§ 153.02 HOUSING MAINTENANCE; OCCUPANCY.
   (A)   Purpose. The purpose of the section is to protect, preserve and promote the physical and mental health and social well-being of the people, to prevent and control incidence of diseases, to regulate privately- and publicly-owned dwellings for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people which shall be applicable to all dwellings now in existence or hereafter constructed.
   (B)   Responsibilities of owners and occupants.
      (1)   No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy and comply with all provisions of this section.
      (2)   Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.
      (3)   Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part or those parts of the dwelling unit and premises thereof that he or she occupies and controls.
      (4)   Every occupant of a dwelling or dwelling unit shall store and dispose of all his or her rubbish in a clean, sanitary and safe manner.
      (5)   Every occupant of a dwelling or dwelling unit shall store and dispose of all his or her garbage and any other organic waste which might provide food for insects and/or rats in a clean, sanitary and safe manner.
      (6)   Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of insects, and/or rats, on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his or her dwelling unit is the only one infested. Notwithstanding, the foregoing provisions of this division, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonable insect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.
      (7)   No occupancy of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap metal or any other material in such a manner that may provide a rat harborage in or about any dwelling or dwelling unit.
      (8)   No owner or occupant of a dwelling or dwelling unit shall store, place or allow to accumulate any materials that may serve as food for rats in a site accessible to rats.
   (C)   Inspections, powers and duties.
      (1)   The Village Board of Trustees shall enforce the provisions of this section and to make inspections and investigate complaints of alleged violations of the provisions of this ordinance of applicable rules and regulations pursuant thereto; or when the Village Board has valid reason to believe that a violation of this section or any rules and regulations pursuant thereto has been or is being committed.
      (2)   Any person who refuses to allow inspection or fails to comply with any provision of this section shall be deemed to be in direct violation of this section and subject to the penalties herein provided.
   (D)   Notice of violation.
      (1)   Whenever the Village Board determines that any dwelling, dwelling unit or the premises surrounding any of these, fails to meet the requirements set forth in this section or in applicable rules and regulations issued pursuant thereto, he or she shall issue a notice setting forth the alleged failures, and advising the owner, occupant, operator or agent that the failures must be corrected.
      (2)   This notice shall:
         (a)   Be in writing;
         (b)   Set forth the alleged violation of this section or of applicable rules and regulations issued pursuant thereto; and
         (c)   Provide a reasonable time for the correction of any violation alleged (which is ten days).
      (3)   At the end of the period of time allowed for the correction of any violation alleged, the Village Board shall reinspect the dwelling and or premises described in the notice.
      (4)   If, upon reinspection, the violations alleged are determined by the Village Board not to have been corrected, the Village Board will take action against the owner, occupant, operator or agent of the dwelling, dwelling unit or the premises.
(Ord. 400, passed 9-2-1986) Penalty, see § 153.99