[HISTORY: Adopted by the Village Board of the Village of
Monticello as Sec. 11-3-5 of the 1989 Code of Ordinances. Amendments
noted where applicable.]
It is hereby found and declared:
A.
That there exist in the Village of Monticello (the Village), premises
used for residential and nonresidential purposes which are, or may
become in the future, substandard with respect to structure, equipment
or maintenance;
B.
That such conditions, including, but not limited to, structural deterioration,
lack of maintenance and appearance of the exterior of the premises
and appurtenant lawns, infestation and existence of fire hazards,
constitute a threat to the health, safety, general welfare and reasonable
comfort of the citizens of the Village;
C.
That by reason of lack of maintenance and because of progressive
deterioration, certain properties have the further effect of creating
blighting conditions and that if these conditions are not curtailed
and removed, they will grow and spread and will necessitate the expenditure
of large amounts of public funds to correct and eliminate;
D.
That as the result of the regulations and restrictions contained
in this chapter, the desirability and amenities of residential and
nonresidential uses may be enhanced and the public health, safety
and general welfare be protected and fostered.
The purpose of this chapter is to protect the public health,
safety and general welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential and nonresidential
premises; to fix certain responsibilities and duties upon owners and
operators and occupants; to authorize and establish procedures for
the inspection of residential and nonresidential premises; and to
provide for the repair, demolition or vacation of premises unfit for
human habitation, occupancy or use.
The following words and terms, wherever used in this chapter,
shall be defined as follows unless a different meaning clearly appears
from the context.
The condition of a building or part thereof characterized
by holes, breaks, rot, crumbling, peeling, rusting or other evidence
of physical decay or neglect, lack of maintenance or excessive use.
Any premises or building or part thereof that may be viewed
by the public.
The open space on the premises and the exterior of any structure
thereon.
The control and elimination of insects, rodents, vermin and
other pests.
The presence of insects, rodents, vermin or other pests on
the premises that constitute a health hazard.
Land covered with cool season grasses maintained at a height
not to exceed six inches.[1]
A lot or parcel of land including the buildings and structures
thereon and its appurtenant lawn, if any.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof.
A public nuisance is a thing, act, condition or use of property
which shall continue for such length of time as to:
Substantially annoy, injure or endanger the comfort, health
safety and general welfare of the public; or
In any way render the public insecure in life or the use of
property; or
Unlawfully and substantially interfere with, obstruct or tend
to obstruct or render dangerous for passage, any street, alley or
other public way or the use of public property.
Waste shall include but not be limited to garbage, litter,
refuse, trash, rubbish, junk and debris.
Every residential, nonresidential or mixed occupancy building
and the land on which it is located, used, or intended to be used
for residential, commercial, agricultural or industrial occupancy
shall comply with the provisions of this chapter whether or not such
building or premises shall have been constructed, altered, repaired,
installed or planted before or after the effective date of this chapter.
A.
Maintenance of exterior of premises. The exterior of the premises
and all structures thereon shall be kept free of unsanitary conditions
and any hazards to the safety of the occupant, invitees, pedestrians
and other persons utilizing or coming on the premises. The exterior
of every structure on a premise, including fences or enclosures, shall
be maintained in good repair, free of broken glass, loose shingles,
crumbling stone or brick, excessively peeling paint, loose boards
or other conditions indicative of deterioration or inadequate maintenance
all to the end that the property itself may be preserved, safety and
tire hazards eliminated and adjoining properties protected from blight.
Any of the foregoing conditions are found to be public nuisances and
shall be promptly removed and abated by the property owner. Such public
nuisances include, but are not limited to, the following:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Waste.
(2)
Dead and dying trees and limbs or other natural growth which by reason
of rotting, deteriorating conditions or storm damage constitute a
hazard to persons in the vicinity.
(3)
Sources of infestation.
(4)
Lack of maintenance to the exterior of the premises such that the
appearance of the premises or structures or waste or other property
thereon contributes to blight.
B.
Nuisances prohibited. No person, firm, corporation, company or organization
shall permit any public nuisance as defined herein to remain on any
premises owned, controlled or occupied by such person, firm, corporation,
company or organization within the Village.
C.
Inspection. The Village Board may cause to be inspected by the Village
Building Inspector, Village Board, and/or County Health Department
any premises and place within the Village to determine whether any
public nuisance as herein exists.
D.
Abatement of nuisance. If the Village Building Inspector, Village
Board, and/or County Health Department shall determine with reasonable
certainty that any public nuisance as defined herein exists, such
inspection shall be immediately reported to the Village Board which
shall, if it determines that such nuisance exists, cause notice to
be delivered personally or by certified mail, return receipt requested,
on the property owner that the Village Board proposes to order the
abatement of the public nuisance.
E.
Hearing. If the property owner believes that no public nuisance exists,
such person may request a hearing before the Village Board. The request
for said hearing must be made in writing to the Village Clerk's
office within 10 days of the date of delivery of the notice from the
Village. When a hearing is requested by the property owner, a hearing
by the Village Board shall be held not less than 15 days from the
date of the owner's request. At the hearing, the owner may appear
in person or by his attorney, may present witnesses and may cross-examine
witnesses presented by the Village. At the close of the hearing, the
Village Board shall make its decision in writing. If the Village Board
determines that a public nuisance does exist, the Village Board shall
order the nuisance abated. The order shall specify the time by which
the nuisance shall be abated which shall not be less than 48 hours
from delivery of said order either personally or by certified mail,
return receipt requested.
F.
Costs. If the owner does not abate the nuisance within 48 hours,
the Village may cause the nuisance to be abated and the costs thereof
to be assessed to the property owner. All costs associated with abatement
of a nuisance including, but not limited to, Building Inspector costs,
Village Board costs, and/or County Health Board, Village employee,
equipment, private contractor costs shall be assessed to the property
owner. If costs are not paid within 60 days of billing date, the total
cost plus 10% administration fee shall be filed as a special charge
on the property served.
G.
Penalty. Any person who does not abate a public nuisance under this section within the time specified shall, in addition to all other remedies available to the Village, including payment of the cost of inspection, be subject to a forfeiture per § 1-6 in addition to the costs of prosecution. Each day that a violation exists with failure to abate the nuisance shall constitute a separate offense.
Exterior appearance of all buildings shall reflect a level of
maintenance in keeping with the standards of all North Main Street
buildings. No building shall have the appearance of progressive deterioration.
Fluorescent and bright colors are prohibited on the entire building,
including portions of such building that are not abutting North Main
Street. Restoring to original condition is encouraged to preserve
the historic atmosphere of North Main Street. Owner shall obtain permission
from the Village Board for exterior remodeling of any type or change
in color, i.e., paint, siding, or signage. No permanent banners shall
be used on the exterior of a building; temporary banners shall not
be used longer than 60 days for advertising. No permanent interior
or exterior window painting shall be allowed. Temporary window painting
shall not be used longer than 30 days. Attractive and well maintained
properties enhance the Business district and provide a suitable environment
for increased monetary values.
