(A)   The City of LaSalle through its City Council has the authority to adopt ordinances and to promote rules and regulations that pertain to its government and affairs, and protect public health, safety and welfare of its citizens; and

   (B)   The City of LaSalle additionally has police power and the powers of a home rule municipality within the State of Illinois; and

   (C)   Pursuant to law including but not limited to ILCS Ch. 65, Act 5, § 11-60-2, the City of LaSalle has the authority to define, prevent and abate nuisances; and

   (D)   Vacant buildings have caused significant problems for the city including but not limited to flooding caused by frozen pipes during cold weather, posing property maintenance issues, and those buildings not properly maintained presenting code violations, and/or becoming dilapidated and unsafe; and

   (E)   It is an intent of this chapter to protect the public health, safety, and welfare by establishing a registration process for vacant buildings, and is also in furtherance of preventing and/or abating public nuisance, to prevent deterioration, unsightly blight and consequent adverse impact on the value of nearby property, and to further have owners of vacant buildings abide by other appropriate responsibilities pursuant to regulation as provided herein; and

   (F)   It is the intent that this ordinance should be liberally construed in order to justly carry out and effectuate the intent and purposes of this ordinance; and

   (G)   The City Council of the City of LaSalle has determined that it is in the best interests of the city and its citizens and further an appropriate exercise of the city’s municipal powers, including, but not being limited to, those set forth above in reference to the police power, home rule power, power to promote and protect the public health, safety and welfare, and the power to define, prevent and abate nuisances that this chapter establishing further regulations of vacant buildings be enacted; and

   (H)   This chapter establishing further regulation of vacant buildings shall be designated as Division 154 within Title XV of the Land Usage Provisions of the City of LaSalle Code of Ordinances.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   This chapter shall not be construed to prevent the enforcement of other laws, codes, ordinances and regulations which prescribe standards other than are provided herein, and in the event of conflict, the most restrictive shall apply; additionally all remedies provided to the city herein shall be in addition to and not to the exclusion of any and all other remedies allowable at law and/or in equity.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   OWNER.  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, the executor or administrator of the estate of such person if ordered to take possession of real property by a court and/or otherwise pursuant to law, and any mortgagee of the premises in possession and/or control of the premises.

      (1)   The physical condition, or use of any premises regarded as a public nuisance by common law, under the Illinois Compiled Statues, or under the City of LaSalle Code of Ordinances, including in that regard, but not limited to, Chapter 91 of the City of LaSalle Code of Ordinances regarding nuisances and the other provisions contained within Chapter 150 of the Building Regulations Chapter of the City of LaSalle Code of Ordinances; or

      (2)   Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures; or

      (3)   Any building which has unsanitary sewage or plumbing facilities; or

      (4)   Any building designated by the building inspector as unsafe for human habitation or use; or

      (5)   Any building which constitutes a fire hazard, or is unsafe or insecure to a degree that endangers life, limb or property; or

      (6)   Any premises which is unsanitary or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds; or

      (7)   Any building that is: dangerous; in a state of dilapidation; deterioration or decay.

      (1)   VACANT BUILDING means any building, which is:

         (a)   An open building, as defined in this chapter.

         (b)   A secured building, as defined in this chapter.

         (c)   Any building which is unoccupied for over 90 days and during which time the Building Inspector has issued a notice to correct 3 or more code violations including, but not limited to, alleged violations of Chapter 150 of the City of LaSalle Code of Ordinances (Building Regulations) and/or violations of City Ordinances regarding nuisances including, but not limited to, Chapter 91 of the City of LaSalle Code of Ordinances.

      (2)   VACANT BUILDINGS shall not include unoccupied buildings which are undergoing construction, renovation or rehabilitation and which are in compliance with all applicable city ordinances, codes and regulations and for which construction, renovation or rehabilitation is proceeding diligently to completion. If construction has halted and the building permit has expired then the owner will be required to register as a vacant building.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   (A)   Evaluation. The Building Inspector may evaluate buildings in the city as to whether a building meets the definition of a vacant building and based on vacancy factors, make a declaration of a vacant building. The declaration shall be in writing and shall state the factual basis. Additionally, in the event any public nuisance as defined herein exists in connection with the building or premises, then the Building Inspector may additionally specify in the notice the existence of such nuisance(s).

