A.
Title. These regulations shall be known as the "Property Maintenance
Code of the Village of Oakwood," hereinafter referred to as this "code."
B.
Scope. The purpose of this code is to protect the public health,
safety and welfare in all existing structures, residential and nonresidential,
and on all existing premises by establishing minimum requirements
and standards for premises, structures, equipment and facilities for
light, ventilation, space, heating, sanitation, protection from the
elements, life safety, safety from fire and other hazards, and for
safe and sanitary maintenance, fixing the responsibility of owners,
operators and occupants; regulating the occupancy of existing structures
and premises; and providing for administration, enforcement and penalties.
C.
Intent. This code shall be construed to secure its expressed intent,
which is to ensure public health, safety and welfare insofar as they
are affected by the continued occupancy and maintenance of structures
and premises. Existing structures and premises that do not comply
with these provisions shall be altered or repaired to provide a minimum
level of health and safety as required herein.
D.
Referenced standards. The standards of this code shall be in conjunction
with all codes and ordinances adopted by the Village of Oakwood. Should
there be a conflict with the provisions herein and other codes or
ordinances, the standards in this code shall apply unless ruled otherwise
by a court of competent jurisdiction.
E.
Existing remedies. The provisions in this code shall not be construed
to abolish or impair existing remedies of the jurisdiction or its
officers or agencies relating to the removal or demolition of any
structure which is dangerous, unsafe and unsanitary.
F.
Workmanship. All repairs, maintenance work, alterations or installments
which are caused directly or indirectly by the enforcement of this
code shall be executed and installed in a workmanlike manner.
G.
Application of other codes. The specific work related to any repairs,
additions or alterations to a structure, or changes of occupancy,
shall be done in accordance with the procedures and provisions of
the Building, Plumbing, Electrical and Mechanical Codes as currently
adopted by the Village.
A.
Validity. If any section, subsection, paragraph, sentence, clause
or phrase of this code shall be declared invalid for any reason whatsoever,
such decision shall not affect the remaining portions of this code,
which shall continue in full force and effect, and to this end the
provisions of this code are hereby declared to be severable.
B.
Saving clause. This code shall not affect violations of any other
ordinance, code or regulation existing prior to the effective date
hereof, and any such violation shall be governed and shall continue
to be punishable to the full extent of the law under the provisions
of those ordinances, codes or regulations in effect at the time the
violation was committed.
All equipment, systems, devices and safeguards required by this
code or a previous statute or code for the structure or premises when
erected or altered shall be maintained in good working order. The
requirements of this code are not intended to provide the basis for
removal or abrogation of fire protection and safety systems and devices
in existing structures.
A.
Approved materials and equipment. All materials, equipment and devices
approved by the Building Inspector shall be constructed and installed
in accordance with such approval.
B.
Modifications.
(1)
When
there are practical difficulties involved in carrying out structural
or mechanical provisions of this code, the Building Inspector shall
have the authority and right to vary or modify such provisions upon
application of the owner or the owner's representative, provided that
the spirit and intent of the law is observed and that the public health,
safety and welfare are not further degraded by such modification.
(2)
Records. The application for a modification of this code and the
final decision of the Building Inspector shall be in writing and shall
be officially recorded in the permanent records of the Village.
C.
Material and equipment reuse. Materials, equipment and devices shall
not be reused unless such elements have been reconditioned, tested
and placed in good and proper working condition and approved by the
Building Inspector.
D.
Alternative materials and equipment. The provisions of this code
are not intended to prevent the installation of any material or method
of construction not specifically prescribed by this code, provided
that any such alternative has been approved. An alternative material
or method of construction shall be approved when the Building Inspector
finds that the proposed design is satisfactory and complies with the
intent of the provisions of this code, and that the material, method
or work offered is, for the purpose intended, at least the equivalent
of that prescribed in this code in quality, strength, effectiveness,
fire resistance, durability and safety.
E.
