G54-10 (2) •
Ordinance No. G54-10
AN ORDINANCE
AMENDING TITLE 16 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "BUILDINGS AND CONSTRUCTION," BY ADDING
A NEW CHAPTER 16.42, ENTITLED "VACANT RESIDENTIAL BUILDINGS"
WHEREAS, recent economic conditions have caused many homes in the City of Elgin to
be foreclosed, abandoned or otherwise vacant; and,
WHEREAS, vacant structures and properties, if left unattended, are public nuisances in
that such properties may fall into disrepair, contribute to the decrease in value of surrounding
properties, precipitate disinvestment by neighboring owners, provide locations for criminal
activities, undermine the aesthetic character of specific neighborhoods and the City of Elgin at
large, and have other undesirable effects; and,
WHEREAS, properties that remain vacant over an extended period of time are a
detriment to the public health, safety and welfare, in that such properties unreasonably interfere
with the reasonable and lawful use and enjoyment of other premises within the neighborhood,
present increased fire, health, sanitation and safety hazards, may pose an extraordinary danger to
police officers, firefighters and code officials when entering the premises in response to
emergencies or in the normal course of their duties, and detract from the appearance and good
order of specific neighborhoods and the City of Elgin at large; and,
(Pk WHEREAS, such properties are owned or controlled by individuals or other entities that
should be responsible for the maintenance and preservation of such properties; and,
WHEREAS, the registration of these vacant properties and the implementation of
maintenance and monitoring plans will discourage property owners and those responsible for
such properties from allowing their properties to remain vacant indefinitely, will help to prevent
these properties from becoming a burden to the residents and taxpayers of the City of Elgin, and
will facilitate the return of these properties to their intended use; and,
WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII Section 6 of the
Illinois Constitution; and,
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform
any function pertaining to its government and affairs including, but not limited to, the power to
regulate for the protection of the public health, safety, morals and welfare, and the power to
abate public nuisances; and,
WHEREAS, an ordinance providing for the abatement of nuisances caused by vacant
properties, requiring the registration, inspection, maintenance, repair and rehabilitation of vacant
properties, and facilitating such properties subsequent occupancy, pertains to the government and
affairs of the City of Elgin and is in the best interest of the citizens of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Title 16 of the Elgin Municipal Code, 1976, as amended, entitled
"Building and Construction" be and is hereby amended by adding a new Chapter 16.42 thereto,
entitled "Vacant Residential Buildings," to read as follows:
Chapter 16.42
VACANT RESIDENTIAL BUILDINGS
Sections:
16.42.010 Declaration of Policy
16.42.020 Other Ordinances
16.42.030 Definitions
16.42.040 Vacant Building Determination
16.42.050 Appeal of Vacant Building Determination
16.42.060 Obligation to Register Vacant Buildings and Foreclosed Unoccupied
Buildings
16.42.070 Approval of Plan
16.42.080 Authority to Modify Plan; Right to Appeal
16.42.090 Failure to Comply with Plan
16.42.100 Other Enforcement
16.42.110 Real Estate Transfer Stamps
16.42.120 Certification
16.42.130 Time Restrictions; Vacant Buildings
16.42.140 Enforcement and Penalties
16.42.150 Severability
16.42.010 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 residential buildings
which are or become "vacant"as defined herein; and,
B. Determines the responsibilities of owners of vacant residential buildings; and,
C. Provides for administration, enforcement, abatement of public nuisances, and the imposition of
penalties.
This chapter shall be liberally construed to affect its purposes.
16.42.020 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 Elgin Municipal Code,
1976, as amended, regulating the same subject matter, the more stringent or restrictive provision
shall apply.
16.42.030 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 section, 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.
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.
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.
OWNER: Any person, agent, operator, firm, or corporation having a legal or equitable interest in
a 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 structures thereon.
PUBLIC NUISANCE: A "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 the Elgin Municipal Code, 1976, 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 sewerage 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 insecure 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 building deemed to be a "dangerous building" under this section or a "dangerous structure"
under section 9.04.070 of the Elgin Municipal Code, 1976, as 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 Director pursuant to authority granted to him 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.
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 provisions of the Elgin Municipal Code, 1976, as amended; or,
E. Unoccupied and having multiple violations of the Elgin Municipal Code, 1976, as
amended; or,
F. Unoccupied and the building or its premises have been the site of unlawful activity at any
time while unoccupied, or at any time during the previous six (6) months whether
occupied or not; or,
G. Unoccupied as a result of having been condemned or declared unsafe for occupancy by
the Director and unlawfully occupied; or,
H. Unoccupied for over sixty (60) 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.
J. Unoccupied for over one year.
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.
16.42.040 VACANT BUILDING DETERMINATION:
A. Within ninety (90) days after the effective date of this chapter, the Director shall evaluate
all buildings in the City that he or she believes to be unoccupied on or after 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 16.42.030 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 16.42.030 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 Kane County or 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.
B. The Director shall cause an inspection of the interior of all "vacant buildings" to
determine compliance with City property maintenance, building, zoning, health, fire, life
safety, water and sewer codes. 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.
C. The notice of determination shall set a tentative date and time for the code compliance
inspection of the interior of the vacant building to determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes, and the existence of any unlawful improvements or occupancies. After
receipt of the notice of determination, if the owner does not appeal the determination, the
owner shall either confirm the tentative date for the inspection or shall schedule a new
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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 shall obtain an administrative search warrant to accomplish the inspection.
