Chapter 8-32 VACANT BUILDINGS, FORECLOSED PROPERTIES AND RENTAL PROPERTIES

It is the purpose and intent of the city council to protect the health, safety, and welfare of the city of Harvey and to ensure owners, mortgagees, landlords and occupants share responsibility to prevent and avoid nuisances in the city of Harvey. The purpose of this section is to identify foreclosing or foreclosed mortgages, vacant property, and rental property in the city, to ensure that such properties meet and maintain minimum building and housing code standards and exterior maintenance standards and reduce criminal activity. The city council has determined that requiring that all such properties be registered with the city of Harvey and inspected serves these legitimate governmental interests.

It is the purpose and intent of the city council to establish a process to address the deterioration, crime, and decline in value of city of Harvey neighborhoods caused by property with defaulted mortgages located within the city of Harvey, and to identify, regulate, limit and reduce the number of these properties located within the city of Harvey. It has been determined that owner-occupied structures are generally better maintained when compared to vacant structures, even with a diligent off-site property owner. Vacant structures or structures owned by individuals who are economically strained and unable to meet their mortgage obligations are often not properly or diligently maintained, which contributes to blight, declined property values, and have a negative impact on social perception of the residential areas where they are located. It is the city council’s further intent to establish a registration program as a mechanism to help protect neighborhoods from becoming blighted through the lack of adequate maintenance of properties that are in default or defaulted, and to provide a mechanism to avert foreclosure actions through timely intervention, education, or counseling of property owners. (Ord. 3381 §1(A), 2019)

8-32-010 Nuisance declared.

Empty buildings which have doors, windows or openings which provide access to their interior which may invite vandalism or vermin, or which create a health or safety hazard, or which contribute to the blighting condition of the neighborhood are declared a nuisance. It is unlawful for any person to cause a nuisance as stated or to permit the nuisance to continue under his control or to fail to abate the nuisance after notification of its existence. All registrable property is at risk of being a public nuisance and if vacant or blighted can constitute a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare, and safety of the residents of the city of Harvey. (Ord. 3381 § 1(J), 2019: Ord. 2403 § 1 (part), 1985)

8-32-020 Definitions.

For the purpose of this chapter, the following terms and phrases shall have the meanings hereinafter set forth:

“Default” shall mean that the mortgagor has not complied with the terms of the mortgage on the property, or the promissory note, or other evidence of the debt, referred to in the mortgage.

“Empty building” means any residential, commercial or industrial building or structure which may or may not contain interior furnishings, which has been abandoned, vacated or left in an unattended condition.

“Enforcement officer” shall mean any law enforcement officer, building official, zoning inspector, code enforcement officer, fire inspector, building inspector, or other person authorized by the city of Harvey to enforce the applicable code(s).

“Evidence of vacancy” shall mean any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but are not limited to: overgrown and/or dead vegetation; past due utility notices and/or disconnected utilities; accumulation of trash, junk or debris; abandoned vehicles, auto parts and/or materials; the absence of furnishings and/or personal items consistent with habitation or occupancy; the presence of an unsanitary, stagnant swimming pool; the accumulation of newspapers, circulars, flyers and/or mail; statements by neighbors, passersby, delivery agents or government agents; and/or the presence of boards over doors, windows or other openings in violation of applicable code.

“Foreclosure” or “foreclosure action” shall mean the legal process by which a mortgagee, or other lien holder, terminates or attempts to terminate a property owner’s equitable right of redemption to obtain legal and equitable title to the real property pledged as security for a debt or the real property subject to the lien. The legal process is not concluded until the property obtained by the mortgagee, lien holder, or their designee, by certificate of title, or any other means, is sold to a nonrelated bona fide purchaser in an arm’s length transaction to satisfy the debt or lien.

“Landlord” shall mean one (1) or more persons or entities, jointly or severally, including a mortgage holder in possession of real property, in whom is vested all or part of the legal title to the premises or all or part of the beneficial ownership and a right to the present use and enjoyment of the premises, who rents, leases, or lets for consideration any rental property.

“Long-term rental property” shall mean rental property which the owner and/or landlord rents or leases for a term of one hundred eighty-one (181) days or longer.