Research and investigations. Sufficient technical data may be requested
by the Building Inspector to substantiate the proposed installation
of any material or assembly. If it is determined that the evidence
submitted is satisfactory proof of performance for the proposed installation,
the Building Inspector shall approve such alternative, subject to
the requirements of this code. The cost of all tests, reports and
investigations required under these provisions shall be paid by the
applicant.
A.
General. The Building Inspector shall enforce all of the provisions
of this code.
B.
Notices and orders. The Building Inspector shall issue all necessary
notices or orders to ensure compliance with this code.
C.
Right of entry. The Building Inspector is authorized to enter the
structure or premises at reasonable times to inspect. Prior to entering
into a space not otherwise open to the general public, the Building
Inspector shall make a reasonable effort to locate the owner or other
person having charge or control of the structure or premises, present
proper identification and request entry. If requested entry is refused
or not obtained, the Building Inspector shall pursue recourse as provided
by law.
D.
Access by owner or operator. Every occupant of a structure or premises
shall give the owner or operator thereof, or agent or employee, access
to any part of such structure or its premises at reasonable times
for the purpose of making such inspection, maintenance, repairs or
alterations as are necessary to comply with the provisions of this
code.
E.
Identification. The Building Inspector shall carry proper identification
when inspecting structures or premises in the performance of duties
under this code.
F.
Coordination of enforcement. Inspection of premises, the issuance
of notices and orders and enforcement thereof shall be the responsibility
of the Building Inspector so charged by the jurisdiction. Whenever
inspections are necessary by any other department, the Building Inspector
shall make reasonable efforts to arrange for the coordination of such
inspections, so as to minimize the number of visits by inspectors,
and to confer with the other departments for the purpose of eliminating
conflicting orders before any are issued. A department shall not,
however, delay the issuance of any emergency orders.
G.
Rule-making authority. The Building Inspector shall have power, as
necessary in the interest of the public health, safety and general
welfare, to adopt and promulgate rules and regulations to interpret
and implement the provisions of this code. Such rules shall not have
the effect of waiving structural or fire performance requirements
specifically provided for in this code.
H.
Organization. The Village President shall appoint such number of
officers, technical assistants, inspectors and other employees as
shall be necessary for the administration of this code and as authorized
by the appointing authority. The Village President is authorized to
designate an employee as deputy who shall exercise all the powers
of the Building Inspector during the temporary absence or disability
of the Building Inspector.
I.
Employee conflicts of interest. An official or employee connected with the enforcement of this code, except one whose only connection is that of a member of the Board of Appeals established under the provisions of § 210-11, shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interest of the department.
J.
Relief from personal responsibility. The Building Inspector, officer
or employee charged with the enforcement of this code, while acting
for the jurisdiction, shall not thereby be rendered liable personally
and is hereby released and held harmless from all personal liability
for any damage accruing to persons or property as a result of any
act required or permitted in the discharge of official duties. Any
suit instituted against an officer or employee in the lawful discharge
of duties and under the provisions of this code shall be defended
by the legal representative of the Village until the final termination
of the proceedings. The Building Inspector or any subordinate shall
not be liable for costs in any action, suit or proceeding that is
instituted in pursuance of the provisions of this code; and any officer
of the department, acting in good faith without malice, shall be free
from liability for acts performed under any of its provisions or by
reason of any act or omission in the performance of official duties
in connection therewith.
K.
Official records. An official record shall be kept of all business
and activities of the Village, and all such records shall be open
to public inspection at all appropriate times and according to reasonable
rules to maintain the integrity and security of such records.
A.
Unlawful acts. It shall be unlawful for any person, firm or corporation
to erect, construct, alter, extend, repair, remove, demolish, maintain,
fail to maintain, provide, fail to provide, occupy, let to another
or occupy or permit another person to occupy any structure or equipment
regulated by this code, or cause same to be done, contrary to or in
conflict with, or in violation of any of the provisions of this code,
or to fail to obey a lawful order of the Building Inspector, or to
remove or deface a placard or notice posted under the provisions of
this code.
