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1 | AN ACT concerning property.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the Vacant | ||||||||||||||||||||||||
5 | Building in Foreclosure Responsibility Act. | ||||||||||||||||||||||||
6 | Section 5. Definitions. As used in this Act: | ||||||||||||||||||||||||
7 | "Department" means the Department of Financial and | ||||||||||||||||||||||||
8 | Professional Regulation.
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9 | "Owner" means any person who alone, jointly or severally | ||||||||||||||||||||||||
10 | with others: (i) has legal title to any real estate with or | ||||||||||||||||||||||||
11 | without accompanying actual possession of the real estate; or | ||||||||||||||||||||||||
12 | (ii) is a mortgagee who holds a mortgage on the real estate, or | ||||||||||||||||||||||||
13 | is an assignee or agent of the mortgagee.
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14 | "Real estate" has the meaning ascribed to that term in | ||||||||||||||||||||||||
15 | Section 15-1213 of the Code of Civil Procedure. | ||||||||||||||||||||||||
16 | "Vacant building" means a structure located on real estate | ||||||||||||||||||||||||
17 | which is lacking habitual presence of human beings who have a | ||||||||||||||||||||||||
18 | legal right to be on the premises, or at which substantially | ||||||||||||||||||||||||
19 | all lawful business, construction operations, or residential | ||||||||||||||||||||||||
20 | occupancy has ceased, or which is substantially devoid of | ||||||||||||||||||||||||
21 | content. In determining whether a building is vacant, it is | ||||||||||||||||||||||||
22 | relevant to consider, among other factors, the percentage of | ||||||||||||||||||||||||
23 | the overall square footage of the building or floor to the |
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1 | occupied space, the condition and value of any items in the | ||||||
2 | building and the presence of rental or for sale signs on the | ||||||
3 | property; provided that a residential property shall not be | ||||||
4 | deemed vacant if it has been used as a residence by a person | ||||||
5 | entitled to possession for a period of at least 3 months within | ||||||
6 | the previous 9 months and a person entitled to possession | ||||||
7 | intends to resume residing at the property; and further | ||||||
8 | provided that multi-family residential property containing 10 | ||||||
9 | or more dwelling units shall be considered vacant when 90% | ||||||
10 | percent or more of the dwelling units are unoccupied.
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11 | Section 10. Vacant building in foreclosure; owner | ||||||
12 | registration statement. | ||||||
13 | (a) The owner of any vacant building located on real estate | ||||||
14 | that is the subject of a foreclosure proceeding shall, within | ||||||
15 | 30 days after the foreclosure proceeding commenced or within 30 | ||||||
16 | days after assuming ownership of a vacant building, whichever | ||||||
17 | is sooner, file a registration statement for that building with | ||||||
18 | the Department on forms provided by the Department for that | ||||||
19 | purpose. The registration shall remain valid for 6 months from | ||||||
20 | the date of registration. The owner is required to renew the | ||||||
21 | registration for successive 6-month periods as long as the | ||||||
22 | building remains vacant and shall pay a registration or renewal | ||||||
23 | fee in the amount prescribed in Section 20 for each registered | ||||||
24 | building; however, all eleemosynary, religious, educational, | ||||||
25 | benevolent, or charitable associations organized on a |
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1 | not-for-profit basis and all governmental agencies are exempt | ||||||
2 | from the payment of the registration fee.
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3 | (b) In addition to other information required by the | ||||||
4 | Department, the registration statement shall include the name, | ||||||
5 | street address, and telephone number of a natural person 21 | ||||||
6 | years of age or older who is designated by the owner as the | ||||||
7 | authorized agent for receiving notices of violations and for | ||||||
8 | receiving process, in any court proceeding or administrative | ||||||
9 | enforcement proceeding, on behalf of the owner in connection | ||||||
10 | with the enforcement of this Act. This person must maintain an | ||||||
11 | office in the county in which the property is located or must | ||||||
12 | actually reside within the county. An owner who is a natural | ||||||
13 | person and who meets the requirements of this subsection as to | ||||||
14 | location of residence or office may designate himself as agent. | ||||||
15 | By designating an authorized agent under the provisions of this | ||||||
16 | subsection, the owner is consenting to receive any and all | ||||||
17 | notices of violations concerning the registered building and | ||||||
18 | all process in any court proceeding or administrative | ||||||
19 | enforcement proceeding brought to enforce provisions | ||||||
20 | concerning the registered building by service of the notice or | ||||||
21 | process on the authorized agent. Any owner who has designated | ||||||
22 | an authorized agent under the provisions of this subsection | ||||||
23 | shall be deemed to consent to the continuation of the agent's | ||||||
24 | designation for the purposes of this Act until the owner | ||||||
25 | notifies the Department in writing of a change of authorized | ||||||
26 | agent or until the owner files a new registration statement.
