(a) (1) Whenever an owner, or other such person acting in the same capacity and having the same responsibilities as an owner of a residential rental unit or dwelling fails, neglects or refuses to make repairs or other corrective action as called for by an order or notice of violation issued pursuant to Section 1341.09, the Housing Rental Inspector may undertake such repairs or action when, in his judgment, or by a court order, a failure to make them will endanger the public health, safety or welfare. The cost of such repairs and action will not exceed fifty percent (50%) of the fair market value of the structure to be repaired. The fair market value will be that value which is on record at the County Auditor’s office.
(Ord. 1346. Passed 8-14-90.)
(2) When repairs are made or other corrective action taken at the direction of the Housing Inspector, 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 amount of this debt within thirty days of written notice from the Housing Inspector to do so, the expenses of the repairs and all associated costs shall be recovered by an action at law or certified by the Fiscal Officer to the County Auditor for placement on the tax duplicate and collected as provided by law for taxes.
(b) Designation of Unfit Residential Rental Unit.
(1) Any residential rental unit shall be designated as unfit for human habitation when any of the following defects or conditions are found, and when, in the judgment of the Housing Inspector, such defects 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 and/or contains hazardous levels of lead-based paint or other substance.
B. Lacks illumination, heat, ventilation and/or required sanitation facilities (including water, sewer and bathroom facilities).
C. The general condition of location is unsanitary, unsafe and/or unhealthful.
(2) Whenever any residential rental unit has been designated as unfit for human habitation, the Housing Inspector shall placard that structure indicating that 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 more than thirty days.
A. Whenever any residential rental unit has been placarded and vacated, the Housing Inspector shall order services and utilities to be turned off or disconnected and all utility meters to be removed.
(3) No residential rental unit which has been designated as unfit for human habitation, has been placarded as such and vacated shall be used again for human habitation until written approval is secured from the Housing Inspector and the placard removed by the Housing Inspector.
(4) The Housing Inspector shall rescind the designation as unfit for human habitation and remove the placarding when the defect or condition upon which such designation and placard was based has been removed or eliminated and the residential rental unit is deemed by the Housing Inspector as a safe, sanitary, and fit place or unfit for human habitation.
(Ord. 1320. Passed 12-12-89.)
(5) No person shall deface or remove the placard from the residential rental unit which has been designated as unfit for human habitation and has been placarded as such, except as provided in subsection (b)(4). Any person, firm, or corporation who defaces or removes such placard is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or shall be confined to jail for not more than sixty days or both. (Ord. 2009-31. Passed 10-27-09.)
(6) Any person affected by any decision of the Housing Inspector or by any designation or placarding of a residential rental unit as unfit for human habitation shall be granted a hearing on the matter before the Housing Code Appeals Board under the procedure set forth in Section 1341.12.
(c) Demolition of Residential Rental Units Designated as Unfit for Human Habitation.
(1) The Housing Inspector shall order a residential rental unit to be demolished if it has been designated as unfit for human habitation, has been placarded as such, has been vacated, has not been put into proper repair so as to rescind the designation as unfit for human habitation and to cause the placard to be removed, and is determined by the Housing Inspector not to warrant repair under subsection (a)(1).
(2) The owner of any residential rental unit which has been ordered demolished shall be given notice of this order in the manner provided for service of notice in Section 1341.09 and shall be given a reasonable time, not to exceed ninety days, to demolish such structure.
(3) Any owner aggrieved by the notice to demolish may within fourteen days seek a reconsideration of the matter in the manner hereinafter provided, and may seek a hearing in the manner provided in Section 1341.12.
(4) When the owner fails, neglects, or refuses to demolish an unfit, unsafe, or unsanitary residential rental unit within the requisite time, the Housing Inspector may apply to a court of competent jurisdiction for a demolition order. The court may grant such order when no reconsideration or hearing on the matter is pending. In the event the owner fails, neglects, or refuses to pay the demolition expenses within thirty (30) days of written notice from the Housing Inspector to do so, the expenses of the demolition and all associated costs shall be recovered by an action at law or certified by the Fiscal Officer to the County Auditor for placement on the tax duplicate and collected as provided by law for taxes.
(5) Whenever a structure is demolished, whether carried out by the owner or by the Housing Inspector, such demolition shall include the filling in of the excavation on which the demolished dwelling or rooming house was located in such manner as to eliminate all potential danger to the public health, safety, or welfare arising from such excavation.
(6) All demolition shall be preceded by an inspection of the premises by the Housing Inspector to determine whether or not extermination procedures are necessary. If the premises are found to be infested, appropriate rat extermination to prevent the spread of rats to adjoining or other areas shall be instituted before, during, and after demolition.
(Ord. 1320. Passed 12-12-89.)