B.
Penalties. Any person, firm or corporation found guilty of violating
any provision of this chapter shall, in addition to any other remedy
allowed by this chapter, be fined not less than $100 nor more than
$750 for each offense, and a separate offense shall be deemed committed
on each day during or on which a violation occurs or continues, plus
costs and reasonable attorney's fees incurred by the Village in enforcement
of this chapter.
C.
Level 1 violations. For the purpose of this code, the following violations
shall be considered as Level 1 violations. As such, these violations
shall be given top priority by the Building Inspector so abatement
or remedial action can occur as quickly as possible given the due
process procedures provided herein. In cases where the seriousness
of an identified violation relative to a potential public health or
safety threat is in question, the Village President shall be solely
responsible for making the final interpretation and determination.
(1)
Structural defects: roofs with structural defects that represent
a serious and imminent threat to the current occupants; significant
water leaks; porches and stairways in violation of this code; accessory
buildings qualified for condemnation; wall, floor or foundation systems
where deterioration represents a physical threat to occupants.
(2)
Electrical systems: wiring without insulation, or with exposed termini;
an electrical system that provides inadequate power supply or outlets,
thereby creating the necessity for the extensive use of extension
cords in order to facilitate a normal and safe living environment,
or frequent fuse overloads. Sixty-amp services shall be acceptable
in existing residential structures if said system functions without
any apparent danger to the occupants.
(3)
Plumbing systems: leaks in water or sewer lines; inoperable plumbing
fixtures; improper water heater vents and relief valves which represent
a serious and imminent threat to the current occupants.
(4)
Heating systems: inoperative heating equipment; defective equipment
that represents a serious and imminent threat to the current occupants;
gas leaks; blocked or plugged chimneys if part of the required heating
system.
(6)
Nonresidential structures. For nonresidential structures, priority
will also be given to the remedy of exterior problems that affect
the appearance of said structure. Items such as, but not limited to,
broken windows, awnings in disrepair, obsolete signs, and dangerous
sidewalks shall be pursued for immediate remedy.
D.
Prosecution. In case of any unlawful acts, the Building Inspector shall institute an appropriate action or proceeding at law to exact the penalty provided in this § 210-6. In addition, the Building Inspector shall ask the jurisdiction's legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain from any
further execution of work;
(2)
To restrain or correct the erection, installation, maintenance, repair
or alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy of the structure that is not in compliance
with the provisions of this code.
A.
Notices and orders.
(1)
Notification.
(a)
Upon determining that a violation of this chapter exists, the
Building Inspector shall send a written violation notice of such violation,
by first class mail, to the owner at his/her last known address, as
determined by records provided by the Vermilion County Recorder's
office, and a copy of such notice shall be sent to the occupant (when
applicable) of the private property where the violation exists. If
such owner or occupant cannot be located after reasonable inquiry,
posting in two conspicuous places on the subject property shall be
sufficient notice for the purposes of this chapter.
(b)
Such violation notice shall describe all violations and shall
direct the owner or the occupant of the private property to abate
or remove such violation within a period of time determined to be
reasonable by the Building Inspector and in accordance with provisions
of this chapter and state statutes. The notice shall state further
that:
[1]
By allowing a violation of this chapter to occur and thereby causing the Village to impose enforcement proceedings, the owner or occupant has incurred an administrative expense fee of $100 as provided in Subsection A(2) of this section;
[2]
The Village may also pursue any other legal action to collect fines,
costs or other penalties allowed by this chapter or other applicable
law;
[3]
The failure of such owner or occupant to abate the violation, as
required by such notice, shall be deemed an implied consent for the
Village to abate or remove such violation; and
[4]
Such implied consent shall be deemed to form a contract between such
owner or occupant and the Village.
(2)
Administrative expense. In addition to any penalties provided for in this chapter, the Village shall, in enforcement cases involving Level 1 violations, charge an inspection/enforcement fee of $100 per structure to cover a portion of its administrative costs. This expense shall be assessed against the owner and/or occupant of any property which receives a notice from the Village as set forth in Subsection A(1), regardless of whether the Village or its agents are required to abate the violation.
