VACANT

Means lacking 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 occupancy has ceased, or which is substantially devoid of content. In determining whether a Commercial Building is vacant, it is relevant to consider, among other factors, whether less than thirty-five (35%) of the total floor area of a building is not lawfully occupied, the condition and value of any items in the building and the presence of rental or for sale signs on the property.  If a Commercial Building has one or more Separate Units, each Unit shall be considered on an individual basis.

VACANT COMMERCIAL BUILDING 

A Commercial Building that is vacant for more than: (1) sixty (60) days if not Actively for Sale or Lease; or (2) three-hundred and sixty-five (365) days if Actively for Sale or Lease. In addition, any Commercial Building that is under active construction, rehabilitation, or repair without the existence of any Code violation and having been issued all required permits for such work by the City of Bloomington shall not be considered vacant. To be considered “active construction, rehabilitation or repair work” herein, progress must be made in a reasonably commercial manner. If a Commercial Building has Separate Units, each Unit shall be considered separately. If one or more Units within a Commercial Building are considered “vacant”  then said Units shall be subject to inspection and registration in the same manner as a Vacant Commercial Building with a notation on the City’s vacant building registry that only one or more Units within the Commercial Building are actually vacant. 

DERELICT BUILDING

A building that is:

A.    Condemned; or

B.    Unoccupied and unsecured for five days or more; or

C.    Unoccupied and unsecured by means other than those normally used in the design of buildings of similar structure or design for 30 days or more; this includes buildings whose doors, windows, or other openings are boarded up; or

D.    Unoccupied and having more than two property maintenance, fire or building code violations existing for 30 days or more; or

E.     Unoccupied for more than 90 days and during which time an order has been issued to correct one or more code violations or to abate a nuisance.

UNOCCUPIED

No person or persons actually, currently conduct a lawfully licensed business, or lawfully reside or live in any part of the building as the legal or equitable owner(s) or tenant(s).

The means the Commercial Building is being actively marketed, pursuant to reasonable industry standards, through a licensed real estate broker, or the owner, who is regularly advertising the property in one or more newspapers circulated in and around the Bloomington-Normal community and/or commercial real estate websites, it is being offered for sale or lease at a cost of no more than 25 percent over the market rate (i.e., the assessed value of the real estate and buildings as determined by the township assessor), and the Commercial Building is in reasonable condition for sale or lease and in compliance with the minimum maintenance standards set forth in Section 45-314. In the alternative to utilizing the assessed value of the property, the Owner may provide the City with a commercial appraisal using accepted commercial appraisal standards to show the market rate. A property owner may also file a form with the City Manager to list the property at an amount in excess of 25 percent over market rate for a period of 90 days. Said form shall detail the reasons why property value is believed to over 25 percent the market rate.

Obligation to register Vacant Commercial Buildings.

A.    Any owner of a Vacant Commercial Building as defined in § 45-304 of this Ordinance shall register such building as a Vacant Commercial Building with the Department of Economic & Community Development, together with a registration fee in an amount as set forth in the Schedule of Fees. Registration of a Vacant Commercial Building shall be valid for a period of twelve (12) months from the date of registration. If the building remains vacant at the expiration of any registration period, the owner shall renew registration of such building and pay a fee as set forth in the Schedule of Fees. Each subsequent registration for said building shall be assessed a registration fee as set forth in the Schedule of Fees. All fees provided for in this section are in addition to any other fees, fines or penalties provided for by the ordinances of the City of Bloomington, State or Federal law.

 

B.    Notification of Vacant Commercial Building status. If the Director of Economic & Community Development or code official designated by the Director determines that a commercial building is vacant within the meaning of § 45-304 of this Ordinance, the Director or enforcement official shall provide notice to the last known owner by letter sent by first class mail requesting the owner of the building to register the building. Such notice shall state the reasons for determination of vacant building status. If the owner's address cannot be determined upon due inquiry, notice may be posted upon the building. The owner of such building shall, within 10 days of notification, register such building as a vacant building with the Department of Economic & Community Development. Notification shall have been deemed to have been received within four days of the mailing and/or posting of the notification of vacant building status.

C.    If more than 14 days elapse from the day notice of vacant building status is mailed and/or posted and the building remains unregistered, the Director of Economic & Community Development may:

(1)   Apply through the Legal Department for an administrative search warrant allowing inspection of the premises to determine the condition of the property;

(2)   Abate any nuisance or City code violations existing on the premises and place a lien for the cost of such abatement on the property; and/or

(3)   Apply to the Circuit Court through the Legal Department for a judgment, injunctive or other appropriate relief.

D.     An owner of a Commercial Building that is Actively for Sale or Lease shall provide evidence of such on forms prescribed by the Economic & Community Development Department. Any Vacant Commercial Building that does not provide the required forms or related information shall not be considered Actively for Sale or Lease.

 

More information can be found in the full ordinance. 

Registration is now open through the City of Bloomington's new Citizen Services Portal, OpenGov.

Register Today!