HomeMy WebLinkAboutORDINANCES-2009-117-O-09Effective Date: December 31, 2009 11/13/2009
117-0-09
AN ORDINANCE
Amending Portions of Title 4, Chapter 20 of the City Code,
"Vacant Buildings"
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: That Section 4-20-4 of the Evanston City Code of
1979, as amended (the "City Code"), is hereby further amended to read
as follows:
• 4-20-4: DETERMINATION:
Within sixty (60) days after the effective date of this Chapter, the Director shall
evaluate all buildings in the city he believes to be unoccupied on the effective
date of this Chapter and make a determination for each as to whether the
building is a "vacant building" within the meaning of Section 4-20-3 of this
Chapter. The Director may determine that a building which meets any of the
criteria set forth in Section 4-20-3 of this Chapter is not to be regulated under this
Chapter for a stated period, if upon consideration of reliable, substantiated and
sufficient evidence, he or she determines that regulation of the building under this
Chapter 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. For buildings the Director
determines to be "vacant buildings", he or she shall, within seven (7) days of
making that determination, send notice of his or her written determination, with
the factual findings, to the last owner of record listed by the Cook County
Recorder of Deeds. 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 Chapter. The Director 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. The Director
shall maintain an affidavit of such mailing for each notice of determination sent.
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 City property, building codes, health, fire, water and
sewer codes. The owner shall pay the five hundred dollar ($500.00) inspection
•
117-0-09
fee to the city within thirty (30) days of the inspection. An unpaid fee shall be a
lien upon the premises.
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 4-20-6 of this Chapter, and a notice of the
owner's right to appeal the Director's determination.
SECTION 2: That Subsection 4-20-6-(A) of the City Code, is
hereby further amended to read as follows:
(A) Registration Requirements:
1. a. Register the building with the Director of community
development, on a form provided by the Director and pay the four
hundred dollar ($400.00) annual nonprorated vacant building
registration fee. 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 name, street address,
and telephone number of all persons with any legal interest in the
building or the premises. The form shall require the owner to
identify a natural person twenty-one (21) years of age or older who
maintains a permanent address in Cook County, Illinois, to accept
service on behalf of the owner with respect to any notices the
Director sends pursuant to this Chapter or service of process in any
proceeding commenced to enforce any provision of this Chapter,
and file with the Director 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. The form shall state that the owner, by affixing his or her
signature, is advised that the City will not issue real estate transfer
tax stamps without City inspectors having first conducted an interior
inspection for code compliance.
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 four hundred dollar ($400.00) annual
fee; and 0
3. File an amended registration within fifteen (15) days of any change
in the information contained in the annual registration. A new
registration is required for any change in ownership whatsoever. Is,
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SECTION 3: That Subsection 4-20-14-(A) of the City Code is
hereby further amended to read as follows:
(A) Any person found to have violated any provision of this Chapter shall be
subject to a minimum fine of two hundred fifty dollars ($250.00) per day
per violation to a maximum of one thousand dollars ($1,000.00) per day
per violation, in addition to any other legal 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 a receiver,
demolition, or condemnation, contracting for the repair or purchase of the
premises, or foreclosure of any lien the City may have thereon.
SECTION 4: That all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 5: That if any provision of this ordinance or application
thereof to any person or circumstance is held unconstitutional or otherwise
invalid, such invalidity shall not affect other provisions or applications of this
ordinance that can be given effect without the invalid application or provision, and
each invalid application of this ordinance is severable.
SECTION 6: That this ordinance shall be in full force and effect
from and after its passage, approval, and publication in the manner
provided by law.
Introducedhra� 2,fY1h.Pf 93 , 2009
Adopted: .�x-i 1tipQ� I �- , 2009
Approved:
40 , 2009
Eliz eth B. Tisdahl, Mayor
Attest: Approved as to form:
� 7
LRodney Gre e, ity Clerk �V. Grant array, City Attorney
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