measures to abate the public
nuisances, blight, negative housing market impact and other harmful effects
associated with noncomplying and vacant structures.
(Mount Prospect)
14
A. The purpose of this subchapter is to protect the public health, safety, and welfare by
enactment of this subchapter which:
1. Establishes a program for identification, registration, and regulation of
buildings which are or become vacant . . . .
2. Determines the responsibilities of owners of vacant buildings.
3. Provides for administration, enforcement, including abatement of public
nuisances, and imposition of penalties.
(Oak Forest)
What Parties Should Be Subject to Registration Requirements?
Vacant building registry programs typically apply to property owners. As a result of the
foreclosure crisis, however, many owners have left their properties and cannot be found. To
increase the likelihood that their properties will be adequately maintained and secured, some
communities, like Chula Vista, California, and Boston, impose the obligation to register on
financial institutions with an interest in the property. Following are excerpts from the ordinances
in these communities defining who must register.
Any Responsible Party*/Beneficiary** or their designee shall perform an inspection of the
Property that is the security for the Deed of Trust, upon default by the Trustor, within ten
(10) days of recording a Notice of Default with the San Diego County Recorders Office. If
the property is found to be vacant or shows evidence of vacancy, it is, by this chapter,
deemed abandoned and the Responsible Party/Beneficiary shall, within ten (10) days of the
inspection, register the Property.
*”Responsible Party” means the Beneficiary that is pursuing Foreclosure of a Property
subject to this ordinance secured by a mortgage, Deed of Trust or similar instrument or a
Property that has been acquired by the Beneficial interest at Trustee’s Sale.
**”Beneficiary” means a lender or other entity under a note secured by a Deed of Trust.
(Chula Vista)
15
All owners* must register. . . .
*”Owner” means every person, entity, service company, property manager or real estate
broker, who alone or severally with others:
(1) has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit, or
parcel of land, vacant or otherwise, including a mobile home park; or
(2) has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit or
parcel of land, vacant or otherwise, including a mobile home park, in any capacity
including but not limited to agent, executor, executrix, administrator, administratix,
trustee or guardian of the estate of the holder of legal title; or
(3) is a mortgagee in possession of such property; or
(4) is an agent, trustee or other person appointed by the courts and vested with
possession or control of any such property; or
(5) is an officer or trustee of the association of unit owners of a condominium. Each such
person is bound to comply with the provisions of these minimum standards as if he
were the owner. However, this ordinance shall not apply to a Condominium
Association . . . to the extent that such Association forecloses on or initiates the
foreclosure process for unpaid assessments due or owning to the Association. Owner
also means every person who operates a rooming house; or
(6) is a trustee who holds, owns or controls mortgage loans for mortgage backed
securities transactions and has initiated the foreclosure process.
(Boston)
What Properties Should Be Subject to Registry Requirements?
Vacant Properties
Most registry programs apply to vacant property, but the definition of what constitutes a vacant
property varies among communities. Some communities, like Burlington, Vermont, define
vacancy based on how long the property has been vacant or unoccupied. Others, like Evanston,
Illinois, define vacancy based on a combination of factors relating to the duration of the vacancy
and the physical attributes of the building. Certain categories of vacant property – e. g., seasonal
homes or properties under active construction, rehabilitation or repair – are typically excluded
from the definition or may be exempted from certain requirements.
“Vacant structure” means any structure or building that is unoccupied by a person or
occupied by unauthorized persons for 210 days, excepting permitted warehouse or permitted
storage structures, garages, vacation or resort facilities or those buildings or structures only
used on a seasonal basis, and those structures being newly constructed within the terms of
their building and zoning permits or under substantial rehabilitation for a period of 1 year
from the date that the building permit or zoning permit is issued – whichever is later.
(Burlington)
16
VACANT BUILDING: A building or portion of a building which is:
(A) Unoccupied and unsecured; or
(B) Unoccupied and secured by boarding or other similar means; or
(C) Unoccupied and a dangerous structure; or
(D) Unoccupied and condemned by the director pursuant to applicable provisions of this
code; or
(E) Unoccupied and has multiple code violations; or
(F) Unoccupied and the building or its premises has been the site of unlawful activity
within the previous six (6) months; or
(G) Condemned by the director and unlawfully occupied; or
(H) Unoccupied for over one hundred eighty (180) days and during which time the
director has issued an order to correct public nuisance conditions and same have not
been corrected in a code compliant manner; or
(I) Unoccupied for over two (2) years.
But not including: Unoccupied buildings which are undergoing construction, renovation, or
rehabilitation and which are in compliance with all applicable ordinances, codes,
legislation, and regulations, and for which construction, renovation or rehabilitation is
proceeding diligently to completion.
(Evanston)
Non-Vacant Properties in Foreclosure
Recognizing that properties in foreclosure are at high risk of vacancy or abandonment, some
communities, like Boston, Massachusetts, apply the requirement to register not only to vacant
properties but also to properties for which foreclosure has been initiated, whether or not the
property is vacant. For example, Boston’s ordinance provides that “All owners must register
vacant and/or foreclosing residential properties . . . .”
What Requirements Should Be Imposed on Registrants?
Basic requirements include a requirement to register and pay a registration fee. Effective
registration programs often include some combination of additional requirements to (1) identify,
provide, and update contact information for responsible parties; (2) secure and maintain the
property in accordance with local requirements and ensure periodic property inspections; (3)
maintain a minimum level of liability insurance; and (4) develop a detailed plan for maintaining,
rehabbing, reoccupying, or demolishing the building. The ordinance must also be clear about
how much time owners have to take each of the required actions before penalties will be
imposed.
Registering
The requirement to register should be an affirmative obligation on owners whose properties are
covered by the ordinance. Making registration an affirmative responsibility enables the
municipality to issue a violation notice if an owner fails to register, giving it added leverage in
prompting registration. Following are examples from ordinances in Mount Prospect and
Evanston.
17
When a structure becomes vacant, as defined [in the ordinance], the owner of the
structure shall apply for and obtain a vacant structure registration certificate and pay the
fee . . . .
(Mount Prospect)
The owner of a building who knows, or from all the facts and circumstances should know,
that his or her building is or has become a ‘vacant building’ within the meaning of this
[ordinance] after the effective date . . . or the owner of a building, which the director
determines at any time to be a “vacant building”, or the owner of a building whose
appeal from the director’s determination has been denied by the city manager” must
register the building and comply with all of the applicable requirements.
(Evanston)
How Should the Registration Fee Be Structured?
The most effective vacant property registries require the payment of a registration fee, as well
renewal fees at regular intervals. Revenue generated from such fees helps municipalities defray
the costs incurred in monitoring vacant properties and enforcing vacant property requirements.
The added cost of fees is also a critical factor in motivating owners to take action with respect to
their vacant properties.
The fee can be structured in a variety of ways to encourage owners to respond. For example,
Burlington, Vermont has a flat $500 fee, but it must be renewed quarterly. This creates an
incentive to return the property to productive use as quickly as possible.
Wilmington, Delaware, uses a progressive fee structure that kicks in once the property has been
vacant for 12 months and increases based on the duration of vacancy, regardless of whether there
have been any changes in ownership of the property. This creates a stronger incentive every year
to return the property to productive use.
Chicago uses a progressive fee structure in the event that a vacant property is in violation of any
provision of the building code or fire code at the time of renewal. Chicago provides a base
registration fee of $250, renewable every 6 months. However, if there are any violations at the
time renewal is required, the base fee is doubled to $500; at the time of the next renewal, the
base fee is tripled to $750 if there are any violations; and at the time of the next renewal, the base
fee is quadrupled to $1,000 if there are any violations. The renewal fee remains at $1,000 for
subsequent renewals if violations persist.
18
The following excerpts of ordinance language illustrate these three approaches to designing
registration fees.
A fee of five hundred dollars ($500.00) shall be charged for a vacant building permit or
renewal of such permits.* The fee is to be paid at the time of application or renewal. No
permit shall be issued prior to payment of the permit or renewal fee.
* The permit shall be effective for a period of up to 3 months.
(Burlington)
The owner of the vacant property as of November 1 of each calendar year shall be
responsible for the payment of the non-refundable registration fee. Said fee shall be billed by
the DLI and based on the duration of the vacancy as determined by the following scale:
i. No fee for properties that are vacant for less than one year;
ii. $500.00 for properties that are vacant for at least one year but less than two years;
iii. $1,000.00 for properties that are vacant for at two years but less than three years;
iv. $2,000.00 for properties that are vacant for at three years but less than five years;
v. $3,500.00 for properties that are vacant for at five years but less than ten years; and
vi. $5,000.00 for properties that are vacant for at ten years, plus an additional $500.00
for each year in excess of ten years.
(Wilmington)
The registration and renewal fee for each registered building shall be $250 (the “base
registration fee”).* Provided, however, that any vacant building subject to the base
registration fee that is in violation of any provision of the building code or fire code at the
time renewal is required shall be assessed a renewal fee of $500 for such renewal period (the
“doubled period”). If a vacant building in the doubled period is in violation of any provision
of the building code or fire code at the time renewal is required, the fee shall be $750 for
such renewal (the “tripled period”). If a vacant building in the tripled period is in violation
of any provision of the building code or fire code at the time renewal is required, the fee
shall be $1,000 for such renewal, and shall remain at $1,000 for each subsequent renewal, if,
at the time such renewal is required, the building is in violation (the “quadrupled period”).
*The registration shall remain valid for six months from the date of registration. The owner
shall be required to renew the registration for successive six-month periods as long as the
building remains vacant. . . .
(Chicago)
19
Should There Be Fee-Related Incentives?
As a further incentive for owners to take appropriate action, some municipalities allow waivers
or refunds of the registration or renewal fees. For example, Burlington’s program includes
liberal waiver provisions to encourage well-intentioned owners to try to sell or renovate their
properties. Wilmington offers a one-time waiver of the registration fee if the owner is in the
process of repairing, rehabbing, demolishing, selling or leasing the property. Cincinnati, Ohio,
allows a refund of the fee for the year in which the building is brought into compliance with the
building code and approved for re-occupancy, or if the building is demolished and the site
restored in compliance with code requirements. Excerpts from these ordinances are provided
below.