D. The City shall charge the owner a fee of five hundred dollars ($500.00) 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 receipt of the bill for same.
E. City real estate transfer stamps will not be issued by the City for the sale of such property
until such inspection has taken place and the fee therefore has been paid and, if
necessary, an administrative search warrant for the same has been timely obtained.
F. 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 16.42.060 of this chapter, and a notice of the owner's
right to appeal the Director's determination.
16.42.050 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 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 or her building as required by section 16.42.060 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 Manager or his or
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
Manager 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 Manager his or her designee shall send written notice of his or her 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 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 prior
to the Director's determination having been made shall set forth specific facts to support
inapplicability 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.
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E. If the City Manager, or his or her designee, fails to grant or deny an appeal within the
time periods set forth in this section 16.42.050, the appeal shall be deemed denied.
F. All references to the City Manager in this chapter shall be deemed to include the City
Manager or his or her designee.
16.42.060 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 Manager, 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 non-prorated vacant building registration fee.
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 the county in which the property is
located 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 state that the owner, by affixing his or her signature, is advised
that the City will not issue real estate transfer stamps without City inspectors
having first conducted an interior inspection for code compliance.
c. The form shall require the owner to:
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(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;
(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
the Elgin Municipal Code, 1976, as amended.
2. Inspection Conducted: The City shall conduct a comprehensive code compliance
inspection of the interior of the vacant building and the owner shall pay a five
hundred dollar ($500.00) fee to the City to defray the City's cost of same within thirty
(30) days of the inspection. Such inspection will determine the extent of compliance
with City property maintenance, building, zoning, health, fire, life safety, water and
sewer codes. 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. The City shall send
the inspection report to the owner within thirty (30) days. 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 (1) 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: 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:
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 16.42.030 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.
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 insure 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) 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 and the
exteriors shall at all times be maintained in compliance with the Elgin Municipal
Code, 1976, as amended, including, but not limited to, the following:
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(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, flyers and/or mail, past due utility notices and/or
disconnected utilities, or the accumulation of junk or debris.
h. Exterior lighting shall be maintained according to standards established by the
Director and available from the Director.
i. 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. 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.
5. Security Guard Service: On written notice of the Director, or as required within an
approved vacant building plan, the owner shall 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 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
securing the building is insufficient to prevent the actual or threatened harm.
6. Additional Information Posted: Affix to any building which is boarded, a
weatherproof eight and one-half (8.5) inch by eleven (11) inch 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 plaintiffs
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 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
16.42.060.A.1.c(3) of this section within fifteen (15) days of any change in the
information provided in any registration form provided hereunder.
16.42.070 APPROVAL OF PLAN:
A. Review of Vacant Building Plan: 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 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.
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16.42.080 AUTHORITY TO MODIFY PLAN; RIGHT TO 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. The owner may appeal the Director's determination
under this section by filing an appeal in writing with the City Manager 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 16.42.050.
16.42.090 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 the Elgin Municipal Code,
1976, as amended, including, but not limited to, an action to compel correction of property
maintenance violations.
16.42.100 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 Elgin Municipal
Code, 1976, as amended, or other applicable legislation.
16.42.110 REAL ESTATE TRANSFER STAMPS:
A premises upon which is situated a vacant building for which a code compliance inspection has
not been conducted, or for which inspection fees or registration fees imposed pursuant to this
chapter have not been paid in full, or which is not otherwise eligible under this chapter for the
City real estate transfer stamps shall not be permitted to acquire same until such inspection has
been conducted, all fees are paid and/or the eligibility issues are addressed. Unpaid fees shall be
a lien upon the property.
16.42.120 CERTIFICATION:
A Certificate of Code Compliance for Vacant Buildings issued by the Department of Code
Administration and payment in full of all fees imposed pursuant to this chapter are required prior
to any occupancy of a vacant building.
16.42.130 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 thirty (30) days unless an extension of that time is part of a plan approved by the
rik Director.
16.42.140 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 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 in its Administrative Adjudication System or through
filing an appropriate action in the Circuit Court for the Sixteenth Judicial Circuit, Kane
County, Illinois, or the Circuit Court of Cook County, Illinois.
D. Nothing herein contained shall prohibit the City from immediately condemning as
provided for in the Elgin Municipal Code, 1976, as amended, 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.
16.42.150 SEVERABILITY:
If any provision, clause, sentence, paragraph, section or part of this chapter or application thereof
to any person or circumstance, shall for any reason be adjudged by a court of competent
jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate
the remainder of this chapter and the application of such provision to other persons or
circumstances shall be confined in its operation to the provision, clause, sentence, paragraph,
section or part thereof directly involved in the controversy in which such judgment shall have
been rendered and to the person or circumstances involved. It is hereby declared to be the
legislative intent of the city council that this chapter would have been adopted had such
constitutional or invalid provisions, clause, sentence, paragraph, section or part thereof not been
included.
Section 2. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect on and after April 1, 2011,
upon its passage and publication in the manner provided by law.
Ed Schock, Mayor
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Presented: November 17, 2010 k
Passed: November 17, 2010 0 4 Gi
Vote: Yeas: 7 Nays: 0
Recorded: November 17, 2010 4 ,
Published: November 19, 2010
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Attest: '
Diane Robertson, City lerk
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