[HISTORY: Adopted by the Board of Trustees of the Village
of the Branch as Ch. 62 of the 1973 Code. Amendments noted where applicable.]
This chapter shall be known as the "Property Maintenance Law
of the Village of the Branch."
In order to prevent blight and the spread thereof, it is hereby
declared that all structures, including, but not limited to, shopping
centers, supermarkets, retail stores, discount houses and other business
uses, whether occupied or vacant, and accessory structures, located
in the Incorporated Village of the Branch, shall be maintained in
conformity with the standards set out in this chapter so as to assure
that these structures and properties will not adversely affect the
neighborhood and the community at large. It is found and declared
that by reason of lack of maintenance and progressive deterioration,
certain structures and properties have the further effect of creating
blighting conditions and initiating slums, and that if the same are
not curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate in time the expenditure of large amounts
of public funds to correct and eliminate the same. By reason of timely
regulations and restrictions as herein contained, the growth of slums
and blight may be prevented and the neighborhood and property values
thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered. This chapter has
been prepared and adopted with consideration to the character of the
various zoning districts and the stability for the particular uses
therein.[1]
The following definitions shall govern the interpretation of
this chapter unless otherwise expressly defined herein. Words used
in the singular shall include the plural, and vice versa. The word
"shall" is always mandatory; the word "may" is permissive.
A natural person or persons, corporations, copartnerships,
unincorporated associations or any other organizations of two or more
persons who is or are the owner or owners, mortgagee or vendee in
possession, assignee of rents, receiver, executor, trustee, lessee,
occupant or agent directly or indirectly in control of a building
within the confines of the Village as defined below.
All areas within the Incorporated Village of the Branch.
A.
Open areas.
(1)
Surface and subsurface water shall be appropriately drained to protect
buildings and structures.
(2)
All fences shall be maintained by the person responsible for the
property. Such maintenance shall include, but not be limited to, the
replacement and/or repair of fences which may become in disrepair.
(3)
All recharge stormwater basins shall be maintained by the person
responsible for the property. Such maintenance shall include, but
not be limited to:
(a)
The cleaning of storm sewers and other drainage appurtenances
serving the said basin so that the said installations function as
designed, and
(b)
The removal of any garbage, rubbish, silt, topsoil or other
foreign material which creates an unsanitary condition or prevents
or impedes the leaching action of the said basin.
(4)
Steps, walks, driveways, parking lots, parking spaces and similar
paved areas shall be maintained so as to afford safe passage under
normal use and weather conditions. Any holes or other hazards that
may exist shall be filled, or necessary repairs or replacement carried
out.
(5)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation. They shall be maintained
in a manner that will prevent rubbish from being blown about the neighborhood.
Open wells, cesspools or cisterns shall be securely closed or barricaded
from access by the public.
(6)
All permanent signs exposed to public view shall be maintained in
good repair. Excessively weathered or faded signs shall be removed
or put into a good state of repair. All nonoperative or broken electrical
signs shall be repaired or removed. All temporary signs, except "For
Rent" signs, shall be removed at the expiration of the event or sale
for which they are erected or within 60 days after erection, whichever
shall occur sooner.
B.
Buildings and structures.
(1)
All exterior exposed surfaces not inherently resistant to deterioration
shall be repaired, coated, treated or sealed to protect them from
deterioration or weathering.
(2)
Floors, walls, ceilings, stairs, furnishings and fixtures of buildings
shall be maintained in a clean, safe and sanitary condition. Every
floor, exterior wall, roof and porch or appurtenance thereto shall
be maintained in a manner so as to prevent collapse of the same or
injury to the occupants of the building or to the public.
(3)
The foundation walls of every building shall be maintained in good
repair and be structurally sound.
(4)
Exterior walls (including doors and windows), roofs and the areas
around doors, windows, chimneys and other parts of a building shall
be so maintained as to keep water from entering the building and to
prevent undue heat loss from occupied areas. Materials which have
been damaged or show evidence of dry rot or other deterioration shall
be repaired or replaced and refinished in a workmanlike manner. Exterior
walls, roofs and other parts of the building shall be free from loose
and unsecured objects and materials. Such objects or materials shall
be removed, repaired or replaced.
(5)
The owner of a vacated building shall take such steps and perform
such acts as may be required of him from time to time to ensure that
the building and its adjoining yards remain safe and secure and do
not present a hazard to adjoining property or to the public.
(6)
Buildings and structures shall be maintained free of insect, vermin
and rodent harborage and infestation. Methods used for exterminating
insects, vermin and rodents shall conform with generally accepted
practices.
C.
Drainage. Water from any residence located within the Incorporated
Village of the Branch may not be pumped from basements, swimming pools
and/or yards into the streets, catch basins or recharge basins within
the Village.
[Added 12-11-1990 by L.L. No. 5-1990]
This chapter shall be enforced by the Board of Trustees of the
Incorporated Village of the Branch or by one or more agents of said
Board duly designated by resolution adopted at a public meeting of
said Board of Trustees.
The Village shall assess all costs and expenses incurred by
the Village, in connection with the proceedings to drain, clean, mow,
repair or remove hazardous situations, against the land on which the
violation occurs and may, after 15 days following notice to the property
owner, served personally or mailed to his last known address, order
the necessary drainage, cleaning, mowing, repairing or removing by
the Village and assess the costs thereof against the land, to be collected
as taxes are collected as provided by law.
