[Amended 1-14-1991 by L.L. No. 1-1991]
The Codes Enforcement Officer is hereby authorized
to make and adopt, upon approval of the Village Board of Trustees,
such rules and regulations as may be necessary for the clarification
and proper enforcement of the provisions of this chapter. Such rules
and regulations shall not be in conflict with the provisions of this
chapter. A certified copy of such rules and regulations shall be filed
with the Village Clerk and shall have the same force and effect as
the provisions of this chapter, and the penalty for violation thereof
shall be the same as for violation of the provisions of this chapter.
A.
Entry, examination, survey. The Codes Enforcement
Officer or his duly authorized representative is hereby authorized,
upon showing proper identification, to enter, examine and survey at
any reasonable time all dwellings, dwelling units, rooming houses,
rooming units and premises located within the Village.
B.
Duty of occupant The occupant of every dwelling, dwelling
unit, rooming unit or the person in charge thereof shall give the
Codes Enforcement Officer or his representative free access to such
units and premises at all reasonable times for the purpose of such
inspection, examination and survey.
Whenever the Codes Enforcement Officer finds
that there has been a violation of this chapter or of any rule or
regulation adopted pursuant thereto, he shall give notice to the person
or persons responsible. Such notice shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient
for identification.
C.
Include a statement of the reason or reasons why the
notice is being issued.
D.
Set a reasonable time for the performance of any act
it requires.
E.
Be served upon the owner or his agent or upon the
occupant, as the case may require. Such service shall be in person
or by letter or in any other manner authorized or required by law.
A.
Failure to correct conditions. When upon reexamination,
after the expiration of the time for compliance, the Codes Enforcement
Officer finds that the violation has not been corrected, then he is
authorized to cause such dwelling to be repaired, altered or improved
or to be vacated or closed.
B.
Placarding, removal of building. Whenever the Codes
Enforcement Officer finds that any dwelling constitutes a serious
hazard to the health or safety of the occupants or to the public because
it is dilapidated, unsanitary, vermin-infested or lacking in the facilities
required by this chapter, he shall designate such dwelling unfit for
human habitation and shall cause to be posted on the main entrance
of any dwelling so closed a placard with the following words: THE
USE OF THIS BUILDING FOR HUMAN HABITATION IS PROHIBITED AND UNLAWFUL.
If the owner fails to comply with an order to remove or demolish the
dwelling, the Codes Enforcement Officer may cause such dwelling to
be removed or demolished.
C.
Lien for cost of work. The amount of the cost of such
repairs, alterations or improvements, or vacating and closing, or
removal or demolition, when done by the Codes Enforcement Officer,
shall be a municipal lien against the real property upon which such
cost was incurred. However, nothing in this section shall be construed
to impair or limit in any way the power of the municipality to define
and declare nuisances and to cause their removal or abatement, by
summary proceedings or otherwise.
D.
Complaint or order; service, recording. Complaints
or orders issued by the Codes Enforcement Officer pursuant to this
chapter shall be served upon persons either personally or by mail,
but if the whereabouts of such persons is unknown and the same cannot
be ascertained by the Codes Enforcement Officer in the exercise of
reasonable diligence, and the Codes Enforcement Officer shall make
an affidavit to that effect, then the serving of such complaint or
order upon such persons may be made by publishing the same once each
week for two consecutive weeks in the official newspaper of the Village.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the Village Clerk.
An appeal from a determination of the Codes
Enforcement Officer may be taken by any aggrieved person or by an
officer, department or board of the Village to the Board of Zoning
Appeals of the Village. Such an appeal may be taken within such time
as the Board shall specify in its rules of procedure. All appeals
shall be made in writing on forms provided by the Board. Appeals shall
be submitted to the Codes Enforcement Officer, who shall then transmit
to the Board all the papers constituting the record upon which the
action appealed from was taken. A fee of not more than $250 shall
be charged for each appeal to the Board of Zoning Appeals.
The Board of Zoning Appeals shall have the powers
and duties prescribed by statute and by this chapter, which powers
and duties are hereby summarized and more particularly specified:
A.
Interpretation. On appeal from a determination of
the Codes Enforcement Officer or on request by any official, department
or board of the Village, the Board of Zoning Appeals shall decide
any questions involving the interpretation of any provision of this
chapter.
B.
Variances. On appeal from a determination of the Codes
Enforcement Officer, the Board of Zoning Appeals may grant a variance
where the strict application of this chapter would result in practical
difficulty or unnecessary hardship.
All decisions of the Board of Zoning Appeals
shall be in writing, and a copy of each decision shall be sent to
the applicant and to the Codes Enforcement Officer. The Board shall
also retain in its files a copy of each decision, which files shall
be available for inspection by the public. Each decision shall set
forth fully the reasons for the decision of the Board and the findings
of fact upon which the decision was based.
A.
The Board of Zoning Appeals shall report to the Mayor
periodically, at intervals not greater than six months. The report
shall summarize all applications and appeals made to it since the
last report and shall contain a summary of the Board's decisions on
each case. A copy of the report shall be filed with the Codes Enforcement
Officer and the Village Board of Trustees. The Board of Zoning Appeals
may also submit to the Village Board of Trustees or Planning Commission
advisory reports recommending changes or modifications in the Housing
Code.
B.
Any aggrieved party may appeal to the Supreme Court.
