1317.01 Purpose.
1317.02 General scope.
1317.03 Conflict.
1317.04 Definitions.
1317.05 Existing structures.
1317.06 General maintenance requirements.
1317.07 Specific maintenance responsibilities.
1317.08 Foundations.
1317.09 Exterior residential structures.
1317.10 Pest control.
1317.11 Exterior property areas.
1317.12 Responsibility for compliance.
1317.13 Enforcement.
1317.99 Penalty.
Within the scope of this Property Maintenance Code, as hereinafter defined, the purpose of this code is to establish minimum standards necessary to make all residential structures within the Village, as hereinafter defined, safe, sanitary, free from fire and health hazards, fit for human habitation and to avoid deteriorating influence on the neighborhood and community; to fix responsibilities for the owners and occupants of residential structures with respect to sanitation, repair and maintenance; to establish additional standards for multiple dwellings; to authorize external inspection of residential structures; to establish enforcement procedures; to authorize the vacation or condemnation of residential structures determined to be unsafe or unfit for human habitation and to fix penalties for violations.
(Ord. 06-13. Passed 7-27-06.)
(a) The provisions of this code shall be the primary source of laws to establish and enforce the minimum structural and maintenance standards for all residential structures within the Village and all other provisions of the Village ordinances relating to the repair and maintenance of residential structures shall be supplemental to the provisions of this Chapter.
(b) Each of the sections or subsections of this code and the several parts and provisions thereof are declared to be independent sections, subsections, parts and provisions and if any such section, subsection, part or provision is found to be unconstitutional, void, or ineffective for any reason, such finding shall not affect, nor render invalid any other section, subsection, part or provision thereof.
(c) This Chapter shall be enforced using good judgment and with consideration of the circumstances which may exist at the time. The Council and Village Administrator shall discuss and determine the priority for addressing structures which do not meet provisions of this Property Maintenance Code. The emphasis on enforcement shall be to address first those properties with substantial structural defects or conditions which pose a serious risk to the health and safety of residents, tenants, or neighbors of such property. Thereafter, the Village Administrator will survey properties located in the Village by geographic location and compile a list of those properties to be addressed under the Property Maintenance Code.
(Ord. 06-13. Passed 7-27-06.)
In the event of conflict between any provisions of this Chapter, including any rules or regulations adopted pursuant thereto, and any Village ordinances, including any rules and regulations adopted pursuant to such ordinances, the provisions which establish the highest standard for the protection of health, safety and welfare, shall prevail and nothing in this chapter shall be construed to supersede, limit, modify or replace any of the powers or duties of the Board of Health, Fire Chief, or Village Administrator.
(Ord. 06-13. Passed 7-27-06.)
(a) "Accessory Building" means a secondary or appurtenant building, the use of
which is incidental or accessory to that of the main Residential Structure, and which is attached thereto or located on the same premises, including, but not limited to a garage, shed, carport or other appurtenant structure.
(b) "Apartment building" means a multiple family dwelling comprised of three or
more dwelling units, i.e. apartments each having a separate entrance or entrances.
(c) "Building Administrator" means the Village Administrator or his authorized
representative.
(d) "Code" means the Property Maintenance Code being Chapter 1317
of the Codified Ordinances of the Village.
(e) "Duplex" means a building consisting of two dwelling units.
(f) "Dwelling" means a building designed for and occupied primarily for residential use including one-family and multiple family dwellings, but not including hotels, motels, boarding houses, tourist homes, and the like.
(g) "Foundation" means that portion of the structure primarily below grade which
provides support for exterior walls or other structural parts of a building or structure.
(h) "Lot with structure" means any lot within the Village upon which a structure is located.
(i) "Multiple Family dwelling" means a building or portion thereof consisting of two or more dwelling units. It includes a dwelling converted into apartments.
(j) "Occupant" means the person or persons who reside in a Residential Structure, with the permission of the owner thereof, whether as a tenant, lessee or pursuant to other agreement with the owner.
(k) "Owner" means the person identified in the county records as the legal owner of the lot or land on which the Residential Structure is located; or, in the event that the lot or land is being purchased on Land Contract, the owner means the Purchaser or other person having control of the premises.
(l) "Private Garage" means a building or part thereof accessory to the dwelling and providing for the storage of passenger automobiles and in which no occupation, business, or service for profit is carried on, unless approved and permitted by the Village Planning Board.
(m) "Residential Structure" shall include an Accessory Building, Duplex, Dwelling, Apartment Building or Multiple Family Dwelling as defined herein.
(Ord. 06-13. Passed 7-27-06.)
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