[HISTORY: Adopted by the Board of Trustees of the Village of Lake
Grove 11-16-1978 as Ch. 68 of the 1978 Code. Amendments
noted where applicable.]
A.Â
The Village Code Enforcement Officer or
the Building Inspector or such other official of the Village of Lake Grove
as may be designated by the Village Board, upon notification that excavated
lands, abandoned foundations or other excavated land and property may constitute
a hazard to public safety, shall make an inspection thereof and report his
findings to the Village Board.
B.Â
Upon receipt of the inspector's report that the
excavated land does constitute a hazard to public safety, the Village Board
shall hold a public hearing and give notice thereof by publishing a notice
of such hearing in the official village newspaper at least 10 days prior to
such hearing and by mailing notice thereof by certified mail to the owner
of record, as appears on the assessment roll of the Village of Lake Grove,
at least 10 days prior to the date of the hearing.
If, after a public hearing, the Village Board shall determine that the
existence of such excavated lands and property constitutes a hazard to public
safety, it shall make an order directing that notice be served by certified
mail on the owner of record of such land addressed to the address shown on
the last preceding assessment roll of the Village of Lake Grove. Said notice
shall contain a description sufficient to identify the premises, a statement
that it constitutes a hazard to public safety and an order directing that
said premises be filled in by or on behalf of the owner within 30 days after
service of the notice.
In the event of the neglect or refusal of the owner to comply with the
foregoing order, the Village Board may designate the Superintendent of Public
Works or such other appropriate official of the Village of Lake Grove to fill
in such excavated lands and property and assess the cost thereof against such
lands and property as herein provided.
All costs and expenses incurred by the Village of Lake Grove hereunder
shall be assessed against such lands and property as follows: The Superintendent
of Public Works or such other appropriate village official as may be designated
shall serve personally or by certified mail upon the owner of such property,
at the same address, a written notice stating that at a time and place specified
therein, he will assess such cost against such property. Such notice shall
be served at least eight days previous to the time specified therein. If directed
against a corporation, it may be served upon the corporation at its principal
place of business, upon an agent of the corporation within the village or
upon the Secretary of State. Notice served upon the Secretary of State shall
be served at least 12 days previous to the time specified therein. At the
time and place so specified, he shall hear the parties interested and shall
thereupon complete the assessment, stating therein the name of each owner
and the amount so assessed, and shall return such assessment to the Village
Clerk, who shall present the same to the Village Board. Such Board shall certify
such assessment to the Village Receiver of Taxes, who shall cause the amount
stated therein to be levied against such property, and any uncollected assessment
shall be a lien upon the land affected. Such amount shall be levied and collected
at the same time and in the same manner as other village taxes and shall be
paid to the Village Receiver of Taxes, to be applied in reimbursing the fund
from which such cost was defrayed.
All material used as fill shall be free from garbage, refuse, offal,
combustible or any other deleterious or unwholesome matter.
