[HISTORY: Adopted by the Board of Trustees of the Village
of Monticello 6-20-1977 by L.L.
No. 7-1977 (Ch. 58 of the 1976 Code). Amendments
noted where applicable.]
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 for 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:
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]
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.
[Amended 6-18-2007 by L.L. No. 13-2007]
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.
[Amended 6-21-1999 by L.L. No. 5-1999; 6-18-2007 by L.L. No. 13-2007]
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.
[Amended 2-4-2002 by L.L.
No. 4-2002]
A.
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.
B.
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.
C.
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.
[Amended 6-18-2007 by L.L. No. 13-2007]
D.
Method of boarding up structures.
(1)
All broken glass shall be removed from doors or windows of said building
or structure.
(2)
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.
(3)
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.
[Added 2-4-2002 by L.L.
No. 4-2002]
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.
[Added 2-4-2002 by L.L.
No. 4-2002; amended 6-18-2007 by L.L. No. 13-2007]
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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.[1]
[1]
Editor's Note: Original § 58-7 of the 1976
Code, Penalties for offenses, which immediately followed this section,
was repealed 6-21-1999 by L.L. No. 5-1999.
[Amended 2-4-2002 by L.L.
No. 4-2002]
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 § 109-10 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.
[Amended 6-21-1999 by L.L. No. 5-1999]
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.
[Amended 6-21-1999 by L.L. No. 5-1999; 2-4-2002 by L.L. No. 4-2002; 6-18-2007 by L.L. No. 13-2007]
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.