(1) All but $75.00 of this fee shall be waived upon a showing that the building or
structure is being actively marketed for sale or lease and maintained pursuant to the
requirements of this article and its vacant building permit or renewal thereof. An
owner shall be eligible for the waiver of the fee for no more than 8 permit periods,
not including any interim permit period that occurs within a permit period. The full
fee shall be tendered with the request for a waiver and shall be refunded of the waiver
is granted but for the $75.00. A person who purchases a vacant building shall have
this fee waived for the remainder of the permit period and the permit period
immediately following.
(2) All but $75.00 of this fee shall be waived when a building is being rehabilitated
pursuant to applicable building, fire, and zoning permits and the owner has spent at
least 5% of the assessed valuation of the building or structure on rehabilitation, not
including the cost of permits, in the prior 3 month period. The full fee shall be
tendered with the request for a waiver and shall be refunded of the waiver is granted
but for the $75.00.
(3) All but $75.00 of this fee shall be waived if an owner has secured all the duly
required state and local permits to demolish the building or structure. The full fee
shall be tendered with the request for a waiver and shall be refunded if the waiver is
granted but for the $75.00. The owner shall demolish the building or structure within
3 months of securing said permits; this waiver shall be void and the vacant building
permit fee shall be owed if the owner fails to demolish within this time. The time to
demolish may be extended upon a showing of good cause.
(Burlington)
A one-time waiver of the registration fee or an extension of a waiver for up to 90 days
may be granted by the commissioner of licenses and inspection upon application of the
owner and upon review and advice of the law department, within 30 calendar days from
the date of the bill for the registration fee, or if denied by the commissioner of licenses
and inspections, upon appeal to the license and inspections review board, if the owner:
20
i. Demonstrates with satisfactory proof that he/she is in the process of
demolition, rehabilitation or other substantial repair of the vacant building;
and
ii. Objectively demonstrates the anticipated length of time for the demolition,
rehabilitation, or other substantial repair of the vacant building; or
iii. Provides satisfactory proof that he/she was actively attempting to sell or lease
the property during the vacancy period.
iv. Has paid all past due vacant registration fees and all other financial
obligations and/or debts owed to the City of Wilmington which are associated
with the vacant property . . . . With regard to an extension of a waiver only,
the time period of the extension shall commence on the date of the written
decision granting the extension and, in no event shall an extension exceed 90
days. An extension of a waiver shall only be granted once.
(Wilmington)
The chief building official shall refund the fees for a vacated building maintenance
license paid if the subject building is brought into compliance with standards of the
[Cincinnati Building Code (CBC)]and approved by the code official for re-occupancy, or
the building is demolished and the site restored in accordance with the provisions of [the
applicable section of the] CBC, free of soil erosion, weeds, litter, and nuisance
conditions within one year of payment of the application fee.
(Cincinnati)
Providing Contact Information for Responsible Parties
In order to make it easier for a municipality to hold registrants accountable for the maintenance
of their property, ordinances typically require that registrants provide complete contact
information, including their name(s), street address and telephone number. In addition, many
municipalities require registrants to identify and provide contact information for any
mortgagor(s), lien holders and others with an ownership interest; the individual or property
management company responsible for the security and maintenance of the building, including a
24-hour telephone number; and, if the registrant resides outside the county where the property is
located, a local person who is authorized to accept service of legal notices or service of process
on behalf of the owner. Ordinance provisions should explicitly require that a street address, not a
post office box, be provided for owners and persons authorized to accept legal service on behalf
of the owner. Owners should also be required to file any changes in the information related to
responsible parties. These requirements can make it easier to locate owners when they fail to
respond and also speed up the resolution of code violations.
Some ordinances require that the name and 24-hour contact number of the party responsible for
maintaining the property be visibly posted on the vacant building. Posting allows anyone who
observes a problem at the property to contact someone who can respond and address the issue.
Some municipalities believe that such a posting requirement may advertise the vacancy of a
21
building that otherwise may not appear to be vacant, thereby inviting vandalism or negatively
impacting the immediate neighborhood. The benefits and risks associated with posting should be
weighed by each municipality.
Following are excerpts from ordinances in Oak Forest and Boston relating to the information that
must be provided.
The form shall include, as a minimum, the name, street address, and telephone number of
the owner; the case name and number of any litigation pending concerning or affecting
the building, including bankruptcy cases; and the name, street address, and telephone
number of all persons with any legal interest in the building or the premises. The form
shall require the owner to identify a natural person 21 years of age or older who
maintains a permanent address in Cook County, Illinois, to accept service on behalf of
the owner with respect to any notices the Director sends pursuant to this subchapter or
service of process in any proceeding commenced to enforce any provision of this
subchapter, and file with the Director on the registration form, the name, address,
telephone number, of said person. A street address is required. A post office box is not
an acceptable address.
. . . File an amended registration within 15 days of any change in the information
contained in the annual registration. A new registration is required for any change in
ownership whatsoever.
(Oak Forest)
All registrations must state the individual owner’s or agent’s phone number and mailing
address located within the Commonwealth . . . . The mailing address may not be a P. O.
Box. This registration must also certify that the property was inspected and identify
whether the property is vacant at the time of filing. If the property is vacant, the owner
and/or registrant must designate and retain a local individual or local property
management company responsible for the security and maintenance of the property. This
designation must state the individual or company’s name, phone number, and local
mailing address. The mailing address may not be a P. O. Box.
. . . The property must contain a posting with the name and 24-hour contact phone
number of the local individual or property management company responsible for the
maintenance. This sign must be posted on the front of the property so it is clearly visible
from the street.
(Boston)
Securing and Maintaining Vacant Property
Whether or not municipalities have established a vacant building registry, most have enacted
requirements for securing and maintaining vacant property.
Municipalities use a range of specificity in their ordinances related to securing vacant properties.
Some, like Minneapolis, Minnesota, use general language to require that the property be kept
safe and secure. Others, like Mount Prospect, spell out more detailed instructions.
22
The owner and the subsequent owners shall keep the building secured and safe.
(Minneapolis)
The owner of a vacant structure shall immediately lock, barricade or secure all doors,
windows and other openings in the structure to prohibit entry by unauthorized persons, in
accordance with the vacant structure maintenance standards . . . .
(Mount Prospect)
With regard to maintaining vacant properties, most vacant building registry ordinances
incorporate the municipality’s property maintenance code, while others may also include
maintenance requirements specific to vacant properties that must be performed within specified
time periods. Examples are included from Boston, Chula Vista and Mount Prospect.
Properties subject to this [ordinance] must be maintained in accordance with all applicable
Sanitary Codes, Building Codes, and local regulations concerning external and/or visible
maintenance.
(Boston)
The exterior of the Property shall be, in comparison to the Neighborhood Standard, kept free
of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any
accumulation of newspapers, 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 material or any other items that give the appearance that the
Property is Abandoned.
The Property shall be maintained free of graffiti, tagging or similar markings by removal or
painting over with an exterior grade paint that closely matches the color of the exterior of the
structure.
Insofar as there is existing or previously existing landscaping, all visible front and side yards
shall be maintained to the Neighborhood Standard at the time registration was required. . . .
(Chula Vista)
The owner of a vacant structure shall comply with all regulations of the village. To this end,
the owner shall apply for all building, fire prevention and zoning permits necessary to bring
the structure into compliance within ten (10) days of obtaining a vacant structure
registration certificate.
. . . The owner of a vacant structure shall, within ten (10) days of receipt of the vacant
structure registration certificate, complete the removal of all: 1) combustible materials from
the structure in compliance with the applicable fire prevention regulations; 2) waste, rubbish
or debris from the interior of the structure; and 3) waste, rubbish, debris or excessive
vegetation from the yards surrounding the vacant structure in accordance with the vacant
structure maintenance standards of this article.
23
. . . A vacant structure shall be subject to the following vacant structure maintenance
standards:
1. Structure Openings: Doors, windows, areaways and other openings shall be weather
tight and secured against entry by birds, vermin and trespassers. Missing or broken
doors, windows and other such openings shall be covered by glass or other rigid
transparent materials, which are weather protected, and tightly fitted and secured to
the opening.
2. Roofs: The roof and flashings shall be sound and tight, not admit moisture or have
defects which might admit moisture, rain or roof drainage, and allow for drainage to
prevent dampness or deterioration in the interior walls or interior of the structure.
3. Drainage: the structure storm drainage system shall be functional and installed in a
manner consistent with village regulations and allow discharge in a manner
consistent with village regulations.
4. Structure: The structure shall be in good repair, not in violation of village
regulations, structurally sound and free from debris, rubbish and garbage. The
structure shall be sanitary. The structure shall not pose a threat to the public health
and safety.
5. Structural Members: The structural members shall be free of deterioration and
capable of safely bearing imposed dead and live loads.
6. Foundation Walls: The foundation walls shall be structurally sound and in a sanitary
condition so as not to pose a threat to public health and safety. The walls shall be
capable of supporting the load of normal use and shall be free from open cracks and
breaks, free from leaks and be rodentproof.
7. Exterior Walls: The exterior walls shall be free of holes, breaks and loose or rotting
materials. Exposed metal, wood, or other surfaces shall be protected from the
elements and against decay or rust by periodic application of weather coating
materials, such as paint or similar surface treatment.
8. Decorative Features: The cornices, belt courses, corbels, terra cotta trim, wall
facings and similar decorative features shall be safe, anchored and in good repair.
Exposed metal, wood or other surfaces shall be protected from the elements and
against decay or rust by periodic application of weather coating materials, such as
paint or similar surface treatment.
9. Overhanging Extensions: All balconies, canopies, marquees, signs, metal awnings,
stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in
good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be
24
protected from the elements and against decay or rust by periodic application of
weather coating materials, such as paint or similar surface treatment.
10. Chimneys And Towers: Chimneys, cooling towers, smokestacks and similar
appurtenances shall be structurally safe and in good repair. Exposed metal and
wood surfaces shall be protected from the elements and against decay or rust by
periodic application of weather coating materials, such as paint or similar surface
treatment.
11. Walkways: Walkways shall be safe for pedestrian travel.
12. Accessory And Appurtenant Structures: Accessory and appurtenant structures such
as garages, sheds and fences shall be free from safety, health and fire hazards and
shall comply with all village regulations.