“Mortgagee” shall mean the creditor, including but not limited to trustees; mortgage servicing companies; lenders in a mortgage agreement; any agent, servant, or employee of the creditor; any successor in interest; or any assignee of the creditor’s rights, interests or obligations under the mortgage agreement; or any other person or entity with the legal right to foreclose on the real property, excluding governmental entities.

“Owner” shall mean every person, entity, or mortgagee who, alone or severally with others, has legal or equitable title to any real property as defined by this chapter; has legal care, charge, or control of any such property; is in possession or control of any such property; and/or is vested with possession or control of any such property. The property manager shall not be considered the owner.

“Property manager” shall mean any party designated by the owner as responsible for inspecting, maintaining and securing the property as required in this chapter.

“Real property” shall mean any residential or commercial land and/or buildings, leasehold improvements and anything affixed to the land, or portion thereof identified by a property parcel identification number, located in the city of Harvey limits.

“Registrable property” shall mean:

1. Any real property located in the city of Harvey, whether vacant or occupied, that is encumbered by a mortgage in default, is subject to an ongoing foreclosure action by the mortgagee or trustee, has been the subject of a foreclosure action by a mortgagee or trustee and a judgment has been entered, or has been the subject of a foreclosure sale where the title was transferred to the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale. The designation of a “default/foreclosure” property as “registrable” shall remain in place until such time as the property is sold to a nonrelated bona fide purchaser in an arm’s length transaction or the foreclosure action has been dismissed and any default on the mortgage has been cured; or

2. Any property that is vacant for more than thirty (30) days or any cancellation of utility or service, whichever occurs first; or

3. Any rental property, as defined herein.

“Registry” shall mean a web-based electronic database of searchable real property records, used by the city of Harvey to allow owners, landlords and mortgagees the opportunity to register properties and pay applicable fees as required in this chapter.

“Rental property” shall mean any improved structure or portion of a structure within the city of Harvey which is occupied by someone other than the owner or landlord of the real property for residential or commercial purposes, including but not limited to the following: any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, mobile home, mobile home park, mobile home space, recreational vehicle park, town home, or condominium and for which the owner and/or landlord receives any value or consideration, including but not limited to money, or the exchange of goods or services, regardless of the relationship between lessor and lessee.

“Secure” means to render entry impossible into any building or structure by unauthorized persons.

“Semi-annual registration” shall mean six (6) months from the date of the first action that requires registration, as determined by the city of Harvey, or its designee, and every subsequent six (6) months the property is registrable. The date of the initial registration may be different than the date of the first action that required registration.

“Short-term rental property” shall mean rental property which the owner and/or landlord rents or leases for a term not exceeding one hundred eighty (180) days.

“Utilities and services” shall mean any utility and/or service that is essential for a building to be habitable and/or perform a service necessary to comply with all Harvey codes. This includes, but is not limited to, electrical, gas, water, sewer, lawn maintenance, pool maintenance, and snow removal.

“Vacant” shall mean any parcel of land in the city of Harvey that contains any building or structure that is not lawfully occupied.

“Vacant building” as used herein means a building or substantial portion thereof that is unoccupied or has not actively been furnished and so used as a place of business or residence for more than sixty (60) days. This includes manufactured housing and mobile homes whether located in a mobile home park or not. A vacant building also includes any building under construction where no substantial work has taken place for more than one hundred eighty (180) days. “Vacant building” does not include a building designed for storage if such building is secure from unauthorized entry, in good repair, and does not otherwise constitute a nuisance. (Ord. 3381 § 1(B), 2019; Ord. 3212 § 1 (part), 2008; Ord. 2403 § 1 (part), 1985)

8-32-025 Establishment of a registry.

There shall be an established registry cataloging each registrable property within the city, containing the information required by this chapter. (Ord. 3381 §1(C), 2019)

8-32-026 Inspection and registration of foreclosure or defaulted mortgage.

A. Any mortgagee who holds a mortgage on real property located within the city of Harvey shall perform an inspection of the property upon it being in default or defaulted by the mortgagor as evidenced by the filing of a foreclosure action or prior to the issuance of a notice of default.

B. Property inspected pursuant to subsection A of this section that remains in foreclosure or default shall be inspected every thirty (30) days by the mortgagee or mortgagee’s designee. If an inspection shows a change in the property’s occupancy status the mortgagee shall, within ten (10) days of that inspection, update the occupancy status of the property registration.

