(A) If the owner or owners or lienholder of record does not demolish, repair or enclose the building, or if the garbage, debris or other hazardous, noxious or unhealthy substances are not removed within 30 days of the notice described in § 157.03(A) or within 30 days of the last day of publication of the notice, whichever is later, the Department of Buildings shall cause to be sent by mail a final determination to the owner or owners or lienholders of record a notice that the village Building Department has determined that the necessary demolition, repair or enclosure or removal action has not been taken and that the building remains open and vacant and an immediate and continuing hazard to the community in which the building is located. The final determination shall include a statement that, unless a hearing is sought in a court of competent jurisdiction to object to the proposed actions of the Department of Buildings and a copy of the complaint served on the Mayor within ten days of the mailing of the final determination, the village Building Department intends to exercise its power to demolish, repair, or enclose the building, or to remove any garbage, debris or other hazardous, noxious, or unhealthy substances or materials.
(B) The Department of Buildings may proceed to demolish, repair, or enclose a building or remove any garbage, debris or other hazardous, noxious or unhealthy substances or materials under this section within 120 days following the date of the mailing of the notices described in § 157.03 if the Building Commissioner determines that the demolition, repair, enclosure, or removal of any garbage, debris, or other hazardous, noxious, or unhealthy substances or materials is necessary to remedy the immediate and continuous hazard. If, however, before the Building Commissioner proceeds with any of the actions authorized by this section, any person has sought a hearing before a court and has served a copy of the complaint on the Mayor, then the village shall not proceed with the demolition, repair, enclosure, or removal of garbage, debris or other substances until the court determines that action is necessary to remedy the hazard and issues an order authorizing the village to do so.
(Ord. 05-61, passed 12-21-05)