[HISTORY: Adopted by the City Council of the City of Geneva 7-3-1968 as Ch. 51 of the 1968 Code. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- ABANDONED BUILDING MATERIAL OR CONSTRUCTION EQUIPMENT -
- Any building material or construction equipment, whether created in the course of the building operation or otherwise, and regardless of whether a building permit has been issued for the same, which remains upon the premises which are not secured in a permanent type building or enclosure, for a period of one month after building material or construction equipment has been placed upon the premises and no work has been commenced upon same; or if work has been commenced, one month after work has ceased on said premises.
- ABANDONED EXCAVATION
- Any excavation whether created in the course of a building operation or otherwise and regardless of whether a building permit has been issued for the same, which said excavation has remained in an open and unfinished condition for a period of six months or more, and further an abandoned excavation shall mean any excavation as herein defined for which a building permit was issued and where the building operation under the said permit is arrested prior to completion and the permit therefor allowed to lapse.
- BUILDING MATERIAL
- Any lumber, siding, roofing material, masonry material, electrical wiring, plumbing, plumbing fixtures and parts of fixtures or any other item or items used in the trades for the construction of buildings of any substance or material.
- CONSTRUCTION EQUIPMENT
- Any scaffolding, planks, tools, forms, saw horses, construction shanties, or any other item or items used in the trades as tools or equipment for the construction of a building of any substance or material.
- Any uncovered cutting or cavity in the earth, of any depth or size, created by the removal of earth, stone, topsoil or any substance.
Any excavation, building material and construction equipment which has been abandoned as herein defined is hereby declared to be a menace to the public health and safety and a nuisance. All abandoned excavations shall be filled in to the original level of the ground, and any topsoil removed shall be replaced by the owner, lessee or occupant of the property where such excavation exists. All building material and construction equipment must be removed from the property or enclosed in a permanent building suitable for storage of said equipment or material which building must comply with the Chapter 350, Zoning, of the city.
It shall be the duty of the Enforcement Officer of this chapter to investigate the existence of any abandoned excavations, building materials and/or construction equipment, and upon the discovery thereof, said Enforcement Officer shall by written notice order such owner, lessee or occupant to fill in such excavation and replace any topsoil removed, or to remove or properly store all building materials or construction equipment abandoned on said property, as the case may be. Should any such owner, lessee or occupant fail to fill in such excavation or replace any topsoil removed within 30 days after notice in writing, delivered personally or by certified mail, the Enforcement Officer shall notify the Director of Public Works, and the Director of Public Works shall forthwith cause such abandoned excavation to be filled in and replace any topsoil removed. The cost of such refilling and replacement of topsoil shall be assessed against the property where such excavation exists, in the manner set forth in § 151-6 herein.
Should any such owner, lessee or occupant fail to remove or store building materials or construction equipment as hereinabove provided within seven days after notice in writing, delivered personally or by certified mail, the Enforcement Officer shall notify the Director of Public Works, and the Director of Public Works of the city shall forthwith cause such building materials and construction equipment to be removed from the premises and disposed of in such manner as he deems proper. In the event the Director of Public Works determines that the building materials and construction equipment are of sufficient value to cause the same to be sold, he shall cause a public notice of sale to be published in the same manner as for the sale of surplus property of the city, and sell the same. The net proceeds of sale of said building materials and construction equipment, after deducting therefrom the expenses of said notice and sale, shall be applied against the cost of removal and storage of same, including a service charge of 50% of the cost thereof, pending said sale. If there is a balance remaining after the application of the proceeds as hereinabove specified, the same shall be paid to the owner of said building materials and construction equipment, and unless otherwise notified, it shall be presumed that the owner of record of the premises is also the owner of the building materials and/or construction equipment. In the event there is a deficit, then the amount still due and owing to the city shall be collected in the manner provided in § 151-6 herein.
The notice specified in § 151-3 herein shall be mailed and delivered to the last known address of the owner of the property on which said abandoned excavation exists or upon which the building materials and construction equipment is abandoned, as the same appears on the records of the City Assessor, and if there be an occupant or lessee on the premises, then to such occupant or lessee of the premises.
The Director of Public Works shall ascertain the cost of any filling in or replacement of topsoil that may be necessary, or removal and storage of building materials and/or construction equipment, and upon ascertaining the cost of the same, shall prepare a list specifying the property affected by lot and block number as the same appears on the official assessment map of the city, and shall file the list in his office and give public notice of such filing by publication in the official newspaper that the said list has been filed and that for 10 days after the publication of said list, the list may be examined by any person interested therein, and that upon a time specified in such notice and at least 10 days after publication of said list, he will attend at his office to hear any objections to the said list. The Director of Public Works shall have authority to make such corrections in the list as may be necessary. After the hearing has been completed and any corrections made, the Director of Public Works shall file the said list with the City Comptroller, together with a copy of the notice published and from the hour of filing, the amount of the charges specified in the said list shall be a lien upon the property affected thereby and collected in the same manner as city taxes.
Thirty days after the filing of said list with the City Comptroller, interest at the rate of 6% per annum shall be charged for any unpaid amounts on said list.
[Amended by Ord. No. 72-14, eff. 7-5-1972]
Any person who shall violate or fail to comply with any order of the Enforcement Officer as set forth in § 151-3 shall also be punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both said fine and imprisonment. Each day that such violation is permitted to exist shall constitute a separate offense.