C. Within ten (10) days of the date any mortgagee files a foreclosure action or declares its mortgage to be in default or defaulted, the mortgagee shall register the real property with the city of Harvey registry, and, at the time of registration, indicate whether the property is vacant, and if so shall designate in writing a property manager to inspect, maintain and secure the real property subject to the mortgage in default or foreclosure action. A separate registration is required for each registrable property under a foreclosure action regardless of whether the property is vacant or occupied.

D. Initial registration pursuant to this section shall contain at a minimum the name of the mortgagee, the mailing address of the mortgagee, email address, telephone number and name of the property manager and said person’s address, email address, and telephone number.

E. At the time of initial registration each registrant shall pay a nonrefundable semi-annual registration fee as set forth in the fee schedule, which may be amended from time to time by the city council, for each registrable property. Subsequent semi-annual registrations of defaulted properties and fees are due within ten (10) days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to defaulted properties, (3) post-closing counseling and foreclosure intervention limited to owner-occupied persons in default, which may not include cash and mortgage modification assistance, and (4) for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the city of Harvey’s department dedicated to the cost of implementation and enforcement of the this chapter, and fulfilling the purpose and intent of this chapter. None of the funds provided for in this section shall be utilized for the legal defense of foreclosure actions.

F. Each individual property on the registry that has been registered for twelve (12) months or more prior to the effective date shall have thirty (30) days to renew the registration and pay a nonrefundable semi-annual registration fee. Properties registered less than twelve (12) months prior to the effective date shall renew the registration every six (6) months from the expiration of the original registration renewal date and shall pay semi-annual registration fee.

G. If the mortgage and/or servicing on a property is sold or transferred, the new mortgagee is subject to all the terms of this chapter. Within ten (10) days of the transfer, the new mortgagee shall register the property or update the existing registration. The previous mortgagee(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee’s involvement with the registrable property.

H. If the mortgagee sells or transfers the registrable property in a non-arm’s-length transaction to a related entity or person, the transferee is subject to all the terms of this chapter. Within ten (10) days of the transfer, the transferee shall register the property or update the existing registration. Any and all previous unpaid fees, fines, and penalties, regardless of who the mortgagee was at the time registration was required, including but not limited to unregistered periods during the foreclosure process, are the responsibility of the transferee and are due and payable with the updated registration. The previous mortgagee will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that mortgagee’s involvement with the registrable property.

I. If the defaulted or foreclosed property is not registered, or the registration fee is not paid within thirty (30) days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten (10) percent of the semi-annual registration fee shall be charged for every thirty (30) day period, or portion thereof, the property is not registered and shall be due and payable with the registration.

J. This section shall also apply to properties that have been the subject of a foreclosure sale where title is transferred to the mortgagee as well as any properties transferred to the mortgagee under a deed in lieu of foreclosure or by any other legal means.

K. Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property remains registrable property.

L. Failure of the mortgagee and/or property owner of record to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the city of Harvey.

M. If any property is in violation of this chapter, the city of Harvey may take the necessary action to ensure compliance with and/or place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance. (Ord. 3381 §1(D), 2019)

8-32-027 Inspection and registration of real property that is not subject to a mortgage in foreclosure.

A. Any owner of vacant property located within the city shall, within ten (10) days after the property becomes vacant, register the real property with the city registry.

B. Initial registration pursuant to this section shall contain at a minimum the name of the owner, the mailing address of the owner, email address, and telephone number of the owner, and if applicable, the name and telephone number of the property manager and said person’s address, email address, and telephone number.

C. At the time of initial registration each registrant shall pay a nonrefundable semi-annual registration fee for each vacant property. Subsequent semi-annual registrations of vacant properties and fees are due within ten (10) days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to vacant properties, and (3) for any related purposes as may be adopted in the policy set forth in this chapter. Said fees shall be deposited to a special account in the city’s department dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this chapter.

D. Each individual property on the registry that has been registered for twelve (12) months or more prior to the effective date shall have thirty (30) days to renew the registration and pay the nonrefundable semi-annual registration fee. Properties registered less than twelve (12) months prior to the effective date shall renew the registration every six (6) months from the expiration of the original registration renewal date and shall pay the nonrefundable semi-annual registration fee.

E. If the property is sold or transferred, the new owner is subject to all the terms of this chapter. Within ten (10) days of the transfer, the new owner shall register the vacant property or update the existing registration. The previous owner(s) will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner’s involvement with the vacant property.

