Loading...
(A) In general.
(1) All exterior property areas and premises shall be maintained in a clean, safe and sanitary condition free from accumulation of rubbish or garbage, except when assembled regularly for removal for transport to a proper receptacle.
(2) The owner and person in possession of every establishment producing garbage, vegetable wastes, or other putrescible materials shall provide, and at all times cause to be used, leak proof approved containers provided with close fitting covers for the storage of such materials until removed from the premises for disposal.
(B) Exterior structure.
(1) The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to impose a threat to the health, safety, or welfare of the occupants and so as to protect the occupants from the adverse effects of the environment. Construction of the exterior of a building or structure shall, following issuance of a building permit, be pursued to completion and issuance of a certificate of occupancy, with work being regularly and actively performed, and such pursuit shall not be completely or substantially discontinued for a period in excess of six months. Moreover, the exterior of the building or structure shall be maintained so as not to be in a condition of disrepair for a period of six months.
(2) All supporting structural members of all structures shall be kept structurally sound, free of deterioration and maintained capable of safely bearing the dead and live loads imposed upon them.
(3) Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair.
(4) All foundation walls shall be maintained so as to carry the safe design and operating dead and live loads, and shall be maintained plumb and free from open cracks and breaks, so as not to be detrimental to public safety and welfare.
(5) Every exterior wall, window, trim and the like, shall be free of holes, breaks, loose or rotting boards or timbers, and other conditions that might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials, including, without limitation, wood, composition, or metal siding, shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.
(6) All cornices, entablatures, felt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe workmanlike condition.
(7) All canopies, marquees, signs, metal awnings, stairways, fire escapes, stand pipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
(8) Every stair, porch, fire escape, balcony, and all appurtenances attached thereto shall be so constructed as to be safe to use and capable of supporting the anticipated loads and shall be maintained in sound condition and good workmanlike repair.
(9) Every window, door and frame shall be constructed and maintained in much relation to the adjacent wall construction so as to exclude rain as reasonably possible, and to substantially exclude wind from entering the dwelling or structure. Windows and exterior doors shall be fitted reasonably in their frames to be weather-tight, and constructed so as to exclude wind or rain from entering the dwelling or structure. Windows, other than fixed windows, shall be capable of being opened with reasonable ease, and shall be held in position by appropriate window hardware.
(10) Every basement hatchway shall be so constructed and maintained as to prevent the entrance of vermin, rain and surface drainage water into the structure.
(C) Interior structure.
(1) The interior of a structure and its equipment shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the health, safety or welfare of the occupants or visitors, and to protect the occupants from the environment.
(2) The supporting structural members of every building shall be maintained structurally sound, not showing any evidence of deterioration that would render them incapable of carrying the imposed loads.
(3) The interior of every structure shall be maintained free from any accumulation of rubbish, refuse or garbage, other than normal accumulations made for limited periods for disposal purposes. Any rubbish, garbage and/or refuse accumulated on the property for disposal purposes shall be kept inside temporary storage facilities and/or containers.
(Ord. 30.02, passed 6-22-87) Penalty, see § 10.99
(A) Every dwelling unit shall include its own plumbing facilities for sanitary purposes, which are in proper operating condition, and which can be used in private and are adequate for personal cleanliness and the disposal of human waste.
(B) All plumbing fixtures shall be maintained in a safe, sanitary and usable condition. All plumbing fixtures shall be approved nonabsorbent material.
(Ord. 30.02, passed 6-22-87) Penalty, see § 10.99
(A) All cooking and heating equipment shall be maintained free from fire, health and accident hazards. All installations and repairs shall be made in accordance with the provisions of the building code, and other laws or ordinances applicable.
(B) All fuel burning equipment shall be connected to an approved chimney, flue or vent, or shall otherwise be approved by the fire marshall.
(C) All required clearances to combustible materials shall be maintained.
(D) Fireplaces, and other construction and devices intended for use similar to a fireplace, shall be stable and structurally safe and connected to approved chimneys.
(E) All electrical equipment, wiring and appliances shall be installed and maintained in a condition that will not result in a hazard to life and/or property. Applicable laws and codes shall be utilized in determining the existence of a hazard. However, the mere fact that there is not compliance with an applicable code adopted subsequent to installation of the equipment, wiring, appliances, or the like, shall not, in and of itself, be proof of a hazard.
(F) If, in the opinion of the duly authorized village official inspecting the system, the electrical system in a structure constitutes a hazard to life and/or property by reason of inadequate service, improper fusing, inefficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, such condition shall constitute a material violation of this subchapter.
(Ord. 30.02, passed 6-22-87) Penalty, see § 10.99
(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)
CONDEMNATION OF DANGEROUS BUILDINGS
It is unlawful for any owner or agent thereof to keep or maintain any dwelling or part thereof that is a dangerous building as defined in § 154.21.
(Ord. 31.03, passed 6-14-76)
As used in this subchapter, DANGEROUS BUILDING means any building or structure that has any of the following defects or is in any of the following conditions:
(A) Whenever any door, aisle, passageway, stairway or other means of exit does not conform to the approved fire code of the community wherein the property lies, it shall be considered that such dwelling does not meet the requirements of this subchapter.
(B) Whenever any portion has been damaged by fire, wind, flood, or by any other cause in such a manner that the structural strength or stability is appreciably less than it was before such catastrophe and is less than the minimum requirements of this subchapter or any building code of the village for a new building or similar structure, purpose or location.
(C) Whenever any portion or member or appurtenance is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(D) Whenever any portion has settled to such an extent that walls or other structural portions have materially less resistance to winds than is required in the case of new construction by this subchapter or the building code of the village.
(E) Whenever the building or structure or any part, because of dilapidation, deterioration, decay, faulty construction, or because of the removal or movement of some portion of the ground necessary for the purpose of supporting such building or portion thereof, or for other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning is likely to fall or give way.
(F) Whenever for any reason whatsoever the building or structure or any portion is manifestly unsafe for the purpose for which it is used.
(G) Whenever the building or structure has been so damaged by fire, wind or flood, or has become so dilapidated or deteriorated as to become an attractive nuisance to children who might play therein to their danger, or as to afford a harbor for vagrants, criminals or immoral persons, or as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful or immoral acts
(H) Whenever a building or structure used or intended to be used for dwelling purposes, because of dilapidation, decay, damage or faulty construction or arrangement or otherwise, is unsanitary or unfit for human habitation or is in a condition that is likely to cause sickness or disease when so determined by the Health Officer, or is likely to work injury to the health, safety or general welfare of those living within.
(I) Whenever any building becomes vacant, dilapidated and open at door or window, leaving the interior of the building exposed to the elements or accessible to entrance by trespassers.
(Ord. 31.03, passed 6-14-76)
Cross-reference:
Nuisance buildings and dwellings, see §§ 95.15 et seq.
Loading...