A. Authority Of Council: Whenever any building or structure is ruined, damaged or dilapidated, or any premises is covered with ruins, rubbish, wreckage or debris, the village council may by resolution find that the ruined, damaged and dilapidated building, structure or premises is a menace to the public comfort, health, peace or safety and require the removal from the village of the building, structure, ruins, rubbish, wreckage or debris.
B. Service Of Notice: A copy of the resolution shall be served on the owner, occupant or agent in charge of the building, structure or premises. If the owner (as shown by the real estate records of the county clerk), occupant or agent in charge of the building, structure or premises cannot be personally served within the village, service shall be by posting a copy of the resolution on the building, structure or premises and publishing a copy of the resolution one time.
C. Compliance With Order; Filing Of Objection: Within ten (10) days of the service as provided in subsection B of this section, the owner, occupant or agent in charge of the building, structure or premises shall commence removing the building, structure, ruin, rubbish, wreckage or debris, or file a written objection with the village clerk asking for a hearing before the village council.
D. Hearing On Objection: If a timely written objection is filed as provided in subsection C of this section, the village council shall:
1. Fix a date for a hearing on the resolution and the objection;
2. Consider all evidence for and against the resolution at the hearing; and
3. Determine if the resolution should be enforced or rescinded.
E. Appeals: Any person aggrieved by the determination of the village council may appeal to the district court as provided by law.
F. Removal By Village: If the owner, occupant or agent in charge of the building, structure or premises fails to commence removing the building, structure, ruin, rubbish, wreckage or debris:
1. Within ten (10) days after service of the resolution as provided in subsection B of this section;
2. Within five (5) days of the determination that the resolution shall be enforced; or
3. After the district court enters judgment sustaining the determination of the village council; the village may remove or contract for the removal of the building, structure, ruin, rubbish, wreckage or debris at the cost and expense of the owner. The reasonable cost of the removal shall constitute a lien against the building, structure, ruin, rubbish, wreckage or debris and against the lot or parcel of land from which it was removed. The lien shall be foreclosed in the manner provided by law. (Ord. 2005-01, 1-20-2005)