F. If the vacant property is not registered, or either the registration fee or the semi-annual registration fee is not paid within thirty (30) days of when the registration or semi-annual registration is required pursuant to this section, a late fee equivalent to ten (10) percent of the semi-annual registration fee shall be charged for every thirty (30) day period, or portion thereof, the property is not registered and shall be due and payable with the registration. This section shall apply to the initial registration and registrations required by subsequent owners of the vacant property.

G. Properties subject to this section shall remain subject to the semi-annual registration requirement, and the inspection, security, and maintenance standards of this section as long as the property is vacant.

H. Failure of the owner to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the city.

I. If any property is in violation of this chapter, the city may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.

J. Properties registered as a result of this section are not required to be registered again pursuant to the foreclosure mortgage property section or rental property section. (Ord. 3381 §1(E), 2019)

8-32-028 Registration of rental property.

A. Every owner or landlord of rental property shall, prior to permitting occupancy thereof by any person (or within sixty (60) days of the enactment of the ordinance codified in this chapter), register the property with the code enforcement department, or its designee, on forms or other manner as directed. A separate registration is required for each rental property. Registration shall be required annually becoming due on the anniversary date of the initial obligation to register.

B. Registration pursuant to this section shall contain the name(s), direct mailing address, a direct contact name, telephone number, and email address for the owner and/or landlord, and, if the owner and/or landlord does not reside within fifty (50) miles of the rental property, the name and twenty-four (24) hour contact phone number for the property manager. The registration shall also identify the name(s), direct mailing address, a direct contact name, telephone number, and email address for all persons authorized by the owner and/or landlord to occupy the rental property.

C. At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee per property. Subsequent annual registrations as required by this section are due within ten (10) days of the expiration of the previous registration. Said fees shall be used to offset the costs of: (1) registration and registration enforcement, (2) code enforcement and mitigation related to rental properties, and (3) for any related purposes as may be adopted in the policy set forth in this section. Said fees shall be deposited to a special account in the city of Harvey’s department dedicated to the cost of implementation and enforcement of this chapter and fulfilling the purpose and intent of this chapter.

D. Any person or other legal entity that has registered a property under this section must report any change of information contained in the registration within ten (10) days of the change.

E. If the rental property is sold, the new owner or landlord is subject to all the terms of this section. If the new owner does not immediately occupy the property, the new owner shall register the rental property or update the existing registration within ten (10) days of the sale. If the new owner does not intend to offer the property for rent and the property is not immediately occupied, the property is subject to vacant property registration for as long as the property meets the requirements of this section. Any and all previous unpaid fees, fines, and penalties at the time initial registration and/or renewal registrations were required are subject to enforcement per this chapter. The previous owner or landlord will not be released from the responsibility of paying all previous unpaid fees, fines, and penalties accrued during that owner’s and/or landlord’s involvement with the rental property. The provisions of this section are cumulative with and in addition to other available remedies. Moreover, the city of Harvey is authorized and empowered to collect on the previous owner’s and/or landlord’s nonpayment of previous fees, fines, and penalties in any lawful manner.

F. If the rental property is not registered, or either the registration fee or the renewal fee is not paid within thirty (30) days of when the registration or renewal is required pursuant to this section, a late fee equivalent to ten (10) percent of the registration fee shall be charged for every thirty (30) day period, or portion thereof, the property is not registered and shall be due and payable with the registration. This section shall apply to the initial registration and registrations required by subsequent owners and/or landlords of rental property. Registrations delinquent greater than thirty (30) days are also subject to additional fines as described herein.

G. Failure of the owner or landlord of record to properly register or to modify the registration to reflect a change of circumstances as required by this chapter is a violation of this chapter and shall be subject to enforcement by any of the enforcement means available to the city of Harvey.

H. In registering a rental property, the form will indicate that submission grants the city of Harvey the authority to issue trespass warnings to individuals who cannot demonstrate written authorization to be on the rental property, including any common areas related to the rental property. The landlord or owner can opt out of or revoke the city of Harvey’s authority to issue a trespass warning by notifying the city of Harvey on the registration form or in writing, directed to the sheriff, code enforcement, the city council or special magistrate.

I. If any property is in violation of this chapter the city of Harvey may take the necessary action to ensure compliance with and place a lien on the property for the cost of the outstanding obligation and any additional cost incurred to bring the property into compliance.