13. Premises: The premises upon which the structure is located shall be clean, safe and
sanitary. It shall be free from waste, rubbish, debris or excessive vegetation in
compliance with village regulations and shall not pose a threat to public health and
safety.
(Mount Prospect)
Ensuring Property Inspections
In order to assess and document the condition of vacant buildings and ensure compliance with
safety and maintenance requirements, many municipalities require periodic property inspections.
Chicago requires owners to give access to the City to conduct interior and exterior inspections
for compliance with code requirements every six months, following reasonable notice. In Oak
Forest, the owner must allow for a code compliance inspection of the interior of the vacant
building and must pay an inspection fee of $500. Some municipalities place the burden of
property inspection on the registrant. For example, Boston requires that the registrant certify that
the property was inspected and requires monthly inspections and maintenance for the duration of
the vacancy. In East Dundee, Illinois, owners must arrange for inspections to be performed by a
licensed inspection company or individual and submit such inspection reports to the village.
After filing a registration statement, the building owner shall provide access to the city to
conduct an exterior and interior inspection of the building to determine compliance with
the municipal code, following reasonable notice, during the period covered by the initial
registration or any subsequent renewal.
(Chicago)
The owner shall allow for a code compliance inspection of the interior of the vacant
building and shall pay the $500 fee therefor within 30 days of the inspection. Such
inspection will determine the extent of compliance with city property, building codes,
health, fire, water and sewer codes. . . .
(Oak Forest)
25
This registration [of vacant and/or foreclosing properties] must also certify that the
property was inspected . . . .
The owner, local individual or local property management company must inspect and
maintain the property on a monthly basis for the duration of the vacancy. . . .
The Inspectional Services Department shall have the authority and the duty to inspect
properties subject to this section for compliance and to issue citations for any violations.
The Inspectional Services Department shall have the discretion to determine when and
how such inspections are to be made, provided that their policies are reasonable
calculated to ensure that this section is enforced.
(Boston)
Each vacant building registered herein shall be inspected periodically, but not less than
annually. The building owner shall, at the owner’s expense, submit the inspection report
to the Village of East Dundee Building Department. The report shall be prepared by a
duly licensed inspection company or individual and will provide information as follows:
(A) Building Openings. Doors, windows, areaways, and other openings shall be
weather-tight and secured against entry by birds, vermin and trespassers. Missing
or broken doors, windows, or other openings shall be secured.
(B) Roofs. The roof and flashings shall be sound and tight, not admit moisture, or
have defects which might admit moisture, rain or roof drainage.
(C) Drainage. The building storm drainage system shall be functional and allow
discharge in an appropriate manner.
(D) Building Structure. The building shall be maintained in good repair and be
structurally sound. Structure members shall be free of deterioration and capable
of safely bearing imposed dead and live loads.
(E) Foundation Walls. Shall be maintained structurally sound and in a sanitary
condition so as not to pose a threat to public health and safety, shall be capable
of supporting the load which normal use may cause to be placed thereon, and be
free from other cracks and breaks, and free from leaks.
(F) Exterior. The property must comply with Appendix A – International Property
Maintenance Code adopted by the Village.
(East Dundee)
Maintaining Liability Insurance
Some vacant property ordinances require owners to maintain a minimum level of liability
insurance on vacant properties. The added cost of maintaining liability insurance provides
another incentive for owners to repair or rehabilitate their properties and also spreads the risk of
injury caused by the dangers of vacant property. Because property liability insurance can be
purchased only by property owners, requirements to maintain liability insurance should exempt
third parties such as banks or mortgage servicers who may be subject to other registration-related
requirements. For example, Oak Forest’s ordinance requires that owners:
26
Obtain liability insurance and maintain such insurance for as long as the building is vacant
and file evidence of such insurance with the director, as follows: $500,000 for a vacant
residential building of one to three units; $750,000 for a vacant residential building of four
to 11 units; $1,000,000 for a vacant residential building of 12 to 48 units; $2,000,000 for a
vacant residential building of more than 48 units; and $2,000,000 for a vacant
manufacturing, industrial, storage, or nonresidential commercial building.
Developing a Vacant Property Plan
Among the most important components of successful building registry programs is a requirement
that owners submit a “statement of intent,” or vacant property plan, that sets forth the expected
period of vacancy, plans for maintaining the property during the vacancy, and a detailed plan and
timeline for reoccupying, rehabbing or demolishing the building. Those communities with
experience in administering property registry programs believe such a requirement is particularly
valuable because it provides a tool for the municipal staff to engage with motivated property
owners and help them think concretely and realistically about appropriate steps that need to be
taken to identify and address problems with their properties. For example, Evanston requires an
owner to have an approved vacant property plan within 30 days of filing the registration form.
Failure to have an approved plan within this time period or failure to comply with an approved
plan constitutes a violation of the ordinance, subjecting the owner to applicable penalties and
remedies. Included below are excerpts from the ordinances in Evanston and Mount Prospect.
At the time a building is registered as required herein, the owner shall submit a vacant
building plan. The director may prescribe a form for the plan. If the owner fails to
submit the plan as provided for by this [ordinance], the director may determine the plan.
The plan shall contain the following as a minimum:
1. A plan of action to repair any doors, windows, or other openings which are
boarded up or otherwise secured by any means other than conventional
methods used in the design of the building or permitted for new construction
or similar type. The proposed repair shall result in openings being secured by
conventional methods used in the design of the building or by methods
permitted for new construction of similar type with board removed. Boarding
shall be accomplished with materials and methods described by the Director
and available from the Director or on the City website,
www.cityofevanston.org. The owner shall maintain the building in an
enclosed and secure state until the building is reoccupied or made available
for immediate occupancy. If the owner demonstrates that securing of the
building will provide adequate protection to the public, the director of
community development may waive the requirement of an enclosure.
2. For buildings and premises thereof which are determined by the director as
being or containing public nuisances, as defined in this chapter, then the
27
vacant building plan shall contain a plan of action to remedy such public
nuisances(s).
3. A time schedule identifying a date of commencement of repair and date of
completion of repair for each improperly secured opening and nuisance
identified by the director.
4. When the owner proposes to demolish the vacant building, then the owner
shall submit a plan and time schedule for such demolition.
5. A plan of action to maintain the building and premises thereof in conformance
with this chapter.
6. A plan of action, with time schedule, identifying the date the building will be
habitable and occupied or offered for occupancy or sale. The time schedule
shall include date(s) of commencement and completion of all actions required
to achieve habitability. No plan which [fails to provide] for compliance with
this chapter or, which will not, as determined by the director, achieve such
compliance, within six (6) months, in the case of a vacant boarded building,
and two (2) years, in the case of a vacant, unboarded, and code compliant
building will be approved.
7. All premises upon which unoccupied or vacant buildings are located and the
exteriors shall at all times be maintained in compliance with this code.
8. Exterior lighting according to standards established by the director and
available from the director or on the city web site: www.cityofevanston.org.”
. . . In considering the appropriateness of a vacant building plan, the director shall
include the following in his or her consideration and shall make written findings as to
each:
1. The purpose of this chapter and intent of the city council to minimize the time
a building is boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or ameliorate
the condition it is designed to address.”
(Evanston)
28
The application by the owner of a vacant structure [for a vacant structure registration
certificate] shall include a “statement of intent” that shall set forth information as to: 1)
the expected period of vacancy (including the date of initial vacancy); 2) the plan for
regular maintenance during the vacancy to comply with the vacant structure
maintenance standards . . .; 3) a plan and time line for the lawful occupancy,
rehabilitation or removal or demolition of the structure; 4) measures to be taken to
ensure that the structure will be kept weather tight and secure from trespassers and that
it is safe for entry by police officers and firefighters in times of exigent circumstances or
emergency; 5) measures to be taken to assure that the premises remain free from
nuisance and in good order in conformance with the vacant property maintenance
standards; and 6) list all persons authorized to be present in the structure and provide
notices of trespass to the police authorizing the arrest for trespass of individuals not on
the list. (The owner shall update the authorized person list as needed.)
(Mount Prospect)
What Are the Consequences of Non-Compliance?
Most ordinances impose a fine for failing to register, as well as for failing to comply with any
requirements of the building property ordinance. Each violation and each day’s failure to
comply can be a separate offense. Financial penalties provide an additional incentive for
compliance and help to cover costs incurred by the community in the event of noncompliance.
Such penalties can be in addition to those already imposed through code enforcement or nuisance
abatement programs. Mount Prospect’s ordinance provides that any violation of its vacant
property ordinance is also a nuisance. Municipalities should seek a judgment lien to collect any
unpaid fees, fines and costs they have incurred. Some home rule communities, like Evanston,
also refuse to issue transfer stamps or certificates of occupancy until such fees, fines and costs
have been paid. Language from the Evanston and Mount Prospect ordinances is excerpted
below.
A premises upon which is situated a vacant building for which inspection fees or
registration fees imposed pursuant to this chapter have not been paid in full is not
eligible for city real estate transfer tax stamps. Unpaid fees shall be a lien upon the
property.
. . . A certificate of code compliance for vacant buildings issued by the community
development department and payment in full of all fees imposed pursuant to this chapter
are required prior to any occupancy of a vacant building.
. . . (A) Any person found to have violated any provision of this chapter shall be subject
to a minimum fine of one hundred dollars ($100.00) per day per violation to a maximum
of seven hundred fifty dollars ($750.00) per day per violation, in addition to any other
legal or equitable remedies available to the city. Such other remedies include, but are
not limited to, injunctive relief, application to a court of competent jurisdiction for a
29
receiver, demolition, or condemnation, contracting for the repair or purchase of the
premises, or foreclosure of any lien the city may have thereon.
(B) A separate and distinct offense shall be committed each day on which such person or
persons shall violate the provisions of this chapter.
(C) The city may enforce this chapter in its administrative adjudication system or through
the court system . . . .
(D) Nothing herein contained shall prohibit the city from immediately condemning as
provided for in this code a building or taking other immediate action upon a
determination that the building is a public nuisance or poses an imminent danger to the
occupants of the building, or the public, health, safety and welfare.
(Evanston)
A. Any person found to be in violation of any provision of this article shall be subject to
a fine as set forth in appendix A, division III of this code. Each day’s failure to
comply with an order of the director shall constitute a separate offense. Prosecution
under this section is a remedy cumulative to any and all other remedies at law and
equity, and in no way preempts, supersedes or bars prosecution for violation of this
article under subsection B of this section.