(3)
Failure to abate. If a violation of this chapter is not abated or
removed after notice pursuant to this section and within the time
specified in the notice, the Building Inspector may initiate any reasonable
effort to cause the abatement or removal of such violation. The responsible
owner or occupant shall reimburse the Village for any costs incurred
as part of its abatement efforts.
(4)
Cost of abatement. Costs and expenses under this chapter include,
but are not limited to, the actual costs and expenses in time of Village
employees or Village-authorized contractors and in materials concerning
the actual actions of abatement of the violation pursuant to this
chapter, transportation to and from the property, title searches or
certifications, preparation of lien documents, foreclosure and other
related expenses, including but not limited to reasonable attorney's
expenses and court costs.
(5)
Lien or personal judgment. If the costs of abating, administrative
expenses and removing the nuisance remain unpaid 45 days after billing
the responsible party, the Village, at its option, may file a lien
upon the real property where the violation was abated or removed,
or commence proceedings in the Circuit Court seeking a personal judgment
from the owner of such property where the violation was abated or
removed, or from an occupant where applicable.
(a)
Lien.
[1]
When the Village exercises its right to file a lien upon the real
property where the violation was abated or removed, the Village must
file a notice of lien in the office of the Recorder of Deeds of Vermilion
County. Such notice shall consist of a sworn statement setting out:
[2]
This lien shall be superior to all other liens except taxes;
provided, however, it shall not be valid as to any purchaser whose
rights in and to such real estate have risen subsequent to the date
on which such costs were incurred and prior to the filing of such
notice, and a lien of the Village shall not be valid as to any mortgages,
judgment, creditor, or other lien or person whose rights in and to
such real estate arise prior to the filing of such notice. Upon payment
of the costs and expense by the owner or any person interested in
such property, after the notice of lien has been filed, the lien shall
be released by the Village and the release may be filed with the County
Recorder of Deeds as in the case of filing the original notice of
lien. The lien may be enforced by proceeding to foreclosure, as provided
by law. Interest on the lien shall accrue at the rate of 6% per year.
(b)
Personal judgment. When the Village exercises its right to obtain
a personal judgment against an owner or occupant for the cost of abatement
or removal of a violation, the Village shall file an action in the
Circuit Court against any person or persons to whom notice was sent.
The action shall be based upon the implied consent by those persons
to abatement or removal of the violation. The action authorized by
this subsection shall be in addition to and without waiver of any
other remedy allowed by this chapter and state statutes.
B.
Transfer of ownership. It shall be unlawful for the owner of any
dwelling unit or structure who has received a compliance order or
upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions
of the compliance order or notice of violation have been complied
with, or until such owner shall first furnish the grantee, transferee,
mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Building Inspector and shall furnish to
the Building Inspector a signed and notarized statement from the grantee,
transferee, mortgagee or lessee, acknowledging the receipt of such
compliance order or notice of violation and fully accepting the responsibility
without condition for making the corrections or repairs required by
such compliance order or notice of violation.
C.
Escrow agent. Under the discretion of the Village Board, when any
structure that the owner has received notice to correct or repair
remains in violation and the designated time for correcting the violations
has lapsed, a third party can be designated as an escrow agent to
correct the code violations. The escrow agent shall collect rents
from occupied units, solicit bids for violations noted, and correct
problems. All rents collected shall be used to remedy the problems.
The escrow agent's fee shall be deducted from the monthly rents 5%
to 15% of the gross or amount (per month), not to exceed the highest
rent collected for the structure.
A.
General. When a structure or equipment is found by the Building Inspector
to be unsafe, or when a structure is found unfit for human occupancy,
or is found unlawful, such structure shall be condemned pursuant to
the provisions of this code.