J. Registration of a rental property does not alleviate the owner and/or landlord from obtaining all required licenses, permits and inspections required by applicable code or Illinois Statutes. (Ord. 3381 §1(F), 2019)

8-32-029 Maintenance requirements.

A. Properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspaper 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.

B. Properties shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

C. Front, side, and rear yards, including landscaping, shall be maintained in accordance with the applicable code(s) at the time registration is required.

D. Registrable yard maintenance shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod. Acceptable maintenance of yards and/or landscape shall not include weeds, gravel, broken concrete, asphalt or similar material.

E. Maintenance shall include, but not be limited to, watering, irrigation, cutting and mowing of required ground cover or landscape and removal of all trimmings.

F. Pools and spas shall be maintained so the water remains free and clear of pollutants and debris and shall comply with the regulations set forth in the applicable code(s).

G. Failure of the mortgagee, owner, and transferees to properly maintain the property as required by this chapter may result in a violation of the applicable code(s) and issuance of a citation or notice of violation in accordance with the applicable code of the city of Harvey. Pursuant to a finding and determination by the city of Harvey sheriff, magistrate or a court of competent jurisdiction, the city of Harvey may take the necessary action to ensure compliance with this section.

H. In addition to the above, the property is required to be maintained in accordance with the applicable code(s) of the city of Harvey. (Ord. 3381 §1(G), 2019)

8-32-030 Further restrictions.

Nothing contained in this chapter shall be construed as limiting those requirements of federal or state laws, nor shall this conflict with any other provisions of the city municipal code which regulate more strictly any of the subjects in this chapter. (Ord. 2403 § 1 (part), 1985)

8-32-040 Security requirements.

A. Properties subject to this chapter shall be maintained in a secure manner so as not to be accessible to unauthorized persons, animals, birds or insects.

B. A “secure manner” shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a person or animal to access the interior of the property or structure. Broken windows, doors, gates, and other openings of such size that may allow a person or animal to access the interior of the property or structure must be repaired. Broken windows shall be secured by reglazing of the window. Until such repairs and any required reglazings are completed, all broken windows, doors and other openings of such size shall be boarded up in the manner described below. The board-up of buildings described in this section shall be done using polycarbonate clear boarding materials that are fully transparent so as to allow clear sight into and out of the building. Such materials shall be affixed to the building so as to eliminate any access to the building and the exposure of the internal structure to exterior elements. The use of plywood is expressly prohibited; provided, that it may be used in case of emergency where an immediate board-up is required to protect the health, safety and welfare of the public until such time as it can be replaced by polycarbonate transparent materials, but in no event for longer than seven (7) days.

C. If a property is registrable, and the property has become vacant or blighted, a property manager shall be designated by the mortgagee or owner to perform the work necessary to bring the property into compliance with the applicable code(s), and the property manager must perform regular inspections to verify compliance with the requirements of this chapter, and any other applicable laws.

D. In addition to the above, the property is required to be secured in accordance with other applicable code(s) of the city of Harvey.

E. When a property subject to this chapter becomes vacant, it shall be posted with the name and twenty-four (24) hour contact telephone number of the property manager. The property manager shall be available to be contacted by the city of Harvey Monday through Friday between nine a.m. and five p.m., legal holidays excepted. The sign shall be placed in a window facing the street and shall be visible from the street. The posting shall be no less than eighteen (18) inches by twenty-four (24) inches and shall be of a font that is legible from a distance of forty-five (45) feet. The posting shall contain the following language with supporting information:

THIS PROPERTY IS MANAGED BY _____ AND IS INSPECTED ON A REGULAR BASIS. THE PROPERTY MANAGER CAN BE CONTACTED BY TELEPHONE AT ______ OR BY EMAIL AT _______.

F. The posting required in subsection E of this section shall be placed on the interior of a window facing the street to the front of the property so that it is visible from the street, or secured to the exterior of the building/structure facing the street to the front of the property so that it is visible from the street, or, if no such area exists, on a stake of sufficient size to support the posting in a location that is at all times visible from the street to the front of the property but not readily accessible to vandals. Exterior posting shall be constructed of and printed with weather-resistant materials.