B. Any violation of this article is also declared to be a nuisance and subject to removal
or abatement as set forth in this article. An abatement action pursuant to section
23.2505 of this article is discretionary and is not a precondition to prosecution under
this section.
(Mount Prospect)1
Should There Be an Opportunity to Appeal?
Most vacant property ordinances include provisions for appealing any findings made under the
ordinance and/or for seeking a variance from certain requirements. For example, Mount
Prospect’s ordinance provides for appeals, while Burlington’s ordinance provides for both
appeals and variances.
1 Mount Prospect’s vacant structure registration form requires the owner to sign an agreement acknowledging as
follows:
I understand that failing to abide by [the regulations set forth] and maintain the structure in compliance without
further notice may result in abatement of any nuisance without further notice by the Village and all costs, including
an administrative fee up to $200.00, will be charged. Failure to pay the costs and penalty may result in the
following:
1. The denial of any future permits or Certificate of Occupancy
2. The denial of transfer stamps should property be sold
3. Referring the debt to a collection agency
4. A lien placed on the property
30
A party aggrieved by an action of the director pursuant to this article may appeal such
action by requesting a hearing before the village’s administrative law judge.
(Mount Prospect)
(a) A party aggrieved by an action of the director shall appeal such action by requesting
a hearing to the board of appeals . . . .
(b) Any person subject to the provisions of this article may seek a variance from the
provisions of this article before the board of appeals in the same manner that an
appeal is taken to the board, and subject to the same procedures as an appeal.
(c) Where a variance is requested by an applicant, the board of appeals may grant such
a variance, and render a decision in favor of the appellant, if the following are found
by the board:
1) That there are circumstances or conditions that make strict compliance with
the provisions of this article unusually difficult or unduly extensive, or would
create an undue hardship;
2) That such a hardship or condition has not been created by the applicant; and
3) That the variance requested will represent the minimum relief necessary and
will represent the least deviation possible from the requirements of this
article.
(d) In rendering a decision in favor of an applicant, the board of appeals shall attach
such conditions to such variance as it considers necessary and appropriate under
the circumstances to implement the purposes of this article.
(Burlington)
Additional Resources:
For more information about Boston, Massachusetts’ program for Vacant/Foreclosed/and
Foreclosing Properties, go to http://www.cityofboston.gov/isd/foreclosure.
For a copy of Burlington’s Vacant Building Permit Application, go to
http://www.ci.burlington.vt.us/codeenforcement/docs/VB%20Permit%20Application%20Form.p
df; for a copy of the Vacant Building Renewal Application, go to
http://www.ci.burlington.vt.us/codeenforcement/docs/VB%20Permit%20Renewal%20Form.pdf
For more information about Chula Vista, California’s Abandoned Residential Property Program,
go to
http://www.chulavistaca.gov/City_Services/Development_Services/Planning_Building/Building/
Code_Enforcement/AbanResPropertyProg.asp.
For more information about Chicago, Illinois requirements pertaining to vacant buildings, go to
http://egov.cityofchicago.org/city/webportal/portalDeptCategoryAction.do?BV_SessionID=@@
@@0331240820.1252603963@@@@&BV_EngineID=cccfadeifikhdfecefecelldffhdfho.0&dept
CategoryOID=-
536883478&contentType=COC_EDITORIAL&topChannelName=Dept&entityName=Buildings
&deptMainCategoryOID=-536883466.
31
For more information about Cincinnati, Ohio’s Vacant Building Maintenance License Program,
go to http://www.cincinnati-oh.gov/cdap/downloads/cdap_pdf34664.pdf.
For a copy of Evanston, Illinois’s Vacant Buildings Ordinance, go to
http://www.cityofevanston.org/departments/communitydevelopment/property/pdf/vacant_buildin
gs_ordinance.pdf.
For more information about Mount Prospect, Illinois’ Vacant Structure Registration Program,
contact Bob Roels, Coordinator, Environmental Health Division, 847-870-5668.
For more information about Wilmington, Delaware’s Vacant Property Registration Fee Program,
go to http://www.wilmingtonde.gov/VacantProperties/index.htm.
32
TOOL 5: TARGETING CODE ENFORCEMENT
The information below supplements the key questions section of the Vacant Properties
Toolkit and details the indicators developed in one targeted code enforcement program.
How can a municipality target resources by geographic area?
Municipalities sometimes decide to focus special attention on one or more defined geographic
areas. To do so, they must first decide how to divide the municipality into specific areas.
Municipalities can consider traditional descriptions of geographic areas, including blocks, zip
codes, census tracts and neighborhood. Municipalities may also decide to rely on less formal
geographic areas that are commonly known and understood in the municipalities. For example,
some municipalities have a clearly defined “old part of town” and “new part of town.”
Once a municipality has been organized into geographic areas, a municipality can categorize
each area based on a set of criteria, or indicators. The indicators serve mainly as a way to group
geographic areas and determine which areas are similar and in need of which resources. In
Richmond Va.’s Neighborhoods in Bloom Program, for example, the city split its neighborhoods
into four categories based on several indicators:
Redevelop: Neighborhood has extensive problems
Neighborhood has high concentration of vacant structures
Neighborhood has significant criminal activity
Poverty level (greater than 50 percent) is high
There is minimal owner-occupied housing
There is no neighborhood capacity for revitalization
Revitalize: Neighborhood shows significant signs of decline, contains conservation areas,
receives numerous federal grants and has houses that can be rehabilitated.
Significant number of structures are vacant
There is significant criminal activity
Poverty rate is 30 percent to 50 percent
Some housing is owner-occupied
Neighborhood capacity for revitalization is low
Neighborhood decline may be recent and swift
33
Stabilize: Neighborhood shows marginal signs of decline; code enforcement issues exist
Some structures are vacant
Criminal activity is resilient (attempts to eliminate have been relatively unsuccessful)
Twenty to 30 percent of households are at or below the poverty level
Owner-occupied housing may be as much as 40 to 60 percent
Neighborhood may have been in a state of decline for a long time
Neighborhood may have had long-term attention in the form of public dollars or
planning
Protect: Neighborhood has few problems but requires attention to maintain quality of life
No or very few structures are vacant
Criminal activity is minimal
Owner occupancy is relatively high
Poverty rate is relatively low (less than 20 percent)
Initial signs of decline may be present
Municipalities may identify more than one geographic area that meets its criteria for targeting. A
municipality may also decide to target multiple areas, but target each with different tools. For
example, a municipality may determine that an area on the brink of decline should be targeted
with additional resources for code enforcement while an area with limited strengths and
tremendous vacant property problems should be targeted with additional resources for
receivership or redevelopment.
For help in creating a set of neighborhood indicators, contact the Urban Institute, which runs the
Neighborhood Indicators Partnership at http://www2.urban.org/nnip/
Additional Resources
Frank G. Jackson, Making Cleveland a City of Choice, 2007. Available at:
http://www.city.cleveland.oh.us/clnd_images/mayor/initiatives/choice.pdf.
Brooklyn and Curtis Bay, Strategic Neighborhood Action Plan, 2005. Available at:
http://www.ci.baltimore.md.us/government/planning/images/BrooklynCurtisBaySNAP.pdf.
Joseph Schilling et al., The Revitalization of Vacant Properties: Richmond, 2002. Available
at: http://www.icma.org/main/topic.asp?hsid=1&tpid=17&stid=93.
34
Alan Mallach, Managing Neighborhood Change: A Framework for Sustainable and
Equitable Revitalization, 2008. Available at:
http://www.nhi.org/pdf/ManagingNeighborhoodChange.pdf
35
TOOL 6: RECOVERING COSTS OF PROPERTY MAINTENANCE
The information below supplements the key questions section of the Vacant Properties
Toolkit and includes details on how municipalities can recover the cost of property maintenance
in both a traditional sale and a foreclosure sale.
How can a municipality recover its municipal liens?
How municipalities recover the cost of property maintenance in a traditional sale
Title Process: Many liens will be recovered through the normal title review process
conducted at the point of sale. When a seller transfers a property to a buyer, the buyer
will have a title company conduct a title search. If a municipality has properly recorded
its liens, the title company should find them in the title search and refuse to provide
insurance for a clean title unless those liens are first paid off by the seller. While most
sellers will pay off valid liens at that point, some sellers will attempt to force the buyer to
buy the property with the liens attached and have the title company only insure the title
accounting for the existing liens.
Transfer Stamps: Home rule municipalities with transfer stamps are able to leverage
those transfer stamps in the sale process by refusing to give the seller the transfer stamp
until the seller has paid all of the municipal liens. This provides an attractive option for
home rule municipalities in cases where the title search process does not cause the seller
to pay the full value of any outstanding municipal liens.
Occupancy: If all municipal liens are not paid at the point of sale, some municipalities
have chosen to attempt to collect remaining municipal liens before occupancy.
Municipalities with public water service or certificates of occupancy may threaten not to
turn on water service or grant certificates of occupancy before all municipal liens are
paid. Some municipalities make such threats before the sale is completed so that the
seller is forced to pay the municipal liens. Other municipalities wait until after the sale is
complete and, if all liens are not paid off they then, use these remedies to induce buyers
to pay the liens.
How municipalities recover the cost of property maintenance in a foreclosure sale
The Problem: Municipalities doing work on a property that has not yet gone through the
foreclosure process should be concerned about recovering the value of their liens at
foreclosure sales. Because municipal liens are generally recorded after at least one
mortgage on a home, these municipal liens are often junior to mortgage liens in
foreclosure. When home values are relatively high, the high value generally ensures that
a municipality will recover the value of their liens. For example, assume at the time of
foreclosure that a home is worth $200,000, there is a $100,000 mortgage in place, and
there are municipal liens worth $5,000. At the foreclosure sale, the mortgage holder will
recover $100,000, the municipality will recover $5,000, and the homeowner will receive
$95,000. However, in today’s market, where home values are relatively low,
municipalities may not recover the value of their liens in foreclosure. For example,
36
assume that a home is worth $200,000 at the time of a foreclosure and that there are
municipal liens worth $5,000, but there is a $300,000 mortgage debt in place because the
home was originally worth $500,000. At the foreclosure sale, the mortgage holder will
recover $200,000, and the municipality will recover $0. Municipalities must understand
this dynamic in order to gauge how likely they may be to recover the value of their liens.
