[HISTORY: Adopted by the Board of Trustees of the Village
of Interlaken 5-10-1979 by L.L. No. 2-1979. Amendments noted where
applicable.]
Unsafe buildings pose a threat to lives and property in the
Village of Interlaken. Buildings and structures may become unsafe
by reason of damage by fire, the elements, age or general deterioration.
Vacant buildings not properly secured at doorways and windows also
serve as an attractive nuisance for young children who may be injured
therein, as well as a point of congregation by vagrants and transients.
A dilapidated building may also serve as a place of rodent infestation
thereby creating a health menace to the community. It is the purpose
of this chapter to provide for the safety, health, protection and
general welfare of persons and property in the Village of Interlaken
by requiring such unsafe buildings be repaired or demolished and removed.
This chapter shall be known as the "Unsafe Buildings Law of
the Village of Interlaken."
As used in this chapter, the following terms shall have the
meanings indicated:
Any buildings, structures or portion thereof used or located
on any residential, business or industrial property.
The Code Enforcement Officer of the Village of Interlaken
or such other person appointed by the Board of Trustees to enforce
the provisions of this chapter.
A building or structure which is structurally unsound, unsanitary
or not, provided with adequate ingress or egress which constitutes
a fire hazard or which has become unsafe by reason of damage by fire,
the elements, age or general deterioration or which, in relation to
an existing use, constitutes a hazard to public health, safety or
welfare by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment or which is otherwise dangerous to human life.
When in the Code Enforcement Officer's own opinion or upon
receipt of information that a building is or may become dangerous
or unsafe to the general public, is open at the doorways and windows
making it accessible to and an object of attraction to minors under
18 years of age as well as to vagrants and other trespassers, is or
may become a place of rodent infestation, presents any other danger
to the health, safety, morals and general welfare of the public or
is unfit for the purposes for which it may lawfully be used, he shall
cause or make an inspection thereof and report, in writing, to the
Village Board of Trustees his findings and recommendations in regard
to its repair or demolition and removal.
The Board of Trustees shall thereafter consider such report
and by resolution determine, if in its opinion the report so warrants,
that such building is unsafe and dangerous and order its repair if
the same can be safely repaired or its demolition and removal and
further order that a notice be served upon the persons and in the
manner provided herein.
The notice shall contain the following:
A.
A description of the premises.
B.
A statement of the particulars in which the building is unsafe or
dangerous.
C.
An order outlining the manner in which the building is to be made
safe and secure or demolished and removed.
D.
A statement that the securing or removal of such building shall commence
within 30 days of the service of the notice and shall be completed
within 60 days thereafter, unless for good cause shown such time shall
be extended.
E.
A statement that, in the event of neglect or refusal of the person
served with the notice to comply with the same, a survey of the premises
will be made, and, if such survey shall report the building unsafe
or dangerous, an application will be made at a term of Supreme Court
or County Court for an order determining the building to be a public
nuisance and directing that it shall be repaired and secured or demolished
and removed and that the expenses of the proceeding to secure or remove
the building, including the actual cost of securing or removing such
building shall be assessed against the land on which it is located.
Said notice shall be served by personal service of a copy thereof
upon the owner, executor, administrator, agent, lessee or any person
having a vested or contingent interest in such unsafe building as
shown by the records of the receiver of taxes (or tax collector) or
of the County Clerk; or, if no such person can be reasonably found,
by mailing such owner, by registered mail, a copy of such notice directed
to his last known address as shown by the above records and by personal
service of a copy of such notice upon any adult person residing in
or occupying said premises if such person can be reasonably found
and by securely affixing a copy of such notice upon the unsafe building.
In the event of the refusal or neglect of the person so notified
to comply with said order of the Board of Trustees, the Board of Trustees
shall appoint the Code Enforcement Officer and a practical builder,
engineer or an architect, and the person so notified shall appoint
a practical builder, engineer or architect to make a survey of the
unsafe building and submit a written report thereon. If the person
so notified shall refuse or neglect to appoint such a surveyor within
40 days after service of said notice, the two surveyors by the Board
of Trustees shall proceed and make the report. A signed copy of such
report shall be affixed securely to such building.
In the event that the building shall be reported unsafe or dangerous
in such survey, the Board of Trustees shall by resolution direct the
Mayor of the Village to make an application at a term of Supreme Court
or County Court for an order determining the building to be a public
nuisance and directing that it shall be repaired or secured or demolished
and removed.
All expenses incurred by the Village in connection with the
proceedings to repair and secure or demolish and remove the unsafe
building, including the cost of actually removing such building, shall
be assessed against the land on which such building is located.
The surveyor appointed as provided herein shall be paid reasonable
compensation as shall be fixed by the Village Board.
