The enforcement officer shall recommend rules
and regulations as may be deemed reasonably necessary for the enforcement
of the provisions of this chapter which shall be adopted only upon
approval of the Village Board.
[Amended 8-21-1987 by L.L. No. 8-1987; 4-16-2002 by L.L. No.
1-2002]
A. Whenever the Code Enforcement Officer or his or her
designee shall determine that there are reasonable grounds to believe
that there has been a violation of any provision of this chapter,
or any rule or regulation adopted pursuant hereto, he or she shall
give notice of the alleged violation to the person or persons responsible.
The notice shall:
(2) Include a specific statement of the reasons why it
is being issued and list the sections of this chapter deemed to be
violated.
(3) Direct removal or correction of such violation within
the following time frames:
(a)
In cases of emergency, the responsible party
shall have 24 hours to commence work to correct, alleviate or eliminate
the emergency, and 72 hours to reasonably complete such work.
(b)
For the provisions listed under §
208-3, Regulations, Subsection
A(1) and
(2), removal and correction shall be immediate upon notification by the enforcement officer.
(c)
All other violations shall be corrected within
10 days after the service of such notice, except when, for good cause
shown, the Code Enforcement Officer grants an extension of time in
writing.
(4) Be served upon, or sent by registered or certified
mail, to the owner or his agent, or the occupant, or both, as the
case may require. Where the notice is sent by registered or certified
mail, a copy of said notice shall also be posted on the property.
(5) Maintain a copy on file in the Code Enforcement Office
for inspection by the owner or his or her agent, or the occupant or
the general public.
(6) Notices may also contain an outline of remedial action
which if taken will effect compliance with the provisions of this
chapter.
B. If the violation is not corrected within the appropriate
time frame, the owner, occupant or person having control of said premises
shall be deemed in violation of this chapter, and the Code Enforcement
Officer shall be authorized to issue an appearance ticket for such
violation returnable in Village Court.
The designation of dwellings or dwelling units
as unfit for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall be
carried out by the enforcement officer in compliance with the following
requirements:
A. Generally. Any dwelling or dwelling unit which shall
be found to have any of the following defects shall be condemned as
unfit for human habitation and shall be so designated and placarded
by the enforcement officer:
(1) Which by reason of its failure to comply with the
requirements of this chapter is so damaged, decayed, dilapidated,
unsanitary, unsafe or vermin-infested that it creates a hazard to
the health or safety of the occupants or of the public.
(2) One which lacks illumination, ventilation or sanitation
required by this chapter so as to adequately protect the health or
safety of the occupants or of the public.
B. Vacation of premises. Any dwelling or dwelling unit
condemned as unfit for human habitation and so designated and placarded
by the enforcement officer shall be vacated within such time as ordered
by the enforcement officer.
C. Removal of defects required. No dwelling or dwelling
unit which has been condemned and placarded as unfit for human habitation
shall again be used for human habitation until written approval is
secured from and such placard is removed by the enforcement officer.
The enforcement officer shall remove such placard whenever the defect
or defects upon which the condemnation and placarding action are based
have been eliminated.
D. Defacing or removing placard. No person shall deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except as provided in Subsection
C.
E. Notice of condemnation: hearing. No such dwelling
shall be placarded as unfit for human habitation until at least 10
days after written notice of its condemnation has been given by the
enforcement officer to the owner and occupants of such dwelling.
[Amended 12-21-1993 by L.L. No. 1-1993]
Any person violating any provisions of this chapter shall, upon conviction, be punishable as provided in §
1-15 of Chapter
1, General Provisions, Article
II.