Gilberts — Title 9 Ch. 6 Art. B Vacant Buildings or Property § 9-6B-3
Determination of vacant building
Operative Text
A. Evaluation of Buildings . Within 60 days after the effective date hereof, the building official shall evaluate all buildings in the village he believes to be unoccupied on the effective date hereof and make a determination for each as to whether the building is a "vacant building" within the meaning of section 9-6B-2 of this article. The building official may determine that a building which meets any of the criteria set forth in the definition of "vacant building" in section 9-6B-2 of this article is not to be regulated under this article for a stated period if, upon consideration of reliable, substantiated and sufficient evidence, he or she determines that regulation of the building under this article would not serve the public health, welfare, and safety and makes written findings in support of his decision. The determination shall be in writing and shall state the factual basis for the determination. B. Notice Requirements . 1. For buildings the building official determines to be "vacant buildings", he shall, within seven days of making that determination, send notice of his written determination with the factual findings to the last taxpayer of record listed on the most recent 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 article. 2. The building official 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. 3. The building official shall maintain an affidavit of such mailing for each notice of determination sent. 4. The notice shall specify a date and time on which the owner shall allow for a code compliance inspection of the interior of the vacant building to determine the extent of compliance with village property, building, health, fire, water and sewer codes. The owner shall pay the inspection fee as provided in section 2-4-2-3 of this code to the village within 30 days of the inspection. An unpaid fee shall be a lien upon the premises. 5. The notice 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 9-6B-5 of this article, and a notice of the owner's right to appeal the building official's determination.
Under Gilberts Title 9 Ch. 6 Art. B § 9-6B-3, the village's building official is authorized to evaluate unoccupied buildings, make written determinations about whether each qualifies as a 'vacant building,' and notify property owners of that status. Once a building is designated vacant, the owner receives formal written notice that includes the factual basis for the decision, a required inspection date, registration obligations, and appeal rights. The building official retains discretion to exempt certain buildings from regulation for a defined period if evidence shows that applying the article would not serve public health, welfare, or safety.
Plain English — not legal advice.
Property owners in Gilberts should be aware that under § 9-6B-3, the building official may classify a building as 'vacant' and send written notice to the last taxpayer of record via first-class mail — and failure of delivery does not excuse compliance. Upon receiving such a notice, compliant operators typically allow the required interior code-compliance inspection on the scheduled date and pay the associated inspection fee within 30 days, since unpaid fees become a lien on the property. Owners also generally review the registration requirements under § 9-6B-5 and take note of the appeal rights described in the notice if they believe the vacant-building designation is incorrect.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While § 9-6B-3 primarily governs the village's process for identifying and notifying owners of vacant buildings, tenants and neighbors may find it relevant because the provision requires the building official to assess whether unoccupied structures meet public health, welfare, and safety standards. If a building you occupy or live near has been flagged or improperly maintained, understanding this determination process can inform conversations with the village or local housing advocates. Tenant-rights organizations familiar with Gilberts municipal code can help clarify how a vacant-building designation under § 9-6B-3 might affect occupancy or habitability concerns.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 10, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API