(1)
Unsafe structure. An unsafe structure is one that is found to be
dangerous to the life, health, property or safety of the public or
the occupants of the structure by not providing minimum safeguards
to protect or warn occupants in the event of fire, or because such
structure contains unsafe equipment or is so damaged, decayed, dilapidated,
structurally unsafe, or of such faulty construction or unstable foundation
that partial or complete collapse is likely.
(2)
Unsafe equipment. Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that such equipment
is a hazard to life, health, property or safety of the public or occupants
of the premises or structure.
(3)
Structure unfit for human occupancy. A structure is unfit for human
occupancy whenever the Building Inspector finds that such structure
is unsafe, unlawful or, because of the degree to which the structure
is in disrepair or lacks maintenance, is unsanitary, vermin- or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
sanitary or heating facilities or other essential equipment required
by this code, or because the location of the structure constitutes
a hazard to the occupants of the structure or to the public.
(4)
Unlawful structure. An unlawful structure is one found in whole or
in part to be occupied by more persons than permitted under this code,
or which was erected, altered or occupied contrary to law.
B.
Closing of vacant structures. If the structure is vacant and unfit
for human habitation and occupancy, and is not in danger of structural
collapse, the Building Inspector is authorized to post a placard of
condemnation on the premises and order the structure closed up, in
a manner acceptable to the Building Inspector so as not to be an attractive
nuisance. As general guidelines, all ground-level and below-ground-level
openings shall be secured with plywood, metal mesh, or some other
material acceptable to the Building Inspector. The material shall
be cut to fit within the frame area of said opening and painted to
match the color scheme of the structure. If an opaque material is
used to cover openings, those openings facing a public street or alley
shall have a one-square-foot area covered with metallic mesh to prevent
access, yet allow observance of activities therein. Vacant structures
shall be required to maintain heating systems as required by this
code. Upon failure of the owner to close up the premises within the
time specified in the order, the Building Inspector shall cause the
premises to be closed through any available public agency or by contract
or arrangement by private persons, and the cost thereof shall be charged
against the real estate upon which the structure is located and shall
be a lien upon such real estate.
C.
Notice. Whenever the Building Inspector has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner or the person or persons responsible for the structure or equipment in accordance with § 210-7C. The notice shall be in the form prescribed in § 210-7B.
D.
Placarding. Upon failure of the owner or person responsible to comply
with the notice provisions within the time given, the Building Inspector
shall post on the premises or on defective equipment a placard bearing
the word "Condemned" and a statement of the penalties provided for
occupying the premises, operating the equipment or removing the placard.
E.
Prohibited occupancy. Any person who shall occupy a placarded premises
or shall operate placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded
premises or operate placarded equipment shall be liable for the penalties
provided by this code.
F.
Removal of placard. The Building Inspector shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Building Inspector shall be subject to the penalties provided
by this code.
A.
Imminent danger. When, in the opinion of the Building Inspector;
there is imminent danger of failure or collapse of a building or structure
which endangers life or when any structure or part of a structure
has fallen and life is endangered by the occupation of the structure,
or when there is actual or potential danger to the building occupants
or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or
materials, or operation of defective or dangerous equipment, the Building
Inspector is hereby authorized and empowered to order and require
the occupants to vacate the premises forthwith, and may demand the
abatement or removal of the violation within 24 hours. The Building
Inspector shall cause to be posted at each entrance to such structure
a notice reading as follows: "THIS STRUCTURE IS UNSAFE AND ITS OCCUPANCY
HAS BEEN PROHIBITED BY THE BUILDING INSPECTOR." It shall be unlawful
for any person to enter such structure except for the purpose of securing
the structure, making the required repairs, removing the hazardous
condition, or of demolishing the same.
B.
Temporary safeguards. Notwithstanding other provisions of this code,
whenever, in the opinion of the Building Inspector, there is imminent
danger due to an unsafe condition, the Building Inspector shall order
the necessary work to be done, including the boarding up of openings
to render such structure temporarily safe, whether or not the legal
procedure herein described has been instituted; and shall cause such
other action to be taken as the Building Inspector deems necessary
to meet such emergency.
