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(A) Any and all civil penalties or fees assessed under this subchapter shall be billed to the owner or other responsible party. Failure or refusal to pay any and all such penalties permits the village to pursue any and all available legal remedies for the enforcement and collection of such penalties, including, but not limited to, suits or actions being maintained in any court of competent jurisdiction, abatement of nuisances maintained in violation of this subchapter, institution of injunction, mandamus or other appropriate action or proceedings to enforce the penalty provisions of this subchapter and § 91.99(B). This subchapter in no way limits the penalties, actions or abatement procedures which may be taken by the village for a violation of any other ordinance of the village or statute of the state.
(B) Unpaid vacant property registration fees and unpaid fines for any violation of this subchapter shall become a lien on the applicable property upon the recording of a notice of such lien in the office of the County Register of Deeds. The lien created under this division (B) shall be subordinate to all liens on the applicable property recorded prior to the time the notice of such lien under this division (B) is recorded.
(Ord. 274, passed 6-4-2024) Penalty, see § 91.99
(A) If vacant property changes ownership, the subsequent owner or owners of the vacant property shall assume the obligation of the previous owner or owners.
(B) If at any time vacant property that has been registered with the database ceases to be classified as vacant or subsequently meets one of the exemptions, the owner or owners shall notify the Village Clerk-Treasurer, who shall, upon proof of such change in circumstances, remove said property from the database.
(Ord. 274, passed 6-4-2024)
(A) Notice of any determination made pursuant to this subchapter shall be sent by certified mail to the registered owner at the address maintained in the Register of Deed’s office. Any determination shalt not take effect until ten days after the sending of said notice.
(B) If the owner or owners of any property subject to this subchapter object to any determination made by the village or Village Clerk-Treasurer pursuant to this subchapter, he, she or they may appeal said determination to the Village Board.
(Ord. 274, passed 6-4-2024)
(A) Upon receiving notice from the village declaring that a property is vacant or remains vacant, the owner of the building may appeal such decision within 20 calendar days of receipt of the notice. Such appeal shall be in writing to the Village Clerk-Treasurer. Such appeal shall request a hearing before the Board of Health to present reasons why the building should not be declared vacant. The Board of Health shall set such hearing within 20 business days from the date of receipt of the written request.
(B) A written notice of the Board of Health’s decision following the hearing shall be sent to the property owner by certified mail or shall be provided at the conclusion of the meeting. If the Board of Health rejects the appeal, the owner shall have 30 calendar days from the decision to register the vacant building; provided, the owner may appeal such decision within ten calendar days of the Board of Health’s decision to the Village Board, during which proceedings the decision of the Board of Health shall be stayed. Any appeal of a decision from the Village Board shall be made within 30 days of the decision to an appropriate court for adjudication.
(Ord. 274, passed 6-4-2024)
If an unsafe building or structure poses an immediate danger to the health, safety or general welfare of any person or persons and the owner fails to remedy the situation in a reasonable time after notice by the Village Clerk-Treasurer to do so, the village may summarily repair such building or structure.
(Ord. 274, passed 6-4-2024)
(A) Any person who shall violate or refuse to comply with the enforcement of any of the provisions of §§ 91.01 through 91.04 and 91.15 through 91.20, set forth at full length herein or incorporated by reference, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $100 for each offense. A new violation shall be deemed to have been committed every 24 hours of such failure to comply.
(Prior Code, § 4-401)
(B) Any person upon whom a duty is placed by the provisions of §§ 91.35 through 91.44 who shall fail, neglect or refuse to perform such duty, or who shall violate a provision of §§ 91.35 through 91.44, shall be deemed guilty of an infraction and, upon conviction thereof, shall be fined in any sum not to exceed $500, except that each person so convicted shall be fined in a sum of not less than $200 for the first offense, not less than $300 for the second offense and not less than $400 for the third offense and each offense thereafter. The penalty herein provided shall be cumulative with and in addition to the revocation, cancellation or forfeiture of any license, permit or right elsewhere provided for or as provided by law. Each day a violation of §§ 91.35 through 91.44 continues shall constitute a separate and distinct offense and shall be punishable as such.
(Ord. 274, passed 6-4-2024)