Davis Junction — Ch. 26 Art. III Vacant Building and Property Regulations § 26-213

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 article after the effective date of this article or the owner of a building, which the Village of Davis Junction Trustee determines at any time to be a "vacant building", or the owner of a building whose appeal from the Village of Davis Junction Trustee's determination has been denied by the board of trustees must take the actions provided for in this section within 15 days after either the date of the Village of Davis Junction Trustee's notice of determination or occurrence of the facts that would cause a reasonable person to believe that the building was a "vacant building", or denial of the appeal, whichever is applicable. Registration does not exonerate the owner from compliance with all applicable codes and ordinances, including this article, nor does it preclude any of the actions the village is authorized to take pursuant to this article or elsewhere in this chapter. (1)
Registration requirements.
a. Register the building with a Village of Davis Junction Trustee, on a form provided by a Village of Davis Junction Trustee and pay the $200.00 annual non-prorated vacant building registration fee. The form will 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 interest in the building or the premises. The form will require the owner to identify a natural person 21 years of age or older who maintains a permanent address in Ogle County, Illinois, to accept service on behalf of the owner with respect to any notices a Village of Davis Junction Trustee sends pursuant to this article or service of process in any proceeding commenced to enforce any provision of this article, and file with a Village of Davis Junction Trustee 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. 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 $200.00 annual fee; and
c. File an amended registration within 15 days of any change in the information contained in the annual registration. A new registration is required for any change in ownership whatsoever.
(2) Notice; inspection. The form will require the owner to indicate his or her "acceptance of notice by posting" consenting to service of notices sent or required to be sent, pursuant to this article, by posting on the building if the owner fails to renew the registration if required, or maintain as current with a Village of Davis Junction Trustee the information required regarding the person designated to accept notice and service of process.
The owner will allow for a code compliance inspection of the interior of the vacant building and must pay the $500.00 fee therefore within 30 days of the inspection. Such inspection will determine the extent of compliance with village property, building codes, health, fire, water and sewer codes. The village will send the inspection report to the owner within 30 days.
(3) Insurance. Obtain liability insurance and maintain such insurance for as long as the building is vacant, and file evidence of such insurance with a Village of Davis Junction Trustee, as follows: $500,000.00 for a vacant residential building of one to three units; $750,000.00 for a vacant residential building of four to 11 units; $1,000,000.00 for a vacant residential building of 12 to 48 units; $2,000,000.00 for a vacant residential building of more than 48 units; and $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 in this article, the owner must submit a written vacant building plan. A Village of Davis Junction Trustee may prescribe a form for the plan. If the owner fails to submit the plan as provided for by this article, a Village of Davis Junction Trustee may determine an appropriate plan for the vacant building. The plan will 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 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 will 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 must be accomplished with materials and methods approved by a Village of Davis Junction Trustee. The owner must 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, a Village of Davis Junction Trustee may waive the requirement of an enclosure.
b. For buildings and premises thereof which are determined by a Village of Davis Junction Trustee as being or containing public nuisances, as defined in section 26-210 of this article, then the vacant building plan will 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 a Village of Davis Junction Trustee.
d. When the owner proposes to demolish the vacant building, then the owner must submit a plan and time schedule for such demolition.
e. A plan of action to maintain the building and premises thereof in conformance with this article.
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 must include date(s) of commencement and completion of all actions required to achieve habitability. No plan which provides for compliance with this article or, which will not, as determined by a Village of Davis Junction Trustee, achieve such compliance, within six months, in the case of a vacant boarded building, and two years, in the case of a vacant, unboarded, and code compliant building will be approved.
g. All premises upon which unoccupied or vacant buildings are located and the exteriors must at all times be maintained in compliance with this article.
h. Exterior lighting according to standards established by a Village of Davis Junction Trustee.
(5) Security guard service. On written notice of a Village of Davis Junction Trustee, provide bonded, licensed, and insured security guard service at the building between the hours of 3:00 p.m. and 8:00 a.m. Such service must remain in place until a Village of Davis Junction Trustee gives written notice that the service is no longer required. Such service will be required when a Village of Davis Junction Trustee 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 boarding and securing the building are insufficient to prevent the actual or threatened harm.
(6) Signage. Affixed to any building which is boarded, no smaller than two feet by two feet and compliant with the village's sign regulations and providing the following information: The name, address, and telephone number of the owner, and in addition, for buildings that are the subject of a foreclosure action, the name, address, and telephone number of the plaintiff and the plaintiff's attorney, if any, in the foreclosure action. The sign must be placed so that its message is legible from the public right-of-way.
(7) Approval of plan.
a. Review building plan. A Village of Davis Junction Trustee will review the proposed vacant building plan in accordance with the standards below. A Village of Davis Junction Trustee will send notice to the owner of the vacant building of his determination.
b. Standards for plan approval. In considering the appropriateness of a vacant building plan, a Village of Davis Junction Trustee will include the following in his or her consideration and will make written findings as to each:
i. The purposes of this article and intent of the board of trustees to minimize the time a building is boarded or otherwise vacant.
ii. The effect of the building and the proposed plan on adjoining property.
iii. The length of time the building has been vacant.
iv. The presence of any public nuisances on the property.
v. The likelihood that the plan or portion(s) thereof will prevent or ameliorate the condition it is designed to address.
(8) Authority to modify plan, right of appeal. A Village of Davis Junction Trustee will, 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 article he or she deems necessary to protect the public health, safety, or welfare.
(9) Failure to comply with plan. Failure to have an approved plan within 30 days of filing the registration form or failure to comply with the approved plan will constitute a violation of this article subjecting the owner of the building to penalties as provided in this article and to any remedies the village may avail itself of as provided for herein and elsewhere in this article, including, but limited to, an action to compel correction of property maintenance violations.