A.
BUILDING or BUILDINGS
CELLAR or BASEMENT DWELLING UNIT
DWELLING UNIT
LIVING ROOM
NUISANCE
OCCUPIED or OCCUPANCY
OR and AND
OWNER
PERSONS INTERESTED
PUBLIC HALL
PUBLIC ROOM or PUBLIC PART
RENTAL PREMISES
REPAIR
SUPERINTENDENT OF BUILDINGS
TOILET
VILLAGE
VILLAGE BOARD
VILLAGE COUNSEL
Definitions. Certain words, when used in this chapter,
unless otherwise expressly stated or unless the context or subject matter
otherwise requires, are defined as follows:
Refers exclusively to residence buildings now or hereafter existing.
Residence buildings are buildings or structures in any part of which sleeping
accommodations are provided, except such as for other reasons may be classed
as public buildings, hotels, rectories and convents.
A space in a residence building or any part of which is below the
grade of the property nearest to such space.
A building or each portion of a building occupied by one family.
A room which is not a public hall, public room or other public part
of a dwelling; provided, however, that except as hereinafter stated, every
room used for sleeping purposes shall be deemed a living room. Closets, water
closet compartments, bathrooms, cooking spaces and halls and passageways entirely
within a dwelling unit shall not be deemed to be living rooms.
Embraces public nuisances known at common law or in equity jurisprudence
and whatever is dangerous to human life or detrimental to health and whatever
dwelling is overcrowded or is not provided with adequate means of ingress
and egress or is not sufficiently supported, ventilated, sewered, drained
or cleaned and whatever renders the air or human food or drink unwholesome
are also severally, in contemplation of this chapter, nuisances. All such
nuisances are hereby declared illegal.
As applied to any building or dwelling unit, shall be construed as
though followed by the words "or intended, arranged or designed to be occupied
or occupancy."
May be construed interchangeably where such meaning is necessary
to effectuate the purposes of this chapter.
Includes the record owner of the title to any premises and also anyone
exercising the rights of ownership therein at the time of the making of any
order with regard thereto by the Village Board and shall include a lessee
of the entire building or structure, other than a single-family private dwelling,
or a mortgagee in possession.
Includes the owner, as herein defined, and all other persons interested
in the property to which such words refer.
A hall, corridor or passageway not within a dwelling unit.
A portion of a building used or designed or intended to be used in
common by the occupants of two or more dwelling units in such building or
exclusively for mechanical equipment of such building or for storage purposes.
Any premises occupied under or by virtue of a rental or lease agreement,
verbal or written, or where any sum or thing is paid for occupancy or charge
is made for use and/or occupancy or where occupancy is pursuant to a contract
of purchase or installment payment contract or free of payment by the occupant
where payment is made by another or any other occupancy or arrangement for
charge of any kind.
Includes any alteration, structural change or the performance of
any act necessary or requisite to make any building or structure or any part
thereof, found by the Village Board or Superintendent of Buildings to be a
dangerous building or a substandard building, within the purview of this chapter.
The person in charge of the Building Department of the Village or
his duly authorized representative.
Includes a washbasin and a water closet, including the space occupied
by them, together with all proper water connections.
The Village of Freeport.
The Board of Trustees of the Village.
The counsel of the Village and any other counsel appointed by the
Village Board to enforce the provisions of this chapter.
B.
Usage. Where necessary, the singular shall include the
plural and the plural the singular. The word "person" shall include a partnership,
corporation, association or trustee.
All buildings or structures which have any or all of the following defects
shall be deemed dangerous buildings:
A.
Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside the middle 1/3 of its base.
B.
Those which have been damaged or have deteriorated so
as to have become, in the judgment of the Village Board, dangerous to the
life, health, morals or general welfare of the occupants thereof or to the
people of the Village. Any building or structure which, exclusive of the foundation,
shows 33 1/3% or more damage to or deterioration of the supporting members
or 50% or more damage to or deterioration of the nonsupporting enclosing or
outside walls or coverings shall be deemed a dangerous building.
C.
Those which have improperly distributed loads upon the
floors or roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
D.
Those having inadequate facilities for ingress or egress
in case of fire or panic or those having insufficient stairways, elevators,
fire escapes or other means of communication.
E.
Those which have parts thereof which are so attached
that they may fall and injure the occupants thereof or members of the public
or property.
F.
Those buildings existing in violation of any provision
of the Building Code of the Village or any provision of the Fire Prevention
Laws or regulations of said Village or other ordinances of the Village.
All dangerous buildings, within the terms of § 128-2 of this chapter, are hereby declared to be public nuisances and shall be repaired or removed as herein provided.
Whenever the provisions of any local ordinance, resolution or regulation
imposes requirements with regard to residence buildings inconsistent with
the terms and provisions of this chapter or any part thereof, the provisions
of this chapter shall govern, provided that should any such ordinance, resolution
or regulation impose more stringent requirements with regard to dangerous
buildings, as herein defined, than the provisions of this chapter impose,
then such more stringent requirements shall be construed to apply.
A.
Right of inspection; certificate to issue. The owner of any building used, in whole or in part, for human occupancy and against whom no proceedings hereunder are pending with regard to such building may request the Superintendent of Buildings to cause an inspection thereof to be made, whereupon the Superintendent of Buildings shall cause an inspection of such building to be made and if, upon such inspection and a report thereon to the Village Board, it shall be disclosed that the same is not a dangerous building, the Village Board will direct the Superintendent of Buildings to issue a certificate to that effect to such applicant. The issuance of such certificate is not to be construed as a finding that such building is not a dangerous building beyond the date of issuance thereof. Should, however, such inspection disclose said building or structure to be a dangerous building, the Village Board will direct the Superintendent of Buildings to give written notice to the applicant to appear before them on a certain date within 15 days from the date of said notice and shall thereupon proceed in the same manner as prescribed in § 128-7B, C, D, E and F of this chapter. Such notice shall contain the same particulars as are required by § 128-6D hereof.
B.
Effect of application for inspection. No qualified owner who has applied for inspection, pursuant to Subsection A of this section, shall be prosecuted under § 128-15 hereof with regard to any building of which inspection has been requested unless he fails to comply with the order of the Village Board made pursuant to Subsection A hereof.
