Chapter 15.100
VACANT PROPERTY REGISTRY
Sections:
15.100.040 Code violations – Liability.
15.100.050 Owner required to act – Enforcement authority.
15.100.080 Inspections – Notice to owner.
15.100.090 Violation – Village action.
15.100.010 Application.
This chapter shall apply to all vacant lots and buildings and premises thereof in the village of Riverdale now existing or hereafter becoming vacant. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.020 Intent.
It is the intent of this chapter to protect the public health, safety, and welfare by establishing a registration process for vacant lots and buildings and requiring responsible parties to remedy any public nuisance, prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property for such buildings. In the event that any provision of this chapter conflicts with 65 ILCS 5/11-31-1 with respect to demolition, repair, enclosure or remediation of dangerous and unsafe buildings or uncompleted and abandoned buildings, 65 ILCS 5/11-31-1 et seq., or any other law of the state of Illinois, it is the intent of this chapter that said state law take precedence over this chapter to the extent of a conflict between the two. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.030 Definitions.
“Building” means any structure enclosed by walls and a roof and intended for supporting or sheltering any occupancy.
“Lot” means a portion of platted land measured, set apart, and subdivided as a distinct parcel and created and delineated upon a plat of subdivision or resubdivision and so recorded by the recorder of deeds of Cook County, Illinois, which does not contain a building.
“Industrial/commercial property” means property located within the village of Riverdale having a zoning classification of B-1, B-2, B-3, B-4, I-1 and I-2 under the Riverdale zoning ordinance.
“Property” means lot and/or building.
“Residential property” means property located within the village of Riverdale having a zoning classification of CR, R-1, R-2, R-3 and R-4 under the Riverdale zoning ordinance.
“Vacant” means a lot or building which is lacking habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business operations or residential occupancy has ceased, or which is substantially devoid of content. In determining whether a lot or building is vacant, it is relevant to consider, among other factors: (1) the percentage of the overall square footage of the building or floor to the occupied space (if any) (2) the condition and value of any items on the lot or in the building and the presence of rental or for sale signs on the property; (3) the property lacks utility service; (4) the property has been subject to a foreclosure action; (5) the presence of code violations; and (6) the real estate taxes on the property are delinquent. Notwithstanding the foregoing, residential property shall not be deemed vacant if it has been used as a residence by a person entitled to possession for a period of at least three months within the previous nine months and a person entitled to possession intends to resume residing at the property; and further provided, that multifamily residential property containing five or more dwelling units are unoccupied. Industrial/commercial property is presumed vacant, subject to rebuttal, where business operations are conducted daily on less than ten percent of the overall square footage of the building or floor space. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.040 Code violations – Liability.
A. Owners’, Managers’ and Occupants’ Liability. Unless otherwise specifically provided, the owner, his or her agent for the purpose of managing, controlling or collecting rents, and any other person managing or controlling a lot, building or premises in any part of which there is a violation of the provisions of this code, shall be liable for any violation therein, existing or occurring, or which may have existed or occurred, at or during any time when such person is or was the person owning or managing, controlling, or acting as agent in regard to said lots, buildings or premises and is subject to injunctions, abatement orders or other remedial orders. Wherever used in said provisions of this code, the “owner” shall include any person entitled under any agreement or required by operation of law to the control or direction of the management or disposition of the lot, building or premises or of any part of the lot, building or premises where the violation in question occurs, including, but not limited to, the trustee of a bankruptcy estate, liquidator on behalf of creditors or debtor in possession.
B. Land Trustee Liability. The liabilities and obligations hereunder imposed on an owner shall attach to a trustee under a land trust, holding title to such lot, building, structure or premises without the right of possession, management or control, unless said trustee in a proceeding under said provisions of this code discloses in a verified pleading or in an affidavit filed with the court, the name and last known address of each person who was a beneficiary of the trust at the time of the alleged violation and of each person, if any, who was then acting as agent for the purpose of managing, controlling or collecting rents, as the same may appear on the records of the trust.