   (B)   Notice. Within 7 days of making a declaration, the Building Inspector shall send notice of the declaration with the factual findings to the owner. The notice of declaration shall be sent by certified mail, return receipt requested, or by personal substitute service, and posted on a conspicuous location on the building. Proof of mailing shall be prima facie evidence of receipt of the notice. 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 vacant building registration application, and a notice of the owner’s right to appeal the Building Inspector’s decision.

   (C)   An owner of a building determined by the Building Inspector to be a vacant building as provided for in this section may appeal the declaration to the Building Code Committee of the City Council of the City of LaSalle (hereinafter “Building Code Committee”). Such appeal shall be in writing and shall be filed with the City Clerk within 21 days of the date of mailing of the notice of declaration. The filing of an appeal stays the owners obligation to register the building. The appeal shall contain a complete statement of the reasons the owner disputes the declaration, shall set forth specific facts in support thereof, and shall include all evidence the owner relies upon to support the appeal. The City Clerk shall set the matter for hearing before the Building Code Committee and provide at least 15 days written notice to the owner of the date of said hearing.

   (D)   Grounds for appeal. An appeal of the declaration of vacant building shall be based solely on whether the building is deemed to be a vacant building.

   (E)   Decision. The Building Code Committee shall decide the appeal after a hearing. The City Clerk shall send written notice of the decision to the owner within 15 days after the hearing. Any party may appeal the decision of the Building Code Committee to the Circuit Court of LaSalle County within 35 days of the decision pursuant to appropriate provisions of proceedings governing administrative review under the Illinois Compiled Statutes.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   (A)   Except as provided in division (B) of this section, whenever any building in the city is vacant as defined within this chapter or declared vacant by the city’s Building Inspector as provided within this chapter, then the owner of such building shall, within 10 days of the occurrence of the first of the aforementioned events to occur, register such building as a vacant building and submit a vacant building plan; also provided that no registration shall be required prior to November 1, 2010 in regard to original Ordinance Number 2246; provided further that in regard to the amendments provided herein, no additional registration other than that required in Ordinance Number 2246 is required prior to May 1, 2014 which is the effective date of the amendatory ordinance codified herein, Ordinance Number 2479.

   (B)   The Building Inspector shall have the discretion to determine that a building which meets any of the criteria set forth in the definition of vacant building as provided herein is not to be regulated under this chapter for a stated period if upon consideration of reliable, substantiated and sufficient evidence, the Building Inspector determines that the circumstances, which give rise to the building being eligible for regulation hereunder are clearly temporary in nature and are either in the process of being addressed or will soon be addressed by the owner and that therefore regulation of the building under this chapter would not serve the public health, welfare and safety and makes written findings in support of the Building Inspector’s decision. The determination shall be in writing and shall state the factual basis for the determination. Notice of said determination shall be provided in writing by the Building Inspector to the person designated by the County of LaSalle as receiving the real estate tax bill regarding said premises. The contents of said notice of said determination requiring registration shall include the following:

      (1)   The Street address of the building or a description sufficient for identification;

      (2)   A statement requiring the proper owner to register the building with the department to apply for the necessary permits within 10 days of the mailing of the notice, and to enclose the building in compliance with this chapter;

      (3)   A statement requiring the property owner and/or permit holder to call the department prior to completion of the enclosure in order to schedule an inspection;

      (4)   A statement whereby the owner or his or her designated agent shall be responsible for maintaining the property free of any brush, dead or dying trees, stumps, roots or solid waste material; and that the grass and weeds shall not exceed 6 inches in height;

      (5)   A copy of this chapter pertaining to registered buildings; and

      (6)   If a violation of the LaSalle City Code of Ordinances is alleged in connection with the building or premises thereto, the violations shall be specified in the notice.

