Section 381.202  Abandoned Residential Property

Abandoned Residential Property shall mean residential real estate that:

a)         Either:

1)         Is not occupied by any mortgagor or lawful occupant as a principal residence; or

2)         Contains an incomplete structure if the real estate is zoned for residential development, when the structure is empty or otherwise uninhabited and is in need of maintenance, repair or securing; and

b)         With respect to which, either:

1)         Two or more of the following conditions are shown to exist:

A)        Construction was initiated on the property and was discontinued prior to completion, leaving a building unsuitable for occupancy, and no construction has taken place in 6 months;

B)        Multiple windows on the property are boarded up, closed off or smashed through, broken off or unhinged, or multiple window panes are broken and unrepaired;

C)        Doors on the property are smashed through, broken off, unhinged or continuously unlocked;

D)        The property has been stripped of copper or other materials, or interior fixtures to the property have been removed;

E)        Gas, electrical or water services to the entire property have been terminated;

F)         One or more written statements of the mortgagor or the mortgagor's personal representative or assigns, including documents of conveyance, indicate a clear intent to abandon the property;

G)        Law enforcement officials have received at least one report of trespassing or vandalism or other illegal acts being committed at the property in the last 6 months;

H)        The property has been declared unfit for occupancy and ordered to remain vacant and unoccupied under an order issued by a municipal or county authority or a court of competent jurisdiction;

I)         The local police, fire or code enforcement authority has requested the owner or other interested or authorized party to secure or winterize the property due to the local authority declaring the property to be an imminent danger to the health, safety and welfare of the public;

J)         The property is open and unprotected and in reasonable danger of significant damage due to exposure to the elements, vandalism or freezing; or

K)        Other evidence indicates a clear intent to abandon the property; or

2)         The real estate is zoned for residential development and is a vacant lot that is in need of maintenance, repair and securing.

(Source:  Amended at 38 Ill. Reg. 6678, effective March 10, 2014)