[HISTORY: Adopted by the Board of Trustees of the Village
of Wild Rose. Amendments noted where applicable.]
A.Â
It is hereby found and declared that premises exist within the Village
limits which are blighted because there exist thereon blighted buildings
or structures either due to faulty design, construction, or failure
to maintain them in a proper state of repair, or to improper management,
or due to the accumulation thereon of junk, wood, brick, cement block
or other unsightly debris, refrigerators, furnaces, appliances, machinery
or parts thereof, structurally unsound fences and other such items
which tend to depreciate property values and to jeopardize or be detrimental
to the health, safety, morals or welfare of the Village residents.
B.Â
It is hereby further found and declared that such blighted premises,
buildings or structures, contribute to the development of, or increase
in, disease, infant mortality, crime, and juvenile delinquency; that
conditions existing on such blighted premises are dangerous to the
public health, safety, morals and general welfare of the residents;
that conditions existing on such blighted premises necessitate excessive
and disproportionate expenditure of public funds for public health,
public safety, crime prevention, fire protection and other public
services; and that the conditions existing on such blighted premises
cause a drain upon public revenue and impair the efficient and economical
exercise of governmental functions in such areas.
C.Â
It is hereby further found and declared that the elimination of blighted
premises and the prevention of occurrence of blighted premises in
the future is in the best interests of the citizens of this Village,
and that the accomplishment of this end will be fostered and encouraged
by the enactment and enforcement of this section is hereby declared
to be essential to the public interest, and it is intended that this
section be liberally construed to effectuate the purpose heretofore
stated.
The following definitions shall only apply in the interpretation
and enforcement of this chapter:
Any building or structure which is wholly or partly used
or intended to be used for living or sleeping by human occupants and
includes any appurtenances thereto.
Any habitable room or group of adjoining habitable rooms
located within a dwelling and forming a single unit with facilities
which are used or intended to be used for living, sleeping, cooking
and eating of meals.
The control and elimination of insects, rodents or other
pests by eliminating their harborage places; by removing or making
inaccessible materials that may serve as their food; by poisoning,
spraying, fumigating, trapping; or any other approved pest-control
methods.
Shall, for the purpose of this section, be defined as follows:
Any public nuisance known in common law or in equity jurisprudence.
Any attractive nuisance which may prove detrimental to children
whether in a building or upon an unoccupied lot. This includes any
abandoned wells, shafts, basements and excavations; or any abandoned
refrigerators, furnaces, machinery or parts thereof, structurally
unsound fences and structures; or any lumber, trash, fences, debris
or vegetation which may prove a hazard for inquisitive minors.
Whatever is dangerous to human life or is detrimental to health.
Dwelling or nondwelling structures which tend to depreciate
property values and jeopardize or be detrimental to the health, safety,
morals or welfare of the Village residents due to faulty design or
construction or to failure to maintain them in a proper state of repair
or to improper management.
Any person living, sleeping or eating or having actual possession
of actual possession of a dwelling, dwelling unit or rooming unit.
Any person who has charge, care or control of a building
or part thereof in which dwelling or rooming units are let.
Any person who alone or jointly or severally with others
shall be the legally recorded holder of the title with or without
actual possession thereof, or who has charge, care or control of any
dwelling or dwelling unit as agent, owner, or as executor, administrator,
trustee or guardian of the estate of the owner. The term "owner" under
this section shall also include the legally recorded holder of a land
contract vendee interest.
Includes any individual, firm, corporation, partnership or
association.
Any lot, plot or parcel of land either occupied or unoccupied
by any dwelling or nondwelling structure.
A.Â
The responsibility of the owners are as follows:
(1)Â
To exterminate in the following cases:
(a)Â
When infestation exists in two or more units of a multiple-unit
structure.
(b)Â
When infestation exists in shared or public areas of a multiple
unit structure.
(c)Â
When infestation exists in a single unit of a multiple unit
or in a single-unit structure when infestation is due to failure of
the owner to maintain the dwelling in a rat-proof and reasonably insect-proof
condition.
(2)Â
To perform the responsibilities of the occupant when premises are
vacant.
(3)Â
In addition to the above, no owner shall permit any premises to exist
or any dwelling or nondwelling structure or fence to exist on any
premises which does not comply with the following requirements:
(a)Â
Maintenance of structures. Every foundation, exterior wall,
roof, window, exterior door, basement hatchway and every other entranceway
of every dwelling or nondwelling structure shall be so maintained
as to prevent the structure from becoming a harborage for rats and
shall be kept in a reasonably good state of maintenance and repair.
(b)Â
Protection of exterior wood surfaces. All exterior wood surfaces
of all dwelling or nondwelling structures shall be properly protected
from the elements and against decay by paint or other approved protective
coating applied in a workmanlike manner.
(c)Â
Maintenance of fences. Every fence shall be kept in a reasonably
good state of maintenance and repair or shall be removed.
(d)Â
Pest control. Every premises shall be so maintained as to prevent
the premises from becoming a harborage for rats and insect pests.
Whenever infestation with rodents or pests exists in any premises
upon which no structure or nondwelling structures are located, extermination
thereof shall be the responsibility of the owner.
B.Â
General cleanliness. The accumulation or storage of junk, wood, brick,
cement block or other unsightly debris, old automobiles or parts thereof,
trucks, tractors, refrigerators, furnaces, washing machines, stoves,
machinery or parts thereof, such as may tend to depreciate property
values in the area to create a nuisance or hazard shall not be allowed
on any lot or parcel or land within the limits of the Village except
as may be allowed by permit approved by the Village Board or except
when such materials are properly housed and out of public view.
When the Building Inspector, Health Officer and/or Fire Inspector
determines that there are reasonable grounds to believe that there
has been a violation of any provision which affects the safety of
any such occupants, or the safety of the general public, he/she shall
give notice of such alleged violation to the person or persons responsible
therefor, and to any known agent of such persons, as hereinafter provided.
Such notice shall:
A.Â
Be put in writing.
B.Â
Include a statement of the reasons why it is being issued.
C.Â
Allow a reasonable time for the performance of any act it requires.
D.Â
Be served upon the owner or his/her agent or the occupant as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally or if a copy thereof
is sent by registered mail to his/her last known address or if a copy
thereof is posted in a conspicuous place in or about the premises
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the laws of this state.
E.Â
Such notice must contain an outline of remedial action which, if
taken, will effect compliance with the provisions of this chapter.
