As used in this chapter, the following terms shall have the
meanings indicated:
EVIDENCE OF VACANCY
Any condition that, on its own or combined with other conditions
present, would lead a reasonable person to believe that the property
is vacant. Such conditions may include, but not be limited to, overgrown
and/or dead vegetation, accumulation of abandoned real property, as
defined herein, and statements by neighbors, passersby, delivery agents
or government agents, among other evidence that the property is vacant.
LOCAL AGENT
The agent designated by the owner or mortgagee upon registration
as required by this chapter.
OWNER
Owner or owners of record on the assessment rolls in the
Office of the Assessor of the Village of Walden; those identified
as the owner or owners on a vacant building registration form; a receiver
or assignee of rents; an executor, trustee, or other person, firm,
entity or corporation in control of the property or premises; or persons
or entities who may have joint and several obligations for compliance
with the provisions of this chapter.
SECURING
Any measures that assist in making the property inaccessible
to unauthorized persons.
VACANT OR ABANDONED BUILDING OR PROPERTY
A building or property or portion of same which is unoccupied
and unsecured; unoccupied and secured by other than normal means;
unoccupied and unsafe as determined by the Building Official/Code
Enforcement Officer of the Village of Walden; unoccupied and has multiple
housing or building code violations; illegally occupied; or unoccupied
and the subject of code violation notices issued by the Building Official/Code
Enforcement Officer of the Village of Walden. This shall not include
individual condominium units or other individual units in a Village-interest
community where all exterior elements and Village areas are jointly
owned and maintained by a homeowners' or community association.
The Building Official/Code Enforcement Officer, fire inspector
and/or Police Department shall have the authority to inspect properties
subject to this chapter for compliance with same and to issue citations
for any violations.
Upon the Building Official/Code Enforcement Officer or his/her
designee determining a property has been abandoned, he/she shall cause
a certification of abandonment to be filed with the Building Department's
records, and such certification shall be served upon the owner of
the premises either personally or by posting a copy of the certification
in a conspicuous place on the property and by mailing a copy by certified
mail to the owner's(s') last known address.
A. Upon the Building Official/Code Enforcement Officer filing a certification
of abandonment, the Building Official/Code Enforcement Officer, Police
Department and/or Fire Inspector may, without further notice to the
owner, take necessary steps to ensure the property and/or dwelling
is properly maintained pursuant to this chapter. Costs incurred under
this section shall be paid out of the municipal treasury on certificate
of the Building Official/Code Enforcement Officer. Such costs shall
be charged against the land on which the building existed, as a municipal
lien, or shall be added to the tax roll as an assessment, or shall
be levied as a special tax against the land upon which the building
stands or stood or shall be recovered in a suit at law against the
owner.
B. The owner of a property declared abandoned may petition the Building
Department to remove the certification of abandonment by providing
proof to the Building Official/Code Enforcement Officer that the basis
of the certificate of abandonment no longer exists and the owner is
in compliance with this chapter.
If an owner shall violate any portion of this chapter, he/she
shall be subject to a fine of not more than $500 or 30 days in jail,
or both. Each day a violation continues shall be deemed a separate
offense.