Franklin Park — Title 8 Ch. 7 Vacant Properties § 8-7-3

For the purpose of this chapter, and the interpretation and application thereof, the following terms, phrases, words and their derivations shall have the meanings given herein, unless the context in which they are used shall indicate otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the singular number include the plural number and words in the plural number include the singular number. Words or phrases not defined shall be given their common and ordinary meaning unless the context clearly indicates or requires a different meaning.
Building: Any structure occupied or intended for supporting or sheltering any occupancy or activity.
Building official: The lead building official, as designated by the "director", as herein defined, for purposes of this chapter.
Director: The director of the department of community development, or his or her designee.
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 village as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court; or any such entity maintaining, operating or collecting rent for any building. Nothing contained in this definition should be construed to include a federal government mortgagee as an owner.
Person: A corporation, a partnership, or other entity as well as an individual.
Premises: A lot, plot or parcel of land including any structure thereon.
Public nuisance: Shall mean and includes the following: (1)
The physical condition, or uses of any building regarded as a public nuisance at common law, under the Illinois Compiled Statutes, or under this code;
(2) Any physical condition, use or occupancy or any building or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, pools, shafts, basements, excavations, and unsafe fences or structures;
(3) Any building which has unsanitary sewerage or plumbing facilities;
(4) Any building designated by the village as unsafe for human habitation or use;
(5) Any building which is manifestly capable of being a fire hazard, or manifestly unsafe or insecure as to endanger life, limb or property;
(6) Any building which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth of weeds;
(7) Any building that is dangerous, in a state of dilapidation, deterioration or decay; faulty construction; open or vacant doors or windows, or other openings are boarded up or secured, by any means other than conventional methods used in design of the building or permitted for new construction of similar type; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and dangerous to anyone on or near the premises; or
(8) Any building defined or determined as dangerous or unsafe by any section of this code, as may from time to time be supplemented and amended.
Vacant building : A building or portion thereof which lacks the habitual presence of human beings who have a legal right to be on the premises, or at which substantially all lawful business or construction operations or residential occupancy has ceased or which is substantially devoid of content, including buildings ordered vacated by the village pursuant to authority granted by this code, state law or a court of competent jurisdiction. In determining whether a building is "vacant", the building official may consider these factors, among others: (1)
A building at which substantially all lawful residential or business activity has ceased, or the building is unoccupied and secured by boarding, or other similar means, or is unoccupied and unsecured;
(2) The percentage of the overall square footage of occupied to unoccupied space or the overall number of occupied or unoccupied units shall be considered;
(3) The building is substantially devoid of contents. The condition and value of fixtures or personal property in the building are relevant to this determination;
(4) The building lacks utility services, i.e., water, sewer, electric or natural gas;
(5) The building is the subject of a foreclosure action;
(6) The building is not actively for sale as part of a contractual agreement to sell the building, the building lacks "for sale", "for rent" or similar signage;
(7) The building is unoccupied and the presence or recurrence of uncorrected code violations exist;
(8) The building is unoccupied and has been the site of unlawful activity within the previous six (6) months;
(9) The building is unlawfully occupied; or
(10) The building is unoccupied and during such time the village has issued an order to correct a public nuisance condition and said has not been corrected in a code compliant manner.
But not including:
Vacant buildings which are undergoing construction, renovation, or rehabilitation and which are in compliance with all applicable ordinances, codes, legislation and regulations, and for which construction, renovation or rehabilitation is proceeding diligently to completion.
Village : The village of Franklin Park, Cook County, Illinois.
Village Code : The village code of the village of Franklin Park.