All buildings or structures which are structurally
unsafe, unsanitary or not provided with adequate egress, or which
constitute a fire hazard, or are otherwise dangerous to human life,
or which in relation to existing use constitute a hazard to safety
or health by reason of inadequate maintenance, dilapidation, obsolescence,
or abandonment are, severally, for the purpose of this chapter, unsafe
buildings. All such unsafe buildings are hereby declared to be illegal
and shall be abated by repair and rehabilitation or by demolition
in accordance with the procedure of this section.
The Building Inspector shall examine or cause
to be examined every building or vacant area reported as unsafe or
damaged, and shall make a written record of such examination.
Whenever the Building Inspector shall find any building or structure, or portion thereof, or any area, to be unsafe as defined in this chapter, he shall, in the same manner as provided for the stop orders in § 43-18 of this chapter, give to the owner, agent or person in control of such building or structure or area, written notice stating the defects thereof. This notice shall require the owner within a stated time either to complete specified repairs or improvements, or to demolish and remove the building, or structure, or portion thereof.
A.
If the Building Inspector finds that there is actual
and immediate danger of failure or collapse so as to endanger life,
such notice shall also require the building, structure or portion
thereof to be vacated forthwith and not reoccupied until the specific
repairs and improvements are completed, inspected, and approved by
the Building Inspector. The Building Inspector shall cause to be posted
at each entrance of such a building a notice: THIS BUILDING IS UNSAFE
AND ITS USE OF OCCUPANCY HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR.
B.
Such notice shall remain posted until the required
repairs are made or demolition is completed. It shall be unlawful
for any person, firm or corporation, or their agents to remove such
notice without written permission of the Building Inspector or for
any person to enter the building except for the purpose of making
repairs or of demolishing same.
In case the owner, agent or person in control
cannot be found within the stated time limit, or if such owner, agent
or person in control shall fail, neglect, or refuse to comply with
notice to repair, rehabilitate, or to demolish and remove said building,
or structure, or portion thereof, the Village Counsel shall be advised
of all the facts in the case and shall institute an appropriate action
in the court to compel compliance.
In case of emergency in connection with any
building or structure, or portion thereof, or any area which, in the
opinion of the Building Inspector, involves imminent danger to human
life or health, he shall promptly cause such building, structure or
portion thereof, or any area, to be made safe or be removed. For this
purpose he may at once enter such structure or land on which it stands,
or abutting land or structure with such assistance and at such cost
as may be necessary. He may protect the public by appropriate barricades
or such other means as may be necessary, and for this purpose may
close a public or private way.
[Amended 4-19-2012 by L.L. No. 3-2012]
A.
All amounts
incurred by the Village under this chapter in connection with any
remediation, repair or removal of any building, structure or condition
that is determined by the Village or the Village Building Inspector
to be unsafe, and relating to any parcel or parcels of real property
within the Village, shall be certified by the Village Clerk after
the owner of the affected real property has been given an opportunity
to be heard with respect thereto, as provided below. All such certified
amounts shall be due and payable within 30 days after written demand
for payment thereof shall be delivered by the Village Clerk, by certified
mail, return receipt requested, to the last record owner of the property
affected, as evidenced by the then-current real property assessment
rolls for the Village.
B.
The Village
Clerk shall provide 10 days' prior written notice to the last record
owner of the affected property, setting forth the date, time and place
of the meeting of the Board of Trustees at which the Board shall audit
and determine the amounts of costs, expenses and other amounts incurred
by the Village and payable by such property owner in connection with
the repair, remediation or removal of buildings, structures or conditions
on such owner's property that the Board of Trustees or Village Building
Inspector has determined to be unsafe and requiring such remediation,
repair or removal. At such meeting, such last record owner of the
affected property shall be given an opportunity to be heard with respect
to the necessity for, and the amount of, the proposed assessment before
the same is finally determined and notice thereof is delivered to
such record owner. At the conclusion of such hearing, the Board of
Trustees shall determine the amount of such assessment and shall advise
the Village Clerk, who shall certify such amount.
C.
Any such amounts certified by the Village Clerk and remaining unpaid on the 30th day after the Village Clerk has delivered notice thereof, as provided in Subsection A above, shall accrue interest at the same rate applicable to delinquent real property taxes until paid or otherwise satisfied or discharged.
D.
All such
unpaid amounts certified by the Village Clerk, together with accumulated
interest, shall constitute a lien and charge upon the parcel or parcels
of real property within the Village with respect to which such costs,
expenses and other amounts have been incurred by the Village and may
be collected by a civil action, lawsuit or proceeding in the name
of the Village.
E.
If the Village incurs any fees, costs or expenses, including legal and expert fees, costs and expenses, in order to collect any amounts constituting a lien upon any parcel or parcels of real property under the preceding Subsection D of this section (each, for purposes of this subsection, a "liened parcel"), then the amounts of such fees, costs or expenses of collection shall be certified by the Village Clerk. Such certified amounts relating to collection shall be the joint and several obligation of each owner of each such liened parcel and shall be due and payable to the Village within 30 days after a written demand for payment thereof shall be delivered by the Village Clerk, by certified mail, return receipt requested, to each such last record owner of each such liened parcel, as evidenced by the then-current real property assessment rolls for the Village. All such unpaid certified amounts relating to collection shall accrue interest at the same rate applicable to delinquent real property taxes until paid or otherwise satisfied or discharged. Such unpaid certified amounts relating to collection shall also constitute a lien and charge upon each such liened parcel, and may be collected by a civil action, lawsuit or proceeding in the name of the Village.
[Added 5-3-2004 by L.L. No. 1-2004]
All construction shall comply with the requirements of Chapter 122, Trees.