C. Mortgagee Liability. The liabilities and obligations imposed on an owner shall attach to any mortgage company or any other person with or without an interest in the lot, building or premises who knowingly takes any action in any judicial or administrative proceeding that is intended to delay issuance or enforcement of any remedy for any violation of the building code then in existence or this chapter; provided, that with respect to fines such person shall be liable only for fines which accrue on or after the date of such action; and further provided, that no liability shall be imposed under this section for any action taken in any proceeding, including a proceeding to foreclose on a lien, that does not delay or prevent the prosecution of any action brought by the village to enforce the building code or this chapter.
D. Joint Liability. It is the intention of this chapter to impose liability on all persons, companies, corporations, partnerships and other entities that have the right or ability to allow the property to be in violation of this code or that have the right or ability to cause the property to be maintained or repaired so that it does not violate this code in order to obtain the maximum benefit to the community, and accordingly, any and all persons, companies, corporations, partnerships and other entities that may have the right or ability to control operations, management, repairs, maintenance or any other aspect of physical improvements of the property and any structures thereon shall be jointly and severally liable for any and all violations of this code, whether or not each such person or entity actively participated or materially participated in the act or omission leading to the existence of the code violation. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.050 Owner required to act – Enforcement authority.
A. Registration.
1. Registration Required – Fees.
a. Initial Registration. The owner of any lot or building that has become vacant shall within thirty days after the lot or building becomes vacant, or within thirty days after the effective date hereof, whichever is later, file a registration statement for each such lot or building with the village clerk on forms provided by the clerk for such purposes.
b. Renewal Registration. The initial registration shall be valid until September 30th. The owner shall be required to renew the registration on or before October 1st as long as the lot or building remains vacant. In the event that an initial registration is filed between August 1st and September 30th and the owner of the property has not been cited for noncompliance with this chapter, the initial registration period shall run from the date of the filing to September 30th of the following year. An annual registration fee is required as follows:
i. Twenty-five dollars for each registered lot;
ii. One hundred dollars for each registered single-family dwelling located on residential property;
iii. Four hundred dollars for each registered multifamily dwelling unit located on residential property;
iv. Five hundred dollars for each registered building less than ten thousand square feet in size located on industrial/commercial property;
v. One thousand one hundred dollars for each registered building greater than ten thousand square feet and less than twenty thousand square feet in size located on industrial/commercial property;
vi. One thousand five hundred dollars for each registered building greater than twenty thousand square feet and less than forty thousand square feet in size located on industrial/commercial property;
vii. Two thousand dollars for each registered building greater than forty thousand square feet in size located on industrial/commercial property;
viii. All eleemosynary, religious, education, government and benevolent property is exempt from the payment of the annual registration fee, but shall otherwise comply with the requirements of this code;
ix. All payments made pursuant to this section shall be delivered to the village clerk.
c. The owner shall notify the village clerk, within twenty days, of any change in the registration information by filing an amended registration statement on a form provided by the clerk for such purposes. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the village against the owner or owners of the lot or building.
2. Contents of Registration. In addition to other information required by the village clerk, the registration statement shall include the name, street address and telephone number of a natural person twenty-one years of age or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process, in any court proceeding or administrative enforcement proceeding, on behalf of such owner or owners in connection with the enforcement of this code. This person must maintain an office in Cook County, Illinois, or must actually reside within Cook County, Illinois. An owner who is a natural person and who meets the requirements of this subsection as to location of residence or office may designate himself or herself as agent. By designating an authorized agent under the provisions of this subsection the owner thereby consents to receive any and all notices of code violations concerning the registered lot or building and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered lot or building through service of the notice or process on the designated authorized agent. Any owner who has designated an authorized agent under the provisions of this subsection shall be deemed to consent to the continuation of the agent’s designation for the purposes of this subsection until the owner notifies the building department of a change of authorized agent or until the owner files a new annual registration statement. Any owner who fails to register a vacant lot or building under the provisions of this subsection shall further be deemed to consent to receive, by posting at the building, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
B. Vacant Building – Duties of Owner. The owner of any building that has become vacant, and any person maintaining, operating or collecting rent for any building that has become vacant, shall ensure the building remains safe and secure and does not present a hazard to the adjoining properties or the public. The owner shall perform the following acts:
1. Secure the building;
2. Post a sign affixed to the building indicating the name, address and telephone number of the owner and the owner’s authorized agent for the purpose of service of process. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer; and
3. Maintain the building in a secure and closed condition and maintain the sign until the building is again occupied or until repair or completion of the building has been undertaken.
