97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5453

 

Introduced 2/15/2012, by Rep. Luis Arroyo

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Vacant Building in Foreclosure Responsibility Act. Provides that for real estate in foreclosure on which there is a vacant building, the person who has legal title to the real estate or is the mortgagee of the real estate is required to register the vacant building with the Department of Financial and Professional Regulation. Provides that the registration fee for a vacant building is $250; the registration must be renewed every 6 months and a renewal fee of $250 must be paid. Establishes requirements for the maintenance of a vacant building's interior, exterior, and grounds and for security. Provides for inspection by the Department or any applicable municipal or county enforcement entity. Provides for penalties, rules, limiting home rule powers, and other matters. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning property.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Vacant
5Building in Foreclosure Responsibility Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Department" means the Department of Financial and
8Professional Regulation.
9    "Owner" means any person who alone, jointly or severally
10with others: (i) has legal title to any real estate with or
11without accompanying actual possession of the real estate; or
12(ii) is a mortgagee who holds a mortgage on the real estate, or
13is an assignee or agent of the mortgagee.
14    "Real estate" has the meaning ascribed to that term in
15Section 15-1213 of the Code of Civil Procedure.
16    "Vacant building" means a structure located on real estate
17which is lacking habitual presence of human beings who have a
18legal right to be on the premises, or at which substantially
19all lawful business, construction operations, or residential
20occupancy has ceased, or which is substantially devoid of
21content. In determining whether a building is vacant, it is
22relevant to consider, among other factors, the percentage of
23the overall square footage of the building or floor to the

 

 

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1occupied space, the condition and value of any items in the
2building and the presence of rental or for sale signs on the
3property; provided that a residential property shall not be
4deemed vacant if it has been used as a residence by a person
5entitled to possession for a period of at least 3 months within
6the previous 9 months and a person entitled to possession
7intends to resume residing at the property; and further
8provided that multi-family residential property containing 10
9or more dwelling units shall be considered vacant when 90%
10percent or more of the dwelling units are unoccupied.
 
11    Section 10. Vacant building in foreclosure; owner
12registration statement.
13    (a) The owner of any vacant building located on real estate
14that is the subject of a foreclosure proceeding shall, within
1530 days after the foreclosure proceeding commenced or within 30
16days after assuming ownership of a vacant building, whichever
17is sooner, file a registration statement for that building with
18the Department on forms provided by the Department for that
19purpose. The registration shall remain valid for 6 months from
20the date of registration. The owner is required to renew the
21registration for successive 6-month periods as long as the
22building remains vacant and shall pay a registration or renewal
23fee in the amount prescribed in Section 20 for each registered
24building; however, all eleemosynary, religious, educational,
25benevolent, or charitable associations organized on a

 

 

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1not-for-profit basis and all governmental agencies are exempt
2from the payment of the registration fee.
3    (b) In addition to other information required by the
4Department, the registration statement shall include the name,
5street address, and telephone number of a natural person 21
6years of age or older who is designated by the owner as the
7authorized agent for receiving notices of violations and for
8receiving process, in any court proceeding or administrative
9enforcement proceeding, on behalf of the owner in connection
10with the enforcement of this Act. This person must maintain an
11office in the county in which the property is located or must
12actually reside within the county. An owner who is a natural
13person and who meets the requirements of this subsection as to
14location of residence or office may designate himself as agent.
15By designating an authorized agent under the provisions of this
16subsection, the owner is consenting to receive any and all
17notices of violations concerning the registered building and
18all process in any court proceeding or administrative
19enforcement proceeding brought to enforce provisions
20concerning the registered building by service of the notice or
21process on the authorized agent. Any owner who has designated
22an authorized agent under the provisions of this subsection
23shall be deemed to consent to the continuation of the agent's
24designation for the purposes of this Act until the owner
25notifies the Department in writing of a change of authorized
26agent or until the owner files a new registration statement.

 

 

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1    (c) The owner shall notify the Department, within 20 days,
2of any change in the registration information by filing an
3amended registration statement on a form provided by the
4Department for that purpose. The registration statement shall
5be deemed prima facie proof of the statements therein contained
6in any administrative or court proceeding against the owner of
7the building instituted by the Department or by any
8municipality or county in which the building is located.
9    (d) After filing a registration statement, the building
10owner shall provide access to the Department or to the
11applicable municipality or county to conduct an exterior and
12interior inspection of the building to determine compliance
13with this Act and the applicable municipal or county
14ordinances, following reasonable notice, during the period
15covered by the initial registration or any subsequent renewal.
16    (e) Any owner who fails to register a vacant building under
17the provisions of this Section shall further be deemed to
18consent to receive, by posting at the building, any and all
19notices of any violation of this Act or of any violation of an
20applicable municipal or county ordinance and all process in any
21court proceeding or administrative proceeding brought to
22enforce this Act or an applicable municipal or county ordinance
23concerning the building.
 
24    Section 15. Registration and renewal fees.
25    (a) The registration fee for each registered vacant

 

 

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1building is $250.
2    (b) The renewal fee for each registered vacant building is
3$250.
 
4    Section 20. Vacant building access. After filing a
5registration statement, the building owner shall provide,
6following reasonable notice, access to:
7    (1) the Department to determine compliance with this Act;
8and
9    (2) to the municipality or the county in which the property
10is located to conduct an exterior and interior inspection of
11the building to determine compliance with this Act or with the
12applicable municipal or county ordinance during the period
13covered by the initial registration or any subsequent renewal.
 
14    Section 25. Minimum requirements for vacant buildings. In
15addition to any other applicable municipal or county ordinance
16requirements, each vacant building must be kept in compliance
17with the following requirements for as long as the building
18remains vacant:
19    (1) Real estate maintenance standards. The real estate the
20building stands on and the surrounding public way shall be
21maintained as follows:
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
2    premises;
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;
10        (D) the real estate shall be maintained so that water
11    does not accumulate or stand on the ground; and
12        (E) all fences and gates shall be maintained in sound
13    condition and in good repair.
14    (2) Exterior maintenance standards. The exterior of the
15building shall be enclosed, secured, and maintained as follows:
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;
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;
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;
5        (E) chimneys and flues shall be kept in sound,
6    functional, and weather-tight condition;
7        (F) every outside stair, porch, stoop, deck, veranda,
8    balcony, and walk shall be maintained in sound condition
9    for its purpose; and
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.
13    (3) Interior maintenance standards. The interior of any
14building shall be maintained as follows:
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;
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;
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;
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.
6    (4) Building security standards. The following standards
7apply to the securing of vacant buildings:
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;
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.
 
23    Section 30. Rules. The Department may adopt rules for the
24administration of this Act.
 

 

 

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1    Section 35. Penalties. Any person who violates any
2provision of this Act or of the rules adopted pursuant to this
3Act commits a petty offense punishable by a fine of not less
4than $500 and not more than $1,000 for each offense. Every day
5that a violation continues shall constitute a separate and
6distinct offense.
 
7    Section 90. Home rule. A home rule unit may not regulate
8vacant buildings in foreclosure in a manner less restrictive
9than the regulation by the State of vacant buildings in
10foreclosure under this Act. This Section is a limitation under
11subsection (i) of Section 6 of Article VII of the Illinois
12Constitution on the concurrent exercise by home rule units of
13powers and functions exercised by the State.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.