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Economic Development Packet 2015 07-07-15 AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Tuesday, July 7, 2015 6:00 p.m. City Hall Conference Room Citizen Comments: Minutes for Correction/Approval: June 1, 2015 New Business: 1. EDC 2015-24 Building Permit Report for May 2015 2. EDC 2015-25 Building Inspection Report for May 2015 3. EDC 2015-26 Property Maintenance Report for May 2015 4. EDC 2015-27 Foreclosure Bi-Annual Report 5. PC 2015-09 and PC 2015-10 Lot 19 Commercial Drive – Rezoning and Special Use 6. EDC 2015-28 Hoover Entrance Old Business: 1. EDC 2015-21 Vacant Building Registration Program Additional Business: 2015/2016 City Council Goals – Economic Development Committee Goal Priority Staff “South Side Economic Development” 1 Bart Olson & Krysti Barksdale-Noble “Revenue Growth (Industrial/Commercial Incentives)” 2 Bart Olson & Krysti Barksdale-Noble “Downtown Planning and Development” 3 Krysti Barksdale-Noble “Comprehensive Plan Update” 15 Krysti Barksdale-Noble United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 Telephone: 630-553-4350 www.yorkville.il.us UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Tuesday, July 7, 2015 6:00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- CITIZEN COMMENTS: --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- MINUTES FOR CORRECTION/APPROVAL: --------------------------------------------------------------------------------------------------------------------------------------- 1. June 1, 2015 □ Approved ________ □ As presented □ With corrections --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2015-24 Building Permit Report for May 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2015-25 Building Inspection Report for May 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 3. EDC 2015-26 Property Maintenance Report for May 2015 □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 4. EDC 2015-27 Foreclosure Bi-Annual Report □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 5. PC 2015-09 and PC 2015-10 Lot 19 Commercial Drive – Rezoning and Special Use □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- 6. EDC 2015-28 Hoover Entrance □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1. EDC 2015-21 Vacant Building Registration Program □ Moved forward to CC __________ consent agenda? Y N □ Approved by Committee __________ □ Bring back to Committee __________ □ Informational Item □ Notes ___________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________ --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 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 Minutes Tracking Number Minutes of the Economic Development Committee – June 1, 2015 EDC – July 7, 2015 Majority Committee Approval Minute Taker Name Department Page 1 of 3 DRAFT UNITED CITY OF YORKVILLE SPECIAL ECONOMIC DEVELOPMENT COMMITTEE Monday, June 1, 2015, 6:00pm Yorkville City Hall, Conference Room 800 Game Farm Road In Attendance: Committee Members Chairman Ken Koch Alderman Carlo Colosimo Alderman Diane Teeling Alderman Chris Funkhouser Other City Officials City Administrator Bart Olson Community Development Director Krysti Barksdale-Noble City Planner Chris Heinen Code Official Pete Ratos Other Guests: Tony Scott, Kendall County Record Lynn Dubajic, YEDC The meeting was called to order by Chairman Ken Koch at 6:00pm. Citizen Comments None Previous Meeting Minutes May 5, 2015 The minutes were approved as read on a voice vote. New Business 1. EDC 2015-18 Building Permit Report for April 2015 There were 7 B.U.I.L.D. and one single family permit for April, along with 15 commercial and miscellaneous projects. No further action. 2. EDC 2015-19 Building Inspection Report for April 2015 Mr. Ratos reported 127 inspections for the B.U.I.L.D. incentive program, 10 for commercial buildings and in general, he said there are many new construction inspections. His department also does inspections for private and public sidewalks. Page 2 of 3 3. EDC 2015-20 Property Maintenance Report for April 2015 Five violation notices were issued and there were seven complaints. No further action. 4. PC 2015-08 Fitness Clubs – Text Amendment Mr. Heinen reported that there is no category for fitness clubs in the zoning ordinance. It was found that crossfits are in violation of the ordinance and it was determined they would be best suited for the M-1 zoning districts. The crossfits are workout facilities and do not have weight machines, ellipticals, treadmills, etc. Staff recommends moving forward with the text amendment allowing for a permitted special use in the M-1 district. Alderman Funkhouser said he preferred to not have more than one fitness club in an M-1 area since Yorkville has a limited amount of M-1 space. Ms. Noble said these types of business are generally transient. Alderman Koch asked if these facilities have AED's in place. They are not required and could be used improperly. This item moves forward to the Plan Commission on June 2 and then to City Council consent agenda. 5. EDC 2015-21 Vacant Building Registration Program Ms. Barksdale-Noble spoke with the City Attorney about ways to raise revenue in conjunction with the $70,000 gap due to the B.U.I.L.D. program. As a non-home rule community, the City can enact a “vacant property registration program”. If a building is unoccupied, the owner can be required to register the property, provide a contact name and pay an annual registration fee of $250. Banks would also be required to notify the City when they take possession of vacant properties. The owner can then enter a 'vacant property plan' proving insurance for the property and a plan for the property/building. This information also provides a database for the City. Staff is proposing to enact this program and it is known that the City has about 200 vacant properties. This program would include residential, commercial and industrial buildings. The penalty for not providing this information is $100 per day up to $750 per day and would be handled through the adjudication process. Mr. Ratos added that the City now has no authority to go into what it deems an unsafe building. Alderman Funkhouser also noted the 10 standards for evidence. The committee briefly discussed a couple of the standards and also some of the situations Mr. Ratos has encountered and his rights when doing inspections. Ms. Barksdale-Noble also said the registration program would hold a bank-owned property accountable to fix things before selling the property. Alderman Teeling commented that the program will be a service to residents as well and will bring in money that will go into the General Fund. Alderman Colosimo said he feels the function of this program is for revenue rather than safety and he is not in favor of the program. He said he has