A. Inspections Authorized: The director shall have authority to inspect the condition of buildings located within the village for the purpose of safeguarding the health and safety of all occupants and of the general public; provided, however, that such inspections must be made at reasonable times and upon reasonable notice to, and with the consent of, the owner and occupants, except when an existing emergency requires immediate action.
B. When Legal Process Required: If the owner or occupant refuses entry, then an order of court, subpoena and other legal process shall be necessary to any entry, examination or survey in connection with the inspections authorized by this section.
C. Inspection Upon Warrant: Whenever the director, after presentation of proper credentials and request for entry to inspect, is refused access to any building, the village is authorized to petition any judge for the issuance of a search warrant authorizing the inspection of such building, for the purpose of making such inspections as shall be necessary to the enforcement of the provisions of this chapter.
D. Owner's Right Of Entry: Every occupant of a building shall give the owner thereof, or his or her agent access to any part of such building, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this chapter or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this chapter. Entry pursuant to this subsection shall be made only at reasonable times and after reasonable notice to the owner and occupant unless an existing emergency requires immediate action.
E. Notice Required: Whenever in the opinion of the director, any violation of the provisions of this chapter is found to exist, the director shall, within fifteen (15) days after his determination of such violation, serve written notice of such alleged violation upon the owner. A copy of such notice shall be kept by the village clerk.
F. Method Of Service: Notice shall be given either by personal service or by mailing a copy thereof to the owner by first class United States mail, with proper postage prepaid, certified mail, return receipt requested, at the last known address of the owner listed by the Lake County recorder of deeds. Any person making such service shall execute an affidavit attesting to the facts of service. If neither personal service nor delivery by mail is effective to actually notify the owner or the identity or whereabouts of the owner cannot be ascertained, then notice mailed to the person or persons in whose name the premises were last assessed on the Lake County tax roll shall be sufficient notice.
G. Required Contents: Such notice may include more than one alleged violation, shall demand compliance with this chapter and shall specify a period of time for compliance, which shall be such time as, in the opinion of the director, is reasonably required to effect changes necessary for compliance.
H. Permissible Contents: Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with any rules and regulations adopted pursuant thereto.
I. Designation Of Dangerous Or Unsafe Building: If any alleged violation, of which notice has been given in conformity with this section, is not corrected or eliminated within the time specified in such notice (which shall allow at least 15 days for compliance except in the event of any condition posing an imminent danger to life or property), then in addition to exercising such other remedies as may be provided in this chapter, where the alleged violations are of such a nature or extent that, in the opinion of the director, they render the building a dangerous or unsafe building, the director shall make written findings that declare and designate the building as a dangerous or unsafe building and a public nuisance. Notice of such findings shall be given in compliance with the following procedures:
1. Notice And Placarding: The director shall serve notice of the designation of the building as a dangerous or unsafe building and a public nuisance, upon the owner of the building in the manner required by subsection F of this section and shall post a placard at the main entrance of the affected building. Where the identity or whereabouts of the owner cannot be ascertained, notice mailed to the person or persons in whose name the premises were last assessed on the Lake County tax roll shall be sufficient notice in addition to posting a placard.
2. Contents Of Notice And Placard: The notices and placards required by this subsection shall state that the affected building is by such notice or placard declared to be a dangerous or unsafe building and a public nuisance in accordance with the provisions of this chapter; shall state the specific alleged uncorrected violations of this chapter deemed sufficient to justify such designation; and shall further state that such designation may result in an order for demolition. Such notice shall require the party to appear before the building code official designated by the village at a hearing to be held at a specified place and time, not less than ten (10) days following the date of the notice, to show cause why the designated building or part thereof, should not be vacated and repaired or demolished in accordance with the provisions of this chapter.
3. Defacing Or Removing Placard Prohibited: No person shall deface or remove the placard required by this subsection from any building or part thereof, which has been designated as a dangerous or unsafe building and a public nuisance, except as provided in this chapter. (Ord. 10-12-25, 12-7-2010)