   (C)   The owner or responsible party shall apply for vacant building registration within 10 days of the mailing of the notice.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   The owner of a vacant building as defined herein in registering the vacant building as provided herein shall supply the following information in writing, with the applicable registration fee:

   (A)   The name, address and telephone number of owner;

   (B)   If the owner resides outside of LaSalle County, Illinois, the owner must provide the name, address and telephone number of an authorized agent. The authorized agent shall be a natural person, 18 years of age or older, who resides in LaSalle County, Illinois, and who has the authority to receive all notices of code violations and service of process of court or administrative enforcement proceedings on behalf of the owner;

   (C)   The name, address and telephone number of all persons with any legal interest in the property, building and premises;

   (D)   Legal description and tax parcel identification number of the premises on which the building is situated;

   (E)   The common address of the building;

   (F)   Date on which the building became vacant; and

   (G)   Vacant building plan.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   (A)   A vacant building plan shall contain the following information:

      (1)   A plan of action to maintain the building and premises thereof in conformance with this chapter;

      (2)   For buildings and premises thereof which are identified as being or containing a violation of this chapter, a plan of action to remedy such violations;

      (3)   A time schedule identifying a date of commencement of repair and date of completion of repair for each violation of this chapter; and

      (4)   If the owner proposes to demolish the vacant building, then the owner shall submit a plan and time schedule for such demolition.

   (B)   The owner shall arrange for a re-inspection of the structure by the department upon each date of completion listed in the vacant building plan.

(Ord. 2479, passed 3-11-2014)

   The Building Inspector or his or her designee shall have the discretion to approve the proposed vacant building plan. If the Building Inspector or his or her designee approves the plan, notice shall be sent to the owner or agent of the vacant building.

(Ord. 2479, passed 3-11-2014)

   Building Inspector shall upon notice to the vacant building owner or agent, have the right to modify the vacant building plan by altering the dates of performance or the proposed methods of action. If the owner or agent of the vacant building objects to the modifications, such owner shall have the right to appeal the decision of the Building Inspector to the Fire Chief of the City of LaSalle (hereinafter “Fire Chief). The Fire Chief shall conduct an appropriate hearing following appropriate notice and after considering the testimony of the Building Inspector, the Building owner, and/or any other interested party, shall have the authority to fashion his or her own vacant building plan or approve the plan submitted by the owner or the modified plan of the Building Inspector. The decision of the Fire Chief shall be in writing and shall be provided within 15 days subsequent to said hearing. Any party shall have the right to appeal the decision of the Fire Chief to the Building Code Committee of the City of LaSalle by filing written notice of intention to do so within 30 days of receipt of the determination of the Fire Chief. The Building Code Committee shall conduct an appropriate hearing and after considering all evidence deemed appropriate within the discretion of the Building Code Committee presented at said hearing, the Building Code Committee shall issue a written decision within 15 days subsequent to the hearing. Any decision of the Building Code Committee may be appealed within 35 days thereafter to the Circuit Court of LaSalle County pursuant to the pertinent provisions regarding administrative review proceedings under the Illinois Compiled Statutes.

(Ord. 2479, passed 3-11-2014)

   In considering the appropriateness of a vacant building plan, the reviewing authority shall consider the following:

   (A)   The purpose of this division and intent of the City Council to minimize the period of time a building is boarded up or otherwise vacant;

   (B)   The effect of the proposed plan on adjoining property;

   (C)   The general economic conditions of the community;

   (D)   The financial condition of the owner;

   (E)   The cost to implement the proposed plan;

   (F)   The length of time the building has been vacant;

   (G)   The presence of any public nuisances on the property; and

   (H)   The relative hardship on or gain to the public as contrasted and compared to the hardship or gain of the owner resulting from approval or modification of the proposed plan.

(Ord. 2479, passed 3-11-2014)

   Failure to comply with the approved plan shall constitute a violation of this code subjecting the owner of the building to the penalties as provided in this chapter of the City Code.

(Ord. 2479, passed 3-11-2014)

   All open buildings, as defined in this chapter, shall be enclosed by the owner. The enclosure shall comply with the provisions within the City Property Maintenance Code, §§ 150.05et seq., and with the following requirements.

   (A)   All windows shall be secured and all doors covered with a wire mesh, securely attached to the frame work of either the doors or windows so as to restrict or prohibit access to the premises. This method shall be done in a way to create an appearance of occupancy to premises and reduce neighborhood blight. The wire mesh shall be as provided and defined within § 154.03, herein.

   (B)   All other exterior openings allowing entry of fowl or animals shall be covered from the exterior with wire mesh. This method shall be done in a way to create an appearance of occupancy to premises and reduce neighborhood blight. The wire mesh shall be as provided and defined within § 154.03, herein.

