(A) Whenever the Village Manager, the Building Official, or designate, determines that there has been a material violation of this subchapter, or has reasonable ground to believe that a material violation has occurred, the village may proceed by way of appearance ticket, Circuit Court action, or by giving a notice to the owner or the person or persons responsible for the premises in the manner prescribed below.
(B) The notice referenced in division (A), above, shall:
(1) Be in writing.
(2) Include a description of the real property sufficient for identification.
(3) Include a statement of the reason or reasons why the notice is being issued.
(4) Include a correction order allowing a reasonable time for the repairs, actions and/or improvements required to bring the structure into compliance with the provisions of this subchapter.
(5) Include a statement that if all corrections ordered to be made in the notice have not been completed within a reasonable time, as specified in the notice, a hearing shall be conducted before the Village Council at a time, date and place, also specified in the notice, and, that at such hearing, the property owner, or the property owner's representative, shall be entitled to be heard with respect to why the ordered corrective repairs, actions and/or improvements shall not be required.
(C) The notice shall be sent by certified mail to the person or entity responsible for the property, which may be based upon the name and address on the records of the Assessing Department. In addition, if the notice specifies an order requiring the vacation of occupancy and/or the physical demolition of all or part of a structure, a copy of the notice shall be posted on the property in a conspicuous place.
(D) After the expiration of the time established in the notice for curing of all violations, but before the date fixed in the notice for the hearing, the building official, or designate, shall ascertain and report to the Village Manager whether the corrections have been complete.
(E) If all corrections of violations have not been completed within the time required by the notice referenced in divisions (A) and (B), above, the Village Manager shall direct that an additional notice be sent by regular mail to the person or entity responsible for the property clarifying the position of the village that the corrections required in the prior notice have not been made and that a hearing shall be conducted. The notice shall reiterate the date, time and place of the hearing to be conducted. The Village Council shall conduct a hearing on the date fixed in the notices, which hearing may be adjourned from time-to-time by the Council as needed to properly complete the hearing.
(F) The property owner, and/or representative, shall be given an opportunity to be heard at the hearing.
(G) At the conclusion of the hearing, the Council shall determine, in its discretion, whether a violation exists. If the Council determines that a violation does exist, it shall order specific corrective repairs, actions, and/or improvements, including, if necessary and in the discretion of the Council, a vacation of occupancy and/or a physical demolition of the structure, provided, however, demolition of the structure shall not be ordered unless a health or safety hazard exists, or unless a condition of disrepair shall have existed for a continuous period of at least one year. The Council shall prescribe a time within which the corrective repairs, actions and/or improvements must be completed.
(H) If the corrective repairs, actions and/or improvements ordered by the Council include the vacation of occupancy of the premises and/or a physical demolition of all or part of a structure, and the property owner or other responsible person has not completed all curative repairs, actions and/or improvements within the time fixed in the order, the village may commence an action in the Circuit Court seeking a declaratory judgment, based upon the record made at the Village Council hearing, praying for an adjudication that:
(1) The procedure undertaken by the village was proper.
(2) The village's action and order did not constitute a breach of discretion and/or violate the constitution of law.
(3) The village is authorized to carry out the curative order, with all costs and expenses incurred by the village in taking such curative action to be paid by the property owner within 30 days of billing from the village, and failing full payment by the property owner, the balance due shall be deemed delinquent and be placed on the tax roll with respect to the property and billed and collected along with the real property taxes of the village according to law.
(Ord. 30.02, passed 6-22-87)