C.
Closing streets. When necessary for the public safety, the Building
Inspector shall temporarily close structures and close, or order the
authority having jurisdiction to close, sidewalks, streets, public
ways and places adjacent to unsafe structures, and prohibit the same
from being utilized.
D.
Emergency repairs. For the purposes of this section, the Building
Inspector shall employ the necessary labor and materials to perform
the required work as expeditiously as possible.
E.
Costs of emergency repairs. Costs incurred in the performance of
emergency work shall be paid from the treasury of the jurisdiction
on approval of the Building Inspector. The legal counsel of the jurisdiction
shall institute appropriate action against the owner of the premises
where the unsafe structure is or was located for the recovery of such
costs.
F.
Hearing. Any person ordered to take emergency measures shall comply
with such order forthwith. Any affected person shall thereafter, upon
petition directed to the appeals board, be afforded a hearing as described
in this code.
A.
General. The Building Inspector shall order the owner of any premises
upon which is located any structure which in the Building Inspector's
judgment is so old, dilapidated or has become so out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation
or occupancy, and such that it is unreasonable to repair the structure,
to raze and remove such structure; or if such structure is capable
of being made safe by repairs, to repair and make safe and sanitary
or to raze and remove at the owner's option; or where there has been
a cessation of normal construction of any structure for a period of
more than two years, to raze and remove such structure.
C.
Failure to comply. If the owner of a premises fails to comply with
a demolition order within the time prescribed, the Building Inspector
may, after having received a court order to do so, cause the structure
to be razed and removed, either through an available public agency
or by contract or arrangement with private persons, and the cost of
such razing and removal shall be charged against the real estate upon
which the structure is located and shall be a lien upon such real
estate.
D.
Salvage material. When any structure has been ordered razed and removed,
the governing body or other designated officer under said contract
or arrangement aforesaid shall have the right to sell the salvage
and valuable materials at the highest price obtainable. The net proceeds
of such sale, after deducting the expenses of such razing and removal,
shall be promptly remitted with a report of such sale or transaction,
including the items of expense and the amounts deducted, for the person
who is entitled thereto, subject to any order of a court. If such
a surplus does not remain to be turned over, the report shall so state.
A.
Application for appeal. Any person affected by a decision of the
Building Inspector or a notice or order issued under this code shall
have the right to appeal to the Village Board, provided that a written
application for appeal is filed within 10 calendar days after the
day the decision; notice or order was served. An application for appeal
shall be based on a claim that the true intent of this code or the
rules legally adopted thereunder have been incorrectly interpreted,
the provisions of this code do not fully apply, or the requirements
of this code are adequately satisfied by other means. If, in the opinion
of the Village's legal advisor, an appeal is based on any other claim,
said appeal shall not be allowed, the Village Board shall not meet
to hear the appeal, and the Building Inspector shall proceed with
appropriate enforcement actions.
B.
Notice of meeting. The Village Board shall meet upon notice from
the President, within 10 days of the filing of an appeal, or at stated
periodic meetings.
C.
Hearing.
(1)
Open
hearing. All hearings before the Board shall be open to the public.
The appellant, the appellant's representative, the Building Inspector
and any person whose interests are affected shall be given an opportunity
to be heard.
(2)
Procedure. The Board shall adopt and make available to the public,
through the Clerk, procedures under which a hearing will be conducted.
The procedures shall not require compliance with strict rules of evidence
but shall mandate that only relevant information be received.
(3)
Postponed hearing. When a quorum of Trustees is not present to hear
an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
D.
Board decision. The Board shall modify or reverse the decision of
the Building Inspector by concurring vote of three or more members.
E.
Court review. Any person, whether or not a previous party to the
appeal, shall have the right to apply to the appropriate court for
judicial review to correct errors of law. Application for review shall
be made in the manner and time required by law following the filing
of the decision in the office of the Village Clerk.
