Loading...
(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
(A) Appeal to Police and Public Safety/Health and Property Chairperson.
(1) Any person aggrieved by a notice issued by the Code Enforcement Officer, in connection with any alleged violation of this subchapter or of any applicable rule or regulation issued pursuant thereto, or by any order requiring repair or demolition, may apply to the Police and Public Safety/Health and Property Chairperson for an administrative hearing for reconsideration of such notice or order provided such application is made within ten working days of the date the notice or order was issued.
(2) If the Police and Public Safety/Health and Property Chairperson holds an administrative hearing for reconsideration of the notice or order, the Police and Public Safety/Health and Property Chairperson shall prepare a summary of the conference and shall state the decision reached; each summary and statement shall become part of the public record.
(B) Action of Police and Public Safety/Health and Property Chairperson. After such hearing, the Police and Public Safety/Health and Property Chairperson shall sustain, modify or withdraw the notice or order, pursuant to his or her findings as to the compliance of the aggrieved person with the provisions of this subchapter and of the rules and regulations adopted pursuant thereto. If the Police and Public Safety/Health and Property Chairperson sustains or modifies such notice, it shall be deemed to be an order.
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99
No person shall own, maintain, rent or occupy any building or dwelling for the purpose of living, sleeping, cooking or eating therein which does not comply with the requirements of this section.
(A) A kitchen sink in good working condition and properly connected to a water supply system which meets appropriate village codes and which provides at all times an adequate amount of running water under pressure, and which is connected to a sewer system.
(B) Bathroom. Within a building or dwelling there shall be a room which affords privacy to a person within said room and which is equipped with a flush water closet in good working condition. Said flush water closet shall be properly connected to a water system that at all times provides an adequate amount of running water under pressure to cause the water closet to be operated properly, and shall be properly connected to a sewer system.
(C) Lavatory sink. The lavatory sink may be in the same room as the flush water closet or located in another room. The lavatory sink shall be in good working condition and properly connected to a water supply system which meets appropriate village codes which is properly connected to a sewer system.
(D) Bathtub or shower. Said bathtub or shower may be in the same room as the flush water closet or in another room and shall be properly connected to a water supply system which meets appropriate village codes and which is connected to a sewer system.
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99
No person shall occupy as owner occupant or let to another for occupancy any building or dwelling for the purposes of living therein which does not comply with the requirements of this section.
(A) Exterior requirements.
(1) Safety. Every foundation, roof, exterior wall, outside stair, every unenclosed porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair. Every outside stair or step shall have uniform risers and uniform treads.
(2) Foundations, walls, roofs and exterior surfaces. Every foundation, roof and exterior wall, door, skylight and window shall be reasonably weather-tight and damp free and shall be kept in sound condition and good repair. Floors, interior walls, and ceilings shall be sound and in good repair. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or by other protective covering or treatment. Walls shall be capable of affording privacy for the occupant.
(a) Every foundation, exterior wall, roof, and all other exterior surfaces shall be maintained in a workmanlike state of maintenance and repair and shall be kept in such condition as to exclude rodents.
(b) The foundation elements shall adequately support the building at all points.
(c) Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and any other conditions which might admit rain or dampness to the interior portions of the walls or to the occupied spaces of the building. All exterior surface materials must be kept in a favorable state of repair.
(d) The roof shall be structurally sound, tight, and have no defects which might admit rain, and roof drainage shall be adequate to prevent rain water from causing dampness in the walls or interior portion of the building.
(3) Windows, doors and hatchways. Every window, exterior door, and basement hatchway shall be tight and shall be kept in sound condition and repair.
(a) Every window sash shall be fully supplied with glass window panes or an approved substitute which contains no open cracks or holes.
(b) Every window sash shall be in good condition and fit reasonably tight within its frame.
(c) Every exterior door, door hinge, and door latch shall be maintained in good condition.
(d) Every door available as an exit in any building shall be capable of being opened from the inside easily and without the use of a key.
(e) Every exterior door, when closed, shall fit reasonably well within its frame.
(f) Every window, door and frame shall be constructed and maintained in such relation to the adjacent wall construction so as to exclude rain as completely as possible, and to substantially exclude wind from entering the dwelling or structure.
(g) Every basement hatchway shall be constructed and maintained so as to prevent the entrance of rodents, rain, and surface drainage water into the building or dwelling or structure.
(4) Fences. All fences shall be constructed of approved fencing material, shall be maintained in good condition and shall not create a harborage for rats. Wood materials shall be protected from decay by use of paint or by other preservative material. The permissible height and other characteristics of all fences shall conform to the appropriate statutes, ordinances and regulations of the village and the state.
(5) Accessory structures. Accessory structures present or provided by the owner, agent, or tenant occupant on the premises of a building or dwelling shall be structurally sound, and be maintained in good repair and free of insects and rats, or such structures shall be removed from the premises. The exterior of such structures shall be made weather-resistant through the use of decay-resistant materials or the use of paint or other preservatives.
(6) Chimney, flue, pipe, etc. Every chimney, flue, and smoke pipe and every other facility, piece of equipment, or utility which is present in a building or dwelling, or which is required under this subchapter, shall be constructed and installed in conformance with the appropriate statutes, ordinances, and regulations of the state.
(7) Conformance to law. All construction and materials, ways and means of egress, and installation and use of equipment shall conform to the appropriate statutes of the state.
(B) Interior requirements.
(1) Safety. Every interior floor, interior wall, ceiling, inside stair, every enclosed porch, and every appurtenance thereto, shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon; and shall be kept in sound condition and good repair. Every inside stair or step shall have uniform risers and uniform treads.
(2) Free from dampness. In every building, cellars, basements and crawl spaces shall be maintained reasonably free from dampness so as to prevent conditions conducive to decay or deterioration of the structure.
(3) Plumbing fixtures and pipes. Every plumbing fixture and all water waste pipes shall be properly installed and maintained in good sanitary working condition.
(4) Bathroom and kitchen floors. Every water closet compartment, bathroom and kitchen floor surface shall be constructed and maintained so as to be substantially impervious to water to prevent leaking into rooms adjacent or not and so as to permit such floor to be easily kept in a clean and sanitary condition.
(5) Structural members. The supporting structural members of every building shall be maintained structurally sound, showing no evidence of deterioration which would render them incapable of carrying the imposed loads.
(6) Interior stairs and railings. Stairs shall be provided in every structure if needed.
(a) All interior stairs of every structure shall be maintained in sound condition and good repair by replacing treads and risers that evidence excessive wear or are broken, warped, or loose. Every inside stair shall be so constructed and maintained as to be safe to use and capable of supporting a load.
(b) If present, every handrail or railing shall be firmly fastened and must be maintained in good condition.
(7) Sanitation. The interior of every building, dwelling, and structure shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage and other refuse shall be properly kept inside temporary storage facilities as required under this subchapter.
(8) Fire/smoke detectors. In a multi-family dwelling, at least one single station smoke detector, properly placed within 15 feet of any sleeping area, must be installed (see Chapter 18 of Life Safety Code, NFPA 72, 2019 Edition, paragraph on existing apartment buildings for particular specifications).
(Ord. 20-564, passed 5-4-2020) Penalty, see § 151.99
Loading...