[HISTORY: Adopted by the Board of Trustees
of the Village of Pomona 6-15-1971. Amendments noted where applicable.]
GENERAL REFERENCES
Fire prevention — See Ch. 74.
[Added 2-8-1988 by L.L. No. 1-1988]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not limited to:
Any building, shed, fence or other man-made
structure which is dangerous or unsafe to the public health and welfare
because of its condition and which may cause or aid in the spread
of disease or injury to the health of the occupants thereof or neighboring
structures.
Any building, shed, fence or other man-made
structure which, because of faulty construction, age, lack of proper
repair or any other cause, is especially liable to fire and constitutes
or creates a fire hazard.
Any building, shed, fence or other man-made
structure which, by reason of faulty construction or any other cause,
is liable to cause injury or damage by collapsing or by a collapse
or fall of any part of such structure.
Any building, shed, fence or other man-made
structure which, because of its condition or because of lack of doors
or windows, is available to and/or frequented by children or other
persons who are not lawful occupants of the structure.
[Amended 6-25-2007 by L.L. No. 6-2007]
[Added 2-8-1988 by L.L. No. 1-1988]
It shall be unlawful to maintain or permit the
existence of any dangerous or unsafe building in the Village of Pomona,
and it shall be unlawful for the owner, occupant or person in charge
or custody of any dangerous or unsafe building to permit same to remain
in a dangerous or unsafe condition or to occupy such building or permit
it to be occupied while it is or remains in a dangerous or unsafe
condition. Any such dangerous or unsafe building is hereby declared
to be a nuisance.
[Amended 6-25-2007 by L.L. No. 6-2007]
The Building Inspector and/or the Code Enforcement
Officer of the Village of Pomona are hereby authorized to enforce
this chapter. When, in the opinion of the Building Inspector/Code
Enforcement Officer, a structure is deemed to be a dangerous or unsafe
building, he shall give written notice of such condition to the occupants
thereof and to the last known owner of the premises as shown on the
Village tax roll, which notice shall also order the repair, removal,
securing or demolition of the structure.
[Amended 2-8-1988 by L.L. No. 1-1988; 6-25-2007 by L.L. No.
6-2007]
A.
The notice and order specified in § 50-3 above shall contain the following information and such other information as the Building Inspector/Code Enforcement Officer shall deem necessary:
(1)
The location of the structure, giving the tax lot
and block and street address, if any.
(2)
A brief statement setting forth the particulars in
which and the reasons why said structure is deemed unsafe or dangerous.
(3)
That correction of the condition must be made within
a stated specified time period and, if not corrected within said time
period, that an appearance ticket may be issued and/or the Board of
Trustees may order the condition to be corrected and the cost thereof
assessed against the property as a tax lien.
B.
The notice and order shall be served in any one of
the following ways:
(1)
By personal service upon the owner of the land as
the same is shown on the last completed tax roll of the Village;
(2)
By mailing a copy of said notice and order to such
owner at the address shown on the last completed tax roll of the Village
by certified mail and by securing or affixing a copy of said notice
and order upon the structure;
(3)
By delivery of a copy of said notice and order to
any adult person occupying or residing in said structure and by securing
or affixing a copy thereof upon the structure.
[Amended 2-8-1988 by L.L. No. 1-1988; 6-25-2007 by L.L. No.
6-2007]
A.
In the event correction of the condition stated in
the notice and order is not made within the time specified in said
notice and order, the Building Inspector/Code Enforcement Officer
shall notify the Board of Trustees that a dangerous or unsafe building
exists and shall transmit a copy of the notice and order to said Board
with a statement that correction of the condition has not been made.
B.
The Board of Trustees shall:
(1)
Schedule a hearing to determine if the structure specified
in the notice and order is a dangerous or unsafe building.
(a)
Notice of said hearing shall be given to the
last known owner of the property at the address shown on the last
completed tax roll by certified mail at least 10 days prior to the
date of said hearing.
(b)
The notice of hearing shall specify the conditions
complained of and shall state that, in the event the Board of Trustees
determines that the structure is a dangerous or unsafe building, the
Board will order correction to be made and the cost thereof, including
reasonable attorneys' fees, engineering fees, administrative costs
and the cost of the work performed, will be charged against the property
as a tax lien. The notice shall also state that the owner has a right
to be heard at the hearing either in person or by submitting written
testimony.
(2)
At the conclusion of the hearing, the Board of Trustees
shall issue findings of fact either determining that the structure
is a dangerous or unsafe building or determining that the structure
is not a dangerous or unsafe building. In either case, the Board shall
state the factual reasons for the determination.
(3)
If the Board determines that the structure is a dangerous
or unsafe building, the Board shall direct the Village Clerk to obtain
bids for correction of the conditions and shall authorize the work
to be performed. The cost of said work, together with any administrative,
legal and/or engineering costs incurred during the process of correcting
the condition, shall become a lien upon and against the property affected
and collected in the same manner and time as a Village tax.
C.
Any Village officer, employee or contractor shall
have the right to enter upon the property to carry out the findings
of the Board of Trustees.
D.
In addition to the procedure set forth in Subsection B above, or in lieu of said procedure, the Board of Trustees may direct the Building Inspector/Code Enforcement Officer to issue an appearance ticket for maintaining a dangerous or unsafe building and/or for noncompliance with the notice and order.
[Amended 2-8-1988 by L.L. No. 1-1988; 6-25-2007 by L.L. No.
6-2007]
If the Building Inspector/Code Enforcement Officer
determines that there is actual or immediate danger of failure or
collapse of the building or structure or for any other reason determines
that the use or occupancy of the building or structure will endanger
the life, limb or health of the occupants, he/she shall order the
building or structure or any portion thereof to be vacated forthwith,
by posting at each entrance to said building or structure a notice
stating "This building/ structure is unsafe and use or occupancy is
hereby prohibited by the Building Inspector/Code Enforcement Officer."
[Amended 2-8-1988 by L.L. No. 1-1988; 6-25-2007 by L.L. No.
6-2007]
Any person, firm or corporation or their agents
who shall violate any provision of this chapter shall be subject to
a penalty not to exceed $2,000 or imprisonment for a period not to
exceed 15 days, or both such fine and imprisonment. The remedies contained
in this chapter shall not be exclusive but shall be in addition to
any other remedy provided by law. Each day or any portion thereof
during which a violation of this chapter exists shall constitute a
separate and distinct violation.[1]
[1]
Editor's Note: Former § 50-8, Posting
of report; compensation of surveyors, and § 50-9, Assessment
of costs and expenses, were repealed 6-25-2007 by L.L. No. 6-2007.
