(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
OWNER. Any person who alone, jointly, or severally with others:
(a) Shall have legal title to any premises wherein a structure is located, with or without accompanying actual possession thereof; and
(b) Shall have the charge, care, or control of any such premises as the OWNER or agent of the owner, as land contract buyer, or as executor, administrator, trustee, or guardian of the estate of the OWNER.
STRUCTURE. Any building of any nature whatsoever, including, but not limited to, houses, garages, sheds, storehouses, storerooms, and industrial buildings.
VACANT STRUCTURE. Any structure not being inhabited as a home or outbuilding not being used in conjunction with residential habitation, or any commercial or industrial structure not being used for commercial or industrial purposes.
(B) The purpose of this section is to promote the health, safety, and general welfare of the residents of the town by establishing standards for the removal of the vacant structures located on real estate within the town limits, when such structures are determined to be substandard or detrimental to the health, safety, and general welfare of the persons inhabiting adjacent premises or to the residents of the town in general.
(C) It shall be the duty of the owners of any vacant structure to maintain such structure in accordance with the following minimum standards.
(1) Every vacant structure shall be kept in a clean and sanitary manner with windows, doors, gutters, porches, screens, chimneys, roofs, and all other fixtures kept in good repair.
(2) Every premises wherein a vacant structure is located shall be kept free of rubbish, trash, garbage, and other waste materials.
(3) Every vacant structure shall be kept free of rodents, insects, and other pests, together with the premises upon which the structure is located.
(4) Every premises where a vacant structure is located shall be kept free of high grass and weeds, and trees and shrubs shall be kept trimmed.
(5) Every vacant structure shall have a safe and unobstructed means of ingress and egress, and all steps and walks shall be kept in good repair.
(6) Every vacant structure shall have a foundation, floors, walls, ceilings, and roofs which shall be reasonably weathertight, watertight, and rodent-proof.
(7) The yards and premises of every vacant structure shall be drained so as to prevent the accumulation of surface water.
(D) Any appropriate town official so designated by the Town Council shall diligently make inspections of all vacant structures to determine whether such structures are being maintained in compliance with the standards prescribed under division (C) above. For the purpose of making inspections, such officer shall conform to all applicable state laws regarding right of entry.
(E) Whenever, after inspection, the appropriate town officer determines that a violation of the minimum requirements under division (C) above exists, he or she shall notify the owner of the premises involved, and such notice shall:
(1) Be in writing;
(2) Include a statement of the reasons why it is being issued;
(3) Allow at least 60 days for the performance of any act required to correct any violations cited in such notice;
(4) Be served on the owner; provided, that such notice shall be deemed sufficient if a copy served personally upon such owner, or if a copy is sent by certified mail to the owner’s last known address and a copy is posted in a conspicuous place on or about the vacant structure; and
(5) Contain an outline of the remedial action which, if taken, will effect compliance with the provisions of this section.
(F) If the owner of a vacant structure shall fail to comply with any written order of the appropriate town officer, such town officer shall report such failure to the Town Council, which Town Council shall notify the owner of a hearing on such matters contained in the written orders of the appropriate town official, and shall set a hearing date at least ten days subsequent to the notice of hearing to the owner of the vacant structure involved.
(G) After a hearing, the Town Council shall make a finding as to whether or not the vacant structure is in violation of division (C) above, and shall make such orders as are deemed proper in regard to the structure and premises involved.
(H) Any person who may be aggrieved by the action of the Town Council in affirming an order of the appropriate town official shall have the right to appeal to the Circuit Court in accordance with the law of the state.
(I) (1) If any owner fails to comply with the order made under the provisions of this section, the appropriate officer of the town shall cause the vacant structure to be removed or demolished, and the premises to be placed in such condition as to comply with this section.
(2) The cost of removing or demolishing such vacant structure and of improving the premises shall be a lien against the real property. Such costs shall be placed upon the tax rolls as a lien, and may be foreclosed in any manner as the town may determine.
(3) Upon a final order to remove or demolish a vacant premises, the owner shall have 72 hours to elect in writing whether to retain the materials salvaged. In the event of such election, the owner shall show to the appropriate town official proof of prior arrangements to have such materials hauled from the premises.
(4) If the town shall have such salvaged materials removed, such materials shall be sold by the town, if such sale is practical, and any funds received shall be applied to the cost of removal and improving the premises. Should any funds remain after all the costs are paid, such funds shall be returned to the property owner.
(J) In addition to all other remedies prescribed by the section, the violation of any part of this section shall be deemed sufficient to declare any vacant structure to be a public nuisance, and the same shall be subject to injunctive relief to abate such nuisances.
(Prior Code, § 5.5) (Ord. 1970-4, passed 11-4-)