Whenever the Building Inspector has inspected any building or premises and determined that such building or premises is substandard as defined by this Code, the Building Inspector shall commence proceedings to cause repair, demolition, rehabilitation, or vacation of same in accordance with the following provisions:
(a) Notice and Order. The Building Inspector shall issue a notice of violation and order of compliance. The notice and order shall:
(1) Be in writing;
(2) Contain the street address and the legal description of the premises upon which the building is located;
(3) Include a list of violations describing the nature with particularity and reference to the provision or section of this Code violated;
(4) Order remedial action, which if taken, will effect compliance with the provisions of this Code, and specify the time for performance of the order or abatement of the violation;
(5) Advise the owner, operator, occupant or owner’s agent of the procedure for appeal, except in the case of an emergency order issued pursuant to Section
(6) Be served on the owner, operator, occupant, or owner’s agent, and a copy shall be posted in a conspicuous place at the premises.
(b) Authority of Building Inspector. The notice and order issued by the Building Inspector pursuant to subsection (a) hereof shall contain a statement of the acts required and the time period in which the action is to be completed such that if:
(1) The Building Inspector has determined that the building or premises shall be vacated, the order shall require the vacation within a reasonable time from the date of the order as determined by the Building Inspector; or
(2) The Building Inspector has determined that the building shall be repaired, the order shall require that all necessary permits be obtained and the work commenced within a reasonable time as determined by the Building Inspector, but not to exceed sixty days, and completed within such time as deemed appropriate by the Building Inspector under the circumstances; or
(3) The Building Inspector has determined that the building must be demolished, the order shall require that the building be vacated within a reasonable time as determined by the Building Inspector, but not to exceed sixty days and, that all required permits be secured within sixty days from the date of the order and the demolition be completed within a reasonable time as determined by the Building Inspector.
(c) Service of Notice. Service upon the owner, operator, occupant or agent shall be made either personally or by certified mail, and shall be deemed to be properly served upon such person, if a copy thereof is sent by certified mail to his last known mailing address, residence, or place of business; if no such address is known, then a copy of the notice and order shall be mailed and addressed to such person at the address of the building involved in the proceeding; if a certified mail envelope is returned as unclaimed or refused, the notice will be deemed properly served by regular mail as of the date of mailing; if service is not accomplished by any of the above means, then notification of the existence of the notice and order may be published at least once in a local newspaper of general circulation in the Village. The failure of any person to receive notice shall not effect the validity of any proceeding taken under this section. Service by certified mail in the manner herein prescribed shall be effective on the date of mailing.
(d) Failure to Comply. If any required repairs or demolition work is not commenced within the time specified, the Building Inspector may:
(1) Order the building vacated to prevent further occupancy until work is completed; and/or
(2) Proceed to cause the work to be done and the cost thereof charged against the property or its owner; and/or
(3) If an owner fails to respond to an order and does not file an appeal from the findings of the Building Inspector than upon a determination that the building is a public nuisance, then the building may be demolished in accordance with Section
(e) DeMinimus Violation Notice and Order. The Building Inspector may prescribe procedures for the issuance of a de minimus violation notice and order of compliance. A “de minimus violation” means a violation of this Code which has no direct or immediate relationship to safety or health. The recipient of a de minimus violation notice shall not be entitled to an appeal hearing before Council, but may review the notice with the Building Inspector and discuss any attendant, extenuating or mitigating circumstances. Notice of a de minimus violation shall:
(1) Be in writing;
(2) Include a list of violations describing the nature with particularity in reference to the provisions or sections of this Code violated;
(3) Order remedial action or abatement of the violation within ten days;
(4) Indicate that the failure to comply, continuance of the violation or a repeat violation shall be cause for institution of proceedings to address a full violation as specified in subsection (a) hereof; and
(5) Be served in accordance with subsection (c) hereof.
(Ord. 95-12L&R. Passed 5-2-95.)
(f) Right of Appeal. Any person served with a notice and order under subsection (c) hereof by the Building Inspector, may appeal from the notice and order in accordance with Section 1321.29 et seq. herein.
(Ord.2003-6L&R. Passed 3-18-03.)