Priority Liens: In Illinois, to circumvent the risk that they will not be able to cover their
liens at foreclosure sale, municipalities can obtain a priority lien. When a municipality
has a receiver appointed to maintain a property (see Tool 7) the municipality receives a
priority lien and is no longer junior to the mortgage debt in foreclosure. Alternatively, as
a result of a new Illinois law, municipalities can now obtain priority liens for the
maintenance of vacant property provided the municipality follows the steps outlined in
the new legislation. (This new legislation is discussed in greater detail in the main text.)
Special Assessments: Municipalities may consider making the costs associated with
property maintenance a special assessment on a property tax bill. In order to get the costs
of municipal maintenance on a property tax bill, after proper notice, the property must be
cited with a code violation relating to cutting of grass and weeds, the removal of garbage
and debris, as well as a few other activities; certain documentation must be provided, the
fine must go through the same review procedures as other building code violations, and a
lien must be placed on the property. While some of these provisions create a heavy
burden on municipalities and may make the special assessment option undesirable, there
may be some times where a property presents a significant enough problem that the
potential benefit will outweigh the burden.
37
TOOL 7: RECIEVERSHIP
The information below supplements the key questions section of the Vacant Properties
Toolkit.
What Are Common Challenges in Receivership?
Initial Financing: Though rental income and receiver’s certificates allow
municipalities to defray the cost of repairing properties, these mechanisms have
limitations. Rental income can be unpredictable as tenants move in and out and parts
of buildings are closed down for repairs. Also, lenders may be wary of lending to
receivers because receivers do not have title to the property. Because a receiver’s lien
is a significant encumbrance on a property, banks may be reluctant to lend to
someone who wants to purchase the property.
Timing. Even a municipality which aggressively forecloses on liens will face an
obstacle to recovering costs because a municipality must wait 15 days after filing a
lien before a foreclosure hearing can be conducted and another 60 days after the entry
of a foreclosure order before the redemption period has expired. In the time it takes
for the municipality to recover the lien from the value of a property or from an owner,
the property may decline in value for the same reasons the property was initially in
trouble. Municipalities that operate a large scale receivership program should
consider addressing this problem in two ways. First, municipalities should consider
filing a lien as soon as the municipality accrues significant costs. Additional costs can
then be added to the lien proceedings as it makes it ways through the foreclosure
process. Second, municipalities should consider having receivers perform only the
maintenance necessary for property stabilization. Further property rehabilitation can
take place once a new owner takes possession of the property. In this way, the
municipality does not put a substantial part of its resources at stake on each property
in receivership.
How Can Non-Profit Organizations get a Receiver Appointed?
The Abandoned Housing Rehabilitation Act allows a variety of organizations to petition for and
become receivers for distressed properties. An organization is eligible to be a receiver if it is an
Illinois corporation, agency, partnership, association, firm, or other entity which has two or more
people, is conducted on a non-profit basis, and has among its purposes the improvement of
housing. Municipalities are not organizations under this law.
An organization can ask a court to become a receiver if the property has been continuously
unoccupied for a year, the property is a nuisance, the organization intends to use the property for
low- and moderate-income housing after the property is rehabilitated, and the organization
provides notice of the proceeding to the property’s owner, judgment creditor, tax purchaser, or
other party that has a legal or equitable interest in the property. Once in court, the organization
38
must submit a rehabilitation plan for the property and show that it has sufficient resources to be a
receiver.
After the court appoints an organization as the receiver, the owner has two years to regain
control of the property. If the owner is successful in regaining control, the owner must repay the
organization’s expenses for rehabilitating the property. If the owner does not regain control
within two years, the organization can gain title to the property, and then use the property for
low- and moderate-income housing.
39
TOOL 8: ACQUIRING PROPERTIES
The information below supplements the key questions section of the Vacant Properties
Toolkit and includes details of the tax sale process and a specific example of a successful land
banking program.
How can a municipality acquire properties?
Purchase Properties. Municipalities can simply purchase properties on the same basis as
a private actor. Such purchases, however, are subject to both financial resource
constraints and political approval. In the current environment, there are increasing federal
resources available for such purchases through programs such as the Neighborhood
Stabilization Program
(http://www.hud.gov/offices/cpd/communitydevelopment/programs/neighborhoodspg/).
Eminent Domain. Municipalities can acquire properties through the use of eminent
domain, which requires that a property be taken only for a public purpose and that the
owner receive just compensation. Under Illinois law, municipalities may use eminent
domain to take individual blighted properties even if they are not part of a larger
redevelopment area.
Transfers. Municipalities can receive properties through transfers from other government
entities, private individuals or non-profits. Some property owners may wish to transfer
properties to a municipality or a non-profit, such as a community development
corporation, either for free or at a discount, in order to gain state and federal tax
advantages.
Tax Sales.
How does the tax sale process work?
Many owners who have abandoned their properties stop paying property taxes. In Illinois, the
property taxes are then “sold” to a third-party tax buyer. The owner may “redeem” the property
within two years, by paying the tax buyer for the taxes the owner had failed to pay, plus interest.
If the owner does not redeem the property within two years, the tax buyer takes title to the
property.
How are the taxes “sold”?
Unpaid property taxes are are “sold” by the county at an annual tax sale. At the tax sale,
individuals bid on the taxes for each property in an auction-style format. When an individual bids
at an annual tax sale, they pledge to pay the full value of the property taxes to the various taxing
entities, including the municipality, county, and other taxing bodies, immediately. A winning
bidder is the individual that bids the lowest interest rate. This is the interest rate that dictates how
40
much the property owner must pay in order to redeem the owner’s property taxes from the
winning bidder. Essentially, the lower the interest rate the easier it is for a property owner to
redeem the owner’s property taxes and the less money the property tax buyer will make in the
transaction. If taxes are not sold at an annual sale, two things can happen. If the property is
worth more than the debt, then the property is forfeited to the State of Illinois. If the property is
worth less than the debt, it goes to a scavenger sale. At a scavenger sale, taxes are sold for less
than the value of the taxes and the taxing district often receives far less than the full value of the
outstanding property taxes.
Why acquire properties through the tax sale process?
Acquiring properties through the tax sale process is almost always cheaper for municipalities
than buying a property on the open market. If a municipality purchases the property taxes on a
property and if the property taxes are not paid back within two years, the municipality will
acquire absolute title to the property. Additionally, if a property is not being maintained between
the time a municipality purchases the tax on a property and the time the municipality acquires the
property, the municipality can petition the court to prevent waste on the property, including
doing so by appointing a receiver for the property. Once a municipality acquires the property, the
municipality can abate all unpaid municipal property taxes on the property. There are, however,
costs to acquiring property through the tax sale process, including legal fees and holding costs
for acquired properties.
How can a municipality acquire a property through the tax sale process?
If taxes are owed to a municipality, the municipality may participate in the tax auction for that
property on the same basis as other entities. This requires the municipality to abide by all the
requirements of the tax sale process, including paying the full value of the taxes when they are
purchased and bidding based upon the interest rate the municipality is willing to charge the
property owner. Any taxing district, including a municipality, can bid at the scavenger sale.
With the help of a willing county government a municipality can also acquire a property through
a tax sale without paying cash for the value of the property taxes. This means that the county can
acquire the taxes to the property without having to pay cash up front and then acquire the
property in two years if the owner does not repay the property taxes. In effect, the county agrees
to pay the taxes on the property instead of paying cash, and then uses its authority to extinguish
the taxes, including the amount owed to taxing entities besides the municipality. After a county
acquires the property, it can transfer the property free and clear to the municipality in which the
county is located.
Are there any models for acquiring properties in a systematic way?
Land banking is the main model for acquiring properties in a systematic way. Land banks are
governmental or quasi-governmental entities established to acquire troubled properties, hold
them, ensure adequate property maintenance and ultimately convey them in a way that returns
them to productive use. Land banks can generally acquire, hold and convey property more
effectively and efficiently than traditional government agencies because land banks are created to
carry out those narrow tasks, can develop the necessary capacity and highly-specialized skills,
41
and can operate free of much of the bureaucracy that makes it difficult for governments to
acquire and convey property.
Under existing state law, Illinois municipalities can engage in the core functions of land banking
– strategically acquiring, redeveloping and disposing of vacant properties to bring those
properties back into productive use. To do so, a municipality or group of municipalities could
create a team of municipal staff members or even a separate committee within municipal
government to focus on the problem of acquiring and redeveloping vacant properties.
A major challenge for municipalities engaging in land banking is finding the funding necessary
to acquire property. This problem can be partially addressed by acquiring properties thorough the
tax sale process. In addition, where state, federal, private or non-profit dollars are available, an
aggressive redevelopment strategy can be pursued without much direct municipal funding.
Land banks could work even more effectively to return troubled properties to productive use if
Illinois law were amended to authorize municipalities to give land banks some of the powers
they have been given in other states. For example, land banks could be authorized – like counties
– to make “no cash bids,” in order to acquire properties more easily. To make it easier to sell a
property and return it to productive use, land banks could also be granted the power to extinguish
all outstanding city and county taxes on a property. A variety of systems can be put in place to
ensure that land banks are accountable to the jurisdictions that create them. For example, land
banks can be governed by boards comprised in whole or in part by local government officials.
Land banks can have their own dedicated staff, or be staffed by employees that work for relevant
government departments.
Additional Resources
Frank Alexander, Land Banking as Metropolitan Policy, 2008.
http://www.brookings.edu/papers/2008/1028_mortgage_crisis_alexander.aspx
Frank Alexander, Land Bank Authorities: A Guide for the Creation and Operation of Local
Land Banks, 2005. http://www.lisc.org/content/publications/detail/793/
Living Cities, Purchasing Properties at Scale: Lessons on Acquiring REOs During the
Foreclosure Crisis from Pioneering Project, 2009.
http://api.ning.com/files/kUQU9L5Wi0mZzeHd-
twUmYNtAaEO*SK0o4LNP52Rg2s6uF0ZRSaLYf6uHyZANcIW7PQqUypAjbH8Fr6h*vat9qp
Hx5sVSTK-/20090916AcquisitionCaseStudy.pdf
LAW OFFICE
KATHLEEN FIELD ORR & ASSOCIATES
53 WEST JACKSON BLVD.
SUITE 964
CHICAGO, ILLINOIS 60604
(312)382-2113
(312)382-2127 facsimile
KATHLEEN FIELD ORR BETHANY S. NYSTROM
kfo@kfoassoc.com bsn@kfoassoc.com
MEMORANDUM
To: Krysti Barksdale-Noble, Community Development Director
From: Bethany Nystrom
Kathleen Field Orr & Associates
Date: April 15, 2015
Subject: Vacant Property Registry
This memorandum is in response to your inquiry into whether or not the City may require
banks to register vacant properties that they are foreclosing on with a vacant property registry
and pay registration fees.