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1 | (c) The owner shall notify the Department, within 20 days, | ||||||
2 | of any change in the registration information by filing an | ||||||
3 | amended registration statement on a form provided by the | ||||||
4 | Department for that purpose. The registration statement shall | ||||||
5 | be deemed prima facie proof of the statements therein contained | ||||||
6 | in any administrative or court proceeding against the owner of | ||||||
7 | the building instituted by the Department or by any | ||||||
8 | municipality or county in which the building is located.
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9 | (d) After filing a registration statement, the building | ||||||
10 | owner shall provide access to the Department or to the | ||||||
11 | applicable municipality or county to conduct an exterior and | ||||||
12 | interior inspection of the building to determine compliance | ||||||
13 | with this Act and the applicable municipal or county | ||||||
14 | ordinances, following reasonable notice, during the period | ||||||
15 | covered by the initial registration or any subsequent renewal.
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16 | (e) Any owner who fails to register a vacant building under | ||||||
17 | the provisions of this Section shall further be deemed to | ||||||
18 | consent to receive, by posting at the building, any and all | ||||||
19 | notices of any violation of this Act or of any violation of an | ||||||
20 | applicable municipal or county ordinance and all process in any | ||||||
21 | court proceeding or administrative proceeding brought to | ||||||
22 | enforce this Act or an applicable municipal or county ordinance | ||||||
23 | concerning the building.
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24 | Section 15. Registration and renewal fees. | ||||||
25 | (a) The registration fee for each registered vacant |
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1 | building is $250. | ||||||
2 | (b) The renewal fee for each registered vacant building is | ||||||
3 | $250. | ||||||
4 | Section 20. Vacant building access. After filing a | ||||||
5 | registration statement, the building owner shall provide, | ||||||
6 | following reasonable notice, access to: | ||||||
7 | (1) the Department to determine compliance with this Act; | ||||||
8 | and
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9 | (2) to the municipality or the county in which the property | ||||||
10 | is located to
conduct an exterior and interior inspection of | ||||||
11 | the building to determine
compliance with this Act or with the | ||||||
12 | applicable municipal or county ordinance during the period | ||||||
13 | covered by the initial registration or
any subsequent renewal.
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14 | Section 25. Minimum requirements for vacant buildings. In | ||||||
15 | addition to any other applicable municipal or county ordinance | ||||||
16 | requirements, each vacant building must be kept in compliance | ||||||
17 | with the following requirements for as long as the building | ||||||
18 | remains vacant: | ||||||
19 | (1) Real estate maintenance standards. The real estate the | ||||||
20 | building stands on and the surrounding public way shall be | ||||||
21 | maintained as follows:
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22 | (A) all grass and weeds on the premises including | ||||||
23 | abutting sidewalks, gutters, and alleys shall be kept below | ||||||
24 | 10 inches in height, and all dead or broken trees, tree |
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1 | limbs, or shrubbery shall be cut and removed from the
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2 | premises;
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3 | (B) junk, rubbish, waste, and any material that creates | ||||||
4 | a health, safety, or fire hazard shall not be permitted to | ||||||
5 | accumulate; | ||||||
6 | (C) no portion of the real estate nor any structure, | ||||||
7 | vehicle, receptacle, or object on the real estate shall be | ||||||
8 | maintained or operated in any manner that causes or | ||||||
9 | produces any health or safety hazard;
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10 | (D) the real estate shall be maintained so that water | ||||||
11 | does not accumulate or stand on the ground; and
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12 | (E) all fences and gates shall be maintained in sound | ||||||
13 | condition and in good repair.