   (C)   Water and gas service to the building shall be disconnected. Electrical service to the building shall be disconnected at the pole, transformer, or distribution can.

   (D)   All garbage, rubbish and solid waste shall be removed from the interior and exterior of the property.

   (E)   All mantraps existing within the building shall be covered or repaired.

   (F)   The storage of materials is limited to standards set forth by the Fire Chief and by the ordinances of the city.

   (G)   The property owner and/or permit holder shall call the Building Inspector prior to completion of enclosure in order to schedule a compliance inspection.

(Ord. 2479, passed 3-11-2014)

   (A)   If the owner of the building fails to comply with the notice to enclose within 10 days after the date of mailing of the notice, the Building Inspector may file a complaint in the circuit court requesting the enclosure of the building by the owner. If the owner fails to comply with an order from the court, the city may cause the structure to be enclosed in compliance with the City Code.

   (B)   Any open structure which poses an immediate health hazard shall be enclosed within 24 hours. In the event the structure is not enclosed within 24 hours, the department may enclose or cause the enclosure of the structure. Should the open structure be in a location or condition so as to be an emergency, the department may enclose or cause the enclosure of the structure without delay without first issuing any notice.

   (C)   The cost of enclosure by the city shall constitute a lien on the property where the building is located. The lien shall consist of a sworn statement setting out a description, the amount of money representing the cost and expense incurred, and the date or dates when the cost and expense was incurred by the city. Upon payment of the costs and expense by the owner or other persons interested in the property after the notice of lien has been filed, the lien shall be released and the release may be filed by the owner or other person interested in the property. The lien may be enforced by proceedings to foreclose as in cases of mortgages or mechanic’s liens.

   (D)   If the city corrects the violation itself or causes the violation to be corrected on its behalf, the owner of the property shall nevertheless be subject to a fine for the code violation as provided for in this chapter in addition to a lien being placed on the owner’s property. In addition, the city may also obtain a personal judgment against the owner of the property for the costs of correcting the violation.

(Ord. 2479, passed 3-11-2014)

   No person shall enclose any building without first obtaining an enclosure permit from the Department of the Building Inspector, pursuant to this division of the City Code of Ordinances.

(Ord. 2479, passed 3-11-2014)

   (A)   Expiration. A building permit for enclosure shall provide that the permittee start the enclosure within 3 days from the date of issuance and complete enclosure within 10 days from the date of issuance.

   (B)   Extension. Extensions shall be subject to a special inspection to determine if reasonable progress is being made.

   (C)   Approval. All applications for enclosure permits and renewals or extensions of enclosure permits are subject to approval by the department.

   (D)   Fee. The fee for a registration permit for the enclosure of a building shall be $50.

(Ord. 2479, passed 3-11-2014)

   (A)   The initial registration fee for each building shall be $300 for a building consisting of less than 20,000 square feet and $600 for a building consisting of more than 20,000 square feet. The registration fee thereafter shall be $500 for a building consisting of less than 20,000 square feet and $1,000 for a building consisting of more than 20,000 square feet. The initial and any subsequent registration shall be valid for a period of 3 months. The registration fee is due at the time of the application for the registration permit. If at the end of any registration period, the building official determines that the building does not meet the criteria set forth in § 154.03, the owner will not be required to register the building. If the owner notifies the building official that the building no longer meets the criteria set forth in § 154.03, and the Building Official concurs, the owner shall be reimbursed an amount equal to the number of months remaining in the registration period.

   (B)   Before any building is registered or reregistered, a joint inspection shall be conducted by the department and any other city department deemed necessary by the Building Official to determine whether any violations of this code exist. If an owner or occupant of the building refuses to allow an inspection or re-inspection to be conducted, an administrative search warrant may be requested from the circuit court pursuant to the provisions stated in § 152.10.

   (C)   Once a building has been registered, the owner shall obtain a certificate of occupancy in the manner set forth in Chapter 155 prior to any occupancy of the registered building.