Illinois law requires banks to mail to the City a copy of the notice of foreclosure when a
foreclosure case is initiated for a residential property. 735 ILCS 5/15-1503(b). Banks are also
required to mail a copy of the confirmation-of-foreclosure-sale order to the City. 735 ILCS 5/15-
1508(b-10). The confirmation order includes the name, address, and telephone number of the
holder of the certificate of sale or deed issued pursuant to that certificate or, if no certificate or
deed was issued, the purchaser, whom the City may contact with concerns about the property.
735 ILCS 5/15-1508(b) The City is required to clearly publish on its website a single address to
which the notice and the copy of the confirmation order shall be sent.
Pursuant to the City’s authority to define, prevent and abate nuisances, the City may
adopt an ordinance declaring unregistered vacant properties to be a nuisance. The ordinance
may require the owner of a vacant building to register the building with the City within a certain
time period of becoming vacant. The ordinances generally require the personal contact
information of the owner or another responsible party who the City may contact regarding code
violations or other issues associated with the property, and that the registrant submit insurance
information to verify that the property is insured. The City may also require vacant property
owners to pay a registration fee as long as the amount of the fee is reasonably related to the cost
of the services that the City provides pursuant to the vacant property ordinance. Municipalities
commonly require registration fees between $50 and $100.
The City cannot require a bank that is in the midst of foreclosure proceedings to register a
vacant property with a vacant property registry and pay a registration fee because the bank does
not yet own the property. Because the bank does not own the property, it is not under a legal
obligation to maintain or otherwise be responsible for the property, and thus, even if the City
deems the vacant property to be a nuisance or determines that other code violations exist on the
property, the bank will not be the party responsible for abating said nuisance or any code
violations.
Generally, in an uncontested foreclosure proceeding it will take a bank fifteen months at
a minimum from the time a homeowner misses his or her first mortgage payment to be awarded
title to a property following a mortgage foreclosure sale. Once the bank acquires ownership of
the vacant property, the City may require the bank to register the property with the City’s vacant
property registry and pay the appropriate registration fee. Until the bank acquires title to the
property, the City may only require the mortgagor of the vacant property to register the property
and pay a registration fee.
If you have any questions or concerns about the foregoing, please do not hesitate to
contact our office.
Ordinance No. 2015-___
Page 1
Ordinance No. 2015-_____
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, ADDING LICENSING REQUIREMENTS AND REGULATION
OF VACANT BUILDINGS
WHEREAS, the United City of Yorkville (the “City”) is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City desires to establish a program for identification, registration and
regulation of buildings which are or become vacant and determine the responsibilities of owners
of those vacant buildings.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1: That Chapter 7 of Title 4 be and is hereby added to the Yorkville City Code to
read as follows:
“CHAPTER 7
VACANT BUILDINGS
4-7-1: DECLARATION OF POLICY:
The purpose of this chapter is to protect the public health, safety, and welfare by enactment of
this chapter which:
A. Establishes a program for identification, registration, and regulation of buildings which are or
become "vacant" as defined herein; and
B. Determines the responsibilities of owners of vacant buildings; and
C. Provides for administration, enforcement, abatement of public nuisances, and the imposition
of penalties.
This chapter shall be liberally construed to effect its purposes.
4-7-2: OTHER ORDINANCES:
This chapter shall not be construed to prevent the enforcement of other applicable ordinances,
codes, legislation, and regulations which prescribe standards other than are provided herein.
When a provision of this chapter conflicts with any other provision of the code regulating the
same subject matter, the more stringent or restrictive provision shall apply.
Ordinance No. 2015-___
Page 2
4-7-3: DEFINITIONS:
Unless otherwise expressly stated or clearly indicated by the context, the following terms shall,
for the purpose of this chapter, have the meanings indicated in this section:
BOARDED BUILDING: A building that has had, in a manner intended to be temporary or
permanent, any or all of its openings covered by some material for the purpose of securing or
preventing access or damage to the building or its components, whether such material is opaque,
solid or transparent, and whether such material is affixed to the interior or exterior of the
building. For the purpose of this definition, such openings shall include any doors, windows or
other openings that exist for the purpose of providing light, ventilation, ingress and egress to the
building or other access to a part or portion of the building.
BUILDING: Any residential structure, or portion thereof, containing one or more dwelling units
used or intended to be used for human habitation, or any business or commercial structure
occupied or intended for supporting any occupancy.
DANGEROUS BUILDING:
A. Any building that is dangerous to the public health because of its construction or condition, or
which may cause or aid in the spread of disease or cause injury to the health of its occupants or
to neighboring structures; or
B. Any building which, because of faulty construction, age, lack of proper repair or any other
cause, is especially liable to fire and constitutes or creates a fire hazard; or
C. Any building, which, by reason of faulty construction, age or lack of repair is likely to
collapse or fall.
DANGEROUS STRUCTURE: Any structure which is in a condition that is dangerous to the
public health in any way.
DIRECTOR: The community development director, or his or her designee. All references to the
director in this chapter shall be deemed to include the community development director or his or
her designee.
DWELLING: A structure, or portion thereof, used for human habitation
DWELLING UNIT: One or more rooms containing individualized cooking, sleeping and
sanitary facilities which is designated, occupied or intended for use by one household.
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
include, but are not limited to, the following:
A. Substantially all lawful residential or business activity has ceased.
B. The percentage of the overall square footage of occupied to unoccupied space or the overall
number of occupied and unoccupied units.
C. The building is substantially devoid of contents.
D. The condition and value of fixtures or personal property in the building.
Ordinance No. 2015-___
Page 3
E. Lack of utility services (water, sewer, electric or natural gas).
F. The building is the subject of a foreclosure action.
G. The presence or recurrence of uncorrected code violations.
H. Overgrown and/or dead vegetation.
I. Accumulation of newspapers, circulars, fliers and/or mail.
J. Abandonment by owner.
OWNER: Any person, agent, operator, firm, corporation, limited liability company, partnership,
joint venture, land trust, inter vivos trust, or other entity having a legal or equitable interest in a
property; or recorded in the official records of the state, county, or City as holding title to the
property; or otherwise having control of the property, including, but not limited to, the guardian
of the estate of any such person if ordered to take possession of real property by a court, the
executor or administrator of the estate of any such person if authorized by statute or ordered to
take possession of real property by a court, or any person maintaining, operating or collecting
rent with respect to a property.
PERSON: Includes a corporation, a partnership, a limited liability company, a joint venture, or
other entity as well as an individual.
PREMISES: A lot, plot or parcel of land including any structures thereon.
PUBLIC NUISANCE: Shall include the following:
A. Any physical condition or uses of any premises that is regarded as a public nuisance at
common law, under the Illinois Compiled Statutes, or under this code, as amended; or
B. Any physical condition, use or occupancy of any premises or its appurtenances considered an
attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements,
excavations, swimming pools and unsafe fences or structures; or
C. Any building that has unsanitary sewage or plumbing facilities; or
D. Any building designated by the director as unsafe for human habitation or use; or
E. Any building that constitutes a fire hazard, or is unsafe or unsecure to a degree that endangers
life, limb or property; or
F. Any premises that is unsanitary, or which is littered with rubbish or garbage, or which has an
uncontrolled growth of weeds; or
G. Any building that is: in a state of dilapidation, deterioration or decay; improperly constructed;
unsecured; vacant and boarded; damaged by fire to the extent that it no longer provides shelter;
in danger of collapse or structural failure; or dangerous to anyone on or near the premises; or
H. Any premises that contains evidence of unlawful activity to a degree that such activity may
endanger, threaten or otherwise negatively impact the users and value of adjacent premises; or
I. Any premises found by a court of competent jurisdiction to be a criminal public nuisance
under this code; or
J. Any building deemed to be a "dangerous building" or any structure deemed to be a "dangerous
structure" under this section.
UNOCCUPIED BUILDING: Any business, industrial, retail, or commercial building, or any
single-family or multi-family building, or portion thereof, which is vacant and lacks the habitual
Ordinance No. 2015-___
Page 4
presence of human beings who have a legal right to be on the premises, including buildings
ordered vacated by the director pursuant to authority granted to the director by this code.
In determining whether a building is "unoccupied", the director may consider these factors,
among others:
A. A building at which substantially all lawful residential or business activity has ceased.
B. The percentage of the overall square footage of occupied to unoccupied space or the overall
number of occupied and unoccupied units.
C. The building is substantially devoid of contents. The condition and value of fixtures or
personal property in the building are relevant to this determination.
D. The building lacks utility services, i.e., water, sewer, electric or natural gas.
E. The building is the subject of a foreclosure action.
F. The building is not actively for sale as part of a contractual agreement to sell the building, and
lacks "For Sale", "For Rent" or similar signage.
G. The presence or recurrence of uncorrected code violations.
VACANT BUILDING: A building or portion of a building which is:
A. Unoccupied and unsecured; or
B. Unoccupied and secured by boarding or other similar means for more than thirty (30) days; or
C. Unoccupied and a dangerous structure; or
D. Unoccupied as a result of having been declared unsafe for occupancy by the director pursuant
to applicable law; or
E. Unoccupied and having multiple violations of this code, as amended; or
F. Unoccupied and the building or its premises have been the site of unlawful activity within the
previous six (6) months; or
G. Condemned or declared unsafe for occupancy by the director and unlawfully occupied; or
H. Unoccupied for over forty (40) days and during which time the director has issued an order to
correct public nuisance conditions and the same have not been corrected in a code compliant
manner; or
I. Unoccupied and the subject of either pending mortgage foreclosure proceedings or mortgage
foreclosure proceedings that have been completed within the past two (2) years and the building
has not since been reoccupied; or
J. Unoccupied for over one year; or
K. Abandoned by persons who surrender their claim, right or interest in the property; or
L. Unoccupied residential property found by a court of competent jurisdiction to be "abandoned
residential property" as defined in sections 15-1200.5 and 15-1200.7 of the code of civil
procedure.
