Building construction and fire prevention — See Ch. 105.
Demolition of buildings — See Ch. 112.
Unsafe buildings — See Ch. 119.
Housing standards — See Ch. 165.
Property maintenance — See Ch. 200.
Abandoned vehicles — See Ch. 248.
§ 109-1Legislative intent.
§ 109-4Notice of violation.
§ 109-5Method of securing structure.
§ 109-5.1Removal of debris.
§ 109-7Reimbursement of funds expended; penalty assessment.
§ 109-8Publication of notice.
§ 109-9Owners severally responsible.
§ 109-10Penalties for offenses; order to remedy.
The Village Board finds that the existence of vacant or abandoned structures to which access is easily obtainable by reason of broken windows or doors or other physical deterioration constitutes a potential threat to the safety, health, morals and general welfare of the residents of the Village of Monticello. Such abandoned structures may serve as sites or unlawful and immoral activities. Furthermore, persons attracted to them, such as transients and children, stand the risk of serious injury therein due to dilapidated and dangerous conditions. In addition, use of these abandoned structures by such persons also poses serious fire hazards from the careless use of matches and cigarettes. It is the intent of this chapter to prohibit the owner of any vacant or abandoned structure within the Village of Monticello from allowing it to remain open so as to provide unobstructed access thereto by the general public.
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED STRUCTURE
- A building or structure which is not currently inhabited or occupied
and to which access to the interior thereof may be gained by reason of open,
unlocked or broken windows or doors or because of other physical deterioration
or damage thereof.[Amended 6-21-1999 by L.L. No. 5-1999]
- CODE ENFORCEMENT OFFICIAL
- The Code Enforcement Official and/or Enforcement Officer of the Village
of Monticello.[Amended 6-18-2007 by L.L. No. 13-2007]
- The person or persons, firm, corporation or other entity which either by conveyance or inheritance or otherwise is vested with the title to the property on which the structure is situate or with the exclusive control of such structure in his capacity as a legal representative, such as administrator, executor, trustee, etc.
No owner shall maintain or suffer, permit or allow the existence of an abandoned structure after notice by the Code Enforcement Official and/or Enforcement Officer as provided in § 109-4.
If the Code Enforcement Official and/or Enforcement Officer determines that a building constitutes an abandoned structure, he shall notify the owner thereof, by certified mail, of such determination and shall direct the owner to board up the structure or take whatever other action may be appropriate to seal off the entrance or entrances thereto. The notice shall also advise the owner that he shall comply with the direction of the Code Enforcement Official and/or Enforcement Officer within 15 days or as may be set by the Code Enforcement Official and/or Enforcement Officer if imminent threat exists. The notice shall also advise that, in lieu of or in addition to any fine levied and subsequent to said 15 days, the Village may itself secure the structure and assess the full cost thereof as a lien against the property.
All buildings or structures, regardless of uses or height, located within the Village of Monticello, which are vacant, shall be maintained by the owner so as to prevent ingress into or egress from the building. All doors, windows and other means of ingress or egress shall be kept locked or secured. All garbage, debris and other combustible or flammable material shall be removed from the premises. This section shall apply to all commercial, industrial and residential properties located throughout the Village of Monticello.
Disconnection of utilities. All utilities are to be disconnected or service discontinued at the curb or property line except with written permission of the Building Inspector.
Securing of accessible entryways. Where any door, window or other means of ingress or egress from a vacant building or structure has become broken or open, the Building Inspector or Code Enforcement Official and/or Enforcement Officer may order the building or structure repaired so as to comply with the requirements of securing or boarding up as set forth below. Except for one locked exterior door, all openings shall be boarded up in accordance with Subsection D below.
Method of boarding up structures.
All broken glass shall be removed from doors or windows of said building or structure.
All exterior openings shall be fitted with boards cut to actual size with new material of exterior grade either plywood or pressboard having a minimum thickness of 1/2 inch and retained in place in a neat and workmanlike manner.
All plywood or pressboard used in boarding up shall be painted with exterior paint. The color and quality of the paint shall be harmonious to the existing structure.
Where a vacant building includes a storefront that is visible from the street or adjacent sidewalk, the owner of said vacant building shall remove all debris, trash, garbage and other material that may be visible to passersby from the street or adjacent sidewalk. There shall be no newspapers or other temporary window covering on store windows, such that the interior of the store is not visible from the street or adjacent sidewalk, for more than 90 days.
The Building Inspector and/or Code Enforcement Official and/or Enforcement Officer shall have the authority to ascertain and order the removal by the owner, agent, operator or occupant, of any and all violations on the property, premises, sidewalks, structures and structural appurtenances that may endanger the public health, safety and welfare or may depreciate property values in the neighborhood of the offending structure due to objects, materials and conditions on the offending premises.
The owner shall have 15 days from the date of the posting of the abandoned structure and the mailing of a copy of the notice to the last known owner of record or of the personal service of notice upon the owner to comply. Failure to comply shall constitute a violation of this chapter. A conviction of an owner shall not bar further prosecutions for noncompliance with this chapter subsequent to such conviction. An offense against this chapter shall constitute a violation.
The actual cost to the Village of any work done pursuant to this section, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connections therewith, together with any penalties as set forth in § 109-5G in the amount of $100 shall be certified by the Building Inspector to the Village Manager, and the amount thereof shall become and be a lien upon the property on which said work was performed by the Village, and the total amount thereof shall be added to or become a part of the next annual assessment roll at the time and in the manner prescribed by the Code of the Village of Monticello subject to all the provisions thereof.
If the owner cannot be ascertained or is not locatable, then a notice may be published once in each of two consecutive weeks in the official newspaper of the Village, advising of the existence of a structure and that, if the same is not secured within the time frame required under § 109-4 of this chapter, the Village will secure the structure and assess the cost thereof as a lien against the premises, which lien may be enforced as prescribed by law.
If the structure is owned by more than one owner, each owner shall severally be subject to prosecution for the violation of this chapter. Where one or more of the joint owners cannot be located or are without jurisdiction of the court, the joint owner or owners who are within the jurisdiction nevertheless may be prosecuted.
Any person who violates this chapter shall be liable for an administrative civil penalty of $100 per day for each day's violation after service of an order to remedy by the Building Inspector or Code Enforcement Official and/or Enforcement Officer. The imposition of a civil penalty shall be made by the Building Inspector after giving the property owner sufficient opportunity to comply with this chapter in the said order to remedy.