(A) If the Enforcement Officer has reason to believe that a property subject to the provisions of this chapter is posing a serious threat to the public health, safety, and welfare, the code Enforcement Officer may temporarily secure the property at the expense of the mortgagee, owner and/or landlord, and may bring the violations before the code enforcement, Board of Trustees or special magistrate as soon as possible to address the conditions of the property. Nothing herein shall limit the village from abating any nuisance or unsafe condition by any other legal means available to it.
(B) The Sheriff, code enforcement, Board of Trustees or special magistrate shall have the authority to require the mortgagee, owner and/or landlord, affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any and all doors, windows or other openings, employment of an on-site security guard or other measures as may be reasonably required to help prevent further decline of the property.
(C) If there is a finding that the condition of the property is posing a serious threat to the public health, safety, and welfare, then the Sheriff, code enforcement, Board of Trustees or special magistrate may direct the village to abate the violations and charge the mortgagee, owner and/or landlord with the cost of the abatement.
(D) In registering a property as required by this chapter, and in order to abate part of the harm caused by properties that pose a serious threat to the public health, safety, and welfare of the village, the Sheriff, code enforcement, Village Council or special magistrate is granted the authority to issue a trespass warning to individuals on the properties, including any common areas related to the rental properties, unless they can demonstrate authority in writing to be on the property. The landlord, mortgagee, and/or owner can opt out of or revoke the village's authority to issue a trespass warning by notifying the village on the registration form or in writing, directed to the Sheriff, code enforcement, Village Council or special magistrate.
(E) If the mortgagee, owner and/or landlord does not reimburse the village for the cost of temporarily securing the property, or of any abatement directed by the Sheriff, code enforcement officer, code enforcement, Board of Trustees or special magistrate, within 30 days of the village sending the mortgagee, owner and/or landlord the invoice then the village may lien the property with such cost, along with an administrative fee as determined in the village's fee ordinance to recover the administrative personnel services. In addition to filing a lien the village may pursue financial penalties against the mortgagee, owner and/or landlord.
(F) The village may contract with an entity to implement this chapter, and, if so, any reference to the Enforcement Officer herein shall include the entity the village contract with for that purpose.
(Ord. 4427, passed 9-21-2020)