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First Reading and Possible Adoption of an Ordinance Amending Chapter 7 (“Buildings”) of the Oak Park Village Code by Repealing and Replacing Article 10 (“Vacant Buildings”)
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Introduction
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Staff is proposing changes to the Village’s Vacant Building Ordinance to clarify processes and expand application to cover a wider array of nuisance properties.
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Recommended Action
Adopt the ordinance.
Prior Board Action
The Board has taken the following prior action(s):
• ORD 15-183: On November 12, 2015, the Village Board approved an ordinance amending Chapter 7 ("Buildings"), Article 10 ("Vacant Buildings") of the Oak Park Village Code.
Background
This item originates both from a need to revisit our code approach to vacant buildings, as well as community feedback on the need for additional tools to bring consistent property maintenance code violators into compliance more rapidly. Rather than pursue these changes separately, staff has combined them into one update of the code.
These changes will require the registration of nuisance properties, defined as:
• Any physical condition or use of the property or its appurtenances that constitutes a public nuisance at common law, under the Illinois Compiled Statutes, or under this Code.
• Any physical condition, use, or occupancy of the property or its appurtenances that presents an unreasonable risk of injury, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures.
• Any property with plumbing, sewage disposal, or sanitary facilities maintained in an unsanitary condition.
• Any property that is unsanitary, has an accumulation of garbage or litter, or has weeds or other plant growth in violation of this Code.
• Any vacant building subject to registration pursuant to Section 7-10-4B.
• Any property with one or more Property Maintenance Code violations that remain uncorrected for forty-five (45) days or more after service of the notice of violation, or that remain uncorrected after the expiration of an approved extension of time to correct the violations.
• Any property for which the Village has issued more than two (2) notices of violation concerning the same condition within a six (6) month period, or four (4) such notices within a one (1) year period, regardless of whether the condition was corrected or an extension of time to correct the condition was approved before issuance of a subsequent notice.
Properties meeting the above definition would be required to register with the Village, be inspected, and submit a remediation plan on how they will abate the current nuisance condition. It allows the Village to assess the property and require security measures as needed to maintain the property in good condition. It increases fines for properties determined to be nuisances. It provides an appeals process for property owners who feel their property has been misidentified. Importantly, the code allows the Village the right to enter the property to correct code issues if the Owner is not correcting them as agreed to in the remediation plan.
Timing Considerations
There are no specific timing considerations associated with this item.
Financial Impact
The ordinance would result in registration ($200 per) and inspection fees ($500 per) being charged on both vacant properties and nuisance properties. Currently, staff are charging registration fees on vacant building registrations, of which there have been 19 since the start of 2024. Staff review of water billing shows 201 addresses where all water use has ceased since January 2022. As a result, staff believes that the number of locally vacant buildings is far higher than those that have registered with the Village thus far.
Additionally, the ordinance requires (7-10-15) that violations be fined at $750 per violation per day. In the short term, the revenue generated due to non-compliance would increase. As non-compliance becomes costly, we believe that this revenue will normalize back to current levels.
Operations Impact
With the Board’s creation of a Housing Licensing Coordinator position in May 2026, the Neighborhood Programs team has sufficient capacity to carry out the vacant buildings work envisioned in the ordinance, including the research and registration needed to ensure appropriate escalation of vacant properties for potential abandonment declaration if appropriate. The declaration and follow-up tasks for non-vacant properties as nuisances are consistent with the work of the Code Compliance team. The additional enforcement tools will, over time, allow team members to resolve property issues more quickly, freeing up capacity for proactive enforcement.
DEI Impact
By expanding the ordinance to provide heightened enforcement for nuisance properties, the Village will be better able to aggressively pursue compliance with properties of all types, including multifamily property owners who repeatedly struggle with recurring property maintenance issues.
Community Input
Staff receives frequent feedback from community members concerned about the long timelines associated with bringing reluctant property owners into compliance with the Village’s current property maintenance standards, both for occupied and unoccupied buildings. The proposed changes will allow for a more aggressive approach by staff to pursue nuisance property owners, including those who dispute whether the building is vacant.
Staff Recommendation
Adopt the ordinance.
Advantages:
• This ordinance provides staff with more tools to enforce and speedily correct property maintenance issues.
• Clarifies the Village’s process for vacant building registration and maintenance.
Disadvantages:
• There are no disadvantages to this action.
Alternatives
The Board could seek additional feedback on the Ordinance.
Advantages:
• Allows time for refinement based on feedback provided by the Board and/or community members.
Disadvantages:
• This action delays staff enforcement of the new standards.
Anticipated Future Actions
Following adoption, staff will begin enforcement action against nuisance properties in Oak Park, including vacant properties.
Prepared By: Jonathan Burch, Assistant Village Manager/ Neighborhood Services Director
Reviewed By: Jack Malec, Assistant to the Village Manager
Approved By: Kevin J. Jackson, Village Manager
Attachment(s):
1. Draft Ordinance
2. Current Village Code