(a) Condemnation.
(1) When a commercial structure, located within the Village of Greenfield, is found and determined by the National Inspection Corporation (NIC) Building Officer, acting on behalf of the Village of Greenfield, to be unsafe, unfit for human occupancy, or unlawful, such structure may be condemned pursuant to the provisions of this section.
(2) When a residential structure, located within the Village of Greenfield, is found and determined by the Village of Greenfield Public Service Director or his/her designee to be unsafe, unfit for human occupancy, or unlawful, such structure may be condemned pursuant to the provisions of this section.
(b) Notice.
(1) When a structure has been condemned under this section, a Condemnation Notice shall be issued.
(2) The Notice shall:
A. Be in writing;
B. Include a description of the property sufficient for identification;
C. Include a statement of the reason or reasons for its issuance;
D. Include an order either allowing a reasonable time for the repairs and improvements required to bring the structure into compliance with all applicable code provisions or to demolish and remove the structure, or portion thereof, leaving the premises in a clean and safe and sanitary condition; and
E. Set forth the process for appeal.
(3) The Notice shall be:
A. Sent via certified and regular United States Mail to the property owner, lessee, agent, tenant, or person having charge or care of the land's last known address;
B. Sent via certified and regular United States Mail to all holders of legal or equitable liens of record upon the real property at issue, if applicable;
C. Posted on the property, in a conspicuous place; and
D. If the certified mail in subsections (b)(3)A. and B. goes unclaimed, notice shall be published in a local newspaper of general circulation at least once a week for two consecutive weeks.
(c) Placards.
(1) Upon condemning a structure, Notice bearing the word "Condemned" and a statement of the penalties provided for occupying the premises shall be posted on the premises in a conspicuous place.
(2) The condemnation placard shall not be removed until the defect or defects upon which the condemnation and placarding action were based have been eliminated. No person shall remove or deface the condemnation placard without the approval of the individual who placed the placard.
(d) Prohibited Occupancy. Any occupied structure condemned and placarded shall be vacated. No person shall enter, remain in, or occupy any placarded premises except for purposes of making the repairs or to comply with the orders of the Village. No owner, lessee, agent, tenant, or person having charge or care of the land shall allow or permit anyone to occupy, enter, or remain in the placarded premises except for purposes of making the repairs or to comply with the orders of the Village.
(e) Appeal and Demolition of a Condemned Structure.
(1) All structures condemned in accordance with this section are subject to demolition.
(2) The property owner, lessee, agent, tenant, or person having charge or care of a condemned structure may appeal the Condemnation Notice within fifteen (15) days of the date on the notice, as provided in Section 1323.06.
(3) If the property owner, lessee, agent, tenant, or person having charge or care of the condemned structure fails to timely file an appeal, and the structure is not razed or repaired by the property owner, lessee, agent, tenant, or person having charge or care of the condemned structure within the time provided on the Notice of Condemnation, the Village of Greenfield may proceed to have the structure or portion thereof demolished and removed from the premises, leaving the premises in a clean, safe, and sanitary condition at any time thereafter and recover the costs and expenses thereof.
(f) Recovery of Costs. Costs incurred in carrying out the provisions herein shall be collected pursuant to Section 1323.08.
(g) Emergency Demolition and Condemnation.
(1) If at any time during the condemnation process the property presents emergency conditions, as reasonably determined by the Public Service Director or his/her designee or the National Inspection Corporation (NIC) Building Officer, depending on whether the parcel is residential or commercial, the property shall be subject to an emergency demolition order.
(2) The fact that a property has been condemned shall not affect or preclude the use of the emergency demolition process.
(Ord. 08-2019. Passed 8-6-19.)