issues with the way it is written and the authority it gives to the City. He said prospective buyers can hire an inspector before purchase and it is not the City's responsibility. Alderman Funkhouser also agreed about the revenue. He said he has issues with the word 'authority' and the lack of definition and it should be tightened. Alderman Colosimo asked if surrounding communities use this program, however, none of them do. Mr. Olson suggested surrounding towns and beyond should be surveyed about this program. This information was requested for next month's meeting. He said cities were granted the authority to implement this program in 2010. Ms. Noble said there was no mechanism to determine the owners at that time. In 2013, banks were required to notify cities of ownership. Page 3 of 3 Alderman Teeling noted a situation where water was coming into a townhome from another townhome that had been foreclosed. In this situation, she said the program would be helpful and staff could enter an unlocked door. Life safety issues would be considered as well, said Mr. Ratos. Alderman Koch suggested that the program might be overwhelming for the staff and tracking down out of state banks could cause difficulty. He also asked if the Hearing Officer might be overwhelmed. Ms. Noble said banks expect to have to register as it is nationwide. Overall, the committee also asked for tightening of the program language and it will be brought back next month. 6. EDC 2015-22 Selection of Vice-Chairman Alderman Colosimo nominated and Alderman Koch seconded that nomination for Diane Teeling as Vice-Chairman. 7. EDC 2015-23 Selection of Committee Liaisons The following liaison nominations were made: Ms. Teeling for the Kendall County Plan Commission and Alderman Colosimo for the City Plan Commission. Old Business: 1. EDC 2015-14 B.U.I.L.D. Program Ms. Noble said this program is set to expire on June 30th and staff is requesting an extension to December 31. Ms. Teeling asked if a study had ever been done to determine how much revenue is generated from new home construction. Mr. Olson pointed out that the services the homes require is always more than taxes generated by the resident. Ms. Dubajic said the building process also creates jobs and the retailers look at the construction numbers for the goods that will be purchased for the home. Alderman Funkhouser said Yorkville pulls builders from other communities and Ms. Dubajic said a community must have “something”. Mr. Koch said he would like the water rates omitted and find the revenue somewhere else, but the bond rating is hurt incrementally when the general fund is decreased, said Mr. Olson. It was noted the B.U.I.L.D. Program is only for new construction, except townhomes or spec homes. Mr. Funkhouser said he is in favor of the program if it's sustainable and beneficial with continued discussion. A facelift is needed for the new year according to Ms. Dubajic, especially since other communites have modeled programs after Yorkville. Mr. Funkhouser posed the question of what would happen if fees were eliminated and buyers/builders pay for what they use. It was thought it might not be an adequate incentive. The committee was in favor of extending the program with some tweaking. It will be discussed further in regards to the budget effect. It moves to the next Council consent agenda for a vote on June 9th. Additional Business: The property at the SW corner of Van Emmon and Rt. 47 was discussed and it is for sale. Part of the hill is privately owned and mowing there was discussed. Alderman Teeling questioned the tent at Rt. 47 and Van Emmon. It is for the media and it was noted a media truck will be present in the city hall parking lot for a few days. There was no further business and the meeting was adjourned at 7:22pm. Minutes respectfully submitted by Marlys Young 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 NB #1 Tracking Number EDC 2015-24 Building Permit Report for May 2015 EDC – July 7, 2015 N/A N/A N/A Informational None All permits issued in May 2015 D. Weinert Community Development Name Department Pr e p a r e d b y D . W e i n e r t UN I T E D C I T Y O F Y O R K V I L L E BU I L D I N G P E R M I T R E P O R T Ma y 2 0 1 5 TY P E S O F P E R M I T S Nu m b e r of Pe r m i t s I s s u e d SF D Si n g l e F a m i l y De t a c h e d B. U . I . L . D . Si n g l e F a m i l y De t a c h e d Pr o g r a m b e g i n s 1/ 1 / 2 0 1 2 SF A Si n g l e F a m i l y At t a c h e d Mu l t i - Fa m i l y Ap a r t m e n t s Co n d o m i n i u m s Co m m e r c i a l In c l u d e s a l l P e r m i t s Is s u e d f o r C o m m e r c i a l Us e In d u s t r i a l Mi s c . Construction Cost Permit Fees Ma y 2 0 1 5 77 3 9 0 0 8 0 5 7 2,426,923.00 113,863.38 Ca l e n d a r Y e a r 20 1 5 22 2 4 3 1 0 0 4 5 0 1 4 2 37,932,933.00 527,384.34 Fi s c a l P e r i o d 20 1 5 77 3 9 0 0 8 0 5 7 2,426,923.00 113,863.38 Ma y 2 0 1 4 10 3 0 5 0 0 1 0 0 8 8 3,431,607.00 86,715.36 Ca l e n d a r Y e a r 20 1 4 24 3 5 2 3 0 0 4 3 0 1 7 2 8,301,452.00 408.682.39 Fi s c a l P e r i o d 20 1 4 10 3 0 5 0 0 1 0 0 8 8 3,431,607.00 86,715.36 Ma y 2 0 1 3 75 4 5 0 0 1 1 0 5 5 1,814,100.00 115,271.91 Ca l e n d a r Y e a r 20 1 3 23 9 1 7 2 4 0 0 5 5 0 1 4 3 8,153,146.00 560,817.29 Fi s c a l P e r i o d 20 1 3 75 4 5 0 0 1 1 0 5 5 1,814,100.00 115,271.91 Ma y 2 0 1 2 68 5 4 0 0 1 0 0 4 9 2,224,394.00 100,984.03 Ca l e n d a r Y e a r 20 1 2 20 2 1 6 15 0 0 3 5 0 1 3 6 7,477,066.00 372,768.16 Fi s c a l P e r i o d 20 1 2 68 5 4 0 0 1 0 0 4 9 2,224,394.00 100,984.03 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 NB #2 Tracking Number EDC 2015-25 Building Inspection Report for May 2015 EDC – July 7, 2015 N/A N/A N/A Informational None All inspections scheduled in May 2015 D. Weinert Community Development Name Department DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 1 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- BC 1 5 : 0 0 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 2 2 8 5 1 2 K E L L Y A V E 1 5 7 0 5 / 0 7 / 2 015 C o m m e n t s 1 : S H E D BC _ _ _ _ _ A M 0 1 1 - G A R G A R A G E F L O O R 2 0 1 4 0 2 6 7 7 6 7 F I R C T 9 4 0 5 / 0 6 / 2 015 BC _ _ _ _ _ 0 1 2 - S T P S T O O P 0 5 / 0 6 / 2 015 BC _ _ _ _ _ 0 1 3 - P P S P R E - P O U R , S L A B O N G R A D E 0 5 / 0 6 / 2 015 C o m m e n t s 1 : P A T I O & G E N E R A T O R P A D PR _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 2 0 1 4 0 3 4 5 1 2 0 1 N B R I D G E S T U N I T B 2 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 3 - R E L R O U G H E L E C T R I C A L 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 2 - P L F P L U M B I N G - F I N A L O S R R E A D 2 0 1 4 0 4 0 6 1 2 1 1 N B R I D G E S T 0 5 / 0 6 / 2 015 PR _ _ _ _ _ 0 0 3 - F I N F I N A L I N S P E C T I O N 0 5 / 1 2 / 2 015 PR _ _ _ _ _ 0 1 5 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 4 6 7 7 9 4 H A Y D E N D R 6 2 0 5 / 2 0 / 2 015 PR _ _ _ _ _ 0 1 6 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 2 0 / 2 015 BC _ _ _ _ _ 0 0 2 - R F R R O U G H F R A M I N G 2 0 1 4 0 5 0 1 1 7 2 5 C O L U M B I N E C T 1 3 0 5 / 0 7 / 2 015 C o m m e n t s 1 : J O I S T S B E A R I N G L E S S T H A N 1 . 