The designation of dwellings or dwelling units as unfit for human habitation and the procedure for the condemnation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following:
(a) Any dwelling or dwelling units found to have any of the following defects shall be condemned as unfit for human habitation and shall be so designed and placarded by the Mayor:
(1) One which is so damaged, decayed, dilapidated, insanitary, unsafe or vermin-infested that it creates serious hazard to the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation facilities adequate to protect the health or safety of the occupants or of the public.
(3) One which because of its general condition or location is unsanitary, or otherwise dangerous, to the health or safety of the occupants or of the public.
(b) Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Mayor, shall be vacated within a reasonable time as ordered by the Mayor.
(c) No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by, the Mayor. The Mayor shall remove such placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.
(d) No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarding as such, except as provided in subsection (c) hereof.
(e) Any persons affected by any notice or order relating to the condemnation and placarding of a dwelling or dwelling unit as unfit for human habitation may request and shall be granted a hearing on the matter before the Mayor, under the procedure set forth in Section 1351.03.
(Ord. 2696-95. Passed 1-4-95.)
(f) If the Mayor determines that the structure designated unfit for human habitation and condemned pursuant to this section cannot be improved so as to comply with the provisions of these regulations and that the same is unsafe or unfit for human habitation, the Mayor may order and direct the owners to forthwith demolish the structure as a hazard. In the event that the owners fail to comply with the order, the Mayor may order the demolition of the structure and shall certify as set forth herein the cost and expense of demolition to the County Auditor and the cost and expense shall become a lien upon the property and shall be paid for as taxes.
The statement of costs forwarded to the County Auditor shall be executed by the Mayor and certified that the amount is correct and attested by the Clerk of the Board of Health and shall further recite the order of the Mayor directing the demolition of the structure.
(g) The Mayor or his designee may provide for the abatement, control or removal of vegetation, garbage, refuse, and other debris from land in the Village, if the Mayor or his designee determines that the owner’s maintenance of such vegetation, garbage, refuse and other debris constitutes a nuisance.
(h) At least seven days before providing for the abatement, control, or removal of any vegetation, garbage, refuse or debris, the Mayor or his designee shall notify the owner of the land and any holders of liens of record upon the land that:
(1) The owner is ordered to abate, control or remove the vegetation, garbage, refuse or other debris, the owner’s maintenance of which has been determined by the Mayor or his designee to be a nuisance;
(2) If such vegetation, garbage, refuse or debris is not abated, controlled, or removed, or if provision for its abatement, control or removal is not made, within seven days, the Mayor or his designee shall provide for the abatement, control or removal, and any expenses incurred by the Mayor or his designee in performing that task shall be entered upon the tax duplicate and become a lien upon the land from the date of entry.
The Mayor or his designee shall send the notice to the owner of the land by certified mail if the owner is a resident of the Village or is a nonresident whose address is known, and by certified mail to lien holders of record; alternatively, if the owner is a resident of the Village or is a nonresident whose address is known, the Mayor or his designee may give notice to the owner by causing any of their agents or employees to post the notice on the principal structure on the land and to photograph that posted notice with a camera capable of recording the date of the photograph on it. If the owner’s address is unknown and cannot reasonably be obtained, it is sufficient to publish the notice once in a newspaper of general circulation in the Village. The owner of the land or holders of liens of record upon the land may enter into an agreement with the Mayor or his designee providing for either party to the agreement to perform the abatement, control or removal before the time the Mayor or his designee is required to provide for the abatement, control or removal under subsection (i) hereof.
(i) If, within seven days after notice is given, the owner of the land fails to abate, control or remove the vegetation, garbage, refuse, or debris, or no agreement for its abatement, control or removal is entered into under subsection (h) hereof, the Mayor or his designee shall provide for the abatement, control or removal and may employ the necessary labor, materials, and equipment to perform the task. All expenses incurred shall, when approved by the Mayor or his designee, be paid out of the Village’s general fund from monies not otherwise appropriated.
(j) The Mayor or his designee shall make a written report to the county auditor of the Mayor or his designee’s action under this section. The Mayor or his designee shall include in the report a statement of all expenses incurred in providing for the abatement, control or removal of any vegetation, garbage, refuse, or debris, as provided in subsection (i) hereof, including the Mayor or his designee’s charges for its services, notification, the amount paid for the labor, materials and equipment, and a proper description of the premises. The expenses incurred, when allowed, shall be entered upon the tax duplicate, and are a lien upon the land from the date of the entry, and shall be collected as other taxes and returned to the Village and placed in the Village’s general fund.
(Ord. 3034-08. Passed 6-19-08.)