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(A) Notice to owner/occupant. Before making inspections pursuant to a plan authorized by the Police and Public Safety/Health and Property Chairperson, the Code Enforcement Officer shall advise the owner/occupant of the plan to inspect.
(B) Inspection. The Code Enforcement Officer or a police officer shall enforce the provisions of this subchapter and is hereby authorized and directed to make inspections pursuant to one or more plans for inspection as indicated in § 151.20, or in response to a complaint that an alleged violation of the provisions of this subchapter may exist; or when the Code Enforcement Officer has valid reason to believe that a violation of this subchapter or any rules and regulations adopted pursuant thereto has been or is being committed.
(C) Time of inspection. The Code Enforcement Officer is hereby authorized to enter and inspect, between the hours of 8:00 a.m. and 5:00 p.m. or by appointment, all buildings and dwellings, subject to the provisions of this subchapter for the purpose of determining whether or not there is compliance with its provisions.
(D) Premises inspection. The Code Enforcement Officer is hereby authorized to inspect the premises surrounding buildings and dwellings, subject to this subchapter, for the purpose of determining whether or not there is compliance with its provisions.
(E) Access. The owner, occupant or other person in charge of a building or dwelling, upon presentation of proper identification by the Code Enforcement Officer, a copy of any relevant plan of inspection pursuant to which entry is sought, and a schedule of the specific areas and facilities to be inspected, shall give the Code Enforcement Officer entry and free access to every part of the building or dwelling, or to the premises surrounding any of these.
(F) Confidentiality. The Code Enforcement Officer shall keep confidential all evidence, exclusive of the inspection record, which he or she may discover or obtain in the course of an inspection made pursuant to this subchapter, but such evidence may be used in any Code Enforcement proceeding.
(G) Petition to court. If any owner, occupant, or other person in charge of a building or dwelling fails or refuses to permit free access and entry to the structure or premises under his or her control, or any part thereof, with respect to which an inspection authorized by this subchapter is sought to be made, the Code Enforcement Officer may, upon a showing to the court that probable cause exists for the inspection and for the issuance of an order directing compliance with the inspection requirements of this subchapter with respect to such building or dwelling, seek to obtain an order from a court of competent jurisdiction permitting access.
(Ord. 20-564, passed 5-4-2020)
(A) Whenever the Code Enforcement Officer determines that any building, dwelling, or the premises surrounding any of these fails to meet the requirements set forth in this subchapter, the Code Enforcement Officer, in accordance with the existing code, shall issue a notice setting forth alleged violations and advising the owner, occupant, operator, or agent that such violations must be corrected. This notice shall:
(1) Be in writing;
(2) Set forth the alleged violations of this subchapter or of the applicable rules and regulations issued pursuant thereto;
(3) Describe the building or dwelling where the violations are alleged to exist or to have been committed;
(4) Specify an appropriate or acceptable method of correction;
(5) Specify a specific date for the correction of any violation alleged; and
(6) Be served upon the owner, occupant, operator, or agent of the building or dwelling:
(a) Personally;
(b) By registered mail, return receipt requested, addressed to the owner, occupant, operator or agent at his or her last known address; or
(c) By posting the notice in or about the building or dwelling described in the notice.
(B) Re-inspection. At the end of the period of time allowed for the correction of any violation alleged, the Code Enforcement Officer shall re-inspect the building or dwelling described in the notice.
(C) Legal proceedings or vacation order. If upon re-inspection the violations are determined by the Code Enforcement Officer not to have been corrected, the Code Enforcement Officer shall initiate legal proceedings for the immediate correction of the alleged violations and/or shall order the building or dwelling vacated within 30 days.
(D) Penalty. For any alleged violation of which notice as aforesaid has been given, the owner or occupant shall be subject to the penalty provisions of § 151.99 for each such uncorrected violation, and each day such violation continues after service of the notice shall constitute a separate offense.
(Ord. 20-564, passed 5-4-2020)
(A) Whenever in the judgement of the Code Enforcement Officer an emergency exists which requires immediate action to protect the public health, safety, or welfare, an order may be issued, without a hearing or appeal, directing the owner, occupant, operator or agent to take such action as is appropriate to correct or abate the emergency. If circumstances warrant, the Code Enforcement Officer may act to correct or abate the emergency.
(B) Notice served. Immediately after the violation is corrected by the Code Enforcement Officer under the procedure described in division (A) above, the Code Enforcement Officer or Police Officer shall serve or cause to be served a copy of the order on the owner or manager pursuant to the procedures outlines in § 151.22.
(C) Order. The order issued under this section shall:
(1) Contain a description of the dwelling sufficient to identify and locate it;
(2) Set out the particulars of the violation and the reasons why such violation constituted an urgent hazard to health and safety of any person;
(3) Have appended thereto a statement setting out the measures taken by the village and the amount expended by the village in so doing; and
(4) Contain notice of the appellate procedures contained in § 151.24.
(D) Appeal. The owner, occupant, operator, or agent, at his or her request, shall be granted a hearing before the Police and Public Safety/Health and Property Chairperson concerning the emergency order served upon him or her, as soon as practicable, but such appeal shall in no case stay the abatement or correction of such emergency.
(E) Recovery of costs. When repairs are made or other corrective action is taken at the direction of the Code Enforcement Officer, the cost of such repairs and corrective action shall constitute a debt in favor of the village against the owner of the repaired structure. In the event such owner fails, neglects or refuses to pay the village the amount of this debt, it shall be recoverable in a civil action against the owner or his or her successor, brought in a court of competent jurisdiction by the village, which shall possess all rights of a private creditor.
(F) Liens. In addition to other method of recovery, the cost of repair or other corrective action incurred by the village is recoverable from the owner or owners of such real estate and is a lien thereon, which lien is superior to all prior existing liens and encumbrances, except taxes; provided, that within 60 days after such repair or corrective action, the village shall file notice of lien of such costs and expenses incurred in the office of the recorder of deeds. The notice of lien must consist of a supporting statement setting out:
(1) A description of the real estate sufficient for identification thereof;
(2) The amount of money representing the cost and expense incurred; and
(3) The date or dates when the cost and expense was incurred by the village. Upon payment of the cost and expense by the owner of or persons interested in the property after notice of lien has been filed, the lien shall be released by the village and the release may be filed of record as in the case of filing notice of lien. The lien may be enforced by proceedings to foreclosure as in the case of mortgages or mechanic's liens. Suit to foreclose such lien must be commenced within three years after the date of filing notice of lien.
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99
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