(a) Uncorrected Violation. If upon reinspection one or more of the alleged violations are determined by the Housing Inspector not to have been corrected, the Housing Inspector shall enforce this regulation by initiating one or more of the following penalties and/or corrective actions.
(b) Minor Misdemeanor. Any person who continues in violation of any provision of this chapter after the time allowed to him for the correction of an alleged violation or violations in the notice provided in Section 1313.15 shall be deemed in violation of this chapter which shall constitute a minor misdemeanor subjecting the violator to a fine of up to one hundred dollars ($100.00). Each day of violation shall constitute a separate offense.
(c) Repairs and Corrective Action; Certification as a Lien.
(1) Village may make repairs. Whenever an owner or agent of a dwelling or dwelling unit fails, neglects or refuses to make the repairs or other corrective action called for by the notice of violation issued pursuant to Section 1313.15, the Inspector may undertake such repairs or other corrective action when in his judgment a failure to make them will endanger the public health, safety or welfare, and the cost of such repairs or other action will not exceed fifty percent (50%) of the fair market value of the structure to be repaired.
(2) Notice of intent. Notice of the intention to make such repairs or to take other corrective action shall be served upon the owner or agent pursuant in the manner provided in Section 1313.15(a)(5).
(3) Access; obstruction. Every owner or agent of a dwelling or dwelling unit who has received notice of the intention of the Inspector to order repairs or take other corrective action shall give entry and free access to the Housing Inspector and his designated repair persons for the purpose of making such repairs. Any owner or agent of a dwelling or dwelling unit who refuses, impedes, interferes with or hinders, or obstructs entry by such Inspector and/or his designated repair persons shall constitute a minor misdemeanor subject to the penalties as set forth in subsection (b) hereof for each failure to comply with this section.
(4) Certify cost to real estate taxes. When repairs are made or other corrective action taken at the direction of the Inspector, the cost of such repairs and corrective action shall constitute a debt in favor of the Municipality against the owner of the repaired dwelling or dwelling unit. In the event such owner fails, neglects, or refuses to pay the Municipality the amount of this debt within thirty days, the Inspector shall certify the cost and expense of repairs or other corrective action to the Clerk of Council who shall then certify the costs and expenses to the County Auditor and the same shall become a lien upon the real estate which is the subject of the repair and/or corrective action.
(d) Designation of Unfit Dwelling or Dwelling Units.
(1) Unfit dwelling. Any dwelling or dwelling unit may be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the judgment of the Inspector, such defects or conditions create a hazard to the health, safety, or welfare of the occupants or of the public:
A. Is damaged, decayed, dilapidated, unsanitary, unsafe, and/or vermin-infested.
B. Lacks illumination, ventilation, and/or requires toilets.
C. The general condition of location is unsanitary, unsafe, and/or unhealthful.
(2) Placard and order to vacate. Whenever any dwelling or dwelling unit has been designated as unfit for human habitation, the Inspector shall placard the dwelling or dwelling unit indicating it is unfit for human habitation, and, if occupied, shall order the dwelling or dwelling unit vacated within a reasonable time, such time to be not less than fifteen nor more than sixty days.
A. Terminate utilities. Whenever any dwelling or dwelling unit has been placarded and vacated, the Housing Inspector shall order services and utilities to be turned off or disconnected.
B. Violation. Any person who occupies a placarded dwelling or dwelling unit after the period for vacating has expired or who removes a placard without permission of the Inspector shall be guilty of a minor misdemeanor and subject to a fine of up to one hundred dollars ($100.00). Each day of violation shall constitute a separate offense.
(e) Injunction. The Housing Inspector shall have the authority to institute injunctive legal proceedings in the appropriate court to require the compliance with this chapter and any orders issued thereunder.
(Ord. 980. Passed 10-11-93.)