Gilberts — Title 9 Ch. 6 Art. B Vacant Buildings or Property § 9-6B-5

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 hereof, or the owner of a building which the building official determines at any time to be a "vacant building", or the owner of a building whose appeal from the building official's determination has been denied by the village administrator shall take the actions provided in this section within 15 days after either the date of the building official's notice of determination or occurrence of the facts which 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 code. A.
Registration Required; Fee; Renewals; Changes to Information .
1. Register the building with the building official, on a form provided by the building official, and pay the annual nonprorated vacant building registration fee as provided in section 2-4-2-3 of this code. The form shall 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 names, street addresses, and telephone numbers of all persons with any legal interest in the building or the premises. The form shall require the owner to identify a natural person 21 years of age or older who maintains a permanent address in Kane County, Illinois, to accept service on behalf of the owner with respect to any notices the building official sends pursuant to this article or service of process in any proceeding commenced to enforce any provision of this article, and file with the building official, on the registration form, the name, address, and telephone number of said person. A street address is required. A post office box is not an acceptable address;
2. 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 annual fee as provided in section 2-4-2-3 of this code; and
3. 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.
B. Notices and Inspections .
1. The form shall 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 the building official the information required regarding the person designated to accept notice and service of process.
2. The owner shall allow for a code compliance inspection of the interior of the vacant building and shall pay therefor a fee as provided in section 2-4-2-3 of this code within 30 days of the inspection. Such inspection will determine the extent of compliance with Village property, Building, Health, Fire, Water and Sewer Codes. The Village shall send the inspection report to the owner within 30 days.
C. Insurance . Obtain liability insurance and maintain such insurance for as long as the building is vacant and file evidence of such insurance with the building official, 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; $2,000,000.00 for a vacant manufacturing, industrial, storage, or nonresidential commercial building.
D. Vacant Building Plan . At the time a building is registered as required herein, the owner shall submit a vacant building plan. The building official may prescribe a form for the plan. If the owner fails to submit the plan as provided by this article, the building official may determine the plan. The plan shall contain the following as a minimum:
1. 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 shall 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 boards removed. Boarding shall be accomplished with materials and methods described by the building official and available from the building official. The owner shall 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, the building official may waive the requirement of an enclosure.
2. For buildings and premises thereof which are determined by the building official as being or containing "public nuisances", as defined in section 9-6B-2 of this article, then the vacant building plan shall contain a plan of action to remedy such public nuisance(s).
3. 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 the building official.
4. When the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.
5. A plan of action to maintain the building and premises thereof in conformance with this article.
6. 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 shall 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 the building official, 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.
7. All premises upon which unoccupied or vacant buildings are located and the exteriors shall at all times be maintained in compliance with this code.
8. Exterior lighting according to standards established by the building official and available from the building official.
E. Security Guard Service . On written notice of the building official, 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 to remain in place until the building official gives written notice that the service is no longer required. Such service shall be required when the building official makes a written determination that the vacant building constitutes a fire hazard, is otherwise dangerous to human life or the public welfare, or 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.
F. Signage . Affixed to any building which is boarded, no smaller than two feet by two feet and compliant with the Village sign regulations ordinance, on file with the Village, and providing the following information: the name, address, and telephone number of the owner, and in addition, for buildings which 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 way.