Bellevue — Ch. 8 Buildings, Housing, and Construction § 8-146

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Boarded building means a building which has had affixed, in a manner intended to be temporary or permanent, to windows or doors which were present for the purpose of light, ventilation or egress, some material, whether opaque, solid or transparent, from the interior or exterior of the building, for the purpose of securing or preventing access or damage to the building or its components.
Building means a structure occupied or intended for supporting or sheltering any occupancy.
Dangerous building means a building, defined as a dangerous building in the village building code, which is deemed a public nuisance.
Enforcing officer means the officer designated by the president and approved by the board of trustees that is charged with the responsibility of enforcing this article.
Owner means any person, agent, operator, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county, or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
Premises means a lot, plot, or parcel of land including any structure thereon.
Public nuisance includes the following: (1)
Physical condition or uses of any building that are regarded as a public nuisances at common law, state statute, or this Code.
(2) Physical condition, use or occupancy or any building or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures;
(3) A building which has unsanitary sewerage or plumbing facilities;
(4) A building designated by the enforcing officer as unsafe for human habitation or use;
(5) A building which is manifestly capable of being a fire hazard or manifestly unsafe or insecure as to endanger life, limb or property;
(6) A building which is unsanitary or which is littered with rubbish or garbage or which has an uncontrolled growth of weeds;
(7) A building that is dangerous; in a state of dilapidation, deterioration or decay; faulty construction; open or vacant and the doors, windows, or other openings are boarded up or secured by any means other than conventional methods used in the design of the building or permitted for new construction of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or
(8) A building defined as a dangerous building in this section or under state law.
Unoccupied building means 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 enforcing officer pursuant to authority granted to the enforcing officer by this article. In determining whether a building is unoccupied within the meaning provided by this definition, the enforcing officer may consider the following factors, among others: (1)
Whether the building is one at which substantially all lawful residential or business activity has ceased.
(2) The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied and unoccupied units shall be considered.
(3) Whether the building is substantially devoid of contents (and the condition and value of fixtures or personal property in the building are relevant to this determination).
(4) Whether the building lacks utility services, i.e., water, sewer, electric or natural gas.
(5) Whether the building is the subject of a foreclosure action.
(6) Whether the building is not actively for sale as part of a contractual agreement to sell the building, the building lacks for sale, for rent or similar signage.
(7) The presence or recurrence of uncorrected code violations.
Vacant building. (1)
The term "vacant building" means a building or portion of a building which is:
a. Unoccupied and unsecured;
b. Unoccupied and secured by boarding or other similar means;
c. Unoccupied and a dangerous structure;
d. Unoccupied and condemned by the enforcing officer pursuant to applicable provisions of this article;
e. Unoccupied and has code violations;
f. Unoccupied and the building or its premises has been the site of unlawful activity within the previous six months;
g. Condemned by the enforcing officer and unlawfully occupied;
h. Unoccupied for over 180 days and during which time the enforcing officer has issued an order to correct public nuisance conditions and the same have not been corrected in a code compliant manner;
i. Unoccupied for over two years;
j. An abandoned residential property, defined in 65 ILCS 5/11-20-15.1 as a residential dwelling unit that has been unoccupied by any lawful occupant for at least 90 days and for which after such 90-day period the village has made good faith efforts to contact the legal owner of the property or, if known, the agent of the owner, and no contact has been made.
(2) The term "vacant building" does not include 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.