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(A) Structures which are vacant or unfit for human habitation, occupancy, or use, but not in danger of structural collapse, may be ordered closed by the Property Maintenance Officer. The order for closure shall be conveyed to the owner of the property at the address most recently on file with the County Auditor’s office, or to the person or persons having control of the real estate or via a placard of condemnation posted on the premises. Having received the order for closure, structures shall be secured with sturdy plywood, or other materials approved by the Property Maintenance Officer within the time specified in the order.
(B) Vacant or condemned structures, with or without a closure order from the village, shall have at least one “no trespassing” sign posted on a prominent place on each outside wall.
(C) Plywood or other approved materials, used to close up vacant or condemned structures shall be painted a color compatible with the color of the structure to which the materials are attached.
(Prior Code, § 1416.07) (Ord. 699, passed 9-2-2003)
(A) All fences, walls or similar structures shall be anchored firmly to the ground, shall be constructed in a workmanlike manner, and shall be maintained in a manner that fences, walls or similar structures shall always be in a state of good structural repair. All wooden and metal fences shall be treated periodically with chemicals and paint as will retard deterioration.
(B) Fences, walls and similar structures not in a state of good structural repair shall be rehabilitated or removed as necessary.
(Prior Code, § 1416.08) (Ord. 699, passed 9-2-2003)
(A) Notice. Whenever the Property Maintenance Officer determines that there has been a violation of this subchapter or has reasonable grounds to believe that a violation has occurred, or whenever any structure or equipment has been condemned under the provisions of this subchapter, the Property Maintenance Officer or other designee of the village shall give notice to the owner or person or persons responsible for the property in the manner prescribed. If the property has been condemned in whole or in part, the Property Maintenance Officer or his or her designee shall give notice to the owner or to the occupants of the intention of the village to placard and to vacate the property, or to order equipment out of service.
(B) Form. All notices as set forth shall be in writing and shall include the following:
(1) A description of the real estate which is sufficient for necessary identification;
(2) A statement of the reason or reasons why the notice is being issued, including specific references to the ordinance or ordinances so violated; and
(3) A correction order allowing a reasonable time for any necessary repairs and improvements which will bring the dwelling unit or structure or equipment into compliance with the provisions of this subchapter.
(C) Service. Service shall be deemed to be properly served upon any owner or person in possession of any property in violation of this subchapter if a copy is delivered to that person or owner personally; or by leaving the notice at the usual place of abode in the presence of someone in the family of suitable age and discretion who shall be informed of the contents; or by certified or registered mail addressed to the owner or person in possession at their last known address with return receipt requested; or if the certified mail or registered letter is returned with receipt showing that it has not been delivered, by posting a copy in a conspicuous place in or about the structure affected by the notice, and publishing the notice in a local newspaper of general circulation at least once a week for two consecutive weeks.
(D) Service on occupants. When a condemnation order is served on an occupant other than the owner or person responsible for the compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is a failure of compliance.
(Prior Code, § 1416.09) (Ord. 699, passed 9-2-2003)
(A) Remodeling, rehabilitation and new construction activities shall require the same permits from the village, county or other authorizing source, and the payment of the same fees, as would be required on a new structure or undeveloped premises. This requirement shall pertain to structural and building support systems and shall not pertain to superficial structural embellishments like siding, roofing, and the like.
(B) Whenever it comes to the attention of the Property Maintenance Officer that work is being performed contrary to this subchapter, a stop-work order shall be promptly issued to the owner of premises involved, the agent of the owner, or the person doing the work. The Property Maintenance Officer shall also post a placard at the site of the work informing the public and all concerned that work at the site has been stopped by official order. The order shall be written and state the conditions under which the work may be resumed. The order shall also direct the performance of the work as may be necessary to remove any violations of the codified ordinances. A stop-work order shall not obviate the need for nuisance abatement in accord with schedules specified elsewhere in this subchapter.
(Prior Code, § 1416.10) (Ord. 699, passed 9-2-2003)
The village shall keep an itemized account of those expenses it incurs to abate nuisances on behalf of a private property owner or tenant. The total cost incurred for administration, labor, personnel, materials and equipment may either be collected through civil litigation directed against the property owner or may be certified by the Village Fiscal Officer to the County Auditor, and by the Auditor placed upon the tax duplicate to be a lien upon the duplicate and to be collected as other taxes and returned to the village, with the effect that the total cost of the work constitutes a lien on the property which has priority ahead of any and all mortgages on the premises. The collection proceedings or certification to the Auditor shall only be initiated by the village after property owners, or others with an interest in the property, have been offered at least 30 days to remit full payment for charges incurred.
(Prior Code, § 1416.11) (Ord. 699, passed 9-2-2003)
No officer, agent or employee or the village shall be personally liable for any damage resulting from any official determination, order or action required or permitted in the discharge of duties under the provisions of this subchapter. The village shall defend and indemnify the Property Maintenance Officer and any other employee or official specifically designated and authorized to make official determinations, orders and actions, against any judgments or liabilities that may arise as a result of official action taken by them in the discharge of their duties under this subchapter.
(Prior Code, § 1416.12) (Ord. 699, passed 9-2-2003)
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