But not including an:
Unoccupied building: a) which is undergoing construction, renovation, or rehabilitation and
which is in compliance with all applicable ordinances, codes, legislation, and regulations, and for
which a building permit has issued, and for which construction, renovation or rehabilitation is
proceeding diligently to completion; or b) which is unoccupied as a result of the owner who is a
member of the military and is deployed for military service and is otherwise secure; or c) which
is secure but is the subject of a probate action, action to quiet title or other ownership dispute; or
d) which is occupied only on a seasonal basis and is otherwise secure and in substantial
compliance with all applicable codes, regulations and laws.
Ordinance No. 2015-___
Page 5
CITY: The United City of Yorkville, an Illinois municipal corporation of Kendall County,
Illinois.
4-7-4: VACANT BUILDING DETERMINATION:
A. The director may evaluate buildings in the City that he or she believes to be unoccupied by
means of any lawful inspection and based on evidence of vacancy factors and make a
determination as to whether the building is a "vacant building" within the meaning of section 4-
7-3 of this chapter. For the purposes of conducting this evaluation, the director is authorized to
enter upon any and all premises and within any and all unsecured structures. The director may
determine that a building which meets any of the criteria set forth in the definition of "vacant
building" in section 4-7-3 of this chapter is not to be regulated under this chapter for a stated
period, if upon consideration of reliable, substantiated and sufficient evidence, he or she
determines that the circumstances which give rise to the building being eligible for regulation
hereunder are clearly temporary in nature and are either in the process of being addressed or will
soon be addressed by the owner and that therefore regulation of the building under this chapter
would not serve the public health, welfare, and safety and makes written findings in support of
his or her decision. The determination shall be in writing and shall state the factual basis for the
determination. For buildings the director determines to be "vacant buildings", he or she shall,
within seven (7) days of making that determination, send notice of his/her written determination
with the factual findings to the name and address of the last taxpayer of record for such parcel
listed on the most recent Kendall County tax roll. Said notice of determination shall be sent by
certified mail, return receipt requested, and by regular first class United States mail, with proper
postage prepaid, or by personal substitute service and posted in a conspicuous location on the
building. Failure of delivery shall not excuse a person from complying with this chapter. The
director may 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. The
director shall maintain a record of such mailing for each notice of determination sent.
B. Unless waived by the director for good cause, the notice shall specify a date and time upon
which the owner shall allow for a code compliance inspection of the interior of all "vacant
buildings" to determine the extent of any compliance with City property maintenance, building,
zoning, health, fire, water and sewer codes, and/or to determine whether there is any unsecured
access to the building (doors, windows and other points of entry); whether flammable liquids or
other hazardous materials are stored on the premises or in the vacant building; whether the
utilities, including water, sanitary sewer, gas and/or electricity are running or have been shut off;
whether the sump pump is working; whether there is any standing water in the basement or crawl
space; whether the furnace and/or hot water heater are operable if the gas has not been turned off
to the vacant building; whether the roof or other exterior surface or enclosures are leaking or
have been water damaged, whether there are any visible signs of mold; whether there are
animals, rodents, vermin or insects present on the premises or in the building; and whether all
outdoor pools and/or hot tubs are securely covered and/or drained. Said inspection shall also
determine the existence of any unlawful improvements to the property and any portions of the
building, including attic and basement areas, that appear to have been unlawfully occupied.
Ordinance No. 2015-___
Page 6
C. If the director requests a code compliance inspection of the interior of the building at the time
he or she issues the notice of determination, the director shall set a tentative date and time for the
code compliance inspection of the interior of the vacant building. After receipt of the notice of
determination that includes a tentative walk-through inspection date, if the owner does not appeal
the determination, the owner shall either confirm the tentative date for the inspection or shall
schedule a new date and time for same. If the owner fails to confirm the tentative date and time
for the inspection or refuses to schedule or permit the inspection within a reasonable time, the
City may obtain an administrative search warrant to accomplish the inspection, and will not
conduct an interior inspection of the premises without obtaining such warrant, except when there
is evidence of vacancy and access to the building is unsecured or there is an actual emergency or
if the City administrator or the chief of police determines that there is an actual threat to health or
safety based on reliable, substantiated and sufficient evidence.
D. The City shall charge the owner a fee of fifty dollars ($50.00) to offset the cost to the City of
said inspection. The owner shall pay the inspection fee to the City within thirty (30) days of the
initial inspection.
E. The notice of determination shall contain a statement of the obligations of the owner of a
building determined to be a vacant building, a copy of the registration form the owner is required
to file pursuant to section 4-7-6 of this chapter, and a notice of the owner's right to appeal the
director's determination.
4-7-5: APPEAL OF VACANT BUILDING DETERMINATION:
A. An owner of a building determined by the director to be a vacant building as provided for in
this chapter may appeal that determination to the City Administrator. Such appeal shall be in
writing and shall be filed with the City Administrator within fifteen (15) days of the date of
mailing of the notice of determination. The filing of an appeal stays the owner's obligation to
register his or her building as required by section 4-7-6 of this chapter. The appeal shall contain a
complete statement of the reasons the owner disputes the director's determination, shall set forth
specific facts in support thereof, and shall include all evidence the owner relies upon to support
the appeal. The City Administrator or her designee shall decide the appeal on the basis of facts
presented by the owner in his or her written appeal and the director's written determination.
B. The burden is upon the owner to present sufficient evidence to persuade the City
Administrator that it is more likely than not that the subject building is not a "vacant building"
within the meaning of this chapter.
C. The City Administrator, or her designee, shall send a written decision to the owner within ten
(10) days of her receipt of the appeal. The City Administrator may, but is not required to, seek
additional information from the owner. The City Administrator, or her designee, may, upon
written notice thereof to the owner, take ten (10) additional days, to decide the appeal if she
determines that such additional time is required for consideration of the appeal.
D. An owner who wishes to challenge applicability of this chapter to his/her building prior to the
director's determination having been made shall set forth specific facts to support inapplicability
Ordinance No. 2015-___
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in writing to the director. In the event the director determines that the subject building is a
"vacant building", the owner shall have the right to appeal the director's determination to the City
Administrator as provided for herein.
E. If the City Administrator, or her designee, fails to grant or deny an appeal within the time
periods set forth in this section, the appeal shall be deemed denied.
F. All references to the City Administrator in this chapter shall be deemed to include the City
administrator or his or her designee.
4-7-6: OBLIGATION TO REGISTER VACANT BUILDINGS AND FORECLOSED
UNOCCUPIED BUILDINGS:
Owners of "vacant buildings" and mortgage lenders who acquire title to unoccupied buildings
shall be required to register the same with the director as prescribed below:
A. Owner's Obligation To Register Vacant Buildings: The owner of a building that the director
has determined to be a "vacant building", or the owner of a building whose appeal from the
director's determination has been denied by the City Administrator, or the owner of a building
who knows, or from all the facts and circumstances should know, that his or her building is or
has become a "vacant building" within the meaning of this chapter, shall take the actions
provided for in this section within fifteen (15) days after either the date of director's notice of
determination, the denial of the owner's appeal, or the occurrence of facts that would cause a
reasonable person to believe that the building was a "vacant building".
1. Registration of Building: The owner of a "vacant building" shall be required to register the
building with the director on a form provided by the director and pay a two hundred dollar
($200.00) annual nonprorated vacant building registration fee. This annual registration fee shall
be in addition to the fifty dollar ($50.00) inspection fee set forth in subsection 4-7-4D of this
chapter.
a. The form shall include, as a minimum, the name, street address, and telephone number
of the owner; the case name and number of any litigation pending concerning or affecting
the building, including bankruptcy cases; and the name, street address, and telephone
number of all persons with any legal, equitable or beneficial interest in the building or the
premises. The form shall require the owner to identify and authorize a natural person
twenty one (21) years of age or older who maintains a permanent address in Kendall
County to accept service on behalf of the owner with respect to any notices the director
sends pursuant to this chapter or service of process in any proceeding commenced to
enforce any provision of this chapter, and file with the director on the registration form,
the name, address, telephone number, of said person. A street address is required; a post
office box is not an acceptable address.
b. The form shall require the owner to:
(1) Indicate his or her "acceptance of notice by posting" consenting to service of
notices sent or required to be sent, pursuant to this chapter, by posting on the
building if the owner fails to renew the registration if required, or maintain as
current with the director the information required regarding the person designated
and authorized to accept notice and service of process;
Ordinance No. 2015-___
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(2) Renew the vacant building registration each year on the anniversary date of
the first filing for the time the building remains vacant and pay the required two
hundred dollar ($200.00) annual fee; and
(3) File an amended registration within fifteen (15) days of any change in the
information contained in the annual registration. A new registration is required for
any change in ownership whatsoever.
d. Registration does not exonerate the owner from compliance with all applicable codes
and ordinances, including this chapter, nor does it preclude any of the actions that the
City is authorized to take pursuant to this chapter or elsewhere in this code.
2. Inspection Conducted: The City shall send the inspection report to the owner within thirty (30)
days. The owner shall allow for a code compliance inspection of the interior of the vacant
building and pay the fifty dollar ($50.00) fee to defray the cost of said inspection. The inspection
report shall include a reasonable date by which code compliance shall be required, and periodic
reinspections shall take place, as necessary, until code compliance is achieved.
3. Insurance Required: The owner shall obtain liability insurance and maintain such insurance for
as long as the building is vacant, and file evidence of such insurance with the director, as
follows: five hundred thousand dollars ($500,000.00) for a vacant residential building of one to
three (3) units; seven hundred fifty thousand dollars ($750,000.00) for a vacant residential
building of four (4) to eleven (11) units; one million dollars ($1,000,000.00) for a vacant
residential building of twelve (12) to forty eight (48) units; two million dollars ($2,000,000.00)
for a vacant residential building of more than forty eight (48) units; and two million dollars
($2,000,000.00) for a vacant manufacturing, industrial, storage, or nonresidential commercial
building.