C. Vacant Lot – Duties of Owner. The owner of any lot that has become vacant, and any person maintaining any lot that has become vacant, shall ensure the lot remains safe and does not present a hazard to the adjoining properties or the public. The owner shall perform the following acts:
1. Garbage and solid waste shall not be permitted to accumulate on the lot;
2. Junked materials, construction equipment, or construction materials will not be stored on the lot;
3. Grass and weeds on the lot shall not be permitted to grow beyond a height of eight inches;
4. A noncombustible screen fence shall be installed surrounding the lot, in accordance with the requirements of Chapter 15.52 RMC. A “fence” shall be defined as in RMC 15.52.010. A “screen fence” is a fence so constructed that at least fifty percent of the superficial area thereof consists of regularly distributed apertures. Any fence not constructed entirely of noncombustible materials shall be classed as a combustible fence. The required fence shall be maintained in a safe condition without tears, breaks, rust, splinters, or dangerous protuberances and in a manner that does not endanger or threaten to endanger vehicular traffic by obstructing the view of drivers. Any fence which is not maintained in accordance with these provisions is hereby declared to be a public nuisance and shall be removed pursuant to the provisions of this chapter. It shall be the duty of the owner of any lot whose fence has been so removed to replace such fence with a noncombustible screen fence meeting the requirements of this section and of this code.
D. Insurance Required – Amount.
1. The owner of any lot or building that has become vacant shall, within thirty days, acquire or otherwise maintain comprehensive general liability insurance. The comprehensive liability insurance shall cover any damage to any person or any property caused by any physical condition of or in the lot or building and shall name the village as an additional insured by endorsement.
2. Any insurance policy acquired after the lot or building has become vacant shall provide for written notice to the village clerk within thirty days of any lapse, cancellation or change in coverage. The owner and the owner’s authorized agent for service of process shall provide evidence of the insurance, upon request, to the village clerk or his or her designee.
3. The amount of the insurance shall be:
a. Not less than one million dollars for each lot and single-family dwelling unit located on residential property;
b. Not less than two million dollars for each multifamily dwelling unit located on residential property;
c. Not less than one million dollars for each building less than ten thousand square feet located on industrial/commercial property;
d. Not less than two million dollars for each building greater than twenty thousand square feet and less than forty thousand square feet in size located on industrial/commercial property;
e. Not less than three million dollars for each building greater than forty thousand square feet and less than one hundred thousand square feet in size located on industrial/commercial property; and
f. Not less than five million dollars for each building greater than one hundred thousand square feet in size located on industrial/commercial property. (Ord. 2021-24 § 4, 2021; Ord. 2012-01 § 2, 2012; Ord. 2008-02 §§ 1, 2, 2008; Ord. 2005-05, 2005)
15.100.060 Administration.
The director of building and zoning may issue rules and regulations for the administration of this section. These rules may designate board-up materials and methods which must be used when securing a building so that the boarding is reasonably incapable of being removed by trespassers or others acting without the building owner’s consent. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.070 Penalty.
A. Any person who violates any provision of this chapter or of the rules and regulations issued hereunder shall be fined:
1. Not less than one hundred dollars and not more than five hundred dollars for each violation found to exist at each lot or single-family dwelling located on residential property;
2. Not less than two hundred fifty dollars and not more than seven hundred fifty dollars for each violation found to exist at each multifamily dwelling located on residential property;
3. Not less than five hundred dollars and not more than one thousand dollars for each violation found to exist at each building less than ten thousand square feet in size located on industrial/commercial property;
4. Not less than one thousand dollars and not more than three thousand dollars for each violation found to exist at each building greater than ten thousand square feet and less than one hundred thousand square feet in size located on industrial/commercial property; and
5. Not less than three thousand dollars and not more than five thousand dollars for each violation found to exist at each building greater than one hundred thousand square feet in size located on industrial/commercial property.