5 I N C H E S O N M C o m m e n t s 2 : E T A L J O I S T H A N G E R S . R . 5 0 2 . 6 BC _ _ _ _ _ 0 0 3 - R E I R E I N S P E C T I O N 0 5 / 0 8 / 2 015 C o m m e n t s 1 : R O U G H F R A M I N G PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 1 4 1 1 3 1 M I D N I G H T P L 2 7 5 0 5 / 1 4 / 2 0 1 5 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 1 4 / 2 0 1 5 TK _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 5 / 1 4 / 2 0 1 5 PR _ _ _ _ _ 0 0 7 - R F R R O U G H F R A M I N G 2 0 1 4 0 5 2 1 6 8 1 W I N D E T T R I D G E R D 8 2 0 5 / 2 2 / 2 015 C o m m e n t s 1 : N U T S & W A S H E R S O N A N C H O R B O L T S I N G A R A G C o m m e n t s 2 : E N E E D E D PR _ _ _ _ _ 0 0 8 - R E L R O U G H E L E C T R I C A L 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 1 0 - P L R P L U M B I N G - R O U G H 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 1 1 - I N S I N S U L A T I O N 0 5 / 2 6 / 2 015 PR _ _ _ _ _ 0 1 4 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 6 2 1 5 3 1 C O R N E R S T O N E D R 4 0 0 5 / 1 8 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 2 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 1 5 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 1 8 / 2 015 PW K _ _ _ _ _ 0 1 6 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 5 / 1 8 / 2 015 C o m m e n t s 1 : P A R K W A Y T R E E , F I N A L G R A D E PW K _ _ _ _ _ 0 1 7 - R E I R E I N S P E C T I O N 0 5 / 2 2 / 2 015 C o m m e n t s 1 : E N G I N E E R I N G S I T E F I N A L BC _ _ _ _ _ A M 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 6 5 2 9 1 W I N D H A M C I R 3 7 0 5 / 1 8 / 2 015 C o m m e n t s 1 : C A S E M E N T W I N D O W A T P A T I O I S N O T C A U L K E D C o m m e n t s 2 : C O M P L E T E L Y A T S I D I N G O N R I G H T S I D E O F W C o m m e n t s 3 : I N D O W . 5 X 2 0 W I N D O W T O L E F T O F P A T I O D O C o m m e n t s 4 : O R I S N O T C A U L K E D O N L E F T S I D E A T S I D I N G DB _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 2 0 1 4 0 5 7 8 1 3 1 3 S P R I N G S T 1 6 5 0 5 / 0 4 / 2 015 PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 8 3 1 4 5 5 V I O L E T C T 3 6 5 0 5 / 1 1 / 2 015 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 1 1 / 2 015 TK _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 5 / 1 1 / 2 015 C o m m e n t s 1 : B B O X K E Y A B L E , O S R I N S T A L L E D O K T O T E M P PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 8 6 4 0 0 0 N B R I D G E S T 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 5 8 9 3 2 3 S U T T O N S T 1 9 6 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 4 0 5 9 0 3 4 7 S U T T O N S T 1 9 8 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 1 3 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 9 1 1 4 2 5 V I O L E T C T 3 6 2 0 5 / 2 6 / 2 015 PR _ _ _ _ _ 0 1 4 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 2 6 / 2 015 TK _ _ _ _ _ 0 1 5 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 5 / 2 6 / 2 0 1 5 PR _ _ _ _ _ 0 1 6 - R E I R E I N S P E C T I O N 0 5 / 2 9 / 2 015 C o m m e n t s 1 : P L U M B I N G PR _ _ _ _ _ 0 0 7 - R F R R O U G H F R A M I N G 2 0 1 4 0 5 9 3 1 4 4 5 V I O L E T C T 3 6 4 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 8 - R E L R O U G H E L E C T R I C A L 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 9 - R M C R O U G H M E C H A N I C A L 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 1 0 - P L R P L U M B I N G - R O U G H 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 4 0 5 9 6 2 1 4 6 N O R T H L A N D L N 8 1 0 5 / 1 2 / 2 015 C o m m e n t s 1 : W I N D O W S DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 3 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- BC _ _ _ _ _ P M 0 1 1 - I N S I N S U L A T I O N 2 0 1 5 0 0 0 2 6 4 2 O M A H A D R 5 5 0 5 / 0 6 / 2 015 C o m m e n t s 1 : B A S E M E N T A N D C E I L I N G I N S U L A T I O N T O B E C O C o m m e n t s 2 : M P L E T E D F O R F I N A L I N S P E C T I O N . BC _ _ _ _ _ 0 1 2 - G A R G A R A G E F L O O R 0 5 / 2 8 / 2 015 BC _ _ _ _ _ 0 1 3 - S T P S T O O P 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 3 - R F R R O U G H F R A M I N G 2 0 1 5 0 0 0 4 2 0 2 E W O L F S T 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 4 - R E L R O U G H E L E C T R I C A L 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 5 - P L R P L U M B I N G - R O U G H 0 5 / 2 2 / 2 015 PR _ _ _ _ _ A M 0 0 6 - I N S I N S U L A T I O N 0 4 / 2 6 / 2 015 PR _ _ _ _ _ P M 0 1 4 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 0 0 5 6 5 1 W I N D E T T R I D G E R D 7 9 0 5 / 2 2 / 2 015 PR _ _ _ _ _ P M 0 1 5 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 2 2 / 2 015 PW K _ _ _ _ _ 0 1 6 - E F L E N G I N E E R I N G - F I N A L I N S P E 0 5 / 2 6 / 2 015 C o m m e n t s 1 : B B O X N E E D T O B E R A I S E D T O G R A D E . PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 5 0 0 2 2 7 1 2 G R E E N F I E L D T U R N 1 0 0 0 5 / 0 4 / 2 015 BC _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 5 / 0 7 / 2 0 1 5 C o m m e n t s 1 : C A N C E L L E D BC _ _ _ _ _ 0 0 6 - G A R G A R A G E F L O O R 0 5 / 0 7 / 2 0 1 5 C o m m e n t s 1 : C A N C E L L E D BC _ _ _ _ _ 0 0 7 - B S M B A S E M E N T F L O O R 0 5 / 0 8 / 2 015 BC _ _ _ _ _ 0 0 8 - G A R G A R A G E F L O O R 0 5 / 0 8 / 2 015 BC _ _ _ _ _ A M 0 0 9 - P P W P R E - P O U R , W A L L S T E E L 0 5 / 1 4 / 2 015 PR _ _ _ _ _ 0 0 4 - P L U P L U M B I N G - U N D E R S L A B 2 0 1 5 0 0 3 0 1 4 4 4 V I O L E T C T 3 6 9 0 5 / 0 1 / 2 015 PR _ _ _ _ _ P M 0 0 5 - B S M B A S E M E N T F L O O R 2 0 1 5 0 0 3 3 1 1 5 3 T A U S C I R 1 1 0 0 5 / 0 4 / 2 015 PR _ _ _ _ _ A M 0 0 6 - R F R R O U G H F R A M I N G 0 5 / 2 6 / 2 015 C o m m e n t s 1 : M I S S I N G A N C H O R B O L T G A R A G E L E F T S I D E PR _ _ _ _ _ A M 0 0 7 - R E L R O U G H E L E C T R I C A L 0 5 / 2 6 / 2 015 PR _ _ _ _ _ A M 0 0 8 - R M C R O U G H M E C H A N I C A L 0 5 / 2 6 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 4 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ A M 0 0 9 - P L R P L U M B I N G - R O U G H 0 5 / 2 6 / 2 015 C o m m e n t s 1 : N O W A T E R T O W C I N M A S T E R BC _ _ _ _ _ P M 0 1 0 - I N S I N S U L A T I O N 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 4 - I N S I N S U L A T I O N 2 0 1 5 0 0 3 9 8 7 1 