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(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.
(A) Notwithstanding any other provision of this subchapter, when the whole or any part of any building or structure is found to be in a dangerous or unsafe condition, the enforcing agency shall issue a notice of the dangerous and unsafe condition.
(B) Such notice shall be directed to each owner of or party in interest in the building in whose name the property appears on the last local tax assessment records.
(C) The notice shall specify the time and place of a hearing on the condition of the building or structure at which time and place the person to whom the notice is directed shall have the opportunity to show cause why the building or structure should not be ordered to be demolished or otherwise made safe.
(D) The Hearing Officer shall be appointed by the Village President to serve at his pleasure. The enforcing agency shall file a copy of the notice of the dangerous and unsafe condition with the hearing officer.
(E) All notices shall be in writing and shall be served upon the person to whom they are directed personally, or in lieu of personal service may be mailed by certified mail; return receipt requested addressed to such owner or party in interest at the address shown on the tax records, at least ten days before the date of the hearing described in the notice. If any person to whom a notice is directed is not personally served in addition to mailing the notice, a copy thereof shall be posted upon a conspicuous part of the building or structure.
(Ord. 31.03, passed 6-14-76)
(A) The hearing officer shall take testimony of the enforcing agency, the owner of the property and any interested party. The hearing officer shall render his decision either closing the proceedings or ordering the building to be demolished or otherwise made safe.
(B) If it is determined by the hearing officer that the building or structure should be demolished or otherwise made safe, he shall so order, fixing a time in the order for the owner, agent or lessee to comply therewith.
(C) If the owner, agent or lessee fails to appear or neglects or refuses to comply with the order, the hearing officer shall file a report of his findings and a copy of his order with the legislative body of the village and request that the necessary action be taken to demolish or otherwise make safe the building or structure. A copy of the findings and order of the hearing officer shall be served on the owner, agent or lessee in the manner prescribed in § 154.22.
(D) The Village Council shall fix a date for hearing, reviewing the findings and order of the hearing officer and shall give notice to the owner, agent or lessee in the manner prescribed in § 154.22 of the time and place of the hearing. At the hearing the owner, agent or lessee shall be given the opportunity to show cause why the building should not be demolished or otherwise made safe and the Village Council shall either approve, disapprove or modify the order for the demolition or making safe of the building or structure.
(E) The cost of the demolition or making the building safe shall be a lien against the real property and shall be reported to the assessing officer of the village who shall assess the cost against the property on which the building or structure is located.
(F) The owner or party in interest in whose name the property appears upon the last local tax assessment records shall be notified of the amount of such cost by first class mail at the address shown on the records. If he fails to pay the same within 30 days after mailing by the Assessor of such notice of the amount thereof, the Assessor shall add the same to the next tax roll of such village and the same shall be collected in the same manner in all respects as provided by law for the collection of taxes by such village.
(Ord. 31.03, passed 6-14-76)
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