HomeMy WebLinkAboutG46-23 Ordinance No. G46-23
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE TO REQUIRE THE DISCLOSURE OF
HISTORIC DESIGNATION BY SELLERS OF REAL PROPERTY IN THE CITY OF ELGIN
WHEREAS, the City Council of the City of Elgin has previously adopted Title 20 of the
Elgin Municipal Code, entitled "Historic Preservation" (the "Elgin Historic Preservation
Ordinance"); and
WHEREAS, the City Council has determined that it is appropriate for persons or entities
who are selling real property that is located within a designated historic district, designated as a
landmark or designated as a thematic historic district property to advise prospective buyers of such
designation; and
WHEREAS,the City of Elgin is a home rule unit and as a home rule unit may exercise any
power and perform any function pertaining to its government and affairs; and
WHEREAS, the Elgin Historic Preservation Ordinance and the issuance of a real estate
transfer stamp, including but not limited to regulations in the Elgin Municipal Code relating to the
disclosure of information relating to property which is located in designated historic district,
designated as a landmark or designated as a thematic historic district property, and as to what
documents are required prior to the issuance of a real estate transfer stamp, pertain to the
government and affairs of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Section 20.04.010 of the Elgin Municipal Code entitled "Terms
defined" be and is hereby further amended to include the following additional defined terms placed
in alphabetical order amongst existing, previously defined terms:
"Prospective buyer means any person or entity negotiating or offering to become an owner
of real property located within a designated historic district, designated as a landmark or
designated as a thematic historic district property by means of a transfer for value.
Seller means every person or entity who is an owner, beneficiary of a trust, contract
purchaser or lessee of a ground lease, or who has an interest (legal or equitable) in real
property located within a designated historic district, designated as a landmark or
designated as a thematic historic district property."
Section 2. That Title 20 of the Elgin Municipal Code entitled "Historic Preservation"
be and is hereby further amended by adding new Chapter 20.18 thereto entitled "Disclosure of
Historic Designation" to read as follows:
"CHAPTER 20.18. - DISCLOSURE OF HISTORIC DESIGNATION
20.18.010. - Disclosure required.
Whenever real property located in a designated historic district, designated as a landmark,
or designated as a thematic historic district property pursuant to Chapter 20.06 of this code
is to be sold within the City of Elgin,the seller thereof shall tender to all prospective buyers
a copy of the pre-printed information available from the City that describes such historic
designations and certain exterior alterations and construction standards with respect to such
properties. Said seller shall obtain the signatures of all parties to a sale of such real property
showing the pre-printed information has been given and received, indicating thereon the
street address and parcel number of the real property being sold.
20.18.020. -Timing of disclosure.
The disclosure required in Section 20.18.010 above shall be completed no later than at the
time the real estate sale contract is executed between the seller and prospective buyer
thereof."
Section 3. That Section 4.26.020 of the Elgin Municipal Code entitled "Real Estate
Transfer Stamp Requirement" be and is hereby further amended by amending subparagraph D
thereof by adding the following additional provision:
"5. Failure to provide the disclosure relating to real property within a designated
historic district, designated as a landmark, or designated as a thematic historic
district property as required in Chapter 20.18 of this Code."
Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed to the extent of any such conflict.
Section 5. That this ordinance shall be in full force and effect from and after February
1, 2024, upon its passage and publication in the manner provide by law.
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David J. Kapt ' , May 7
Presented: December 6, 2023
Passed: December 6, 2023
Omnibus Vote: Yeas: 9 Nays: 0 _ .
Recorded: December 6, 2023
Published: December 6, 2023 '`f %C7, - ; .'.
Att st: �:`
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Kimberly Dewis, Cit l :161--(-A-1.3
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