G R E E N F I E L D T U R N 4 2 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 5 - R F R R O U G H F R A M I N G 0 5 / 1 4 / 2 015 PR _ _ _ _ _ 0 0 6 - R E L R O U G H E L E C T R I C A L 0 5 / 1 4 / 2 015 PR _ _ _ _ _ 0 0 7 - R M C R O U G H M E C H A N I C A L 0 5 / 1 4 / 2 015 PR _ _ _ _ _ 0 0 8 - P L R P L U M B I N G - R O U G H 0 5 / 1 4 / 2 015 PR _ _ _ _ _ 0 0 9 - B S M B A S E M E N T F L O O R 0 5 / 1 9 / 2 015 BC _ _ _ _ _ 0 1 0 - G A R G A R A G E F L O O R 0 5 / 2 8 / 2 015 BC _ _ _ _ _ A M 0 1 1 - S T P S T O O P 0 5 / 2 8 / 2 015 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 2 0 1 5 0 0 6 6 1 5 0 1 C O R N E R S T O N E D R 3 9 0 5 / 0 8 / 2 015 C o m m e n t s 1 : B R A C E W A L L S P R I O R T O B A C K F I L L I N G PR _ _ _ _ _ 0 0 4 - B K F B A C K F I L L 2 0 1 5 0 0 6 7 8 2 4 C A R L Y C T 3 2 0 5 / 1 5 / 2 015 PR _ _ _ _ _ A M 0 0 4 - B K F B A C K F I L L 2 0 1 5 0 0 6 8 1 1 7 6 C O D Y C T 5 0 5 / 0 6 / 2 015 PR _ _ _ _ _ 0 0 5 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 0 9 9 2 7 2 3 C R A N S T O N C I R 1 2 5 0 5 / 1 8 / 2 015 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 0 1 2 3 9 4 I R O Q U O I S L N 3 2 0 5 / 0 4 / 2 015 BC _ _ _ _ _ A M 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 0 3 9 4 1 O M A H A D R 2 5 0 5 / 0 8 / 2 015 C o m m e n t s 1 : F I N A L PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 0 5 1 0 5 B L A C K B E R R Y L N 2 2 0 5 / 1 3 / 2 015 C o m m e n t s 1 : G A R A G E PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 0 6 8 6 6 N C A R L Y C I R 4 5 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 0 7 8 7 2 N C A R L Y C I R 4 6 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 0 8 2 1 9 4 M E A D O W V I E W L N 1 5 0 5 / 2 1 / 2 015 C o m m e n t s 1 : W I N D O W S BC _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 1 4 2 4 2 2 F I T Z H U G H T U R N 1 4 6 0 5 / 0 8 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 5 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 1 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 4 - B S M B A S E M E N T F L O O R 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 1 5 7 9 5 K E N T S H I R E D R 1 4 3 0 5 / 0 1 / 2 015 BC _ _ _ _ _ 0 0 2 - B K F B A C K F I L L 0 5 / 0 7 / 2 015 PR _ _ _ _ _ 0 0 3 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 1 5 / 2 015 PR _ _ _ _ _ A M 0 0 4 - B S M B A S E M E N T F L O O R 0 5 / 1 9 / 2 015 PR _ _ _ _ _ A M 0 0 5 - G A R G A R A G E F L O O R 0 5 / 1 9 / 2 015 PR _ _ _ _ _ A M 0 0 6 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 1 9 / 2 015 BC _ _ _ _ _ 0 0 1 - E D A E N G I N E E R I N G - D R I V E W A Y A P 2 0 1 5 0 1 2 0 1 2 0 C O L O N I A L P K W Y 0 5 / 1 3 / 2 015 C o m m e n t s 1 : P O U R E D P R I O R T O I N S P E C T I O N BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 2 2 5 0 1 W F O X S T 0 5 / 0 6 / 2 015 C o m m e n t s 1 : R O O F & S I D I N G BC _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 1 2 3 8 0 5 C A R L Y C T 4 0 0 5 / 0 5 / 2 015 BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 2 6 4 0 7 D O V E R C T N O R T H 2 5 0 5 / 0 4 / 2 015 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 2 7 1 1 0 3 W E S T E R N L N 6 3 0 5 / 2 2 / 2 015 BC _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 3 0 7 3 5 K E N T S H I R E D R 1 3 6 0 5 / 0 8 / 2 015 PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 4 - B S M B A S E M E N T F L O O R 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 5 / 2 8 / 2 015 BC _ _ _ _ _ A M 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 3 1 7 1 1 K E N T S H I R E D R 1 3 4 0 5 / 0 8 / 2 015 PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 1 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 6 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 0 4 - B S M B A S E M E N T F L O O R 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 3 2 7 2 3 K E N T S H I R E D R 1 3 5 0 5 / 2 2 / 2 015 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 3 4 2 2 7 6 L A V E N D E R W A Y 5 8 0 5 / 0 1 / 2 015 BC _ _ _ _ _ 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 1 3 6 4 8 9 W I N D E T T R I D G E R D 6 6 0 5 / 2 7 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 3 7 1 3 7 2 C O R A L B E R R Y C T 1 1 4 0 5 / 2 0 / 2 015 C o m m e n t s 1 : A B O V E G R O U N D P O O L PR _ _ _ _ _ P M 0 0 1 - R F R R O U G H F R A M I N G 2 0 1 5 0 1 3 8 2 7 0 9 G O L D E N R O D D R 2 4 3 0 5 / 2 0 / 2 015 PR _ _ _ _ _ P M 0 0 2 - R E L R O U G H E L E C T R I C A L 0 5 / 2 0 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 4 2 1 2 0 4 D E E R S T 0 5 / 1 1 / 2 015 C o m m e n t s 1 : R O O F PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 4 4 8 8 4 W E S T E R N L N 8 6 0 5 / 1 5 / 2 015 PR _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 5 / 2 2 / 2 0 1 5 C o m m e n t s 1 : F E N C E BC 1 0 : 3 0 0 0 1 - B N D P O O L B O N D I N G 2 0 1 5 0 1 4 6 5 0 7 B L A I N E S T 0 5 / 1 3 / 2 015 C o m m e n t s 1 : A L L P L A S T I C - N O M E T A L BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 5 / 1 4 / 2 015 C o m m e n t s 1 : A G P BC 1 1 : 3 0 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 4 8 2 3 9 7 A U T U M N C R E E K B L V D 2 6 7 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 5 2 1 3 0 8 S P R I N G S T 1 8 6 0 5 / 1 8 / 2 015 BC _ _ _ _ _ 0 0 2 - F I N F I N A L I N S P E C T I O N 0 5 / 2 8 / 2 015 BC _ _ _ _ _ A M 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 1 5 3 1 6 1 0 J O H N S T 1 3 2 0 5 / 0 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 5 6 1 4 0 5 V I O L E T C T 3 6 1 0 5 / 1 1 / 2 015 PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 0 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 4 - B K F B A C K F I L L 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 5 / 2 9 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 7 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ 0 0 6 - G A R G A R A G E F L O O R 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 5 7 1 3 8 7 S L A T E D R 3 3 5 0 5 / 1 1 / 2 015 PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 0 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 4 - B K F B A C K F I L L 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 5 - G A R G A R A G E F L O O R 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 6 - B S M B A S E M E N T F L O O R 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 1 - F T G F O O T I N G 2 0 1 5 0 1 5 8 1 3 6 7 S L A T E D R 3 3 3 0 5 / 1 1 / 2 015 PR _ _ _ _ _ P M 0 0 2 - E S W E N G I N E E R I N G - S E W E R / W A T 0 5 / 2 6 / 2 015 PR _ _ _ _ _ 0 0 3 - P L U P L U M B I N G - U N D E R S L A B 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 4 - B K F B A C K F I L L 