[HISTORY: Adopted by the Village Board of
the Village of Belgium 12-12-2000 by Ord. No. 41-00 (Title 14, Ch. 2 of
the 1991 Code). Amendments noted where applicable.]
[Amended 6-13-2011 by Ord. No. 11-11]
No person shall occupy as owner-occupant or let to or offer
to let to another for occupancy any dwelling unit or portion thereof
for the purpose of living therein, or own or be in control of any
vacant dwelling unit which is not safe, clean, sanitary, and fit for
human occupancy and/or which does not comply with the following requirements:
A.
Every foundation, exterior wall and roof shall be reasonably weathertight,
watertight and rodentproof and shall be kept in a reasonably good
state of maintenance and repair.
B.
Every window, exterior door and basement hatchway shall be reasonably
weathertight and rodentproof and shall be kept in reasonably good
working condition and a reasonably good state of maintenance and repair.
C.
All exterior surfaces shall be properly protected from the elements
and against decay and deterioration by paint or by other approved
protective coating applied in workmanlike fashion and which provides
an attractive appearance.
D.
Every outside stairway, every porch and every appurtenance thereto
shall be so constructed as to be reasonably safe to use and capable
of supporting such a load as normal use may cause to be placed thereon
and shall be kept in sound condition and reasonably good state of
maintenance and repair.
E.
Every chimney and every supplied smoke pipe shall be adequately supported
and maintained in a reasonably good state of repair.
[Amended 6-13-2011 by Ord. No. 11-11]
No owner shall permit any nondwelling structure, accessory structure
or fence to exist which does not comply with the following requirements:
A.
Nondwelling structures and accessory structures shall be structurally
sound and be maintained in a reasonably good state of repair.
B.
All exterior surfaces of nondwelling structures and accessory structures
shall be properly protected from the elements and against decay and
decomposition by paint or other approved protective coating applied
in a workmanlike manner and which provides an attractive appearance.
C.
Every fence shall be kept in a reasonably good state of maintenance
and repair or shall be removed.
A.
Whenever the Building Inspector determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this chapter, the Building Inspector shall give
notice of such alleged violation to the person or persons responsible
therefor and to any known agent of such person as hereinafter provided.
Such notice shall:
(1)
Be in writing.
(2)
Contain a statement of the reasons why it is being
issued, including the specific provision or provisions of this chapter
which are alleged to have been violated.
(3)
Inform the recipient that the violation must be corrected
within 30 days of service of the notice, unless an extension of time
is granted by the Building Inspector or Zoning Board of Appeals.
(4)
Contain an outline of remedial action which, if taken,
will constitute compliance with the provisions of this chapter.
(5)
Be served upon the owner or his or her agent, as the
case requires, provided that such notice shall be deemed to be properly
served upon such owner or agent if a copy thereof is served upon him
or her personally, or is posted in a conspicuous place in or about
the dwelling affected by the notice, or if the owner or agent is served
with such notice by any other method authorized or required under
the laws of this state.
B.
Any person affected by any such notice may request
and shall be granted a hearing on the matter before the Zoning Board
of Appeals, provided that such person shall file in the office of
the Village Clerk, within 10 days after service of the notice, a written
statement of the grounds therefor. Upon receipt of such petition,
the Village Clerk shall arrange a time and place for such hearing
and shall give the petitioner written notice thereof. Such hearing
shall be held as soon as practicable after receipt of the request.
At such hearing the petitioner shall be given an opportunity to be
heard and to show cause why such notice should not be complied with.
[Amended 3-8-2010 by Ord. No. 2-10]
C.
After such hearing the Board shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this chapter have been complied with. If the Board shall sustain or modify such notice, it shall be deemed to be an order. Any notice served pursuant to Subsection A shall automatically become an order if a written petition for a hearing is not filed in the office of the Village Clerk within 10 days after such notice is served.
[Amended 3-8-2010 by Ord. No. 2-10]
D.
The proceedings at such hearing, including the findings
and decision of the Board, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Village
Clerk, and a signed copy of the decision shall be provided to the
petitioner. Such record shall also include a copy of every notice
or order issued in connection with the matter. Any person aggrieved
by the decision of the Board may seek relief therefrom in any court
of competent jurisdiction as provided by the laws of this state. Such
request for relief shall be presented to the court within 30 days
of the filing of the decision with the Village Clerk.
[Amended 3-8-2010 by Ord. No. 2-10]
Any person who shall violate any provision of this chapter or any order made hereunder shall be subject to a penalty as provided in Chapter 1, § 1-5 of this Code. Each violation and each day a violation continues or occurs shall constitute a separate offense. This section shall not preclude the Village from maintaining any appropriate action to prevent or remove a violation of this chapter.
