[Amended 8-10-1964; 6-23-1986 by L.L. No. 5-1986]
A.
Inspections. Upon the personal knowledge by the enforcement
officer of any violations of the provisions of this chapter or upon
a written or verbal complaint, filed with the enforcement officer,
of the violation of any provisions of this chapter, or, in the course
of an area survey, the 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 City.
B.
Right of entry. The occupant of every dwelling, dwelling
unit or rooming unit, or the person in charge thereof, shall give
the enforcement officer or his representative free access to such
unit and premises at all reasonable times for the purpose of such
inspection, examination and survey.
C.
Adoption of rules and regulations. The enforcement
officer is hereby authorized to make and adopt, upon approval of the
Common Council, 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 City Clerk-Treasurer 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.
Whenever the 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, a copy of which said notice shall be concurrently filed
with the City Clerk-Treasurer. 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 to be in person or
by registered or certified letter or in any other manner authorized
or required by law.
A.
Order to repair, alter or improve. When upon reexamination,
after the expiration of the time for compliance, the 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.
Order to remove or demolish.
(1)
Whenever the 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 these standards, 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: "This building for human habitation is prohibited
and unlawful."
(2)
If the owner fails to comply with an order to remove
or demolish the dwelling, the enforcement officer may cause such dwelling
to be removed or demolished.
C.
Collection of costs. The amount of the cost of such
repairs, alterations or improvements, or vacating and closing, or
removal or demolition, when done by the enforcement officer, shall
be a municipal lien against the real property upon which such cost
was incurred. If the dwelling is removed or demolished by the enforcement
officer, he shall sell the materials of such dwelling at public sale
as provided by law and shall credit the proceeds of such sale, after
the deduction of the expenses thereof, against the cost of the removal
or demolition, and any balance remaining shall be deposited in City
Court of the City by the enforcement officer, shall be secured in
such manner as may be directed by such Court, and shall be disbursed
by such Court to the persons found to be entitled thereto by final
order or decree of such Court; provided, however, that 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.[1]
D.
Service of complaints and orders. Complaints or orders
issued by the enforcement officer pursuant to this chapter shall be
served upon persons either personally or by registered mail, but if
the whereabouts of such persons is unknown and the same cannot be
ascertained by the enforcement officer in the exercise of reasonable
diligence, and the 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 City. 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 City
Clerk-Treasurer of the City.
A.
From time to time, on its own motion or on petition,
the Common Council may, after public hearing, amend, supplement or
repeal the provisions of this chapter or of the rules and regulations
adopted by the enforcement officer pursuant to this chapter.
B.
All proposed amendments to this chapter shall be submitted
to the City Planning Commission for an advisory report thereon. Such
report shall be submitted to the Common Council within 45 days from
the date of submission to the Planning Commission.
Whenever a provision of this chapter is found
to be in conflict with a provision of the Building, Zoning or Sanitary
Ordinance or other ordinance or Charter of this City, or with county
or state regulations applicable to this City, the provision which
establishes the higher standard for the promotion and protection of
the health and safety of the people shall prevail.