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 5 - B S M B A S E M E N T F L O O R 0 5 / 2 9 / 2 015 PR _ _ _ _ _ 0 0 6 - G A R G A R A G E F L O O R 0 5 / 2 9 / 2 015 PR _ _ _ _ _ P M 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 1 6 5 2 4 4 1 S A G E C T 2 4 0 5 / 2 1 / 2 015 PR _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 1 5 0 1 6 7 1 5 9 C L A R E M O N T C T 2 5 0 5 / 0 1 / 2 015 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 6 8 8 3 2 H A M P T O N L N 2 0 6 0 5 / 1 3 / 2 015 BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 7 0 1 1 6 1 M I D N I G H T P L 2 7 2 0 5 / 2 2 / 2 015 BC _ _ _ _ _ A M 0 0 1 - P P S P R E - P O U R , S L A B O N G R A D E 2 0 1 5 0 1 7 4 2 3 8 8 A U T U M N C R E E K B L V D 2 6 2 0 5 / 1 9 / 2 015 PR _ _ _ _ _ 0 0 1 - P H D P O S T H O L E - D E C K 2 0 1 5 0 1 7 8 1 8 7 9 A S T E R D R 9 9 0 5 / 2 1 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 1 8 0 1 7 5 C O R N E I L S R D 0 5 / 2 2 / 2 015 C o m m e n t s 1 : S I G N BC _ _ _ _ _ 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 1 8 9 4 0 5 O A K W O O D S T 1 3 0 5 / 2 7 / 2 015 BC _ _ _ _ _ 0 0 1 - R O F R O O F U N D E R L A Y M E N T I C E & W 2 0 1 5 0 1 9 5 4 1 0 E M A I N S T 0 5 / 2 7 / 2 015 PR 1 2 : 0 0 0 0 1 - R O F R O O F U N D E R L A Y M E N T I C E & W 2 0 1 5 0 2 0 0 3 1 6 E O R A N G E S T 0 5 / 1 9 / 2 015 BC _ _ _ _ _ A M 0 0 1 - P H F P O S T H O L E - F E N C E 2 0 1 5 0 2 0 2 8 5 5 P A R K S I D E L N 1 9 6 0 5 / 2 9 / 2 015 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 8 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 8 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PR _ _ _ _ _ A M 0 0 1 - E S W E N G I N E E R I N G - S E W E R / W A T 2 0 1 5 0 2 1 3 1 0 9 6 C A R L Y D R 2 9 0 5 / 2 8 / 2 015 PR _ _ _ _ _ 0 0 1 - F I N F I N A L I N S P E C T I O N 2 0 1 5 0 2 1 4 3 2 5 S H A D O W W O O D 1 2 5 0 5 / 2 1 / 2 015 PR _ _ _ _ _ 0 0 2 - P L F P L U M B I N G - F I N A L O S R R E A D 0 5 / 2 1 / 2 015 PR 1 0 : 3 0 0 0 1 - R M C R O U G H M E C H A N I C A L 2 0 1 5 0 2 1 7 1 5 0 9 S T O N E R I D G E C I R 0 5 / 2 1 / 2 015 C o m m e n t s 1 : D R Y W A L L N E E D P A T C H A T F L U E O N T H E C E I L I C o m m e n t s 2 : N G , P R O P E R W A T E R T I G H T P A N N E E D E D F O R F U R C o m m e n t s 3 : N A C E , D R A I N I N N O C O R R E C T N E E D T E R M I N A T E C o m m e n t s 4 : O P E N S I G H T T O F L O O R D R A I N N O T S I N K PR _ _ _ _ _ A M 0 0 2 - R E I R E I N S P E C T I O N 0 5 / 2 9 / 2 015 C o m m e n t s 1 : H V A C DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 9 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 9 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- PE R M I T T Y P E S U M M A R Y : A D D A D D I T I O N 6 A G P A B O V E - G R O U N D P O O L 3 B I P B U I L D I N C E N T I V E P R O G R A M S F D 9 8 B S M B A S E M E N T R E M O D E L 2 C O M C O M M E R C I A L B U I L D I N G 2 D C K D E C K 5 D R V D R I V E W A Y 1 F N C F E N C E 1 3 G A R G A R A G E 1 H V C H V A C U N I T / S 2 P T O P A T I O / P A V E R S 6 R O F R O O F I N G 4 S F D S I N G L E - F A M I L Y D E T A C H E D 9 S G N S I G N 1 S H D S H E D / A C C E S S O R Y B U I L D I N G 2 W I N W I N D O W R E P L A C E M E N T 3 IN S P E C T I O N S U M M A R Y : B K F B A C K F I L L 7 B N D P O O L B O N D I N G 1 B S M B A S E M E N T F L O O R 1 1 E D A E N G I N E E R I N G - D R I V E W A Y A P R O N 1 E F L E N G I N E E R I N G - F I N A L I N S P E C T I O N 6 E S W E N G I N E E R I N G - S E W E R / W A T E R 8 F I N F I N A L I N S P E C T I O N 2 2 F T G F O O T I N G 1 3 G A R G A R A G E F L O O R 1 2 I N S I N S U L A T I O N 5 P H D P O S T H O L E - D E C K 2 P H F P O S T H O L E - F E N C E 1 0 P L F P L U M B I N G - F I N A L O S R R E A D Y 8 P L R P L U M B I N G - R O U G H 5 P L U P L U M B I N G - U N D E R S L A B 1 0 P P S P R E - P O U R , S L A B O N G R A D E 7 P P W P R E - P O U R , W A L L S T E E L 1 R E I R E I N S P E C T I O N 4 R E L R O U G H E L E C T R I C A L 7 R F R R O U G H F R A M I N G 8 R M C R O U G H M E C H A N I C A L 5 R O F R O O F U N D E R L A Y M E N T I C E & W A T E R 2 S T P S T O O P 3 IN S P E C T O R S U M M A R Y : B C B O B C R E A D E U R 4 2 D B D A R R E L L B U S C H 1 P R P E T E R R A T O S 1 0 9 P W K P U B L I C W O R K S 3 T K T O M K O N E N 3 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 10 DA T E : 0 6 / 2 4 / 2 0 1 5 U N I T E D C I T Y O F Y O R K V I L L E P A G E : 10 TI M E : 0 8 : 4 5 : 4 4 C A L L S F O R I N S P E C T I O N R E P O R T ID : P T 4 A 0 0 0 0 . W O W I N S P E C T I O N S S C H E D U L E D F R O M 0 5 / 0 1 / 2 0 1 5 T O 0 5 / 3 1 / 2 0 1 5 IN S P E C T O R S C H E D . C O M P . T I M E T Y P E O F I N S P E C T I O N P E R M I T A D D R E S S L O T D A T E D A T E -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ST A T U S S U M M A R Y : A B C 1 C B C 1 1 C P R 1 9 C P W K 1 I B C 3 0 I D B 1 I P R 8 3 I P W K 2 T P R 7 T T K 3 RE P O R T S U M M A R Y : 1 5 8 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 NB #3 Tracking Number EDC 2015-26 Property Maintenance Report for May 2015 EDC – July 7, 2015 Informational None Pete Ratos Community Development Name Department Property Maintenance Report May 2015 Adjudication: 2 Property Maintenance Cases heard in May N 3113 1204 Deer St Permit Required Liable/Dismissed N 3114 1204 Deer St Work Continued after Stop Work Order Liable $75.00 May Formal Complaints: 7 Formal complaints received in May 2015-05-001 1152 Kate Dr. Weeds Compliant 2015-05-002 400 Freemont St Vehicles No Violation 2015-05-003 305 Candleberry Ct. Trailer/Pool Gate Notice of Violation 2015-05-004 518 Fairhaven Fence in Disrepair Notice of Violation 2015-05-005 1232 Deerpath Dr. Weeds Citation 2015-05-006 728 E Veterans Pk. Weeds/Trailers No Violation 2015-05-007 2272 Emerald Ln. Weeds Citation/PW mowed 2015-05-008 1555 Coral Dr. Weeds Citation 2015-05-009 221 B Hillcrest Ave. Vehicles Notice of Violation Memorandum To: Economic Development Committee From: Pete Ratos, Code Official CC: Bart Olson, Krysti Barksdale-Noble, Lisa Pickering Date: June 15, 2015 Subject: May Property Maintenance 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. Informational Item. Reviewed By: Legal Finance Engineer City Administrator Human Resources Community Development Police Public Works Parks and Recreation Agenda Item Number NB #4 Tracking Number EDC 2015-27 Foreclosure Tracking EDC – July 7, 2015 N/A N/A N/A Bi-annual update on newly filed foreclosures from January to June 2015. Chris Heinen Community Development Name Department Below is the foreclosure comparison from January 2015 to June 2015. These results are compared to the same months for 2014 and all data is provided by http://www.public- record.com. Based