[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 4-17-1972. Amendments noted where applicable.]
This chapter shall be applicable to all territory within the Village of Carthage.
[Added 10-21-1985 by L.L. No. 10-1985]
As used in this chapter, the following terms shall have the meanings indicated:
- A building, shed, fence or other man-made structure.
- DANGEROUS OR UNSAFE
- Includes conditions of structures or buildings such as but not limited to the following:
- 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 of the middle third of its base.
- B. Those which, exclusive of the foundation, show 33% or more of damage or deterioration of the supporting member or members or 50% of damage or deterioration of the nonsupporting enclosing or outside walls or covering.
- 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 which have been damaged by fire, wind or other causes, so as to have become dangerous to life, safety or the general health and welfare of the occupants or the people of this Village.
- E. Those which have become or are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation or are likely to cause sickness or disease, so as to work injury to the health, safety or general welfare of those living therein.
- F. Those having light, air and sanitation facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
- G. Those having inadequate facilities for egress in cases of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of communication.
- H. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
- I. Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this Village.
The Building Inspector of the Village of Carthage is hereby appointed to make the inspections and reports provided for herein.
[Added 10-21-1985 by L.L. No. 10-1985]
As a prerequisite to inspection of suspect premises, a written statement identifying the building suspected of being unsafe or dangerous must be filed with the Building Inspector.
A notice, containing a description of the premises and a statement of the particulars in which the building or structure or edifice is unsafe or dangerous or unsightly or a nuisance or in some other manner undesirable and an order requiring same to be made safe and secure or removed, is to be served personally or by registered mail, addressed to the last known address as shown by the records of the Receiver of Taxes and/or the Office of the County Clerk or the County Register which contain a description of the premises. Such notice is to be served or mailed by registered mail, as aforesaid, on an owner or some one of the owner's executors, legal representatives, agents, lessee or any other person having a vested or contingent interest in the property.
Such notice, describing the property and stating the particulars in which the building or structure is unsafe or dangerous or unsightly or a nuisance, etc., as aforesaid, must also be posted on the premises.
Within the discretion of the Building Inspector of the Village of Carthage, the person so served or notified shall have not less than 10 days nor more than 30 days within which to commence the securing, repairing, demolition or improving, as the case may require, of the structure or building, and the owner shall be given a specified time within which to complete the necessary work.
In the event that the person notified or served neglects or refuses to comply with said notice, a survey of the premises is to be made by the Building Inspector of the Village and an architect who will be named by the Village Board or, in the event that the Village Board is not sitting on the date of the report of such neglect or refusal by the Inspector, by the President of the Village, to whom the authority to choose such architect is hereby delegated.
In making such survey, said two persons shall be joined by a practical builder, engineer or architect appointed by the person notified, as aforesaid. If such person notified, as aforesaid, refuses or neglects to appoint such surveyor, the said Building Inspector of the Village and the said architect chosen by the Village Board, or by the President, shall make the survey of the premises and report. Such persons shall thereupon make a survey of such premises and report to the Village Board.
The notice heretofore directed to be served or mailed shall also provide that, in the event that the said building or structures are reported to be unsafe or dangerous, the Village Board of the Village of Carthage will hold a hearing to determine whether the building or other structure is a public nuisance and, if found to be a public nuisance, directing that it be repaired and secured or taken down and removed as required. Such hearing shall be held upon a minimum of 10 days' notice to the purported owners of the property, which notice may be served as required under § 54-5A of this chapter.
[Amended 12-7-1992 by L.L. No. 4-1992]
As soon as the survey has been made and within a reasonable time thereafter, a report thereof shall be made to the Village Board, if it is sitting, and, if not sitting at the time of such report, to the President of such Village Board, who is hereby delegated to act on behalf of said Board, with the Board not sitting.
After said survey and report has been made, a signed copy of such report, signed by the President on behalf of the Village Board, shall be posted on the premises, and the aforesaid surveyors shall be paid a reasonable amount, to be fixed by the Village Board at the next regular meeting thereof, and said Board shall order payment of the reasonable compensation of said surveyors to be made out of the proper funds of the Village.
All costs and expenses incurred by the Village in connection with the proceedings herein, including the cost of actually removing the building or structures, of repairing same or ameliorating same, shall be assessed against the land upon which said buildings or structures are located and shall be assessed against said property, and such property shall be put up for tax sale and sold pursuant to law.