G. Failure of the mortgagee and/or property owner of record to properly inspect and secure a property subject to this chapter, and post and maintain the signage noted in this section, is a violation and shall be subject to enforcement by any of the enforcement means available to the city of Harvey. The city may take the necessary action to ensure compliance with this section and recover costs and expenses in support thereof. (Ord. 3432 § 1, 2021; Ord. 3381 §1(H), 2019)

8-32-045 Vacant buildings.

A. A vacant building, including adjoining yard areas, shall be maintained free of debris, garbage, graffiti, litter, portable toilets, rodents, and standing water.

B. A vacant building shall be kept secure from unauthorized entry of persons by any effective methods.

C. All owners of buildings that have been vacant more than sixty (60) days must register with the city’s planning department. The requirement applies to a building whether it is open (e.g., has broken windows) or secure. The registration must list the name and address of the building’s owner(s). The registration form must also include the name of the person who will serve as a contact in case of an emergency and as an agent for service of process and other notices. (Ord. 3212 § 1 (part), 2008)

8-32-050 Notice of nuisance.

It shall be the duty of the director of planning and development or his designated representative to investigate any nuisance as defined in this chapter and to serve notices to the owners or occupants of the property on which said nuisance exists to have said nuisance removed within twenty-four (24) hours from the time the notice of said nuisance has been given. (Ord. 2403 § 1 (part), 1985)

8-32-060 Abatement of nuisance by city.

Whenever an owner or occupant of property where any nuisance as described in this chapter shall occur fails to abate such nuisance as mentioned in this chapter within twenty-four (24) hours after notification, the director of planning and development or his designated representative may have same abated. (Ord. 2403 § 1 (part), 1985)

8-32-070 Billing for removal expense.

Whenever the city abates any nuisance occurring on said property of owner or occupant, the city shall levy a fee for such expense, which shall be a charge against the owner so failing, and which may be recovered in an appropriate action of law. (Ord. 2403 § 1 (part), 1985)

8-32-080 Lien for removal expense.

In addition to all other remedies provided by law, the city may place a lien on the parcel of record where said nuisance exists. Such lien shall be superior to all other liens or encumbrances, except tax liens and except that such lien shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate exist prior to the filing of such notice. (Ord. 2403 § 1 (part), 1985)

8-32-090 Notice of liens.

The city shall file a notice of lien in the office of the Recorder of Deeds of Cook County within sixty (60) days after such expense has been incurred, which notice shall consist of:

A. A description of the real estate sufficient for the identification thereof;

B. The amount of money representing the cost or expense incurred by the city; and

C. The date or dates when such cost and expense was incurred by the city. (Ord. 2403 § 1 (part), 1985)

8-32-100 Release of lien.

Upon payment of the cost and expense by the owner of, or persons interested in, said real estate, after the notice of lien has been filed, the city shall issue a release of such lien, filed on record in said recorder’s office. (Ord. 2403 § 1 (part), 1985)

8-32-110 Price guidelines for city board-ups and vacant building registration.

A. Any board-up which is commenced at the request of the city and for which city funds will be expended is subject to the price guidelines of this section. The maximum price paid by the city for any such board-up shall be as follows:

Openings
48 x 48 or less	$30.00 per opening
Larger than 48 x 48 but less than 96 x 48	$35.00 per opening
Larger than 96 x 48 but less than 96 x 96	$65.00 per opening
Doors	$35.00 per door
Garage
Single stall	$150.00
Double stall	$250.00
Debris removal	$150.00 per load
Basic lawn cut	$65.00 for 25 ft. x 125 ft. lot $100.00 for 50 ft. x 125 ft. lot depending on the size and removal of additional landscaping

B. If a property has been vacant for more than sixty (60) days, the owner must pay an annual registration fee that increases with the amount of time the building has been vacant, as detailed in the chart below:

Residential Properties
Vacant 1 year	$ 200.00
Vacant 2 years	$ 400.00
Vacant 3 years	$ 600.00
Vacant 4 years	$ 800.00
Vacant 5 or more years	$1,000.00

Nonresidential properties
Vacant 1 year	$1,000.00
Vacant 2 years	$2,000.00
Vacant 3 years	$3,000.00
Vacant 4 years	$4,000.00
Vacant 5 or more years	$5,000.00

(Ord. 3212 § 1 (part), 2008: Ord. 2786 § 2 (part), 1992)

8-32-120 Notification of board-up.