on these results, the total number of foreclosures through June has decreased in 2015. The following graphs illustrate the trend in foreclosures month by month for 2015 and 2014. It also breaks down the amount of foreclosures by ward, subdivision and property type (residential, commercial, vacant land, etc). Month Breakdown: • The number of total foreclosures from 2014 to 2015 has decreased considerably. In total, for the months of January thru June, there were a total of 55 foreclosures in 2014 and a total of 36 foreclosures in 2015, which is about a 65% decrease. Memorandum To: Economic Development Committee From: Chris Heinen, Planner CC: Krysti Barksdale-Noble, Community Development Director Bart Olson, City Administrator Date: July 1, 2015 Subject: Bi Annual Foreclosure Update 2015 Ward Breakdown: • As indicated in the graph below, Ward 3 has had the most foreclosures to date in 2015. However, these foreclosures are substantially down from 2014. All of the Wards had a decrease in foreclosures from 2014 to 2015 for the months of January through June. Subdivision Breakdown: There were numerous subdivisions throughout the City that recorded newly filed foreclosures. Staff took the top five subdivisions for a comparison and grouped all other subdivisions into the “Other” category. • As indicated in the graph below, Fox Hill had the highest amount of foreclosures from January to June 2015. Fox Hill had a large increase from 2014 to 2015 for the same months while Autumn Creek and Bristol Bay had a substantial reduction in foreclosures. Property Type Breakdown: • As indicated in the graph below, Single Family Residential had the most foreclosures to date in 2015. However, these foreclosures are down from 2014. Summary Month Breakdown: The monthly breakdown of foreclosures indicates a substantial decrease from month to month in foreclosures from 2014 to 2015. Ward Breakdown: Ward 3 has the highest amount of newly filed foreclosures of all the wards. Bristol Bay and Fox Hill are a couple of the larger subdivisions within Ward 3, which would indicate the reason for the higher amount of foreclosures. Ward 2 had the fewest amount of newly filed foreclosures in the first six months of 2015. Ward 2 is generally located within the downtown/older part of town and would indicate a stronger stability in the foreclosure market. Subdivision Breakdown: Fox Hill had the highest amount of newly file foreclosures in the first six months of 2015. This is a new trend from the previous years, which had Bristol Bay as the highest amount of foreclosures. Staff is unsure of the reasoning for this trend shift. Property Type Breakdown: The largest amount of newly filed foreclosures in the first few months of 2015 was single family residences. Since a majority of the housing stock in Yorkville is single family detached, this statistic is anticipated. Future Trends: As indicated from the last update, newly filed foreclosures are likely to play a smaller role in the housing market in 2015. This is evident in the fact that the overall number of newly filed foreclosures from January 2015 to June 2015 is down substantially. National expectations are concurrent with what is forecasted in Illinois and we should expect a steady decline in foreclosures for the remainder of the calendar year. 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 NB #5 Tracking Number PC 2015-09 PC 2015-10 Lot 19 Commercial Drive (Rezoning & Special Use) EDC/July 7, 2015 Informational Feedback Request for Rezoning from B-3 to M-1 and Special Use Permit approval for a public self storage facility located at 147 Commercial Drive. Chris Heinen Community Development Name Department Background & Request: The petitioner, Terry Richards, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting a rezoning from B-3, General Business District to M-1, Limited Manufacturing District and special use permit approval for the construction of a public self storage facility. The property is located on Lot 19 on Commercial Drive in Yorkville, Illinois. Memorandum To: Economic Development Committee From: Chris Heinen, Planner CC: Bart Olson, City Administrator Krysti J. Barksdale-Noble, Community Development Director Date: June 25, 2015 Subject: PC 2015-09 & 10 – Self Storage Facility (Rezoning & Special Use Permit) – Lot 19 Commercial Drive The property was annexed pursuant to an annexation agreement on March 23, 1995 to the City of Yorkville by the Inland Land Appreciation Fund, L.P as part of a larger land development plan subsequently zoned R-2, B-3 and M-1. The property in question fell under the B-3 zoning classification upon annexation. The petitioner is looking to construct nine (9) self storage buildings ranging from 2,000 square feet to 12,000 square feet in size and will have a total of 322 storage units. The main entrance will be located on Commercial Drive. The petitioner is proposing five (5) parking stalls, which includes one (1) handicapped accessible stall. The plan also indicates an additional three (3) parking stalls for the future, if needed. The property will be secured by fencing and an entry gate that will be accessible by the Fire Department via a Knox Box. The overall lot coverage, which includes buildings and pavement, is approximately 80%. This calculation is above the maximum required 60% lot coverage and the petitioner will be requesting a variance from the Zoning Board of Appeals to increase the minimum lot coverage requirement. There will be a 20 foot landscape buffer along the northern property line to help screen the existing residential properties to the north. The petitioner has requested relief from the Landscape Ordinance that requires a 30-foot landscape buffer for non-residential uses adjacent to residential uses. Per section 8-12-3F2 of the Landscape Ordinance, it states that any request for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the city staff. The petitioner is providing written justification and will be implementing additional landscaping along the northern property line to accommodate the relief requested. Staff is supportive of this request due to the fact that the property to the north, a residence in unincorporated Kendall County, is designated as commercial on the Comprehensive Plan and will most likely be developed as commercial in the future. Two (2) monument signs are being proposed on the property. The first sign will be located at the northeast corner of the lot with exposure to Route 47. The second sign will be located at the entrance off of Commercial Drive. Additional wall signage will be placed on the northeasterly building as well. EXISTING CONDITIONS: The existing zoning and land use for properties surrounding the subject property are as indicated below: Zoning Land Use North Kendall County County Residences East B-3, General Business District Vacant/Commercial Building South B-3, General Business District Vacant/Commercial Building West M-1, Limited Manufacturing Vacant Parcel SPECIAL USE CRITERIA: Section 10-4-9F of the City’s Zoning Ordinance establishes standards for special use requests. No special use shall be recommended by the plan commission unless said commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the city council pursuant to the recommendations of the plan commission. AMENDMENT CRITERIA: Section 10-4-10B of the City’s Zoning Ordinance establishes standards for proposed amendment requests. Where the purpose and effect of the proposed amendment are to change the zoning classification of a particular property, the plan commission shall make findings based upon the evidence presented to it in each specific case with respect to the following matters: 1. The existing uses and zoning of nearby property. 