   (D)   After a building has been registered, or required to be registered by the department, for a period of three years, no further registration shall be permitted and the owner shall be required to either obtain permits sufficient to obtain a certificate of occupancy or demolish the building. At such time, the department shall undertake a comprehensive inspection of the building for determining whether the building should be deemed an unsafe or dangerous building as defined in § 150.21. Any owner who does not obtain such permit or permits within 60 days of the end of the said three-year period shall be subject to a fine of not less than $750. A separate offense shall be deemed committed on each day during or on which a violation of this section occurs or continues.

   (E)   Each building that has been registered under this chapter shall be listed on the city’s website, which listing shall include the address of the building and the name of the record owner of the property on which the building is located.

   (F)   The fees provided for herein shall be effective for the fiscal year commencing May 1, 2014 to be initially applicable during that fiscal year and thereafter unless otherwise amended.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   An owner shall notify the Building Inspector within 21 days of any change in the registration information by filing an amended registration statement on an application provided by the Building Inspector. A new registration is required for any change in ownership whatsoever. 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 city in reference to the building and/or the premises on which the building is located. Failure to notify the Building Inspector of any change in the registration information as provided herein within said 21 day period shall constitute a violation of this chapter.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   (A)   An owner of any vacant building shall enclose and secure the building and maintain the building in a secure and closed condition until the building is no longer a “vacant building” as defined herein. A building shall be deemed secured and closed if the building is maintained pursuant to the minimum standards as set forth in the Building Regulations Codes of the City of LaSalle as more particularly set forth both herein and within Chapter 150 of the City of LaSalle Code of Ordinances.

   (B)   Additionally, the owner of any vacant building shall also:

      (1)   Keep the premises on which a building is located clean, safe and sanitary, maintained free of weeds, trash, junk, debris, junk cars, and litter;

      (2)   Keep the property maintained free of graffiti, tagging, or similar markings;

      (3)   Keep pools and spas in working order so that the water is not stagnant and remains clear and free of pollutants, debris and insects, or drained and kept dry; and

      (4)   Post on the front door of the building in a conspicuous manner an emergency contact name and telephone number for use by the police, paramedics, fire department or other emergency responders.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   The Building Inspector in consultation with the Mayor, Chief of Police and Superintendent of Public Works may jointly issue lawful, usual and customary rules and regulations for the administration of this chapter. These rules may designate materials and methods to assist in the registration process and may additionally designate materials and methods to be used to secure a building.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)

   (A)   The city shall send a notice to the owner by certified mail, return receipt requested, or by personal or substitute service, for the failure to complete a vacant building registration application, register the vacant building, and/or pay the registration fee for a vacant building. Each shall constitute a separate violation. Proof of mailing of said notice shall be primia facie evidence of receipt of the notice. The owner shall have twenty-one days in which to complete a vacant building registration application, register the vacant building and/or pay the registration fee for a vacant building as set forth in the notice; if the violation is not resolved within 21 days, the fine amount shall be the amount of the registration fee due and owing plus not less than $100 and not more than $750 for each violation; additionally, in the event that the city is required to perform a search to ascertain the owner, the owner is responsible to reimburse the city for said costs. Further, an owner who fails to re-register the vacant building and/or pay the renewal registration fee as provided herein shall be subject to the same penalties as set forth above in connection with an owner who originally fails to complete a vacant building registration application, register the vacant building and/or pay the registration fee for a vacant building.

   (B)   If the owner of any building fails to comply with the notice to register within 10 days after the date of mailing of the notice, the Building Inspector may in addition to the other remedies provided herein file a complaint in the Circuit Court requesting the registration of the building by the owner and further requesting compliance with this chapter, amongst other relief.

   (C)   Additionally, any person who violates any other provision of this chapter shall be fined not less than $60 and not more than $750 for each offense, and each day that a violation occurs shall constitute a new and additional offense in violation of this chapter. Further, again, the remedies as provided herein are in addition to all other legal and/or equitable remedies available to the city. Such other remedies include, but are not limited to, injunctive relief, application to a court of competent jurisdiction for receiver, demolition, or condemnation, contracting for the repair or purchase of the premises, or foreclosure of any lien that the city may have thereon. Each day that a violation of this chapter shall be permitted to continue shall constitute a separate offense in violation.

(Ord. 2246, passed 10-4-2010; Am. Ord. 2479, passed 3-11-2014)