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14 | (2) Exterior maintenance standards. The exterior of the | ||||||
15 | building shall be enclosed, secured, and maintained as follows:
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16 | (A) foundations, basements, cellars, and crawlspaces | ||||||
17 | shall be maintained in sound and watertight condition | ||||||
18 | adequate to support the building, and shall be protected | ||||||
19 | against the entry of rodents or other animals;
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20 | (B) exterior walls shall be free of holes, breaks, and | ||||||
21 | any other conditions which might admit rain or dampness to | ||||||
22 | the interior and shall be protected against the entry of | ||||||
23 | rodents or other animals;
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24 | (C) exterior windows and doors shall be maintained in | ||||||
25 | sound condition and good repair; | ||||||
26 | (D) the roof shall be adequately supported, and shall |
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1 | be maintained in weather-tight condition; the gutters, | ||||||
2 | downspouts, scuppers, and appropriate flashing shall be in | ||||||
3 | good repair and adequate to remove the water from the | ||||||
4 | building or structure;
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5 | (E) chimneys and flues shall be kept in sound, | ||||||
6 | functional, and weather-tight condition;
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7 | (F) every outside stair, porch, stoop, deck, veranda, | ||||||
8 | balcony, and walk shall be maintained in sound condition | ||||||
9 | for its purpose; and
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10 | (G) all exit areas shall have continuous exterior | ||||||
11 | lighting from dusk to dawn which may be provided by | ||||||
12 | battery-powered or solar-powered lighting.
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13 | (3) Interior maintenance standards. The interior of any | ||||||
14 | building shall be maintained as follows:
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15 | (A) it is prohibited to accumulate or permit the | ||||||
16 | accumulation of junk, trash, or any other materials in such | ||||||
17 | a manner that may produce any health, fire, or safety | ||||||
18 | hazard on the premises;
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19 | (B) every foundation, roof, floor, wall, stair, | ||||||
20 | ceiling, and any other structural support shall be safe and | ||||||
21 | capable of supporting the loads of normal use;
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22 | (C) any plumbing fixtures shall be maintained with no | ||||||
23 | leaking pipes; and all pipes for water shall be either | ||||||
24 | completely drained or heated to resist being frozen;
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25 | (D) every exit door shall be secured with an internal | ||||||
26 | deadbolt lock and be capable of being opened from the |
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1 | inside easily and without the use of a key or special | ||||||
2 | knowledge;
and | ||||||
3 | (E) every owner shall be responsible for the | ||||||
4 | extermination of insects, rodents, and other vermin in or | ||||||
5 | about the premises.
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6 | (4) Building security standards. The following standards | ||||||
7 | apply to the securing of vacant buildings:
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8 | (A) all building openings shall be closed and secured | ||||||
9 | using secure doors, glazed windows, or commercial-quality | ||||||
10 | steel security panels or filled with like-kind material as | ||||||
11 | the surrounding wall, as applicable, to prevent entry by | ||||||
12 | unauthorized persons;
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13 | (B) at least one building entrance shall be accessible | ||||||
14 | from the exterior and secured with a door that is locked to | ||||||
15 | allow access only to authorized persons; a minimum of 2 | ||||||
16 | exit doors shall be available to exit from the interior of | ||||||
17 | the building;
and | ||||||
18 | (C) if a building has been vacant for 6 months or | ||||||
19 | longer, or upon any renewal of the registration statement | ||||||
20 | required in Section 10, the building owner must implement | ||||||
21 | and provide proof satisfactory to the Department that the | ||||||
22 | building meets the standards stated in this Section.
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23 | Section 30. Rules. The Department may adopt rules for the | ||||||
24 | administration of this Act. |
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1 | Section 35. Penalties. Any person who violates any | ||||||
2 | provision of this Act or of the rules adopted pursuant to this | ||||||
3 | Act commits a petty offense punishable by a fine of not less | ||||||
4 | than $500 and not more than $1,000 for each offense. Every day | ||||||
5 | that a violation continues shall constitute a separate and | ||||||
6 | distinct offense.
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7 | Section 90. Home rule. A home rule unit may not regulate | ||||||
8 | vacant buildings in foreclosure in a manner less restrictive | ||||||
9 | than the regulation by the State of vacant buildings in | ||||||
10 | foreclosure under this Act. This Section is a limitation under | ||||||
11 | subsection (i) of Section 6 of Article VII of the Illinois | ||||||
12 | Constitution on the concurrent exercise by home rule units of | ||||||
13 | powers and functions exercised by the State.
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14 | Section 99. Effective date. This Act takes effect upon | ||||||
15 | becoming law.
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