4. Vacant Building Plan: Unless waived in writing by the director at the time of his or her
determination that the building is a "vacant building", the owner shall submit a vacant building
plan at the time a building is registered as required herein. The director may prescribe a form for
the plan. If the owner fails to submit the plan if so requested and as provided for by this chapter,
the director may determine the plan, which he may allow to be modified after conducting a code
compliance inspection and follow up inspections for code compliance. The plan shall contain the
following as a minimum:
a. A plan of action to repair any doors, windows, or other openings which are boarded up
or otherwise secured or covered by any means other than conventional methods used in
the design of the building or permitted for new construction or similar type. The proposed
repair shall result in openings being secured by conventional methods used in the design
of the building or by methods permitted for new construction of similar type with board
removed. Boarding shall be accomplished with materials and methods described by the
director and available from the director. The owner shall maintain the building in an
enclosed and secure state until the building is reoccupied or made available for
immediate occupancy. If the owner demonstrates that securing of the building will
provide adequate protection to the public, the director may waive the requirement of an
enclosure.
b. For buildings and/or premises which are determined by the director as being or
containing public nuisances, as defined in section 4-7-3 of this chapter, then the vacant
building/premises plan shall contain a plan of action to remedy such public nuisance(s).
c. A time schedule identifying a date of commencement of repair and date of completion
of repair for each improperly secured opening and nuisance identified by the director.
Ordinance No. 2015-___
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d. When the owner proposes to demolish the vacant building, then the owner shall submit
a plan and time schedule for such demolition. The owner shall ensure all necessary
permits and approvals are obtained prior to commencing demolition.
e. A plan of action to maintain the building and/or premises thereof in conformance with
this chapter.
f. A plan of action, with a time schedule, identifying the date the building will be
habitable and occupied or offered for occupancy or sale. The time schedule shall include
date(s) by which all necessary permits shall be procured, date(s) of commencement and
completion of all actions required to achieve habitability. No plan which fails to provide
for compliance with this chapter or, which will not, as determined by the director,
achieve such compliance, within thirty (30) days, in the case of a vacant boarded
building, and within one year, in the case of a vacant, unboarded, and code compliant
building will be approved, except that the director may approve an extension of the time
during which the building will be unoccupied beyond one year to a date certain but then
only based upon clear and documented evidence of good cause shown by the owner as
determined by the director.
g. All premises upon which unoccupied or vacant buildings are located shall at all times
be maintained in compliance with this code, as amended, including, but not limited to, the
following:
(1) Interior: All interior structures shall be maintained in a clean, safe, secure and
sanitary condition. Special attention shall be made to utilities and, if applicable,
sump pumps and other related devices shall be kept operational. Winterization of
structures shall be completed as necessary.
(2) Exterior: All exterior structures and property shall be maintained and kept free
of items that give the appearance that the property is abandoned, including, but
not limited to, overgrown and/or dead vegetation, accumulation of newspapers,
circulars, fliers and/or mail, past due utility notices and/or disconnected utilities,
or the accumulation of junk or debris.
h. For vacant commercial property exterior lighting shall be maintained according to
standards established by the director and available from the director.
i. For vacant commercial property, all ground floor windows facing street frontage,
including, but not limited to, all display windows in unoccupied or vacant commercial
buildings shall be kept in a well maintained and clean condition and shall be covered on
the interior side in a professionally finished manner with an opaque window covering
material manufactured for that purpose and approved by the director, or in the case of
display windows, such windows shall be kept in a well maintained and clean condition
and the display area shall be enclosed with a professionally finished backdrop, floor, side
walls and ceiling all of which shall be kept in a well maintained and clean condition and
shall be well lighted from ten o'clock (10:00) A.M. to ten o'clock (10:00) P.M. each day
unless waived by the director in the event electricity has been shut off to the commercial
building. Photographs, paintings and other works of art or other tasteful forms of
decoration may be professionally displayed in these properly enclosed clear glass display
windows. If opaque window covering material is used, a one foot by one foot (1' x 1')
clear glass opening through which the interior space is clearly visible shall be maintained
at standing eye level along one edge of one such window.
Ordinance No. 2015-___
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5. Security Guard Service: In the event the director makes a written determination that the vacant
commercial or industrial building constitutes a fire hazard, is otherwise dangerous to human life
or the public welfare, involves illegal or improper use, occupancy, or maintenance, under such
conditions that securing the building is insufficient to prevent the actual or threatened harm, the
director shall provide notice thereof to the owner and may require the owner to provide bonded,
licensed and insured security guard service at the building between the hours of four o'clock
(4:00) P.M. and eight o'clock (8:00) A.M. as part of its vacant building plan.
6. Additional Information Posted: Affix to any building which is boarded, a weatherproof eight
and one-half inch by eleven inch (8.5" x 11") sign which provides the following information: the
name, address, and telephone number of the owner, the name, address and telephone number of
the person authorized to accept notice and service of process and in addition, for buildings which
are the subject of a foreclosure action, the name, address, and telephone number of the plaintiff
and the plaintiff's attorney, if any, in the foreclosure action. The sign must be placed so that its
message is legible from the public way.
B. Mortgage Lender's Obligation to Register Unoccupied Buildings Acquired through Mortgage
Foreclosure: The obligation to register buildings shall extend to mortgage lenders that have
obtained title to unoccupied buildings through a mortgage foreclosure action.
1. Mortgage lenders shall register unoccupied buildings with the director within fifteen (15) days
of the date it knew or should have known that the building was unoccupied after the initiation of
mortgage foreclosure proceedings, or within fifteen (15) days of obtaining title to same.
2. Mortgage lenders obtaining title to properties containing an unoccupied building shall comply
with all of the requirements of this chapter with respect to ownership of vacant buildings.
3. An amended registration form shall be filed in accordance with subsection A of this section,
within fifteen (15) days of any change in the information provided in any registration form
provided hereunder, and a vacant building plan shall be filed in accordance with subsection A4
of this section within thirty (30) days of obtaining title to an unoccupied building, unless said
requirement has been waived or extended in writing by the director prior to the expiration for
said thirty (30) days.
4-7-7: APPROVAL OF PLAN:
A. Review of Vacant Building Plan: If required by this chapter, the director shall review the
proposed vacant building plan in accordance with the standards below. The director shall send
notice to the owner of the vacant building of his or her determination.
B. Standards for Vacant Building Plan Approval: In considering the appropriateness of a vacant
building plan, the director shall include the following in his or her consideration and shall make
written findings as to each:
1. The purposes of this chapter and intent of the City board to minimize the time a building is
boarded or otherwise vacant.
2. The effect of the building and the proposed plan on adjoining property.
3. The length of time the building has been vacant.
4. The presence of any public nuisances on the property.
5. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the condition it is
designed to address.
Ordinance No. 2015-___
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4-7-8: AUTHORITY TO MODIFY PLAN; RIGHT TO APPEAL:
The director shall, upon notice to the vacant building owner, have the right to request an interior
inspection and/or to request a vacant building plan at any time after making his or her initial
written determination of a vacant building and to require the owner to modify the vacant building
plan by modifying the dates of performance, the proposed methods of action, or by imposing
additional requirements consistent with this chapter he or she deems necessary to protect the
public health, safety, or welfare. The owner may appeal the director's determination under this
section by filing an appeal in writing with the City Administrator within fifteen (15) days from
the date of mailing such a determination. Appeals under this section shall be reviewed in
accordance with the procedures set forth in section 4-7-5 of this chapter.
4-7-9: FAILURE TO COMPLY WITH PLAN:
Failure to have an approved vacant building plan within thirty (30) days of filing the registration
form or failure to comply with the approved plan shall constitute a violation of this chapter
subjecting the owner of the building to penalties as provided in this chapter and to any remedies
the City may avail itself of as provided for herein and elsewhere in this code, as amended,
including, but not limited to, an action to compel correction of property maintenance violations.
4-7-10: OTHER ENFORCEMENT:
The registration of a vacant building shall not preclude action by the City to demolish or to take
other action against the building pursuant to other provisions of this chapter, this code, or other
applicable legislation.
4-7-11: OCCUPANCY PERMIT:
An occupancy permit for vacant buildings issued by the building department and payment in full
of all fees imposed pursuant to this chapter shall be required prior to any occupancy of a vacant
building. Nothing contained in this chapter shall be construed to waive or modify the
requirements to procure a building permit for any work or improvements to any vacant building
or structure as provided in this code.
4-7-12: TIME RESTRICTIONS FOR BOARDED BUILDINGS:
Boarded buildings are declared to be a public nuisance. Boarding is only a temporary solution to
prevent unauthorized entry into a vacant building. A vacant building may not remain boarded
longer than sixty (60) days unless an extension of that time is part of a vacant building plan
approved by the director.
4-7-13: ENFORCEMENT AND PENALTIES:
A. Any person found to have violated any provision of this chapter shall be subject to a
minimum fine of one hundred dollars ($100.00) per day per violation to a maximum of seven
Ordinance No. 2015-___
Page 12
hundred fifty dollars ($750.00) per day per violation, in addition to any other legal or equitable
remedies available to the City. Such other remedies include, but are not limited to, injunctive
relief, application to a court of competent jurisdiction for a receiver, demolition, or
condemnation, contracting for the repair or purchase of the premises, or foreclosure of any lien
the City may have thereon.
B. A separate and distinct offense shall be committed each day on which such person or persons
shall violate the provisions of this chapter.
C. The City may enforce this chapter through filing a notice of violation in its administrative
adjudication hearing process pursuant to Chapter 14 of Title 1 of this Code or an action in the
circuit court of Kendall County, Illinois.
D. Nothing herein contained shall prohibit the City from immediately condemning as provided in
this code, a building or taking other immediate action upon a determination that the building is a
public nuisance or poses an imminent danger to the occupants of the building, or the public
health, safety and welfare.”
Section 2: This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
________ day of ____________________, 2015.
______________________________
CITY CLERK
CARLO COLOSIMO ________ KEN KOCH ________
JACKIE MILSCHEWSKI ________ LARRY KOT ________
CHRIS FUNKHOUSER ________ JOEL FRIEDERS ________
DIANE TEELING ________ SEAVER TARULIS ________
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
________ day of ____________________, 2015.
______________________________
MAYOR