2. The extent to which the property values are diminished by the particular zoning restrictions. 3. The extent to which the destruction of property values of plaintiff promotes the health, safety, morals or general welfare of the public. 4. The relative gain to the public as compared to the hardship imposed upon the individual property owner. 5. The suitability of the subject property for the zoned purposes. 6. The length of time the property has been vacant as zoned considered in the context of land development in the area in the vicinity of the subject property. 7. The community need for the purposed use. 8. The care to which the community has undertaken to plan its land use development. The applicant has provided written responses to these special use and amendment standards as part of their application and requests inclusion of those responses into the public record at the July 8, 2015 Plan Commission meeting. Staff Comments: The proposed rezoning of the property is supported by staff. A majority of the properties in the area, specifically to the west, are zoned M-1 and this property, and use, would fit in with the other lots in the subdivision. This proposed rezoning and special use was discussed at Plan Council on June 11, 2015 and the comments listed at that meeting are attached. A public hearing is scheduled on July 8, 2015 before the Plan Commission. A recommendation will be forwarded to the City Council for consideration at the July 21 , 2015 regularly scheduled meeting. Additionally, the petitioner will be filing a lot coverage variance and a public hearing will be scheduled on August 5, 2015 before the Zoning Board of Appeals. A recommendation will be forwarded to the City Council for consideration at the August 25, 2015 regularly scheduled meeting. Staff will be available to answer any question the Economic Development Committee may have at Tuesday night’s meeting. Attachments: 1. Copy of Petitioner’s Application w/exhibits. 2. Comments from the Plan Council meeting. 3. Response letter from petitioner. 4. Copy of Public Notice. 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T: \ V A R \ S T A N D A R D S \ S T A R T E R B L D G \ A . d w g SI Z E TY P E DO O R S C H E D U L E CO D E RO U G H O P E N I N G MA N U F . DE S C R I P T I O N C O L O R PA R T # QT Y SLIM26 12, 18 and 26 Watt SLIM wallpacks are ultra efficient and deliver impressive light distribution with a compact low-profile design that's super easy to install as a downlight or uplight. Color: Bronze Weight: 4.5 lbs Project:Type: Prepared By:Date: Driver Info Type:Constant Current 120V:0.27A 208V:0.17A 240V:0.15A 277V:0.13A Input Watts:29W Efficiency:88% LED Info Watts:26W Color Temp:5100K (Cool) Color Accuracy:67 CRI L70 Lifespan:100,000 Lumens:2,849 Efficacy:97 LPW Technical Specifications Listings UL Listing: Suitable for wet locations. Suitable for mounting within 1.2m (4ft) of the ground. ADA Compliant: SLIM™ is ADA Compliant. DLC Listed: This product is on the Design Lights Consortium (DLC) Qualified Products List and is eligible for rebates from DLC Member Utilities. Dark Sky Approved: The International Dark Sky Association has approved this product as a full cutoff, fully shielded luminaire. IESNA LM-79 & LM-80 Testing: RAB LED luminaires have been tested by an independent laboratory in accordance with IESNA LM- 79 and LM-80, and have received the Department of Energy "Lighting Facts" label. Construction IP Rating: Ingress Protection rating of IP66 for dust and water. Ambient Temperature: Suitable for use in 40°C (104°F) ambient temperatures. Thermal Management: Superior heat sinking with internal Air-Flow fins. Housing: Precision die-cast aluminum housing. Mounting: Heavy-duty mounting bracket with hinged housing for easy installation. Recommended Mounting Height: Up to 22 ft. Lens: Tempered glass lens. Reflector: Specular thermoplastic. Gaskets: High-temperature silicone. Finish: Our environmentally friendly polyester powder coatings are formulated for high-durability and long-lasting color, and contains no VOC or toxic heavy metals. Green Technology: Mercury and UV free, and RoHS compliant. LED Characteristics LED: Multi-chip, long-life LED. Lifespan: 100,000-hour LED lifespan based on IES LM-80 results and TM-21 calculations. Color Consistency: 7-step MacAdam Ellipse binning to achieve consistent fixture-to-fixture color. Color Stability: LED color temperature is warrantied to shift no more than 200K in CCT over a 5 year period. Color Uniformity: RAB's range of CCT (Correlated Color Temperature) follows the guidelines for the American National Standard for Specifications for the Chromaticity of Solid State Lighting (SSL) Products, ANSI C78.377- 2011. Electrical Driver: Constant Current, Class 2, 100-277V, 50/60 Hz., 6KV surge protection, 720mA, 100-277VAC 0.4 Amps, Power Factor 99%. THD: 13% at 120VOther HID Replacement Range: The SLIM26 can be used to replace 175W MH based on delivered lumens. California Title 24: See SLIM26/D10 for a 2013 California Title 24 compliant product. Any additional component requirements will be listed in the Title 24 section under technical specifications on the product page. Patents: The design of the SLIM™ is protected by patents in U.S. Pat D681,864, and pending patents in Canada, China, Taiwan and Mexico. Need help? Tech help line: 888 RAB-1000 Email: sales@rabweb.com Website: www.rabweb.com Copyright © 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice Page 1 of 2 SLIM26 Technical Specifications (continued) Optical BUG Rating: B1 U0 G0 Dimensions Features Full cutoff, fully shielded LED wallpack Can be used as a downlight or uplight Contractor friendly features for easy installation 100,000-hour LED Life 5-Year Warranty Ordering Matrix Family Watts Color Temp Finish Photocell Dimming SLIM 26 = 26W 18 = 18W 12 = 12W Blank = Cool Y = Warm N = Neutral Blank = Bronze W = White Blank = No Photocell /PC = 