No city department may request the board-up of any building or enclosure of any building without the prior approval of the director of planning and the chief administrative officer. In case of extreme emergency where an immediate board-up is required to protect the health, safety and welfare of the public, the planning director may approve a board-up pending review within twenty-four (24) hours by the chief administrative officer. (Ord. 2786 § 2 (part), 1992)

8-32-130 Violation—Penalty.

Before imposing a penalty for violations of this chapter the city shall provide written notice of such violation to the owner of record of the affected property. Except for nuisances addressed in Sections 8-32-050 through 8-32-070 of this code, the city shall allow fourteen (14) days after notice issued in which the owner of a building may legally and without penalty remedy such violations. If such violations continue after such fourteen (14) day period, the violator shall be fined in the amount of five hundred dollars ($500.00). A separate violation shall be deemed to have been committed each day thereafter on which such a violation occurs or continues. (Ord. 3432 § 2, 2021; Ord. 2403 § 1 (part), 1985)

8-32-140 Provisions supplemental.

The provisions of this chapter are cumulative with and in addition to other available remedies. Nothing contained in this chapter shall prohibit the city of Harvey from collecting on fees, fines, and penalties in any lawful manner; or enforcing its codes by any other means, including, but not limited to, injunction, abatement, or as otherwise provided by law or ordinance. (Ord. 3381 §1(I), 2019)

8-32-150 Additional authority.

A. If the enforcement officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety, and welfare, the code enforcement officer may temporarily secure the property at the expense of the landlord, mortgagee or owner, and may bring the violations before the code enforcement city council or special magistrate as soon as possible to address the conditions of the property. Nothing herein shall limit the city of Harvey from abating any nuisance or unsafe condition by any other legal means available to it.

B. The sheriff, code enforcement, city council or special magistrate shall have the authority to require the landlord, mortgagee or owner affected by this section to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.

C. If there is a finding that the condition of the property is posing a serious threat to the public health, safety, and welfare, then the sheriff, code enforcement, city council or special magistrate may direct the city of Harvey to abate the violations and charge the landlord, mortgagee or owner with the cost of the abatement.

D. In registering a property as required by this chapter, and in order to abate part of the harm caused by properties that pose a serious threat to the public health, safety, and welfare of the city, the sheriff, code enforcement, city council or special magistrate is granted the authority to issue a trespass warning to individuals on the properties, including any common areas related to the rental properties, unless they can demonstrate authority in writing to be on the property. The landlord, mortgagee, and/or owner can opt out of or revoke the city’s authority to issue a trespass warning by notifying the city on the registration form or in writing, directed to the sheriff, code enforcement, city council or special magistrate.

E. If the mortgagee or owner does not reimburse the city of Harvey for the cost of temporarily securing the property, or of any abatement directed by the sheriff, code enforcement officer, code enforcement, city council or special magistrate, within thirty (30) days of the city of Harvey sending the landlord, mortgagee or owner the invoice then the city of Harvey may lien the property with such cost, along with an administrative fee as determined in the city of Harvey’s fee ordinance to recover the administrative personnel services in accordance with applicable Illinois laws and local ordinances. In addition to filing a lien the city of Harvey may pursue financial penalties against the landlord, mortgagee or owner.

F. The city of Harvey may contract with an entity to implement this chapter, and, if so, any reference to the enforcement officer herein shall include the entity the city of Harvey contracts with for that purpose. (Ord. 3381 §1(K), 2019)

8-32-160 Opposing, obstructing enforcement officer—Penalty.

Whoever opposes, obstructs or resists any enforcement officer or any person authorized by the enforcement office in the discharge of duties as provided in this chapter shall be punishable as provided in the applicable code(s) or a court of competent jurisdiction. (Ord. 3381 §1(L), 2019)

8-32-170 Immunity of enforcement officer.

Any enforcement officer or any person authorized by the city of Harvey to enforce the sections here within shall be immune from prosecution, civil or criminal, for reasonable, good faith entry upon real property while in the discharge of duties imposed by this chapter. (Ord. 3381 §1(M), 2019)

8-32-180 Registration fees.

The following registration semi-annual fees are hereby established:

Foreclosure Registration	$300.00 per foreclosure
Vacant Property Registration	$300.00 per vacant property
Rental Property Registration	$130.00 per rental unit

(Ord. 3381 §1(N), 2019)