[HISTORY: Adopted by the President and Board of Trustees
of the Village of Granville 8-1-2000 by Ord. No. 436. Amendments noted where applicable.]
A.
It is unlawful for any owner or agent thereof to keep or maintain
any building or structure or part thereof in any unsafe or dangerous
condition. "Building," as used in this chapter, means any walled or
roofed structure, including mobile homes, commercial establishments,
dwellings and any accessory structures.
B.
The Building Inspector or his designee is authorized to demolish,
repair or cause the demolition or repair of dangerous and unsafe buildings,
uncompleted buildings, or abandoned buildings within the territorial
limits of the Village.
For the purpose of this chapter, any building or structure which
has any of the following defects or is in any of the conditions hereinafter
described shall be deemed a "dangerous building" and any condition
hereinafter described shall be deemed unsafe:
A.
Whenever any door, aisle, passageway, stairway or other means of
exit is not of sufficient width or size, or is not so arranged as
to provide safe and adequate means of exit in case of fire or panic
for all persons housed or assembled therein who would be required
to or might use such door, aisle, passageway, stairway or other means
of exit.
B.
Whenever any portion thereof has been damaged by wind, flood, fire
or by any other cause in such manner that the structural strength
or stability thereof is appreciably less than it was before the catastrophe
and the value of the building or structure is less than 50% of the
value prior to the catastrophe.[1]
C.
Whenever any portion or member or appurtenance thereof is likely
to fail or to become detached or dislodged, or to collapse and thereby
injure persons or damage property.
D.
Whenever any portion thereof has settled to such an extent that walls
or other structural portions have materially less resistance to winds
than is required in the case of new construction.
E.
Whenever any building or structure or any part thereof, because of
dilapidation, deterioration, decay, faulty construction, or because
of the removal or movement of some portion of the ground necessary
for the purpose of supporting such building or portion thereof, or
for other reason, is likely to partially or completely collapse, or
some portion of the foundation or underpinning is likely to fall or
give way.
F.
Whenever, for any reason whatsoever, the building or structure or
any portion thereof is manifestly unsafe for the purpose for which
it is used.
G.
Whenever the building or structure has been so damaged by fire, wind
or flood, or has become so dilapidated or deteriorated as to become
an attractive nuisance to children who might play in or about the
building or structure to their danger.[2]
H.
Whenever the building or structure has been so damaged by fire, wind
or flood, or has become so dilapidated or deteriorated as to afford
a harbor for vagrants, criminals, or immoral persons, or so as to
enable persons to resort thereto for the purpose of committing a nuisance
or unlawful or immoral acts.
I.
Whenever a building or structure used or intended to be used for
dwelling purposes, because of dilapidation, decay, damage or faulty
construction or arrangement, is unsanitary or unfit for human habitation
and is likely to work injury to the health, safety or general welfare
of those living within.
J.
Whenever a building or structure is infested with rodents, insects,
pests or other vermin, or is likely to cause sickness or disease when
so determined by the health inspector of the Village.
K.
Whenever any building shall become vacant, dilapidated or open at
doors or windows, leaving the interior of the building exposed to
the elements or accessible to entrance by trespassers.
L.
Whenever any unoccupied building or structure is secured by the owner
or his agents by covering up the windows and exits with lumber or
materials other than glazing materials for a period of 30 days or
more, thereby causing a blighting influence on a neighborhood.
A.
When a building or structure within the Village is found to be a
dangerous building or contains an unsafe condition, the Building Inspector
shall issue and serve a notice thereof upon all owners of record or
persons having interest therein as shown by documents recorded in
the office of the Putnam County Recorder and upon persons in apparent
possession of the premises.[1]
B.
The notice shall briefly and concisely specify the conditions and
factors of the building or structure which render it dangerous or
unsafe. The notice shall further specify that the owners make the
building safe (by complete elimination of any unsafe conditions) or
commence demolition at the owner's cost within 15 days of the notice.
C.
The notice authorized by this section shall be served by either personal
service or by certified mail with return receipt. Personal service
may be made by either an inspector designated by the Building Inspector
or a police officer of the Village.
D.
Where, upon diligent search, the identity or whereabouts of the owner
or owners of any such building, including the lien holders of record,
is not ascertainable, notice mailed to the person or persons in whose
name such real estate was last assessed for general real estate taxes
is sufficient notice under this section.
E.
In the event the owner fails to comply with any time period set forth
in the notice, the Village's counsel is authorized to commence a civil
action in the Circuit Court of Putnam County seeking a court order
authorizing demolition or repair of the building or structure subject
to the notice provided by this section and to create the lien described
in this chapter. It shall not be a defense to this cause of action
that the building is boarded up or otherwise enclosed. It further
shall not be defense that the building is put in a safe condition
during the pendency of the civil action.
F.
Joined as defendants in said cause shall be the owner of record and
other parties having an interest in the property as shown by documents
recorded in the office of the Putnam County Recorder of Deeds on the
date of the filing of the complaint for demolition.
Upon the commencement of the civil action set forth in § 132-3, a lis pendens designating the property upon which the subject building is located shall be filed with the Putnam County Recorder. Failure to file or the improper filing of the lis pendens does not, however, affect the civil action for demolition. Any person obtaining or recording in said office an interest in the property after such filing may become party to the civil action only if he intervenes by order of the court.
Whenever any dwelling or building has been designated a dangerous building or contains unsafe conditions, an inspector designated by the Building Inspector shall placard the building, indicating that the condition is dangerous and unsafe. It is unlawful for any person to remove, cause to be removed or cover up in any way a placard designating a building or structure a dangerous building. Anyone found guilty of violating this section shall be subject to penalties as set forth in Chapter 1, Article III, of the Village Code.
A.
The cost of demolition, repair, engineering and related expenses,
and legal proceedings incurred by the Village in enforcing the provisions
of this chapter shall be recoverable from the owner or owners of the
real estate and is a lien thereon, which lien shall be superior to
all prior existing liens and encumbrances, except taxes; provided,
however, that within 60 days after completion of the demolition or
repair, the Village counsel shall file a notice of lien for the cost
and expense incurred by the Village in the office of the Putnam County
Recorder. Upon payment of the cost of demolition by the owner or any
person who has an interest in the property, the lien shall be released
by the Village counsel.
B.
The lien may be enforced by proceedings to foreclose as in case of
mortgage or mechanics liens. Suits to foreclose this lien shall be
commenced by the Village's counsel within three years after the date
of filing of the notice of lien.
C.
If payment of the Village's cost of demolition is not paid to the
Village within 15 days of the filing of the notice of lien, the Village's
counsel may commence proceedings in the Circuit Court seeking a personal
judgment from the owner of the subject property at the time the complaint
for demolition was filed with the Circuit Clerk in the amount of said
costs. The action authorized by this subsection shall be in addition
to and without waiver of any other remedies.
Any unsafe, dilapidated and abandoned building, house, barn
or other structure situated within the limits of the Village is and
the same is declared to be a nuisance.