B. Every day that a violation continues shall constitute a separate and distinct violation. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.080 Inspections – Notice to owner.
A. If at any time after making an inspection of the property the director of building and zoning or his or her designee determines that the lot or building is vacant and open, the director of building and zoning or his or her designee shall notify the owner that the lot or building requires remedial action. In relation to buildings, the director of building and zoning may notify the owner that the building must be enclosed, or substantial action must be taken to demolish the building, within thirty days after the date of the notice. The notice shall state that if the owner fails to take such actions within the thirty-day period the owner will be required to post a surety bond or other financial security or insurance as provided in this section.
B. If, at the expiration of the thirty-day period, the director of building and zoning or his or her designee determines that the noticed actions have not been performed, or that substantial action has not been undertaken to secure or demolish the building, the director of building and zoning or his or her designee shall order the owner to post with the village and continuously maintain a surety bond or other financial security or insurance, in an amount equal to the estimated demolition costs, and in a form and duration approved by the director of building and zoning or his or her designee.
C. The director of building and zoning or his or her designee shall also order the owner to post and maintain such security if such action to demolish the building has not been completed within a reasonable time. A written statement by the director of building and zoning or his or her designee setting forth the basis for his or her determination shall accompany the order. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.090 Violation – Village action.
A. Village May Secure Building. Upon failure of an owner to comply with such actions as identified in RMC 15.100.080, the director of building and zoning, with the concurrence of the village attorney, may seek a court order authorizing the director of building and zoning or his or her designee to take such actions in accordance with the established rules and regulations.
B. Enforcement by Lien.
1. The amount of any fine issued under RMC 15.100.070, the cost of vacating and enclosing, or removal and demolition by the village, and the cost of bringing the abatement proceedings under this section, including inspector and attorney fees, shall be recoverable from the owner or owners and shall be a lien on the lot or the property upon which the building or structure is or was located and shall also be enforceable against any person against whom the order issues as provided by law. Any lien recorded hereunder shall bear interest at fifteen percent per annum from and after the date of recording. The village attorney, upon a showing of good cause, may waive any lien created under this section.
2. The lien for the costs of vacating and enclosing, or removal and demolition shall be a first lien upon the real estate and the rents and all prior existing liens and encumbrances, except taxes, and shall be enforced pursuant to applicable law. The village shall issue no license relating to the property subject to such lien until the lien is satisfied or upon a showing of good cause, the lien is waived by the village attorney. Nothing in this section shall prevent the village from seeking other remedies for code violations through the use of any other administrative procedure or court proceedings, including the imposition of fines.
C. Judicial Sale.
1. The property against which any lien is allowed, recorded or created hereunder may be sold through a judicial sale in the same manner as is provided for by law for the enforcement through sale of real property of civil judgments generally as set forth in 735 ILCS 5/12-101 et seq.
2. In such a sale, the village has the right, but not the obligation, to enter a bid in any amount up to and including the full amount of its lien or liens.
D. Deficiency. If the judicial sale shall result in a final bid of less than the amount of the village’s lien or liens, the village shall have the power to seek a deficiency judgment against the owner in an action brought in civil court.
E. Voluntary Assignment. The village attorney shall have the discretion to execute a full release of any lien or deficiency following a judicial sale in the event the property owner voluntarily assigns or forfeits full and clear title to the property to the village. Any property assigned or forfeited to the village under this section may be disposed of as authorized by the village. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)
15.100.100 Existing remedies.
This chapter does not abrogate or waive any statutory or common law cause of action, administrative remedy, or defense otherwise available to the village and existing before the effective date of this chapter. (Ord. 2012-01 § 2, 2012; Ord. 2005-05, 2005)