120V Button /PC2 = 277V Button Blank = No Dimming /D10 = Dimmable Need help? Tech help line: 888 RAB-1000 Email: sales@rabweb.com Website: www.rabweb.com Copyright © 2014 RAB Lighting Inc. All Rights Reserved Note: Specifications are subject to change at any time without notice Page 2 of 2 Space Center Inc. 1975 Bucktail Lane Sugar Grove, IL 60554 Chris Heinen Planner United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: PC 2015-09 & 10 Lot 19 Commercial Drive Special Use and Rezoning for a public storage facility Dear Mr. Heinen, This memo is in response to follow-up comments from the Plan Council meeting held on June 11, 2015 to discuss the proposed Special Use & Rezoning application for a public storage on Lot 19 Commercial Drive. Please see responses to your comments below in addition to a revised preliminary site plan and other informational attachments. Engineering Comments • Engineering comments to be addressed in future engineered site plan. Fire District (BKFD) Comments: • A Knox box will located at the gate for entrance of emergency vehicles. Community Development Comments • A table has been added to the preliminary site plan with proposed building heights. • Calculations for lot coverage have been added to the preliminary site plan. Please see request for variance. • Calculations for FAR have been added to the preliminary site plan. • Please see preliminary site plan for total number of storage units per building and typical parking stall diagram. Maximum employee count per shift is one. Five parking spaces have been provided exceeding the minimum three spaces per the special use requirements and space has been designated for additional parking if needed in the future to meet one parking space per 45 storage units. See employee count letter attachment. • The use and application of the proposed retail self storage facility does not require the need or use of a loading berth. If the need for a loading berth arises in the future, amicable space is available on site. • Please see attachments for elevations of typical storage buildings and building “f”, which has frontage on Route 47. Façade and roof of office space to match storage buildings with the addition of a service door and window(s). • Locations of signage has been added to the preliminary site plan. All proposed signs are to comply with the City of Yorkville sign ordinance. • Proposed locations of lighting wall packs to be attached to building have been added to the preliminary site plan. Please see attached light pack product data sheet. Maximum illumination Space Center Inc. 1975 Bucktail Lane Sugar Grove, IL 60554 at the property line will not exceed 0.1 foot-candle and no glare shall spill onto adjacent properties or rights of way. • A variance has been requested for a 20 foot buffer yard on the Northern property line. Please see variance narrative. • All storage will be provided in enclosed buildings. No outdoor storage will be provided. • At least three parking spaces will be provided. Please see preliminary site plan for location of future parking spaces if required as necessary to comply with 1 parking space per 45 storage units. Amicable parking has been provided given one employee count per shift. Please let us know if you have any questions or would like further clarification. Sincerely, Adam Richards PUBLIC NOTICE NOTICE OF PUBLIC HEARING BEFORE THE UNITED CITY OF YORKVILLE PLAN COMMISSION PC 2015-09 AND PC 2015-10 NOTICE IS HEREWITH GIVEN THAT Terry Richards, petitioner, has filed applications with the United City of Yorkville, Kendall County, Illinois, requesting rezoning approval from B-3, General Business District to M-1, Limited Manufacturing District and requesting special use approval for a public storage facility pursuant to Chapter 6, Table 10.06.03 of the Yorkville Zoning Ordinance. The real property is located at 147 Commercial Drive in Yorkville, Illinois. The legal description is as follows: LOT 19 FINAL PLAT OF SUBDIVISION YORKVILLE BUSINESS CENTER UNIT 3 BEING A PART OF THE WEST HALF OF SECTION 16 AND PART OF THE EAST HALF OF SECTION 17, ALL IN THE TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED MAY 21, 2001 AS DOCUMENT 200100008620 IN KENDALL COUNTY, ILLINOIS. The application materials for the proposed Rezoning and Special Use are on file with the City Clerk. NOTICE IS HEREWITH GIVEN THAT the Plan Commission for the United City of Yorkville will conduct a public hearing on said applications on Wednesday, July 8, 2015 at 7 p.m. at the United City of Yorkville, City Hall, located at 800 Game Farm Road, Yorkville, Illinois 60560. The public hearing may be continued from time to time to dates certain without further notice being published. All interested parties are invited to attend the public hearing and will be given an opportunity to be heard. Any written comments should be addressed to the United City of Yorkville City Clerk, City Hall, 800 Game Farm Road, Yorkville, Illinois, and will be accepted up to the date of the public hearing. By order of the Corporate Authorities of the United City of Yorkville, Kendall County, Illinois. BETH WARREN City Clerk BY: Lisa Pickering Deputy Clerk 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 NB #6 Tracking Number EDC 2015-28 Hoover Entrance Economic Development Committee – July 7, 2015 Please see attached. Bart Olson Administration Name Department 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 OB #1 Tracking Number EDC 2015-21 Vacant Building Registration Program EDC/July 7, 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. 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 http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 3/6 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 http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 4/6 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 6/2/2015 Pr int Page http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 5/6 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 http://www.mcs360.com/codecompliance/AllCities~Illinois~pr opertyregistration.aspx 6/6 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 - 12 - 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 - 13 - 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 - 14 - 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 0 to f 1 111 L I N0 v 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 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 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-___ Page 7 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-___ Page 8 (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-___ Page 9 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-___ Page 10 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-___ Page 11 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